[House Prints, 110th Congress]
[From the U.S. Government Publishing Office]




110th Congress                                                HASC No.
2d Session             HOUSE OF REPRESENTATIVES                  10
_______________________________________________________________________




                             DUNCAN HUNTER

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

                               ----------                              

                            COMMITTEE PRINT

                                 OF THE

                        HOUSE OF REPRESENTATIVES

                      COMMITTEE ON ARMED SERVICES

                               ----------                              

                      JOINT EXPLANATORY STATEMENT

                              to accompany

                                S. 3001

                                     
    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]





                             September 2008
                                      




 DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009





















110th Congress                                                HASC No.

 2d Session             HOUSE OF REPRESENTATIVES                10
_______________________________________________________________________

. 
                             DUNCAN HUNTER

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

                               __________

                            COMMITTEE PRINT

                                 OF THE

                        HOUSE OF REPRESENTATIVES

                      COMMITTEE ON ARMED SERVICES

                               __________

                      JOINT EXPLANATORY STATEMENT

                              to accompany

                                S. 3001

                                     
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


                             September 2008

                                 ------

                     U.S. GOVERNMENT PRINTING OFFICE

44-707                      WASHINGTON : 2008







            Note From the Director of Legislative Operations

    This committee print contains the legislative text of the 
Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 as passed by the House of Representatives on 
September 24, 2008, the Senate on September 27, 2008, and 
enrolled for the President's signature. In addition, it 
includes the Joint Explanatory Statement submitted in the 
Congressional Record on September 23, 2008, by Mr. Skelton, 
Chairman of the House Committee on Armed Services (for himself, 
Mr. Hunter, Ranking Member of the House Committee on Armed 
Services, Mr. Levin, Chairman of the Senate Committee on Armed 
Services and Mr. Warner, Acting Ranking Member of the Senate 
Committee on Armed Services).
    On May 22, 2008, the House passed H.R. 5658, the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009. 
On September 17, 2008, the Senate passed S. 3001, the National 
Defense Authorization Act for Fiscal Year 2009. Following 
precedent in previous years regarding Defense Authorization 
Acts, the Senate would have traditionally taken up H.R. 5658, 
struck and replaced its contents with the recently passed S. 
3001, passed it under unanimous consent, insisted upon its 
amendment, motioned to go to conference, and appointed 
conferees. However, because of opposition in the Senate to 
initiate a formal conference, managers of the bill in the House 
of Representatives and the Senate, in collaboration with 
chairmen and ranking members, or their designees, of committees 
who would have been outside conferees had there been a formal 
conference, reconciled the differences between H.R. 5658 and S. 
3001 through an informal conference. The result of these 
negotiations comprised the House amendment to S. 3001, which 
was considered and passed under suspension of the Rules of the 
House of Representatives on September 24, 2008, by a vote of 
392-39. By unanimous consent, the Senate agreed with the House 
amendment to S. 3001 on September 27, 2008.
    The following pages are organized in the manner of a 
traditional conference report to maintain legislative history 
and transparency.
                            C O N T E N T S

                              ----------                              
                                                                   Page
JOINT EXPLANATORY STATEMENT SUBMITTED BY MR. SKELTON, CHAIRMAN OF 
  THE COMMITTEE ON ARMED SERVICES, REGARDING THE AMENDMENT OF THE 
  HOUSE OF REPRESENTATIVES TO S. 3001 (As printed in the 
  Congressional Record on September 23, 2008)....................   393
CONGRESSIONAL DEFENSE COMMITTEES.................................   402
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS.................   402
Title I--Procurement.............................................   402
            Procurement Overview.................................   402
    Budget Items.................................................   487
            Shipbuilding.........................................   487
    Items of Special Interest....................................   488
            Intelligence, surveillance, and reconnaissance task 
              force..............................................   488
    Legislative Provisions Adopted...............................   488
        Subtitle A--Authorization of Appropriations..............   488
            Authorization of appropriations (secs. 101-105)......   488
        Subtitle B--Army Programs................................   489
            Separate procurement line items for Future Combat 
              Systems program (sec. 111).........................   489
            Clarification of status of Future Combat Systems 
              program lead system integrator (sec. 112)..........   489
            Restriction on obligation of funds for Army tactical 
              radio pending report (sec. 113)....................   489
            Restriction on obligation of procurement funds for 
              Armed Reconnaissance Helicopter program pending 
              certification (sec. 114)...........................   490
            Stryker Mobile Gun System (sec. 115).................   490
        Subtitle C--Navy Programs................................   490
            Refueling and complex overhaul of the U.S.S. Theodore 
              Roosevelt (sec. 121)...............................   490
            Littoral Combat Ship (LCS) program (sec. 122)........   491
            Report on F/A-18 procurement costs, comparing 
              multiyear to annual (sec. 123).....................   491
            Authority for advanced procurement and construction 
              of components for the Virginia-class submarine 
              program (sec. 124).................................   491
        Subtitle D--Air Force Programs...........................   491
            Maintenance of retired KC-135E aircraft (sec. 131)...   491
            Repeal of multi-year contract authority for 
              procurement of tanker aircraft (sec. 132)..........   492
            Report on processes used for requirements development 
              for KC-(X) tanker aircraft (sec. 133)..............   492
            F-22A fighter aircraft (sec. 134)....................   492
        Subtitle E--Joint and Multiservice Matters...............   493
            Annual long-term plan for the procurement of aircraft 
              for the Navy and the Air Force (sec. 141)..........   493
            Report on body armor acquisition strategy (sec. 142).   493
            Small arms acquisition strategy and requirements 
              review (sec. 143)..................................   493
            Requirement for common ground stations and payloads 
              for manned and unmanned aerial vehicle systems 
              (sec. 144).........................................   494
            Report on future jet carrier training requirements of 
              the Navy (sec. 145)................................   494
    Legislative Provisions Not Adopted...........................   494
            Rapid acquisition fund...............................   494
            Applicability of previous teaming agreements for 
              Virginia-class submarine program...................   495
            Limitation on retiring C-5 aircraft..................   495
Title II--Research, Development, Test, and Evaluation............   495
    Budget Items.................................................   495
            Research, Development, Test and Evaluation overview..   495
            Network science, technology and experimentation 
              center.............................................   570
    Items of Special Interest....................................   570
            Executive helicopter program (VH-71A)................   570
            Missile defense force structure and Joint 
              Capabilities Mix studies...........................   571
            Missile defense tests and targets....................   572
            Upper tier follow-on to Arrow........................   572
            Wide area airborne surveillance......................   573
        Subtitle A--Authorization of Appropriations..............   574
            Authorization of appropriations (sec. 201)...........   574
            Authorization for defense science and technology 
              (sec. 202).........................................   574
        Subtitle B--Program Requirements, Restrictions, and 
          Limitations............................................   574
            Additional determinations to be made as part of 
              Future Combat Systems milestone review (sec. 211)..   574
            Analysis of Future Combat Systems communications 
              network and software (sec. 212)....................   575
            Future Combat Systems manned ground vehicle selected 
              acquisition reports (sec. 213).....................   575
            Separate procurement and research, development, test, 
              and evaluation line items and program elements for 
              Sky Warrior unmanned aerial systems (sec. 214).....   575
            Restriction on obligation of funds for the Warfighter 
              Information Network-Tactical program (sec. 215)....   575
            Limitation on source of funds for certain Joint Cargo 
              Aircraft expenditures (sec. 216)...................   576
            Requirement for plan on overhead nonimaging infrared 
              systems (sec. 217).................................   576
            Advanced energy storage technology and manufacturing 
              (sec. 218).........................................   577
            Mechanisms to provide funds for defense laboratories 
              for research and development of technologies for 
              military missions (sec. 219).......................   577
            Requirements for certain airborne intelligence 
              collection systems (sec. 220)......................   577
            Limitation on obligation of funds for enhance AN/TPQ-
              36 Radar System pending submission of report (sec. 
              221)...............................................   578
        Subtitle C--Missile Defense Programs.....................   578
            Annual Director of Operational Test and Evaluation 
              characterization of operational effectiveness, 
              suitability, and survivability of the Ballistic 
              Missile Defense System (sec. 231)..................   578
            Independent study of boost-phase missile defense 
              (sec. 232).........................................   578
            Limitation on availability of funds for procurement, 
              construction, and deployment of missile defenses in 
              Europe (sec. 233)..................................   578
            Review of the ballistic missile defense policy and 
              strategy of the United States (sec. 234)...........   579
            Airborne Laser System (sec. 235).....................   579
            Activation and deployment of AN/TPY-2 forward-based 
              X-band radar (sec. 236)............................   580
        Subtitle D--Reports......................................   580
            Biennial reports on joint and service concept 
              development and experimentation (sec. 241).........   580
            Report on the participation of the historically black 
              colleges and universities and minority serving 
              institutions in research and educational programs 
              and activities of the Department of Defense (sec. 
              242)...............................................   580
            Report on Department of Defense response to findings 
              and recommendations of the Defense Science Board 
              Task Force on Directed Energy Weapons (sec. 243)...   581
        Subtitle E--Other Matters................................   581
            Modification of systems subject to survivability 
              testing oversight by the Director of Operational 
              Test and Evaluation (sec. 251).....................   581
            Technology-neutral information technology guidelines 
              and standards to support fully interoperable 
              electronic personal health information for the 
              Department of Defense and Department of Veterans 
              Affairs (sec. 252).................................   581
            Assessment of Technology transition programs and 
              repeal of reporting requirement (sec. 253).........   582
            Trusted defense systems (sec. 254)...................   583
            Capabilities-based assessment to outline a joint 
              approach for future development of vertical lift 
              aircraft and rotorcraft (sec. 255).................   583
            Executive agent for printed circuit board technology 
              (sec. 256).........................................   583
            Review of conventional prompt global strike 
              technology applications and concepts (sec. 257)....   584
    Legislative Provisions Not Adopted...........................   585
            Assured funding for certain information security and 
              information assurance programs of the Department of 
              Defense............................................   585
            Study on space-based interceptor element of ballistic 
              missile defense system.............................   585
            Visiting National Institutes of Health senior 
              neuroscience fellowship program....................   586
Title III--Operation and Maintenance.............................   586
        Subtitle A--Authorization of Appropriations..............   622
            Operation and maintenance funding (sec. 301).........   622
        Subtitle B--Environmental Provisions.....................   622
            Authorization for Department of Defense participation 
              in conservation banking programs (sec. 311)........   622
            Reimbursement of Environmental Protection Agency for 
              certain costs in connection with Moses Lake 
              Wellfield Superfund Site, Moses Lake, Washington 
              (sec. 312).........................................   622
            Expand cooperative agreement authority for management 
              of natural resources to include off-installation 
              mitigation (sec. 313)..............................   622
            Expedited use of appropriate technology related to 
              unexploded ordnance detection (sec. 314)...........   622
            Closed loop re-refining of used motor vehicle 
              lubricating oil (sec. 315).........................   623
            Comprehensive program for the eradication of the 
              brown tree snake population from military 
              facilities in Guam (sec. 316)......................   623
        Subtitle C--Workplace and Depot Issues...................   623
            Comprehensive analysis and development of single 
              government-wide definition of inherently 
              governmental function and criteria for critical 
              functions (sec. 321)...............................   623
            Study on future depot capability (sec. 322)..........   623
            Government Accountability Office review of high-
              performing organizations (sec. 323)................   624
            Consolidation of Air Force and Air National Guard 
              aircraft maintenance (sec. 324)....................   624
            Report on Air Force civilian personnel consolidation 
              plan (sec. 325)....................................   624
            Report on reduction in number of firefighters on Air 
              Forces bases (sec. 326)............................   625
            Minimum capital investment for certain depots (sec. 
              327)...............................................   625
        Subtitle D--Energy Security..............................   625
            Annual report on operational energy management and 
              implementation of operational energy strategy (sec. 
              331)...............................................   625
            Consideration of fuel logistics support requirements 
              in planning, requirements development, and 
              acquisition processes (sec. 332)...................   625
            Study on solar and wind energy for use for 
              expeditionary forces (sec. 333)....................   626
            Study on alternative and synthetic fuels (sec. 334)..   626
            Mitigation of power outage risks for Department of 
              Defense facilities and activities (sec. 335).......   626
        Subtitle E--Reports......................................   627
            Comptroller General report on readiness of armed 
              forces (sec. 341)..................................   627
            Report on plan to enhance combat skills of Navy and 
              Air Force personnel (sec. 342).....................   627
            Comptroller General report on the use of the Army 
              Reserve and National Guard as an operational 
              reserve (sec. 343).................................   627
            Comptroller General report on link between 
              preparation and use of Army reserve component 
              forces to support ongoing operations (sec. 344)....   627
            Comptroller General report on adequacy of funding, 
              staffing, and organization of Department of Defense 
              military munitions response program (sec. 345).....   627
        Subtitle F--Other Matters................................   628
            Extension of enterprise transition plan reporting 
              requirement (sec. 351).............................   628
            Demilitarization of loaned, given, or exchanged 
              documents, historical artifacts, and condemned or 
              obsolete combat materiel (sec. 352)................   628
            Repeal of requirement that Secretary of Air Force 
              provide training and support to other military 
              departments for A-10 aircraft (sec. 353)...........   628
            Display of annual budget requirements for air 
              sovereignty alert mission (sec. 354)...............   628
            Revision of Certain Air Force regulations required 
              (sec. 355).........................................   628
            Transfer of C-12 aircraft to California Department of 
              Forestry and Fire Protection (sec. 356)............   629
            Limitation on treatment of retired B-52 aircraft for 
              Air Combat Command Headquarters (sec. 357).........   629
            Increase of domestic breeding of military working 
              dogs used by the Department of Defense (sec. 358)..   629
    Legislative Provisions Not Adopted...........................   629
            Time limitation on duration of public-private 
              competitions.......................................   629
            Authority to consider depot-level maintenance and 
              repair using contractor furnished equipment or 
              leased facilities as core logistics................   630
            Temporary suspension of studies and public-private 
              competitions regarding conversion of functions of 
              the Department of Defense performed by civilian 
              employees to contractor performance................   630
            Exception to alternative fuel procurement requirement   630
            Study of consideration of greenhouse gas emissions...   631
            Increased authority to accept financial and other 
              incentives related to energy savings and new 
              authority related to energy systems................   631
            Recovery of improperly disposed of Department of 
              Defense property...................................   631
            Report on options for providing ship repair 
              capabilities to support ships operating near Guam..   631
            Sense of Congress that air sovereignty alert mission 
              should receive sufficient funding and resources....   631
            Availability of funds for Irregular Warfare Support 
              program............................................   631
            Sense of Congress regarding procurement and use of 
              munitions..........................................   632
Title IV--Military Personnel Authorizations......................   632
        Subtitle A--Active Forces................................   632
            End strengths for active forces (sec. 401)...........   632
            Revision in permanent active duty end strength 
              minimum levels (sec. 402)..........................   633
        Subtitle B--Reserve Forces...............................   633
            End strengths for Selected Reserve (sec. 411)........   633
            End strength for reserves on active duty in support 
              of the reserves (sec. 412).........................   634
            End strengths for military technicians (dual status) 
              (sec. 413).........................................   634
            Fiscal year 2009 limitation on number of non-dual 
              status technicians (sec. 414)......................   635
            Maximum number of reserve personnel authorized to be 
              on active duty for operational support (sec. 415)..   635
            Additional waiver authority of limitation on number 
              of reserve component members authorized to be on 
              active duty (sec. 416).............................   635
        Subtitle C--Authorization of appropriations..............   635
            Military personnel (sec. 421)........................   635
    Legislative Provision Not Adopted............................   636
            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............................   636
Title V--Military Personnel Policy...............................   636
        Subtitle A--Officer Personnel Policy Generally...........   636
            Mandatory separation requirements for regular warrant 
              officers for length of service (sec. 501)..........   636
            Requirements for issuance of posthumous commissions 
              and warrants (sec. 502)............................   636
            Authorized number of general officers on active duty 
              in the Army and Marine Corps, limited exclusion for 
              joint duty requirements, and increase in number of 
              officers serving in grades above major general and 
              rear admiral (sec. 503)............................   636
            Modification of authority on Staff Judge Advocate to 
              the Commandant of the Marine Corps (sec. 504)......   637
            Eligibility of reserve officers to serve on boards of 
              inquiry for separation of regular officers for 
              substandard performance and other reasons (sec. 
              505)...............................................   637
            Delayed authority to alter distribution requirements 
              for commissioned officers on active duty in general 
              officer and flag officer grades and limitations on 
              authorized strengths of general and flag officers 
              (sec. 506).........................................   638
        Subtitle B--Reserve Component Management.................   638
            Extension to other reserve components of Army 
              authority for deferral of a mandatory separation of 
              military technicians (dual status) until age 60 
              (sec. 511).........................................   638
            Modification of authorized strengths for certain Army 
              National Guard Marine Corps Reserve, and Air 
              National Guard officers and Army National Guard 
              enlisted personnel serving on full-time reserve 
              component duty (sec. 512)..........................   638
            Clarification of authority to consider for a vacancy 
              promotion National Guard officers ordered to active 
              duty in support of a contingency operation (sec. 
              513)...............................................   639
            Increase in mandatory retirement age for certain 
              Reserve Officers (sec. 514)........................   639
            Age limit for retention of certain Reserve officers 
              on active-status list as exception to removal for 
              years of commissioned service (sec. 515)...........   639
            Authority to retain Reserve chaplains and officers in 
              medical and related specialties until age 68 (sec. 
              516)...............................................   639
            Modification of authorities on dual duty status of 
              National Guard officers (sec. 517).................   640
            Study and report regarding Marine Corps personnel 
              policies regarding assignments in Individual Ready 
              Reserve (sec. 518).................................   640
            Report on collection of information on civilian 
              skills of members of the reserve components of the 
              armed forces (sec. 519)............................   640
        Subtitle C--Joint Qualified Officers and Requirements....   640
            Joint duty requirements for promotion to general of 
              flag officer (sec. 521)............................   640
            Technical, conforming, and clerical changes to joint 
              specialty terminology (sec. 522)...................   640
            Promotion policy objectives for joint qualified 
              officers (sec. 523)................................   641
            Length of joint duty assignments (sec. 524)..........   641
            Designation of general and flag officer positions on 
              Joint Staff as positions to be held only by reserve 
              component officers (sec. 525)......................   641
            Modification of limitations on authorized strengths 
              of reserve general and flag officers in active 
              status serving in joint duty assignments (sec. 526)   641
            Reports on joint education courses available through 
              the Department of Defense (sec. 527)...............   642
        Subtitle D--General Service Authorities..................   642
            Increase in maximum period of reenlistment of regular 
              members of the armed forces (sec. 531).............   642
            Paternity leave for members of the armed forces (sec. 
              532)...............................................   643
            Pilot programs on career flexibility to enhance 
              retention of members of the armed forces (sec. 533)   643
        Subtitle E--Education and Training.......................   643
            Authorized strength of military service academies and 
              repeal of prohibition on phased increase in 
              midshipmen and cadet strength limit at Naval 
              Academy and Air Force Academy (sec. 540)...........   643
            Promotion of foreign and cultural exchange activities 
              at military service academies (sec. 541)...........   644
            Increased authority to enroll defense industry 
              employees in defense product development program 
              (sec. 542).........................................   644
            Expanded authority for institutions of professional 
              military education to award degrees (sec. 543).....   644
            Tuition for attendance of federal employees at the 
              United States Air Force Institute of Technology 
              (sec. 544).........................................   645
            Increase in number of permanent professors at the 
              United States Air Force academy (sec. 545).........   645
            Requirement of completion of service under honorable 
              conditions for purposes of entitlement to 
              educational assistance for reserve component 
              members supporting contingency operations (sec. 
              546)...............................................   645
            Consistent education loan repayment authority for 
              health professionals in regular components and 
              Selected Reserve (sec. 547)........................   645
            Increase in number of units of Junior Reserve 
              Officers' Training Corps (sec. 548)................   646
            Correction of erroneous Army college Fund benefit 
              amounts (sec. 549).................................   646
            Enhancing education partnerships to improve 
              accessibility and flexibility for members of the 
              Armed Forces (sec. 550)............................   646
        Subtitle F--Defense Dependents' Education................   647
            Continuation of authority to assist local educational 
              agencies that benefit dependents of members of the 
              armed forces and Department of Defense civilian 
              employees (sec. 551)...............................   647
            Impact aid for children with severe disabilities 
              (sec. 552).........................................   647
            Transition of military dependent students among local 
              educational agencies (sec. 553)....................   647
            Calculation of payments for eligible federally 
              connected children under Department of Education's 
              impact aid program (sec. 554)......................   647
        Subtitle G--Military Justice.............................   648
            Effective period of military protective orders (sec. 
              561)...............................................   648
            Mandatory notification of issuance of military 
              protective order to civilian law enforcement (sec. 
              562)...............................................   648
            Implementation of information database on sexual 
              assault incidents in the armed forces (sec. 563)...   648
        Subtitle H--Decorations, Awards, and Honorary Promotions.   648
            Replacement of military decorations (sec. 571).......   648
            Authorization and request for award of Medal of Honor 
              to Richard L. Etchberger for acts of valor during 
              the Vietnam War (sec. 572).........................   649
        Subtitle I--Military Families............................   649
            Presentation of burial flag to the surviving spouse 
              and children of deceased member of the armed forces 
              (sec. 581).........................................   649
            Education and training opportunities for military 
              spouses (sec. 582).................................   649
            Sense of the Congress regarding honor guard details 
              for funerals of veterans (sec. 583)................   650
        Subtitle J--Other Matters................................   650
            Prohibition on interference in independent legal 
              advice by the Legal Counsel to the Chairman of the 
              Joint Chiefs of Staff (sec. 591)...................   650
            Interest payments on certain claims arising from 
              correction of military records (sec. 592)..........   650
            Extension of limitation on reductions of personnel of 
              agencies responsible for review and correction of 
              military records (sec. 593)........................   650
            Modification of matching fund requirements under 
              National Guard Youth Challenge Program (sec. 594)..   651
            Military salute for the flag during the national 
              anthem by members of the armed forces not in 
              uniform and by veterans (sec. 595).................   651
            Military Leadership Diversity Commission (sec. 596)..   651
            Demonstration project on service of retired nurse 
              corps officers as faculty at civilian nursing 
              schools (sec. 597).................................   651
            Report on planning for participation and hosting of 
              the Department of Defense in international sports 
              activities, competitions, and events (sec. 598)....   652
    Legislative Provisions Not Adopted...........................   652
            Extension of authority to reduce minimum length of 
              active service required for voluntary retirement as 
              an officer.........................................   652
            Compensation for civilian President of naval 
              Postgraduate School................................   652
            Advancement of Brigadier General Charles E. Yeager, 
              United States Air Force (Retired), on the retired 
              list...............................................   653
            Advancement of Rear Admiral Wayne E. Meyer, United 
              States Navy (Retired), on the retired list.........   653
            Award of Vietnam Service Medal to veterans who 
              participated in Mayaguez rescue operation..........   653
            Retroactive award of Army Combat Action Badge........   653
            Inclusion of Reserves in providing federal aid for 
              State governments, enforcing federal authority, and 
              responding to major public emergencies.............   654
            Authority to order Reserve units to active duty to 
              provide assistance in response to a major disaster 
              or emergency.......................................   654
            Limitation on simultaneous deployment to combat zones 
              of dual-military couples who have minor dependents.   655
            Additional funds to carry out funeral honor functions 
              at funerals for veterans...........................   655
            Protection of child custody arrangements for parents 
              who are members of the armed forces deployed in 
              support of a contingency operation.................   655
Title VI--Compensation and Other Personnel Benefits..............   656
        Subtitle A--Pay and Allowances...........................   656
            Fiscal year 2009 increase in military basic pay (sec. 
              601)...............................................   656
            Permanent extension of prohibition on charges for 
              meals received at military treatment facilities by 
              members receiving continuous care (sec. 602).......   656
            Increase in maximum authorized payment or 
              reimbursement amount for temporary lodging expenses 
              (sec. 603).........................................   656
            Availability of second family separation allowance 
              for married couples with dependents (sec. 604).....   656
            Extension of authority for income replacement 
              payments for reserve component members experiencing 
              extended and frequent mobilization for active duty 
              service (sec. 605).................................   656
        Subtitle B--Bonuses and Special and Incentive Pays.......   657
            Extension of certain bonus and special pay 
              authorities for reserve forces (sec. 611)..........   657
            Extension of certain bonus and special pay 
              authorities for health care professionals (sec. 
              612)...............................................   657
            Extension of special pay and bonus authorities for 
              nuclear officers (sec. 613)........................   657
            Extension of authorities relating to payment of other 
              title 37 bonuses and special pays (sec. 614).......   657
            Extension of authorities relating to payment of 
              referral bonuses (sec. 615)........................   658
            Increase in maximum bonus and stipend amounts 
              authorized under nurse officer candidate accession 
              program and Health Professions Stipend Program 
              (sec. 616).........................................   658
            Maximum length of nuclear officer incentive pay 
              agreements for service (sec. 617)..................   658
            Technical changes regarding consolidation of special 
              pay, incentive pay, and bonus authorities of the 
              uniformed services (sec. 618)......................   658
            Use of new skill incentive pay and proficiency bonus 
              authorities to encourage training in critical 
              foreign languages and foreign cultural studies and 
              authorization of incentive pay for members of 
              precommissioning programs pursuing foreign language 
              proficiency (sec. 619).............................   659
            Accession and retention bonuses for the recruitment 
              and retention of officers in certain health 
              professions (sec. 620).............................   659
        Subtitle C--Travel and Transportation Allowances.........   660
            Special weight allowance for transportation of 
              professional books and equipment for spouses (sec. 
              621)...............................................   660
            Shipment of family pets during evacuation of 
              personnel (sec. 622)...............................   660
        Subtitle D--Retired Pay and Survivor Benefits............   660
            Extension to survivors of certain members who die on 
              active duty of special survivor indemnity allowance 
              for persons affected by required Survivor Benefit 
              Plan annuity offset for Dependency and Indemnity 
              Compensation (sec. 631)............................   660
            Correction of unintended reduction in survivor 
              Benefit Plan annuities due to phased elimination of 
              two-tier annuity computation and supplemental 
              annuity (sec. 632).................................   660
        Subtitle E--Commissary and Nonappropriated Fund 
          Instrumentality Benefits and Operations................   661
            Use of commissary stores surcharges derived from 
              temporary commissary initiatives for reserve 
              components and retired members (sec. 641)..........   661
            Enhanced enforcement of prohibition on sale or rental 
              of sexually explicit material on military 
              installations (sec. 642)...........................   661
        Subtitle F--Other Matters................................   661
            Continuation of entitlement to bonuses and similar 
              benefits for members of the uniformed services who 
              die, are separated or retired for disability, or 
              meet other criteria (sec. 651).....................   661
    Legislative Provisions Not Adopted...........................   662
            Equitable treatment of senior enlisted members in 
              computation of basic allowance for housing.........   662
            Stabilization of pay and allowances for senior 
              enlisted members and warrant officers appointed as 
              officers and officers reappointed in a lower grade.   662
            Guaranteed pay increase for members of the armed 
              forces of one-half of one percentage point higher 
              than employment cost index.........................   662
            Increased weight allowance for transportation of 
              baggage and household effects for certain enlisted 
              members............................................   662
            Travel and transportation allowances for members of 
              the reserve components of the armed forces on leave 
              for suspension of training.........................   662
            Equity in computation of disability retired pay for 
              reserve component members wounded in action........   663
            Effect of termination of subsequent marriage on 
              payment of Survivor Benefit Plan annuity to 
              surviving spouse or former spouse who previously 
              transferred annuity to dependent children..........   663
            Repeal of requirement of reduction of SBP survivor 
              annuities by Dependency and Indemnity Compensation.   663
            Election to receive retired pay for non-regular 
              service upon retirement for service in an active 
              reserve status performed after attaining 
              eligibility for regular retirement.................   663
            Recomputation of retired pay and adjustment of 
              retired grade of Reserve retirees to reflect 
              service after retirement...........................   664
            Presumption of death for participants in Survivor 
              Benefit Plan in missing status.....................   664
            Eligibility for disability retired pay and separation 
              pay of certain former cadets and midshipmen with 
              prior enlisted service.............................   664
            Separation pay, transitional health care, and 
              transitional commissary and exchange benefits for 
              members of the armed forces separated under 
              surviving son or daughter policy...................   664
            Requirements for private operation of commissary 
              store functions....................................   665
            Additional exception to limitation on use of 
              appropriated funds for Department of Defense golf 
              courses............................................   665
            Use of appropriated funds to pay post allowance or 
              overseas cost of living allowances to 
              nonapropriated fund instrumentality employees 
              serving overseas...................................   665
            Study regarding sale of alcoholic wine and beer in 
              commissary stores in addition to exchange stores...   666
            Bonus to encourage Army personnel and other persons 
              to refer persons for enlistment in the Army........   666
            Providing injured members of the armed forces 
              information concerning benefits....................   666
            Postal benefits program for members of the armed 
              forces serving in Iraq or Afghanistan..............   666
Title VII--Health Care and Wounded Warrior Provisions............   667
        Subtitle A--Improvements to Health Benefits..............   667
            One-year extension of prohibition on increases in 
              certain health care costs for members of the 
              uniformed services (sec. 701)......................   667
            Temporary prohibition on increase in copayments under 
              retail pharmacy system of pharmacy benefits program 
              (sec. 702).........................................   667
            Chiropractic health care for members on active duty 
              (sec. 703).........................................   667
            Calculation of monthly premiums for coverage under 
              TRICARE Reserve Select after 2008 (sec. 704).......   667
            Program for health care delivery at military 
              installations projected to grow (sec. 705).........   668
            Guidelines for combined medical facilities of the 
              Department of Defense and the Department of 
              Veterans Affairs (sec. 706)........................   668
        Subtitle B--Preventive Care..............................   669
            Waiver of copayments for preventive services for 
              certain TRICARE beneficiaries (sec. 711)...........   669
            Military health risk management demonstration project 
              (sec. 712).........................................   669
            Smoking cessation program under TRICARE (sec. 713)...   669
            Preventive health allowance (sec. 714)...............   670
            Additional authority for studies and demonstration 
              projects relating to delivery of health and medical 
              care (sec. 715)....................................   670
        Subtitle C--Wounded Warrior Matters......................   671
            Center of excellence in prevention, diagnosis, 
              mitigation, treatment, and rehabilitation of 
              hearing loss and auditory system injuries (sec. 
              721)...............................................   671
            Clarification to center of excellence relating to 
              military eye injuries (sec. 722)...................   671
            Center of excellence in the mitigation, treatment, 
              and rehabilitation of traumatic extremity injuries 
              and amputations (sec. 723).........................   671
            Additional responsibilities for the Wounded Warrior 
              Resource Center (sec. 724).........................   672
            Sense of Congress on research on traumatic brain 
              injury (sec. 725)..................................   672
            Extension of Senior Oversight Committee with respect 
              to wounded warrior matters (sec. 726)..............   672
            Modification of utilization of veterans' presumption 
              of sound condition in establishing eligibility of 
              members of the armed forces for retirement for 
              disability (sec. 727)..............................   673
        Subtitle D--Other Matters................................   673
            Report on providing the Extended Care Health Option 
              program to dependents of military retirees (sec. 
              731)...............................................   673
            Increase in cap on extended benefits under Extended 
              Health Care Option (ECHO) (sec. 732)...............   673
            Department of Defense task force on the prevention of 
              suicides by members of the armed forces (sec. 733).   674
            Transitional health care for certain members of the 
              armed forces who agree to serve in the Selected 
              Reserve of the Ready Reserve (sec. 734)............   674
            Enhancement of medical and dental readiness of 
              members of the armed forces (sec. 735).............   674
    Legislative Provisions Not Adopted...........................   675
            Prohibition on conversion of military medical and 
              dental positions to civilian medical and dental 
              positions..........................................   675
            Reserve component behavioral health care provider 
              locator and appointment assistance demonstration 
              project............................................   676
            Travel for anesthesia services for childbirth for 
              dependents of members assigned to very remote 
              locations outside the continental United States....   676
            National Casualty Care Research Center...............   676
            Review of policies and processes related to the 
              delivery of mail to wounded members of the armed 
              forces.............................................   676
            Post-deployment mental health screening demonstration 
              project............................................   677
            Report on stipend for members of reserve components 
              for health care for certain dependents.............   677
            Report on implementation of recommendations contained 
              in report on health effects of exposure to depleted 
              uranium............................................   677
            Implementation of recommendations of Department of 
              Defense Mental health Task Force...................   677
            Inclusion of service members in inpatient status in 
              wounded warrior policies and protections...........   677
            Clarification of certain information sharing between 
              the Department of Defense and Department of 
              Veterans Affairs for wounded warrior purposes......   678
Title VIII--Acquisition Policy, Acquisition Management, and 
  Related Matters................................................   678
        Subtitle A--Acquisition Policy and Management............   678
            Assessment of urgent operational needs fulfillment 
              (sec. 801).........................................   678
            Implementation of statutory requirements regarding 
              the national technology and industrial base (sec. 
              802)...............................................   678
            Commercial software reuse preference (sec. 803)......   678
            Internal controls for procurements on behalf of the 
              Department of Defense by certain non-defense 
              agencies (sec. 804)................................   679
        Subtitle B--Provisions Relating to Major Defense 
          Acquisition Programs...................................   679
            Inclusion of major subprograms to major defense 
              acquisition programs under acquisition reporting 
              requirements (sec. 811)............................   679
            Inclusion of certain major information technology 
              investments in acquisition oversight authorities 
              for major automated information system programs 
              (sec. 812).........................................   679
            Transfer of sections of title 10 relating to 
              milestone A and milestone B for clarity (sec. 813).   679
            Configuration Steering Boards for cost control under 
              major defense acquisition programs (sec. 814)......   680
            Preservation of tooling for major defense acquisition 
              programs (sec. 815)................................   680
        Subtitle C--Amendments to General Contracting 
          Authorities, Procedures, and Limitations...............   680
            Definition of system for defense acquisition 
              challenge program (sec. 821).......................   680
            Technical data rights (sec. 822).....................   680
            Revision to the application of cost accounting 
              standards (sec. 823)...............................   680
            Modification and extension of pilot program for 
              transition to follow-on contracts under authority 
              to carry out certain prototype projects (sec. 824).   681
            Clarification of status of Government rights in 
              designs of Department of Defense vessels, boats, 
              craft, and components thereof (sec. 825)...........   681
        Subtitle D--Provisions Relating to Acquisition Workforce 
          and Inherently Governmental Functions..................   681
            Development of guidance on personal services 
              contracts (sec. 831)...............................   681
            Sense of Congress on the performance by private 
              security contractors of certain functions in an 
              area of combat operations (sec. 832)...............   681
            Acquisition workforce expedited hiring authority 
              (sec. 833).........................................   682
            Career path and other requirements for military 
              personnel in the acquisition field (sec. 834)......   682
        Subtitle E--Department of Defense Contractor Matters.....   682
            Ethics safeguards related to conflicts of interest 
              (sec. 841).........................................   682
            Information for Department of Defense contractor 
              employees on their whistleblower rights (sec. 842).   683
            Requirement for Department of Defense to adopt an 
              acquisition strategy for Defense Base Act insurance 
              (sec. 843).........................................   683
            Report on use of off-shore subsidiaries by defense 
              contractors (sec. 844).............................   683
            Defense industrial security (sec. 845)...............   684
        Subtitle F--Matters Relating to Iraq and Afghanistan.....   684
            Clarification and modification of authorities 
              relating to the Commission on Wartime Contracting 
              in Iraq and Afghanistan (sec. 851).................   684
            Comprehensive audit of spare parts purchases and 
              depot overhaul and maintenance of equipment for 
              operations in Iraq and Afghanistan (sec. 852)......   684
            Additional matters required to be reported by 
              contractors performing security functions in areas 
              of combat operations (sec. 853)....................   684
            Additional contractor requirements and 
              responsibilities personnel in Iraq and Afghanistan 
              (sec. 854).........................................   685
            Suspension of statutes of limitations when Congress 
              authorizes the use of military force (sec. 855)....   685
        Subtitle G--Governmentwide Acquisition Improvements......   685
            Short title (sec. 861)...............................   685
            Limitation on length of certain noncompetitive 
              contracts (sec. 862)...............................   685
            Requirements for purchase of property and services 
              pursuant to multiple award contracts (sec. 863)....   685
            Regulations on the use of cost-reimbursement 
              contracts (sec. 864)...............................   686
            Preventing the abuse of interagency contracts (sec. 
              865)...............................................   686
            Limitations on tiering of subcontractors (sec. 866)..   686
            Linking of award and incentive fees to acquisition 
              outcomes (sec. 867)................................   686
            Minimizing abuse of commercial services item 
              authority (sec. 868)...............................   686
            Acquisition workforce development strategic plan 
              (sec. 869).........................................   687
            Contingency contracting corps (sec. 870).............   687
            Access of Government Accountability Office to 
              contractor employees (sec. 871)....................   687
            Database for federal agency contract and grant 
              officers and suspension and debarment officials 
              (sec. 872).........................................   687
            Role of interagency committee on debarment and 
              suspension (sec. 873)..............................   688
            Improvements to the Federal Procurement Data System 
              (sec. 874).........................................   688
        Subtitle H--Other Matters................................   688
            Expansion of authority to retain fees from licensing 
              of intellectual property (sec. 881)................   688
            Report on market research (sec. 882).................   688
            Report relating to munitions (sec. 883)..............   688
            Motor carrier fuel surcharges (sec. 884).............   689
            Procurement by State and local governments of 
              equipment for homeland security and emergency 
              response activities through the Department of 
              Defense (sec. 885).................................   689
            Review of impact of covered subsidies on acquisition 
              of KC-45 aircraft (sec. 886).......................   689
            Report on the implementation of earned value 
              management at the Department of Defense (sec. 887).   689
    Legislative Provisions Not Adopted...........................   690
            Authorization of appropriations......................   690
            Authorization of independent agencies................   690
            Comprehensive proposal analysis required during 
              source selection...................................   690
            Disclosure of CEO salaries...........................   690
            Limitation on performance of product support 
              integrator functions...............................   690
            Mandatory fraud reporting............................   690
            Minimizing sole-source contracts.....................   691
            Multiyear procurement authority for the Department of 
              Defense for the purchase of alternative and 
              synthetic fuels....................................   691
            Prohibition on procurement from beneficiaries of 
              foreign subsidies..................................   691
            Prohibitions on the use of lead systems integrators..   691
            Protection of contractor employees from reprisal for 
              disclosure of certain information..................   691
            Repeal of requirements relating to the military 
              system essential item breakout list................   691
            Requirement to buy military decorations, ribbons, 
              badges, medals, insignia, and other uniform 
              accoutrements produced in the United States........   692
Title IX--Department of Defense Organization and Management......   692
        Subtitle A--Department of Defense Management.............   692
            Plan required for personnel management of special 
              operations forces (sec. 901).......................   692
            Director of Operational Energy Plans and Programs 
              (sec. 902).........................................   692
            Corrosion control and prevention executives for the 
              military departments (sec. 903)....................   693
            Participation of Deputy Chief Management Officer of 
              the Department of Defense on Defense Business 
              System Management Committee (sec. 904).............   693
            Modification of status of Assistant to the Secretary 
              of Defense for Nuclear and Chemical and Biological 
              Defense Programs (sec. 905)........................   693
            Requirement for the Secretary of Defense to prepare a 
              strategic plan to enhance the role of the National 
              Guard and Reserves (sec. 906)......................   693
            General Counsel to the Inspector General of the 
              Department of Defense (sec. 907)...................   693
            Business transportation initiatives for the military 
              departments (sec. 908).............................   694
        Subtitle B--Space Activities.............................   694
            Extension of authority for pilot program for 
              provision of space surveillance network services to 
              entities outside United States Government (sec. 
              911)...............................................   694
            Investment and acquisition strategy for commercial 
              satellite capabilities (sec. 912)..................   694
            Space posture review (sec. 913)......................   694
        Subtitle C--Chemical Demilitarization Program............   695
            Responsibilities for Chemical Demilitarization 
              Citizens' Advisory Commissions in Colorado and 
              Kentucky (sec. 921)................................   695
            Cost-benefit analysis of future treatment of 
              hydrolysate at Pueblo Chemical Depot, Colorado 
              (sec. 922).........................................   695
        Subtitle D--Intelligence-Related Matters.................   695
            Technical changes following the re-designation of 
              National Imagery and Mapping Agency as National 
              Geospatial-Intelligence Agency (sec. 931)..........   695
            Technical amendments to title 10, United States Code, 
              arising from enactment of the Intelligence Reform 
              and Terrorism Prevention Act of 2004 (sec. 932)....   695
            Technical amendments relating to the Associate 
              Director of the CIA for Military Affairs (sec. 933)   696
        Subtitle E--Other Matters................................   696
            Enhancement of authorities relating to Department of 
              Defense regional centers for security studies (sec. 
              941)...............................................   696
            Restriction on obligation of funds for United States 
              Southern Command development assistance activities 
              (sec. 942).........................................   696
            Authorization of non-conventional assisted recovery 
              capabilities (sec. 943)............................   696
            Report on homeland defense and civil support issues 
              (sec. 944).........................................   697
            Report on national Guard resource requirements (sec. 
              945)...............................................   697
    Legislative Provisions Not Adopted...........................   698
            Revisions in functions and activities of Special 
              Operations Command.................................   698
            Requirement to designate officials for irregular 
              warfare............................................   698
            Redesignation of the Department of the Navy as the 
              Department of the Navy and Marine Corps............   698
            Support to committee to review.......................   698
            Requirement for certain officers of the armed forces 
              on active duty in certain intelligence positions...   699
            Transfer of management of Intelligence Systems 
              Support Office.....................................   699
            Program on advanced sensor applications..............   699
            Findings and sense of Congress regarding the Western 
              Hemisphere Institute for Security Cooperation......   699
Title X--General Provisions......................................   700
        Subtitle A--Financial Matters............................   700
            General Transfer authority (sec. 1001)...............   700
            One-time shift of military retirement payments (sec. 
              1002)..............................................   700
            Management of purchase cards (sec. 1003).............   700
            Codification of recurring authority on United States 
              contributions to the North Atlantic Treaty 
              Organization common-funded budgets (sec. 1004).....   700
            Incorporation of funding decisions into law (sec. 
              1005)..............................................   701
        Subtitle B--Policy Relating to Vessels and Shipyards.....   701
            Conveyance, Navy drydock, Aransas Pass, Texas (sec. 
              1011)..............................................   701
            Report on repair of naval vessels in foreign 
              shipyards (sec. 1012)..............................   701
            Report on plan for disposal of certain vessels 
              stricken from the Naval Vessel Register (sec. 1013)   702
            Reimbursement of expenses for certain Navy mess 
              operations (sec. 1014).............................   702
            Policy relating to major combatant vessels of the 
              strike forces of the United States Navy (sec. 1015)   702
        Subtitle C--Counter-Drug Activities......................   702
            Extension of reporting requirement regarding 
              Department of Defense expenditures to support 
              foreign counter-drug activities (sec. 1021)........   702
            Extension of authority for joint task forces to 
              provide support to law enforcement agencies 
              conducting counter-terrorism activities (sec. 1022.   703
            Extension of authority to support unified counter-
              drug and counter-terrorism campaign in Colombia and 
              continuation of numerical limitation on assignment 
              of United States personnel (sec. 1023).............   703
            Expansion and extension of authority to provide 
              additional support for counter-drug activities of 
              certain foreign governments (sec. 1024)............   703
            Comprehensive Department of Defense strategy for 
              counter-narcotics efforts for United States Africa 
              Command (sec. 1025)................................   704
            Comprehensive Department of Defense strategy for 
              counter-narcotics efforts in South and Central 
              Asian regions (sec. 1026)..........................   704
        Subtitle D--Miscellaneous Authorities and Limitations....   704
            Enhancement of the capacity of the United States 
              Government to conduct complex operations (sec. 
              1031)..............................................   704
            Crediting of admiralty claim receipts for damage to 
              property funded from a Department of defense 
              working capital fund (sec. 1032)...................   704
            Minimum annual purchase requirement for charter air 
              transportation services from carriers participating 
              in the Civil Reserve Air Fleet (sec. 1033).........   705
            Semi-annual reports on status of Navy next Generation 
              Enterprise Networks (NGEN) program (sec. 1034).....   705
            Sense of Congress on nuclear weapons management (sec. 
              1035)..............................................   705
            Sense of Congress on joint Department of Defense-
              Federal Aviation Administration executive committee 
              on conflict and dispute resolution (sec. 1036).....   706
            Sense of Congress on sale of new outsize cargo, 
              strategic airlift aircraft for civilian use (sec. 
              1037)..............................................   706
        Subtitle E--Studies and Reports..........................   706
            Report on corrosion control and prevention (sec. 
              1041)..............................................   706
            Study on using Modular Airborne Fire Fighting Systems 
              (MAFFS) in a Federal response to wildfires (sec. 
              1042)..............................................   707
            Study on rotorcraft survivability (sec. 1043)........   707
            Report on nuclear weapons (sec. 1044)................   707
            Report on compliance by Department of Defense with 
              Guam tax and licensing laws (sec. 1045)............   708
            Report on detention operations in Iraq (sec. 1046)...   708
            Review of bandwidth capacity requirements of the 
              Department of Defense and the intelligence 
              community (sec. 1047)..............................   708
            Review of findings and recommendations applicable to 
              the Department of Defense regarding electromagnetic 
              pulse attack (sec. 1048)...........................   709
        Subtitle F--Other Matters................................   709
            Additional information under annual submissions of 
              information regarding information technology 
              capital assets (sec. 1051).........................   709
            Submission to Congress of revision to regulation on 
              enemy prisoners of war, retained personnel, 
              civilian internees, and other detainees (sec. 1052)   709
            Barnegat Inlet to Little Egg Inlet, New Jersey (sec. 
              1053)..............................................   710
            Standing advisory panel on improving coordination 
              among the Department of Defense, the Department of 
              State, and the United States Agency for 
              International Development on matters of national 
              security (sec. 1054)...............................   710
            Reports on strategic communication and public 
              diplomacy activities of the Federal Government 
              (sec. 1055)........................................   710
            Prohibitions relating to propaganda (sec. 1056)......   711
            Sense of Congress on interrogation of detainees by 
              contractor personnel (sec. 1057)...................   711
            Sense of Congress with respect to videotaping or 
              otherwise electronically recording strategic 
              intelligence interrogations of persons in the 
              custody of or under the effective control of the 
              Department of Defense (sec. 1058)..................   711
            Modification of deadlines for standards required for 
              entry to military installations in the United 
              States (sec. 1059).................................   711
            Extension of certain dates for Congressional 
              Commission on the Strategic Posture of the United 
              States (sec. 1060).................................   712
            Technical and clarifying amendments (sec. 1061)......   712
            Notification of Committees on Armed Services with 
              respect to certain non-proliferation and 
              proliferation activities (sec. 1062)...............   712
            Assessment of security measures at consolidated 
              center for North American Aerospace Defense Command 
              and United States Northern Command (sec. 1073).....   712
    Legislative Provisions Not Adopted...........................   713
            Strategic Communication Management Board.............   713
            Studies to analyze alternative models for acquisition 
              and funding of interconnected cyberspace systems...   713
            Study on national defense implications of section 
              1083...............................................   713
            Study on methods to verifiably reduce the likelihood 
              of accidental nuclear launch.......................   713
            Sense of Congress honoring the Honorable Duncan 
              Hunter.............................................   714
            Sense of Congress in honor of the Honorable Jim 
              Saxton, a Member of the House of Representatives...   714
            Sense of Congress honoring the Honorable Terry 
              Everett, a Member of the House of Representatives..   714
            Sense of Congress honoring the Honorable Jo Ann 
              Davis, a Member of the House of Representatives....   714
            Authorization of appropriations for payments to 
              Portuguese nationals employed by the Department of 
              Defense............................................   714
            State defense force improvement......................   714
            Sense of Congress regarding the roles and missions of 
              the Department of Defense and other national 
              security institutions..............................   715
            Sense of Congress relating to 2008 supplemental 
              appropriations.....................................   715
            Sense of Congress regarding defense requirements of 
              the United States..................................   715
            Non-applicability of the Federal Advisory Committee 
              Act to the Congressional Commission on the 
              Strategic Posture of the United States.............   715
            Study and report on the use of power management 
              software...........................................   715
            Public disclosure of names of students and 
              instructors at Western Hemisphere Institute for 
              Security Cooperation...............................   716
Title XI--Civilian Personnel Matters.............................   716
            Authority to waive annual limitation on premium pay 
              and aggregate limitation on pay for federal 
              civilian employees working overseas (sec. 1101)....   716
            Temporary discretionary authority to grant 
              allowances, benefits, and gratuities to personnel 
              on official duty in a combat zone (sec. 1102)......   716
            Election of insurance coverage by federal civilian 
              employees deployed in support of a contingency 
              operation (sec. 1103)..............................   717
            Extension of authority to make lump-sum severance 
              payments (sec. 1104)...............................   717
            Extension of voluntary reduction-in-force authority 
              of Department of Defense (sec. 1105)...............   717
            Enhancement of authorities relating to additional 
              positions under the National Security Personnel 
              System (sec. 1106).................................   717
            Expedited hiring authority for health care 
              professionals (sec. 1107)..........................   718
            Direct hire authority at personnel demonstration 
              laboratories for certain candidates (sec. 1108)....   718
            Status reports relating to laboratory personnel 
              demonstration projects (sec. 1109).................   718
            Technical amendment relating to definition of 
              professional accounting position for purposes of 
              certification and credentialing standards (sec. 
              1110)..............................................   719
            Exceptions and adjustments to limitations on 
              personnel and reports on such exceptions and 
              adjustments (sec. 1111)............................   719
    Legislative Provisions Not Adopted...........................   719
            Department of Defense strategic human capital plans..   719
            Conditional increase in authorized number of Defense 
              Intelligence Senior Executive Service personnel....   719
            Requirement relating to furloughs during the time of 
              a contingency operation............................   719
Title XII--Matters Relating to Foreign Nations...................   720
        Subtitle A--Assistance and Training......................   720
            Extension of authority to build the capacity of the 
              Pakistan Frontier Corps (sec. 1201)................   720
            Availability across fiscal years of funds for 
              military-to-military contacts and comparable 
              activities (sec. 1202).............................   720
            Availability across fiscal years of funds to pay 
              incremental expenses for participation of 
              developing counties in combined exercises (sec. 
              1203)..............................................   720
            Extension of temporary authority to use acquisition 
              and cross-servicing agreements to lend military 
              equipment for personnel protection and 
              survivability (sec. 1204)..........................   720
            Authority for distribution to certain foreign 
              personnel of education and training materials and 
              information technology tot enhance military 
              interoperability with the armed forces (sec. 1205).   721
            Modification and extension of authorities relating to 
              program to build the capacity of foreign military 
              forces (sec. 1206).................................   721
            Extension of authority and increased funding for 
              security and stabilization assistance (sec. 1207)..   722
            Extension and expansion of authority for support of 
              special operations to combat terrorism (sec. 1208).   723
            Increase in amount available for costs of education 
              and training of foreign military forces under 
              Regional Defense Combating Terrorism Fellowship 
              Program (sec. 1209)................................   723
        Subtitle B--Matters Relating to Iraq and Afghanistan.....   723
            Limitation on availability of funds for certain 
              purposes relating to Iraq (sec. 1211)..............   723
            Report on status of forces agreements between the 
              United States and Iraq (sec. 1212).................   723
            Strategy for United States-led Provincial 
              Reconstruction Teams in Iraq (sec. 1213)...........   724
            Commanders' Emergency Response Program (sec. 1214)...   724
            Performance monitoring system for United States-led 
              Provincial Reconstruction Teams in Afghanistan 
              (sec. 1215)........................................   725
            Report on command and control structure for military 
              forces operating in Afghanistan (sec. 1216)........   725
            Reports on enhancing security and stability in the 
              region along the border of Afghanistan and Pakistan 
              (sec. 1217)........................................   725
            Study and report on Police Transition Teams to train, 
              assist, and advise units of the Iraqi Police 
              Service (sec. 1218)................................   726
        Subtitle C--Other Matters................................   726
            Payment of personnel expenses for multilateral 
              cooperation programs (sec. 1231)...................   726
            Participation of the Department of Defense in 
              multinational military centers of excellence (sec. 
              1232)..............................................   727
            Review of security risks of participation by defense 
              contractors in certain space activities of the 
              People's Republic of China (sec. 1233).............   727
            Report on Iran's capability to produce nuclear 
              weapons (sec. 1234)................................   728
            Employment for resettled Iraqis (sec. 1235)..........   728
            Extension and modification of updates on report on 
              claims relating to the bombing of the Labelle 
              Discotheque (sec. 1236)............................   728
            Report on utilization of certain global partnership 
              authorities (sec. 1237)............................   729
            Modification and repeal of requirement to submit 
              certain annual reports to Congress regarding allied 
              contributions to the common defense (sec. 1238)....   729
    Legislative Provisions Not Adopted...........................   729
            Declaration of policy relating to status of forces 
              agreements between the United States and Iraq......   729
            Limitation on certain status of forces agreements 
              between the United States and Iraq.................   730
            Report on long-term costs of Operation Iraqi Freedom 
              and Operation Enduring Freedom.....................   730
            Waiver of certain sanctions against North Korea......   730
Title XIII--Cooperative Threat Reduction with States of the 
  Former Soviet Union............................................   731
            Specification of Cooperative Threat Reduction 
              programs and funds (sec. 1301).....................   731
            Funding allocations (sec. 1302)......................   731
Title XIV--Other Authorizations..................................   731
        Subtitle A--Military Programs............................   736
            Working capital funds (sec. 1401)....................   736
            National Defense Sealift Fund (sec. 1402)............   736
            Defense Health Program (sec. 1403)...................   736
            Chemical agents and munitions destruction, Defense 
              (sec. 1404)........................................   736
            Drug Interdiction and Counterdrug Activities, 
              Defense-wide (sec. 1405)...........................   736
            Defense Inspector General (sec. 1406)................   736
            National Defense Sealift Fund amendments (sec. 1407).   736
        Subtitle B--National Defense Stockpile...................   737
            Authorized uses of National Defense Stockpile funds 
              (sec. 1411)........................................   737
            Revisions to previously authorized disposals from the 
              National Defense Stockpile (sec. 1412).............   737
        Subtitle C--Armed Forces Retirement Home.................   737
            Authorization of appropriations for Armed Forces 
              Retirement Home (sec. 1421)........................   737
Title XV--Authorization of Additional Appropriations for 
  Operation Iraqi Freedom and Operation Enduring Freedom.........   738
    Legislative Provisions Adopted...............................   738
            Authorization of additional appropriations for 
              operations in Afghanistan and Iraq for fiscal year 
              2009 (sec. 1501)...................................   738
            Requirement for separate display of budgets for 
              Afghanistan and Iraq (sec. 1502)...................   738
            Joint improvised explosive device defeat fund (sec. 
              1503)..............................................   738
            Science & technology investment strategy to defeat or 
              counter improvised explosive devices (sec. 1504)...   739
            Limitation on Iraq Security Forces Fund (sec. 1505)..   740
            Limitations on Afghanistan Security Forces Fund (sec. 
              1506)..............................................   740
            Special transfer authority (sec. 1507)...............   740
            Prohibition on use of United States funds for certain 
              facilities projects in Iraq and contributions by 
              Iraq to combined operations and other activities in 
              Iraq (sec. 1508)...................................   740
    Legislative Provisions Not Adopted...........................   741
            Limitation on use of funds...........................   741
            Treatment as additional authorizations...............   741
            Limitation on use of funds...........................   741
Title XVI--Reconstruction and Stabilization Civilian Management..   741
    Legislative Provisions Adopted...............................   741
            Short title (sec. 1601)..............................   741
            Findings (sec. 1602).................................   742
            Definitions (sec. 1603)..............................   742
            Authority to provide assistance for reconstruction 
              and stabilization crises (sec. 1604)...............   742
            Reconstruction and stabilization (sec. 1605).........   742
            Authorities related to personnel (sec. 1606).........   743
            Reconstruction and Stabilization Strategy (sec. 1607)   743
            Annual reports to Congress (sec. 1608)...............   743
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS.................   743
    Legislative Provisions Adopted...............................   762
            Short title (sec. 2001)..............................   762
            Expiration of authorizations and amounts required to 
              be specified by law (sec. 2002)....................   762
            Effective date (sec. 2003)...........................   762
Title XXI--Army..................................................   762
    Legislative Provisions Adopted...............................   762
            Authorized Army construction and land acquisition 
              projects (sec. 2101)...............................   762
            Family housing (sec. 2102)...........................   762
            Improvements to military family housing units (sec. 
              2103)..............................................   763
            Authorization of appropriations, Army (sec. 2104)....   763
            Modification of authority to carry out certain fiscal 
              year 2008 projects (sec. 2105).....................   763
            Modification of authority to carry out certain fiscal 
              year 2007 projects (sec. 2106).....................   763
            Extension of authorizations of certain fiscal year 
              2006 projects (sec. 2107)..........................   763
            Extension of authorizations of certain fiscal year 
              2005 project (sec. 2108)...........................   763
Title XXII--Navy.................................................   764
    Legislative Provisions Adopted...............................   764
            Authorized Navy construction and land acquisition 
              projects (sec. 2201)...............................   764
            Family housing (sec. 2202)...........................   764
            Improvements to military family housing units (sec. 
              2203)..............................................   764
            Authorization of appropriations, Navy (sec. 2204)....   764
            Modification of authority to carry out certain fiscal 
              year 2005 project (sec. 2205)......................   764
            Modification of authority to carry out certain fiscal 
              year 2007 projects (sec. 2206).....................   765
    Legislative Provisions Not Adopted...........................   765
            Report on impacts of surface ship homeporting 
              alternatives.......................................   765
Title XXIII--Air Force...........................................   765
    Legislative Provisions Adopted...............................   765
            Authorized Air Force construction and land 
              acquisition projects (sec. 2301)...................   765
            Family housing (sec. 2302)...........................   765
            Improvements to military family housing units (sec. 
              2303)..............................................   765
            Authorization of appropriations, Air Force (sec. 
              2304)..............................................   766
            Extension of authorizations of certain fiscal year 
              2006 projects (sec. 2305)..........................   766
            Extension of authorizations of certain fiscal year 
              2005 projects (sec. 2306)..........................   766
Title XXIV--Defense Agencies.....................................   766
        Subtitle A--Defense Agency Authorizations................   766
            Authorized defense agencies construction and land 
              acquisition projects (sec. 2401)...................   766
            Energy conservation projects (sec. 2402).............   766
            Authorization of appropriations, defense agencies 
              (sec. 2403)........................................   767
            Modification of authority to carry out certain fiscal 
              year 2007 projects (sec. 2404).....................   767
            Modification of authority to carry out certain fiscal 
              year 2005 projects (sec. 2405).....................   767
            Extension of authorization of certain fiscal year 
              2006 project (sec. 2406)...........................   767
        Subtitle B--Chemical Demilitarization Authorizations.....   767
            Authorized chemical demilitarization program 
              construction and land acquisition projects (sec. 
              2411)..............................................   767
            Authorization of appropriations, chemical 
              demilitarization construction, defense-wide (sec. 
              2412)..............................................   768
            Modification of authority to carry out certain fiscal 
              year 1997 project (sec. 2413)......................   768
            Modification of authority to carry out certain fiscal 
              year 2000 project (sec. 2414)......................   768
Title XXV--North Atlantic Treaty Organization Security Investment 
  Program........................................................   768
    Legislative Provisions Adopted...............................   768
            Authorized NATO construction and land acquisition 
              projects (sec. 2501)...............................   768
            Authorization of appropriations, NATO (sec. 2502)....   768
Title XXVI--Guard and Reserve Forces Facilities..................   769
    Legislative Provisions Adopted...............................   769
            Authorized Army National Guard construction and land 
              acquisition projects (sec. 2601)...................   769
            Authorized Army Reserve construction and land 
              acquisition projects (sec. 2602)...................   769
            Authorized Navy Reserve and Marine Corps Reserve 
              construction and land acquisition projects (sec. 
              2603)..............................................   769
            Authorized Air National Guard construction and land 
              acquisition projects (sec. 2604)...................   769
            Authorized Air Force Reserve construction and land 
              acquisition projects (sec. 2605)...................   770
            Authorization of appropriations, National Guard and 
              Reserve (sec. 2606)................................   770
            Modification of authority to carry out certain fiscal 
              year 2008 project (sec. 2607)......................   770
            Extension of authorizations of certain fiscal year 
              2006 projects (sec. 2608)..........................   770
            Extension of authorization of certain fiscal year 
              2005 project (sec. 2609)...........................   770
Title XXVII--Base Closure and Realignment Activities.............   770
        Subtitle A--Authorizations...............................   779
            Authorization of appropriations for base closure and 
              realignment activities funded through Department of 
              Defense base closure account 1990 (sec. 2701)......   779
            Authorized base closure and realignment activities 
              funded through Department of Defense base closure 
              account 2005 (sec. 2702)...........................   779
            Authorization of appropriations for base closure and 
              realignment activities funded through Department of 
              Defense base closure account 2005 (sec. 2703)......   779
        Subtitle B--Amendments to Base Closure and Related Laws..   779
            Modification of annual base closure and realignment 
              reporting requirements (sec. 2711).................   779
            Technical corrections regarding authorized cost and 
              scope of work variations for military construction 
              and military family housing projects related to 
              base closures and realignments (sec. 2712).........   780
        Subtitle C--Other Matters................................   780
            Independent design review of National Naval Medical 
              Center and military hospital at Fort Belvoir (sec. 
              2721)..............................................   780
            Report on use of BRAC properties as sites for 
              refineries or nuclear power plants (sec. 2722).....   780
    Legislative Provision Not Adopted............................   780
            Repeal of commission approach for development of 
              recommendations in any future round of base 
              closures and realignments..........................   780
Title XXVIII--Military Construction General Provisions...........   781
        Subtitle A--Military Construction Program and Military 
          Family Housing Changes.................................   781
            Incorporation of principles of sustainable design in 
              documents submitted as part of proposed military 
              construction projects (sec. 2801)..................   781
            Revision of maximum lease amount applicable to 
              certain domestic Army family housing leases to 
              reflect previously made annual adjustments in 
              amount (sec. 2802).................................   781
            Use of military family housing constructed under 
              build and lease authority to house members without 
              dependents (sec. 2803).............................   781
            Leasing of military family housing to Secretary of 
              Defense (sec. 2804)................................   781
            Improved oversight and accountability for military 
              housing privatization initiative projects (sec. 
              2805)..............................................   781
            Authority to use operation and maintenance funds for 
              construction projects inside the United States 
              Central Command and United States Africa Command 
              areas of responsibility (sec. 2806)................   782
            Cost-benefit analysis of dissolution of Patrick 
              Family Housing LLC (sec. 2807).....................   782
        Subtitle B--Real Property and Facilities Administration..   783
            Clarification of congressional reporting requirements 
              for certain real property transactions (sec. 2811).   783
            Authority to lease non-excess property of military 
              departments and Defense Agencies (sec. 2812).......   783
            Modification of utility system conveyance authority 
              (sec. 2813)........................................   783
            Defense access roads (sec. 2814).....................   783
            Report on application of force protection and anti-
              terrorism standards to gates and entry points on 
              military installations (sec. 2815).................   784
        Subtitle C--Provisions Related to Guam Realignment.......   784
            Sense of Congress regarding military housing and 
              utilities related to Guam realignment (sec. 2821)..   784
            Federal assistance to Guam (sec. 2822)...............   785
            Eligibility of the Commonwealth of the Northern 
              Mariana Islands for military base reuse studies and 
              community planning assistance (sec. 2823)..........   785
            Support for realignment of military installations and 
              relocation of military personnel on Guam (sec. 
              2824)..............................................   785
        Subtitle D--Energy Security..............................   785
            Certification of enhanced use leases for energy-
              related projects (sec. 2831).......................   785
            Annual report on Department of Defense installations 
              energy management (sec. 2832)......................   786
        Subtitle E--Land Conveyances.............................   786
            Land conveyance, former Naval Air Station, Alameda, 
              California (sec. 2841).............................   786
            Transfer of administrative jurisdiction, 
              decommissioned Naval Security Group Activity, 
              Skaggs Island, California (sec. 2842)..............   786
            Transfer of proceeds from property conveyance, Marine 
              Corps Logistics Base, Albany, Georgia (sec. 2843)..   787
            Land conveyance, Sergeant First Class M.L. Downs Army 
              Reserve Center, Springfield, Ohio (sec. 2844)......   787
            Land conveyance, John Sevier Range, Knox county, 
              Tennessee (sec. 2845)..............................   787
            Land conveyance, Army property, Camp Williams, Utah 
              (sec. 2846)........................................   787
            Extension of Potomac Heritage National Scenic Trail 
              through Fort Belvoir, Virginia (sec. 2847).........   787
        Subtitle F--Other Matters................................   788
            Revised deadline for transfer of Arlington Naval 
              Annex to Arlington National Cemetery (sec. 2851)...   788
            Acceptance and use of gifts for construction of 
              additional building at National Museum of the 
              United States Air Force, Wright-Patterson Air Force 
              Base (sec. 2852)...................................   788
            Lease involving pier on Ford Island, Pearl Harbor 
              Naval Base, Hawaii (sec. 2853).....................   788
            Use of runway at NASJRB Willow Grove, Pennsylvania 
              (sec. 2854)........................................   788
            Naming of health facility, Fort Rucker, Alabama (sec. 
              2855)..............................................   788
    Legislative Provisions Not Adopted...........................   789
            Increase in threshold for unspecified minor military 
              construction projects..............................   789
            Repeal of reporting requirement in connection with 
              installation vulnerability assessments.............   789
            Modification of land management restrictions 
              applicable to Utah national defense lands..........   789
            Permanent authority to purchase municipal services 
              for military installations.........................   789
            Protecting private property rights during Department 
              of Defense land acquisitions.......................   789
            Energy and environmental design initiatives in Guam 
              military construction and installations............   790
            Department of Defense Inspector General report 
              regarding Guam realignment.........................   790
            Prevailing wage applicable to Guam...................   790
            Expansion of authority of the military departments to 
              develop energy on military lands...................   790
            Land conveyance, Norwalk Defense Fuel Supply Point, 
              Norwalk, California................................   790
            Land conveyance, former Naval Station, Treasure 
              Island, California.................................   790
            Condition on lease involving Naval Air Station, 
              Barbers Point, Hawaii..............................   791
            Land conveyance, Bureau of Land Management land, Camp 
              Williams, Utah.....................................   791
            Decontamination and use of former bombardment area on 
              island of Culebra..................................   791
            Establishment of memorial to American Rangers at Fort 
              Belvoir, Virginia..................................   791
Title XXIX--War-Related and Emergency Military Construction 
  Authorizations.................................................   791
        Subtitle A--Fiscal Year 2008 Projects....................   795
            Authorized Army construction and land acquisition 
              projects (sec. 2901)...............................   795
            Authorized Navy construction and land acquisition 
              projects (sec. 2902)...............................   795
            Authorized Air Force construction and land 
              acquisition projects (sec. 2903)...................   795
            Authorized Defense Agencies construction and land 
              acquisition projects (sec. 2904)...................   795
            Termination of authority to carry out fiscal year 
              2008 Army projects (sec. 2905).....................   795
        Subtitle B--Fiscal Year 2009 Projects....................   796
            Authorized Army Construction and land acquisition 
              projects (sec. 2911)...............................   796
            Authorized Navy construction and land acquisition 
              projects (sec. 2912)...............................   796
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS 
  AND OTHER AUTHORIZATIONS.......................................   796
Title XXXI--Department of Energy National Security Programs......   796
        Subtitle A--National Security Programs Authorizations....   796
            Overview.............................................   796
    Legislative Provisions Adopted...............................   797
            National Nuclear Security Administration (sec. 3101).   818
            Defense environmental cleanup (sec. 3102)............   819
            Other defense activities (sec. 3103).................   820
            Defense nuclear waste disposal (sec. 3104)...........   820
            Energy security and assurance (sec. 3105)............   820
        Subtitle B--Program Authorizations, Restrictions, and 
          Limitations............................................   820
            Modification of functions of Administrator for 
              Nuclear Security to include elimination of surplus 
              fissile materials usable for nuclear weapons (sec. 
              3111)..............................................   820
            Limitation on funding for project 04-D-125 Chemistry 
              and Metallurgy Research Replacement facility 
              project, Los Alamos National Laboratory, Los 
              Alamos, New Mexico, (sec. 3112)....................   821
            Nonproliferation and national security scholarship 
              and fellowship program (sec. 3113).................   821
            Enhancing nuclear forensics capabilities (sec. 3114).   821
            Utilization of contributions to International Nuclear 
              Materials Protection and Cooperation program and 
              Russian plutonium Disposition program (sec. 3115)..   822
            Review of and reports on Global Initiatives for 
              Proliferation Prevention program (sec. 3116).......   823
            Limitation on availability of funds for Global 
              Nuclear Energy Partnership (sec. 3117).............   824
        Subtitle C--Reports......................................   824
            Extension of deadline for Comptroller General report 
              on Department of Energy protective force management 
              (sec. 3121)........................................   824
            Report on compliance with Design Basis Threat issued 
              by the Department of Energy in 2005 (sec. 3122)....   824
            Modification of submittal of reports on inadvertent 
              releases of restricted data (sec. 3123)............   825
Title XXXII--Defense Nuclear Facilities Safety Board.............   825
            Authorization (sec. 3201)............................   825
Title XXXIV--Naval Petroleum Reserves............................   825
            Authorization of appropriations (sec. 3401)..........   825
Title XXXV--Maritime Administration..............................   825
    Legislative Provisions Adopted...............................   825
            Authorization of appropriations for fiscal year 2009 
              (sec. 3501)........................................   825
            Limitation on export of vessels owned by the 
              Government of the United States for the purpose of 
              dismantling, recycling, or scrapping (sec. 3502)...   826
            Student incentive payment agreements (sec. 3503).....   826
            Riding gang member requirements (sec. 3504)..........   826
            Maintenance and repair reimbursement program for the 
              maritime security fleet (sec. 3505)................   826
            Temporary program authorizing contracts with adjunct 
              professors at the United States Merchant Marine 
              Academy (sec. 3506)................................   826
            Actions to address sexual harassment and violence at 
              the United States Merchant Marine Academy (sec. 
              3507)..............................................   827
            Assistance for small shipyards and maritime 
              communities (sec. 3508)............................   827
            Marine war risk insurance (sec. 3509)................   827
            MARAD consultation on Jones Act Waivers (sec. 3510)..   827
            Transportation in American vessels of government 
              personnel and certain cargoes (sec. 3511)..........   827
            Port of Guam improvement enterprise program (sec. 
              3512)..............................................   827
    [Note from the Director of Legislative Operations: The 
following text is the reconciled agreement between H.R. 5658 
and S. 3001, as passed by the House of Representatives on 
September 24, 2008, the Senate on September 27, 2008, and 
enrolled for the President's signature.]

                          S. 3001, as amended



                                 AN ACT

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

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

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

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

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

  (a) Divisions.--This Act is organized into three divisions as 
follows:
          (1) Division A--Department of Defense Authorizations.
          (2) Division B--Military Construction Authorizations.
          (3) Division C--Department of Energy National 
        Security Authorizations and Other Authorizations.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
Sec. 1. Short title; findings; sense of Congress.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Explanatory statement.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

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

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Missile Defense Programs

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

                           Subtitle D--Reports

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

                        Subtitle E--Other Matters

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

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

                       Subtitle D--Energy Security

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

                           Subtitle E--Reports

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

                        Subtitle F--Other Matters

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

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

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

                Subtitle B--Reserve Component Management

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

          Subtitle C--Joint Qualified Officers and Requirements

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

                 Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

                Subtitle F--Defense Dependents' Education

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

                      Subtitle G--Military Justice

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

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

                      Subtitle I--Military Families

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

                        Subtitle J--Other Matters

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

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

              Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                        Subtitle F--Other Matters

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

          TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS

               Subtitle A--Improvements to Health Benefits

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

                       Subtitle B--Preventive Care

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

                   Subtitle C--Wounded Warrior Matters

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

                        Subtitle D--Other Matters

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

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

              Subtitle A--Acquisition Policy and Management

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

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

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

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

          Subtitle E--Department of Defense Contractor Matters

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

           Subtitle G--Governmentwide Acquisition Improvements

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

                        Subtitle H--Other Matters

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

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

              Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                        Subtitle E--Other Matters

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

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

                   Subtitle C--Counter-Drug Activities

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

          Subtitle D--Miscellaneous Authorities and Limitations

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

                     Subtitle E--Studies and Reports

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

                        Subtitle F--Other Matters

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

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

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                        Subtitle C--Other Matters

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

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

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

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

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

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

     TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                             TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

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

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

                Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

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

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

         Subtitle B--Amendments to Base Closure and Related Laws

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

                        Subtitle C--Other Matters

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

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

         Subtitle B--Real Property and Facilities Administration

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

           Subtitle C--Provisions Related to Guam Realignment

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

                       Subtitle D--Energy Security

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

                      Subtitle E--Land Conveyances

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

                        Subtitle F--Other Matters

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

      TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                  Subtitle A--Fiscal Year 2008 Projects

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

                  Subtitle B--Fiscal Year 2009 Projects

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

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

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

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

    Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                           Subtitle C--Reports

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

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

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

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

SEC. 4. EXPLANATORY STATEMENT.

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

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

              Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

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

SEC. 102. NAVY AND MARINE CORPS.

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

SEC. 103. AIR FORCE.

  Funds are hereby authorized to be appropriated for fiscal 
year 2009 for procurement for the Air Force as follows:
          (1) For aircraft, $12,826,858,000.
          (2) For ammunition, $894,478,000.
          (3) For missiles, $5,553,528,000.
          (4) For other procurement, $16,087,887,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

                       Subtitle B--Army Programs

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

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

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

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

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

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

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

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

SEC. 115. STRYKER MOBILE GUN SYSTEM.

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

                       Subtitle C--Navy Programs

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

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

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

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

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

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

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

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

                     Subtitle D--Air Force Programs

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

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

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

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

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

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

SEC. 134. F-22A FIGHTER AIRCRAFT.

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

               Subtitle E--Joint and Multiservice Matters

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

  (a) In General.--Chapter 9 of title 10, United States Code, 
is amended by inserting after section 231 the following new 
section:

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

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

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

SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.

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

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

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

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

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

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

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

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

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Missile Defense Programs

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

                           Subtitle D--Reports

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

                        Subtitle E--Other Matters

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

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  Funds are hereby authorized to be appropriated for fiscal 
year 2009 for the use of the Department of Defense for 
research, development, test, and evaluation as follows:
          (1) For the Army, $10,943,840,000 \1\.
---------------------------------------------------------------------------
    \1\ House Concurrent Resolution 442, as agreed to in the House of 
Representatives by voice on October 2, 2008, and agreed to in the 
Senate by unanimous consent pursuant to the order of the Senate of 
October 2, 2008, directed the Secretary of the Senate to correct the 
enrollment of sections 201(1) and 202(a) as correctly reflected above.
---------------------------------------------------------------------------
          (2) For the Navy, $19,345,603,000.
          (3) For the Air Force, $26,289,508,000.
          (4) For Defense-wide activities, $21,131,501,000, of 
        which $188,772,000 is authorized for the Director of 
        Operational Test and Evaluation.

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

  (a) Fiscal Year 2009.--Of the amounts authorized to be 
appropriated by section 201, $11,799,660,000 \1\ shall be 
available for the Defense Science and Technology Program, 
including basic research, applied research, and advanced 
technology development projects.
  (b) Basic Research, Applied Research, and Advanced Technology 
Development Defined.--For purposes of this section, the term 
``basic research, applied research, and advanced technology 
development'' means work funded in programs elements for 
defense research and development under Department of Defense 
budget activity 1, 2, or 3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND MANUFACTURING.

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

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

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

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

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

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

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

                  Subtitle C--Missile Defense Programs

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

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

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

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

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

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

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

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

SEC. 235. AIRBORNE LASER SYSTEM.

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

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

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

                          Subtitle D--Reports

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

  (a) In General.--Section 485 of title 10, United States Code, 
is amended to read as follows:

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

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

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

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

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

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

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

                       Subtitle E--Other Matters

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

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

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

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

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

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

SEC. 254. TRUSTED DEFENSE SYSTEMS.

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

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

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

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

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

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

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

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

                       Subtitle D--Energy Security

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

                           Subtitle E--Reports

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

                        Subtitle F--Other Matters

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

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

                  Subtitle B--Environmental Provisions

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

  (a) Participation Authorized.--Chapter 159 of title 10, 
United States Code, is amended by inserting after section 2694b 
the following new section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                 Subtitle C--Workplace and Depot Issues

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

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

SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.

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

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

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

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

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

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

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

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

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

SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

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

                      Subtitle D--Energy Security

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

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

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

          (2) Table of sections.--The table of sections at the 
        beginning of subchapter III of chapter 173 of such 
        title is amended by striking the item relating to 
        section 2925 and inserting the following new item:

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

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

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

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

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

SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.

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

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

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

                          Subtitle E--Reports

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

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

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

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

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

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

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

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

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

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

                       Subtitle F--Other Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

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

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

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

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

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

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

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

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

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

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

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

          (2) Table of sections.--The table of sections at the 
        beginning of chapter 3 of such title is amended by 
        striking the item relating to section 123a and 
        inserting the following new item:

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

              Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

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

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

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

                Subtitle B--Reserve Component Management

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

          Subtitle C--Joint Qualified Officers and Requirements

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

                 Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

                Subtitle F--Defense Dependents' Education

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

                      Subtitle G--Military Justice

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

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

                      Subtitle I--Military Families

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

                        Subtitle J--Other Matters

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

             Subtitle A--Officer Personnel Policy Generally

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

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

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

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

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

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

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

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

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

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

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

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

                Subtitle B--Reserve Component Management

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

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

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

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


     ``Army National Guard:

20,000.........................        1,500           850           325
22,000.........................        1,650           930           350
24,000.........................        1,790         1,010           378
26,000.........................        1,930         1,085           395
28,000.........................        2,070         1,168           420
30,000.........................        2,200         1,245           445
32,000.........................        2,330         1,315           460
34,000.........................        2,450         1,385           470
36,000.........................        2,570         1,455           480
38,000.........................        2,670         1,527           490
40,000.........................        2,770         1,590           500
42,000.........................        2,837         1,655           505
    ``Marine Corps Reserve:1,000..........................           99            63            20
1,200..........................          103            67            21
1,300..........................          107            70            22
1,400..........................          111            73            23
1,500..........................          114            76            24
1,600..........................          117            79            25
1,700..........................          120            82            26
1,800..........................          123            85            27
1,900..........................          126            88            28
2,000..........................          129            91            29
2,100..........................          132            94            30
2,200..........................          134            97            31
2,300..........................          136           100            32
2,400..........................          138           103            33
2,500..........................          140           106            34
2,600..........................          142           109         35''.
  (b) Air National Guard Officers.--The table in such section 
is further amended by striking the portion of the table 
relating to the Air National Guard and inserting the following:
     ``Air National Guard:5,000..........................          333           335           251
6,000..........................          403           394           260
7,000..........................          472           453           269
8,000..........................          539           512           278
9,000..........................          606           571           287
10,000.........................          673           665           313
11,000.........................          740           759           339
12,000.........................          807           827           353
13,000.........................          873           886           363
14,000.........................          939           945           374
15,000.........................        1,005         1,001           384
16,000.........................        1,067         1,057           394
17,000.........................        1,126         1,113           404
18,000.........................        1,185         1,169           414
19,000.........................        1,235         1,224           424
20,000.........................        1,283         1,280        428''.
  (c) Army National Guard Enlisted Personnel.--The table in 
section 12012(a) of such title, relating to the number of 
members of a reserve component who may be serving in the grade 
of E-8 or E-9 given the total number of members of that reserve 
component serving on full-time reserve component duty, is 
amended by striking the portion of the table relating to the 
Army National Guard and inserting the following:
            ``Army National Guard:20,000.......................................        1,650           550
22,000.......................................        1,775           615
24,000.......................................        1,950           645
26,000.......................................        2,100           675
28,000.......................................        2,250           715
30,000.......................................        2,400           735
32,000.......................................        2,500           760
34,000.......................................        2,600           780
36,000.......................................        2,700           800
38,000.......................................        2,800           820
40,000.......................................        2,900           830
42,000.......................................        3,000        840''.
SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY 
                    PROMOTION NATIONAL GUARD OFFICERS ORDERED TO ACTIVE 
                    DUTY IN SUPPORT OF A CONTINGENCY OPERATION.

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

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

  (a) Selective Service and Property and Fiscal Officers.--
Section 12647 of title 10, United States Code, is amended by 
striking ``60 years'' and inserting ``62 years''.
  (b) Certain Reserve Officers in Grades of Major Through 
Brigadier General.--Section 14702(b) of such title is amended--
          (1) in the subsection heading, by striking ``at Age 
        60'' and inserting ``for Age''; and
          (2) by striking ``subsection (a)(1) or (a)(2).'' and 
        all that follows through the period at the end of the 
        last sentence and inserting the following: ``paragraph 
        (1) or (2) of subsection (a). An officer described in 
        paragraph (1) of such subsection may not be retained 
        under this section after the last day of the month in 
        which the officer becomes 62 years of age. An officer 
        described in paragraph (2) of such subsection may not 
        be retained under this section after the last day of 
        the month in which the officer becomes 60 years of 
        age.''.
  (c) Clerical Amendments.--
          (1) Section heading.--The heading of section 14702 of 
        such title is amended to read as follows:

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

          (2) Table of sections.--The table of sections at the 
        beginning of chapter 1409 of such title is amended by 
        striking the item relating to section 14702 and 
        inserting the following new item:

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

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

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

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

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

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

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

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

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

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

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

         Subtitle C--Joint Qualified Officers and Requirements

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

  (a) In General.--Section 619a of title 10, United States 
Code, is amended--
          (1) in subsection (a), by striking ``unless--'' and 
        all that follows through ``the joint specialty'' and 
        inserting ``unless the officer has been designated as a 
        joint qualified officer'';
          (2) in subsection (b)--
                  (A) by striking ``paragraph (1) or paragraph 
                (2) of subsection (a), or both paragraphs (1) 
                and (2) of subsection (a),'' in the matter 
                preceding paragraph (1) and inserting 
                ``subsection (a)''; and
                  (B) in paragraph (4), by striking ``within 
                that immediate organization is not less than 
                two years'' and inserting ``is not less than 
                two years and the officer has successfully 
                completed a program of education described in 
                subsections (b) and (c) of section 2155 of this 
                title''; and
          (3) by striking subsection (h).
  (b) Clerical Amendments.--
          (1) Section heading.--The heading of such section is 
        amended to read as follows:

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

          (2) Table of sections.--The table of sections at the 
        beginning of subchapter II of chapter 36 of such title 
        is amended by striking the item relating to section 
        619a and inserting the following new item:

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

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

  (a) Reference to Joint Qualified Officer.--
          (1) In general.--Subsection (a) of section 661 of 
        title 10, United States Code, is amended in the second 
        sentence by striking ``in such manner as the Secretary 
        of Defense directs'' and inserting ``as a joint 
        qualified officer or in such other manner as the 
        Secretary of Defense directs''.
          (2) Section heading.--The heading of such section is 
        amended to read as follows:

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

          (3) Table of sections.--The table of sections at the 
        beginning of chapter 38 of such title is amended by 
        striking the item related to section 661 and inserting 
        the following new item:

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

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

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

          (3) Table of sections.--The table of sections at the 
        beginning of chapter 38 of such title is amended by 
        striking the item related to section 665 and inserting 
        the following new item:

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

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

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

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

SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

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

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

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

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

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

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

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

                Subtitle D--General Service Authorities

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

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

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

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

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

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

                   Subtitle E--Education and Training

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

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

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

  (a) United States Military Academy.--
          (1) In general.--Chapter 403 of title 10, United 
        States Code, is amended by inserting after section 4345 
        the following new section:

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

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

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

  (b) Naval Academy.--
          (1) In general.--Chapter 603 of title 10, United 
        States Code, is amended by inserting after section 
        6957a the following new section:

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

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

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

  (c) Air Force Academy.--
          (1) In general.--Chapter 903 of title 10, United 
        States Code, is amended by inserting after section 9345 
        the following new section:

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

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

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

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

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

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

  (a) National Defense Intelligence College.--
          (1) In general.--Section 2161 of title 10, United 
        States Code, is amended to read as follows:

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

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

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

  (b) National Defense University.--
          (1) In general.--Section 2163 of such title is 
        amended to read as follows:

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

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

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

  (c) United States Army Command and General Staff College.--
          (1) In general.--Section 4314 of such title is 
        amended to read as follows:

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

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

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

  (d) United States Army War College.--
          (1) In general.--Section 4321 of title 10, United 
        States Code, is amended to read as follows:

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

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

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

  (e) United States Naval Postgraduate School.--
          (1) In general.--Section 7048 of such title is 
        amended to read as follows:

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

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

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

  (f) Naval War College.--
          (1) In general.--Section 7101 of such title is 
        amended to read as follows:

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

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

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

  (g) Marine Corps University.--
          (1) In general.--Section 7102 of such title is 
        amended to read as follows:

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

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

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

  (h) United States Air Force Institute of Technology.--
          (1) In general.--Section 9314 of such title is 
        amended to read as follows:

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

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

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

  (i) Air University.--
          (1) In general.--Section 9317 of such title is 
        amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

               Subtitle F--Defense Dependents' Education

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

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

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

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

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

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

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

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

                      Subtitle G--Military Justice

SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.

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

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

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

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

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

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

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

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

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

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

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.

  (a) Replacement Required.--Chapter 57 of title 10, United 
States Code, is amended by adding at the end the following new 
section:

``Sec. 1135. Replacement of military decorations

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

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

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

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

                     Subtitle I--Military Families

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

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

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

  (a) Employment and Portable Career Opportunities for 
Spouses.--Subchapter I of chapter 88 of title 10, United States 
Code, is amended by inserting after section 1784 the following 
new section:

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

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

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

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

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

                       Subtitle J--Other Matters

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

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

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

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

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

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

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

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

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

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

SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.

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

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

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

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

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

              Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                        Subtitle F--Other Matters

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

                     Subtitle A--Pay and Allowances

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

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

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

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

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

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

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

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

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

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  (a) Eligibility for Skill Proficiency Bonus.--
          (1) Eligibility.--Subsection (b) of section 353 of 
        title 37, United States Code, is amended to read as 
        follows:
  ``(b) Skill Proficiency Bonus.--
          ``(1) Availability; eligible persons.--The Secretary 
        concerned may pay a proficiency bonus to a member of a 
        regular or reserve component of the uniformed services 
        who--
                  ``(A) is entitled to basic pay under section 
                204 of this title or compensation under section 
                206 of this title or is enrolled in an officer 
                training program; and
                  ``(B) is determined to have, and maintains, 
                certified proficiency under subsection (d) in a 
                skill designated as critical by the Secretary 
                concerned or is in training to acquire 
                proficiency in a critical foreign language or 
                expertise in foreign cultural studies or a 
                related skill designated as critical by the 
                Secretary concerned.
          ``(2) Inclusion of certain senior rotc members.--A 
        proficiency bonus may be paid under this subsection to 
        a student who is enrolled in the Senior Reserve 
        Officers' Training Corps program even though the 
        student is in the first year of the four-year course 
        under the program. During the period covered by the 
        proficiency bonus, the student shall also be entitled 
        to a monthly subsistence allowance under section 209(c) 
        of this title even though the student has not entered 
        into an agreement under section 2103a of title 10. 
        However, if the student receives incentive pay under 
        subsection (g)(2) for the same period, the student may 
        receive only a single monthly subsistence allowance 
        under section 209(c) of this title.''.
          (2) Availability of incentive pay for participation 
        in foreign language education or training programs.--
        Such section is further amended--
                  (A) by redesignating subsections (g), (h), 
                and (i) as subsections (h), (i), and (j), 
                respectively; and
                  (B) by inserting after subsection (f) the 
                following new subsection (g):
  ``(g) Foreign Language Studies in Officer Training 
Programs.--
          ``(1) Availability of incentive pay.--The Secretary 
        concerned may pay incentive pay to a person enrolled in 
        an officer training program to also participate in an 
        education or training program to acquire proficiency in 
        a critical foreign language or expertise in foreign 
        cultural studies or a related skill designated as 
        critical by the Secretary concerned.
          ``(2) Inclusion of certain senior rotc members.--
        Incentive pay may be paid under this subsection to a 
        student who is enrolled in the Senior Reserve Officers' 
        Training Corps program even though the student is in 
        the first year of the four-year course under the 
        program. While the student receives the incentive pay, 
        the student shall also be entitled to a monthly 
        subsistence allowance under section 209(c) of this 
        title even though the student has not entered into an 
        agreement under section 2103a of title 10. However, if 
        the student receives a proficiency bonus under 
        subsection (b)(2) covering the same month, the student 
        may receive only a single monthly subsistence allowance 
        under section 209(c) of this title.
          ``(3) Critical foreign language defined.--In this 
        section, the term `critical foreign language' includes 
        Arabic, Korean, Japanese, Chinese, Pashto, Persian-
        Farsi, Serbian-Croatian, Russian, Portuguese, or other 
        language designated as critical by the Secretary 
        concerned.''.
  (b) Incentive Pay Authorized.--
          (1) In general.--Chapter 5 of title 37, United States 
        Code, is amended by inserting after section 316 the 
        following new section:

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

  ``(a) Incentive Pay.--The Secretary of Defense may pay 
incentive pay under this section to an individual who--
          ``(1) is enrolled as a member of the Senior Reserve 
        Officers' Training Corps or the Marine Corps Platoon 
        Leaders Class, as determined in accordance with 
        regulations prescribed by the Secretary of Defense 
        under subsection (e); and
          ``(2) participates in a language immersion program 
        approved for purposes of the Senior Reserve Officers' 
        Training Corps, or in study abroad, or is enrolled in 
        an academic course that involves instruction in a 
        foreign language of strategic interest to the 
        Department of Defense as designated by the Secretary of 
        Defense for purposes of this section.
  ``(b) Period of Payment.--Incentive pay is payable under this 
section to an individual described in subsection (a) for the 
period of the individual's participation in the language 
program or study described in paragraph (2) of that subsection.
  ``(c) Amount.--The amount of incentive pay payable to an 
individual under this section may not exceed $3,000 per year.
  ``(d) Repayment.--An individual who is paid incentive pay 
under this section but who does not satisfactorily complete 
participation in the individual's language program or study as 
described in subsection (a)(2), or who does not complete the 
requirements of the Senior Reserve Officers' Training Corps or 
the Marine Corps Platoon Leaders Class, as applicable, shall be 
subject to the repayment provisions of section 303a(e) of this 
title.
  ``(e) Regulations.--This section shall be administered under 
regulations prescribed by the Secretary of Defense.
  ``(f) Reports.--Not later than January 1, 2010, and annually 
thereafter through 2014, the Secretary of Defense shall submit 
to the Director of the Office of Management and Budget, and to 
Congress, a report on the payment of incentive pay under this 
section during the preceding fiscal year. Each report shall 
include, for the fiscal year covered by such report, the 
following:
          ``(1) The number of individuals paid incentive pay 
        under this section, the number of individuals 
        commencing receipt of incentive pay under this section, 
        and the number of individuals ceasing receipt of 
        incentive pay under this section.
          ``(2) The amount of incentive pay paid to individuals 
        under this section.
          ``(3) The aggregate amount recouped under section 
        303a(e) of this title in connection with receipt of 
        incentive pay under this section.
          ``(4) The languages for which incentive pay was paid 
        under this section, including the total amount paid for 
        each such language.
          ``(5) The effectiveness of incentive pay under this 
        section in assisting the Department of Defense in 
        securing proficiency in foreign languages of strategic 
        interest to the Department of Defense, including a 
        description of how recipients of pay under this section 
        are assigned and utilized following completion of the 
        program of study.
  ``(g) Termination of Authority.--No incentive pay may be paid 
under this section after December 31, 2013.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 5 of such title is amended by 
        inserting after the item relating to section 316 the 
        following new item:

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

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

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

  (a) Targeted Bonus Authority to Increase Direct Accessions.--
          (1) Designation of critically short wartime health 
        specialties.--For purposes of section 335 of title 37, 
        United States Code, as added by section 661 of the 
        National Defense Authorization Act for Fiscal Year 2008 
        (Public Law 110-181; 122 Stat. 169), the following 
        health professions are designated as a critically short 
        wartime specialty under subsection (a)(2) of such 
        section:
                  (A) Psychologists who have been awarded a 
                diploma as a Diplomate in Psychology by the 
                American Board of Professional Psychology and 
                are fully licensed and such other mental health 
                practitioners as the Secretary concerned 
                determines to be necessary.
                  (B) Registered nurses.
          (2) Special agreement authority.--Under the authority 
        provided by this section, the Secretary concerned may 
        enter into an agreement under subsection (f) of section 
        335 of title 37, United States Code, to pay a health 
        professions bonus under such section to a person who 
        accepts a commission or appointment as an officer and 
        whose health profession specialty is specified in 
        paragraph (1) of this subsection.
          (3) Secretary concerned defined.--In this subsection, 
        the term ``Secretary concerned'' has the meaning given 
        that term in section 101(5) of title 37, United States 
        Code.
          (4) Effective period.--The designations made by this 
        subsection and the authority to enter into an agreement 
        under paragraph (2) of this subsection expire on 
        September 30, 2010.
  (b) Accession and Retention Bonuses for Psychologists.--
          (1) In general.--Chapter 5 of title 37, United States 
        Code, is amended by inserting after section 302c the 
        following new section:

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

  ``(a) Accession Bonus.--
          ``(1) Accession bonus authorized.--A person described 
        in paragraph (2) who executes a written agreement 
        described in subsection (d) to accept a commission as 
        an officer of the armed forces and remain on active 
        duty for a period of not less than four consecutive 
        years may, upon acceptance of the agreement by the 
        Secretary concerned, be paid an accession bonus in an 
        amount, subject to subsection (c)(1), determined by the 
        Secretary concerned.
          ``(2) Eligible persons.--A person described in 
        paragraph (1) is any person who--
                  ``(A) is a graduate of an accredited school 
                of psychology; and
                  ``(B) holds a valid State license to practice 
                as a doctoral level psychologist.
          ``(3) Limitation on eligibility.--A person may not be 
        paid a bonus under this subsection if--
                  ``(A) the person, in exchange for an 
                agreement to accept an appointment as an 
                officer, received financial assistance from the 
                Department of Defense to pursue a course of 
                study in psychology; or
                  ``(B) the Secretary concerned determines that 
                the person is not qualified to become and 
                remain certified as a psychologist.
  ``(b) Multiyear Retention Bonus.--
          ``(1) Retention bonus authorized.--An officer 
        described in paragraph (2) who executes a written 
        agreement described in subsection (d) to remain on 
        active duty for up to four years after completion of 
        any other active-duty service commitment may, upon 
        acceptance of the agreement by the Secretary concerned, 
        be paid a retention bonus as provided in this section.
          ``(2) Eligible officers.--An officer described in 
        paragraph (1) is an officer of the armed forces who--
                  ``(A) is a psychologist of the armed forces;
                  ``(B) is in a pay grade below pay grade O-7;
                  ``(C) has at least eight years of creditable 
                service (computed as described in section 
                302b(f) of this title) or has completed any 
                active-duty service commitment incurred for 
                psychology education and training;
                  ``(D) has completed initial residency 
                training (or will complete such training before 
                September 30 of the fiscal year in which the 
                officer enters into the agreement under this 
                subsection); and
                  ``(E) holds a valid State license to practice 
                as a doctoral level psychologist.
  ``(c) Maximum Amount of Bonus.--
          ``(1) Accession bonus.--The amount of an accession 
        bonus under subsection (a) may not exceed $400,000.
          ``(2) Retention bonus.--The amount of a retention 
        bonus under subsection (b) may not exceed $25,000 for 
        each year of the agreement of the officer concerned.
  ``(d) Agreement.--The agreement referred to in subsections 
(a) and (b) shall provide that, consistent with the needs of 
the armed force concerned, the person or officer executing the 
agreement will be assigned to duty, for the period of obligated 
service covered by the agreement, as an officer of such armed 
force as a psychologist.
  ``(e) Repayment.--
          ``(1) Accession bonus.--A person who, after signing 
        an agreement under subsection (a), is not commissioned 
        as an officer of the armed forces, does not become 
        licensed as a psychologist, or does not complete the 
        period of active duty specified in the agreement shall 
        be subject to the repayment provisions of section 
        303a(e) of this title.
          ``(2) Retention bonus.--An officer who does not 
        complete the period of active duty specified in the 
        agreement entered into under subsection (b) shall be 
        subject to the repayment provisions of section 303a(e) 
        of this title.
  ``(f) Termination of Authority.--No agreement under 
subsection (a) or (b) may be entered into after December 31, 
2009.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 5 of such title is amended by 
        inserting after the item relating to section 302c the 
        following new item:

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

            Subtitle C--Travel and Transportation Allowances

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

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

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

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

             Subtitle D--Retired Pay and Survivor Benefits

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

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

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

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

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

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

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

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

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

                       Subtitle F--Other Matters

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

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

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

                  (B) Table of contents.--The table of sections 
                at the beginning of chapter 5 of title 37, 
                United States Code, is amended by striking the 
                item relating to section 373 and inserting the 
                following new item:

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

         TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS

               Subtitle A--Improvements to Health Benefits

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

                       Subtitle B--Preventive Care

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

                   Subtitle C--Wounded Warrior Matters

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

                        Subtitle D--Other Matters

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

              Subtitle A--Improvements to Health Benefits

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

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

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

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

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

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

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

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

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

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

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

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

                      Subtitle B--Preventive Care

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

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

SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION PROJECT.

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

SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.

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

SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

  (a) Allowance.--Chapter 7 of title 37, United States Code, is 
amended by adding at the end the following new section:

``Sec. 438. Preventive health services allowance

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

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

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

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

                  Subtitle C--Wounded Warrior Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                       Subtitle D--Other Matters

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

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

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

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

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

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

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

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

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

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

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

              Subtitle A--Acquisition Policy and Management

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

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

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

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

          Subtitle E--Department of Defense Contractor Matters

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

           Subtitle G--Governmentwide Acquisition Improvements

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

                        Subtitle H--Other Matters

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

             Subtitle A--Acquisition Policy and Management

SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

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

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

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

SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.

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

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

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

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

  (a) Authority To Designate Major Subprograms as Subject to 
Acquisition Reporting Requirements.--
          (1) In general.--Chapter 144 of title 10, United 
        States Code, is amended by inserting after section 2430 
        the following new section:

``Sec. 2430a. Major subprograms

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

``2430a. Major subprograms.''.

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

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

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

``Sec. 2445a. Definitions''.

          (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 144A of such title is amended by 
        striking the item relating to section 2445a and 
        inserting the following new item:

``2445a. Definitions.''.

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 822. TECHNICAL DATA RIGHTS.

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

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

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

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

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

SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE DESIGNS 
                    OF DEPARTMENT OF DEFENSE VESSELS, BOATS, CRAFT, AND 
                    COMPONENTS THEREOF.

  (a) In General.--Chapter 633 of title 10, United States Code, 
is amended by adding at the end the following new section:

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

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

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

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

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

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

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

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

SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

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

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

  (a) Acquisition Personnel Requirements.--
          (1) In general.--Chapter 87 of title 10, United 
        States Code, is amended by inserting after section 1722 
        the following new section:

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

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

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

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

          Subtitle E--Department of Defense Contractor Matters

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

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

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

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

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

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

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

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

SEC. 845. DEFENSE INDUSTRIAL SECURITY.

   (a) Defense Industrial Security.--
          (1) In general.--Subchapter I of chapter 21 of title 
        10, United States Code, is amended by adding at the end 
        the following new section:

``Sec. 438. Defense industrial security

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

``438. Defense industrial security.''.

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

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

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

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

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

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

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

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

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

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

          Subtitle G--Governmentwide Acquisition Improvements

SEC. 861. SHORT TITLE.

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

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

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

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

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

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

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

SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

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

SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

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

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

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

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

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

SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.

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

SEC. 870. CONTINGENCY CONTRACTING CORPS.

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

``SEC. 44. CONTINGENCY CONTRACTING CORPS.

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

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

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

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

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

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

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

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

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

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

                       Subtitle H--Other Matters

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

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

SEC. 882. REPORT ON MARKET RESEARCH.

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

SEC. 883. REPORT RELATING TO MUNITIONS.

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

SEC. 884. MOTOR CARRIER FUEL SURCHARGES.

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

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

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

``Sec. 381. Procurement of equipment by State and local governments 
                    through the Department of Defense: equipment for 
                    counter-drug, homeland security, and emergency 
                    response activities''.

          (2) Table of sections.--The table of sections at the 
        beginning of chapter 18 of such title is amended by 
        striking the item relating to section 381 and inserting 
        the following new item:

``381. Procurement of equipment by State and local governments through 
          the Department of Defense: equipment for counter-drug, 
          homeland security, and emergency response activities.''.

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

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

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

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

              Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                        Subtitle E--Other Matters

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

              Subtitle A--Department of Defense Management

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

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

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

  (a) Establishment of Position; Duties.--Chapter 4 of title 
10, United States Code, is amended by inserting after section 
139a the following new section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                      Subtitle B--Space Activities

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

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

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

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

SEC. 913. SPACE POSTURE REVIEW.

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

             Subtitle C--Chemical Demilitarization Program

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

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

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

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

                Subtitle D--Intelligence-Related Matters

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

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

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

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

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

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

                       Subtitle E--Other Matters

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

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

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

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

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

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

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

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

SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

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

                      TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

                   Subtitle C--Counter-Drug Activities

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

          Subtitle D--Miscellaneous Authorities and Limitations

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

                     Subtitle E--Studies and Reports

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

                        Subtitle F--Other Matters

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

                     Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

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

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

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

SEC. 1003. MANAGEMENT OF PURCHASE CARDS.

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

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

  (a) Codification of Authority.--
          (1) In general.--Subchapter II of chapter 134 of 
        title 10, United States Code, is amended by adding at 
        the end the following new section:

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

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

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

  (b) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2008, and shall apply to fiscal 
years that begin on or after that date.

SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

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

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

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

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

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

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

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

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

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

                  Subtitle C--Counter-Drug Activities

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

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

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

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

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

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

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

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

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

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

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

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

         Subtitle D--Miscellaneous Authorities and Limitations

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

  (a) In General.--Chapter 20 of title 10, United States Code, 
is amended by adding at the end the following new section:

``Sec. 409. Center for Complex Operations

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

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

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

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

SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR 
                    TRANSPORTATION SERVICES FROM CARRIERS PARTICIPATING 
                    IN THE CIVIL RESERVE AIR FLEET.

  (a) In General.--Chapter 931 of title 10, United States Code, 
is amended by adding at the end the following new section:

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

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

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

  (c) Report to Congress; Limitation on Exercise of 
Authority.--
          (1) Report.--The Secretary of Defense shall submit to 
        the congressional defense committees a written report 
        on the actions taken under subsections (a) and (b) of 
        section 9515 of title 10, United States Code, as added 
        by subsection (a), along with the anticipated risks and 
        benefits of such actions.
          (2) Limitation.--No authority under subsections (c) 
        through (I) of such section may be implemented until 30 
        days after the date on which the Secretary submits the 
        report required under paragraph (1).

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

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

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

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

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

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

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

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

                    Subtitle E--Studies and Reports

SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

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

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

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

SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.

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

SEC. 1044. REPORT ON NUCLEAR WEAPONS.

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

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

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

SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.

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

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

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

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

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

                       Subtitle F--Other Matters

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

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

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

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

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

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

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

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

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

  (a) Report by President.--
          (1) Initial report.--Not later than December 31, 
        2009, the President shall submit to the appropriate 
        committees of Congress a report on a comprehensive 
        interagency strategy for public diplomacy and strategic 
        communication of the Federal Government, including 
        benchmarks and a timetable for achieving such 
        benchmarks.
          (2) Elements of report.--The report required under 
        paragraph (1) shall include the following elements:
                  (A) Strategy.--A comprehensive interagency 
                strategy, which shall include the following:
                          (i) Prioritizing the mission of 
                        supporting specific foreign policy 
                        objectives, such as counterterrorism 
                        and efforts to combat extremist 
                        ideology, in parallel and in complement 
                        with, as appropriate, the broad mission 
                        of communicating the policies and 
                        values of the United States to foreign 
                        audiences.
                          (ii) Consolidating and elevating, as 
                        appropriate, Federal Government 
                        leadership to prioritize, manage, and 
                        implement the strategy required by this 
                        subsection, including consideration of 
                        whether to establish strategic 
                        communication and public diplomacy 
                        positions at the National Security 
                        Council and to establish a single 
                        office to coordinate strategic 
                        communication and public diplomacy 
                        efforts.
                          (iii) Improving coordination across 
                        departments and agencies of the Federal 
                        Government on strategic communications 
                        and public diplomacy.
                          (iv) Consideration of whether 
                        resources devoted to strategic 
                        communication and public diplomacy 
                        efforts should be increased.
                  (B) Study.--A study of whether to establish 
                an independent, not-for-profit organization 
                responsible for providing independent 
                assessment and strategic guidance to the 
                Federal Government on strategic communication 
                and public diplomacy, as recommended by the 
                Task Force on Strategic Communication of the 
                Defense Science Board.
                  (C) Roles of departments or agencies of the 
                federal government.--A description of the 
                respective roles of the National Security 
                Council, the Department of Defense, and the 
                Department of State regarding strategic 
                communication and public diplomacy, including--
                          (i) a description of the roles of the 
                        offices within the National Security 
                        Council, the Department of Defense, and 
                        the Department of State engaged in 
                        message outreach to audiences abroad; 
                        and
                          (ii) an explanation of how the 
                        National Security Council, the 
                        Department of Defense, and the 
                        Department of State coordinate 
                        strategic communication and public 
                        diplomacy activities.
          (3) Subsequent report.--Two years after the 
        submission of the initial report under paragraph (1), 
        the President shall submit to the appropriate 
        committees of Congress a report on--
                  (A) the status of the implementation of the 
                strategy;
                  (B) progress toward achievement of 
                benchmarks; and
                  (C) any changes to the strategy since the 
                submission of the initial report.
  (b) Report by Secretary of Defense.--Not later than December 
31, 2009, the Secretary of Defense shall review, and submit to 
the congressional defense committees a report on, the 
organizational structure within the Department of Defense for 
advising the Secretary on the direction and priorities for 
strategic communication activities, including an assessment of 
the option of establishing a board, composed of representatives 
from among the organizations within the Department responsible 
for strategic communications, public diplomacy, and public 
affairs, and including advisory members from the broader 
interagency community as appropriate, for purposes of--
          (1) providing strategic direction for Department of 
        Defense efforts related to strategic communications and 
        public diplomacy; and
          (2) setting priorities for the Department of Defense 
        in the areas of strategic communications and public 
        diplomacy.
  (c) Form and Availability of Reports.--
          (1) Form.--The reports required by this section may 
        be submitted in a classified form.
          (2) Availability.--Any unclassified portions of the 
        reports required by this section shall be made 
        available to the public.
  (d) Appropriate Committees.--For the purposes of this 
section, the appropriate committees of Congress are the 
following:
          (1) The Committees on Foreign Relations, Armed 
        Services, and Appropriations of the Senate.
          (2) The Committees on Foreign Affairs, Armed 
        Services, and Appropriations of the House of 
        Representatives.

SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA.

  (a) Prohibition.--No part of any funds authorized to be 
appropriated in this or any other Act shall be used by the 
Department of Defense for publicity or propaganda purposes 
within the United States not otherwise specifically authorized 
by law.
  (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Inspector General of the Department 
of Defense shall submit to Congress a report on the findings of 
their project number D2008-DIPOEF-0209.000, entitled 
``Examination of Allegations Involving DoD Office of Public 
Affairs Outreach Program''.
  (c) Legal Opinion.--Not later than 120 days after the date of 
the enactment of this Act, the Comptroller General of the 
United States shall issue a legal opinion to Congress on 
whether the Department of Defense violated appropriations 
prohibitions on publicity or propaganda activities established 
in Public Laws 107-117, 107-248, 108-87, 108-287, 109-148, 109-
289, and 110-116, the Department of Defense Appropriations Acts 
for fiscal years 2002 through 2008, respectively, by offering 
special access to prominent persons in the private sector who 
serve as media analysts, including briefings and information on 
war efforts, meetings with high level government officials, and 
trips to Iraq and Guantanamo Bay, Cuba.
  (d) Rule of Construction Related to Intelligence 
Activities.--Nothing in this section shall be construed to 
apply to any lawful and authorized intelligence activity of the 
United States Government.

SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY 
                    CONTRACTOR PERSONNEL.

  It is the sense of Congress that--
          (1) the interrogation of enemy prisoners of war, 
        civilian internees, retained persons, other detainees, 
        terrorists, and criminals when captured, transferred, 
        confined, or detained during or in the aftermath of 
        hostilities is an inherently governmental function and 
        cannot appropriately be transferred to private sector 
        contractors;
          (2) not later than one year after the date of the 
        enactment of this Act, the Secretary of Defense should 
        develop the resources needed to ensure that 
        interrogations described in paragraph (1) can be 
        conducted by government personnel and not by private 
        sector contractors; and
          (3) properly trained and cleared contractors may 
        appropriately be used as linguists, interpreters, 
        report writers, information technology technicians, and 
        other employees filling ancillary positions, if the 
        private sector contractors are subject to the same 
        rules, procedures, policies, and laws pertaining to 
        detainee operations and interrogations that govern the 
        execution of these positions by government personnel.

SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR OTHERWISE 
                    ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE 
                    INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR 
                    UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT OF 
                    DEFENSE.

  (a) In General.--It is the sense of Congress that the 
Secretary of Defense should take such actions as are necessary 
to ensure that each strategic intelligence interrogation of any 
person who is in the custody or under the effective control of 
the Department of Defense or under detention in a Department of 
Defense facility is videotaped or otherwise electronically 
recorded.
  (b) Strategic Intelligence Interrogation Defined.--For 
purposes of this section, the term ``strategic intelligence 
interrogation'' means an interrogation of a person described in 
subsection (a) conducted at a theater-level detention facility.

SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED FOR ENTRY 
                    TO MILITARY INSTALLATIONS IN THE UNITED STATES.

  Section 1069(c) of the National Defense Authorization Act of 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 327) is 
amended--
          (1) in paragraph (1)--
                  (A) by striking ``July 1, 2008'' and 
                inserting ``February 1, 2009''; and
                  (B) by striking ``January 1, 2009'' and 
                inserting ``October 1, 2010''; and
          (2) in paragraph (2), by striking ``implemented'' and 
        inserting ``developed''.

SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION ON 
                    THE STRATEGIC POSTURE OF THE UNITED STATES.

  (a) Extension of Dates.--Section 1062 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181) is 
amended--
          (1) in subsection (e), by striking ``December 1, 
        2008'' and inserting ``April 1, 2009''; and
          (2) in subsection (g), by striking ``June 1, 2009'' 
        and inserting ``September 30, 2009''.
  (b) Interim Report.--Not later than December 1, 2008, the 
Congressional Commission on the Strategic Posture of the United 
States shall submit to the President, the Secretary of Defense, 
the Secretary of Energy, the Secretary of State, the Committee 
on Armed Services of the Senate, and the Committee on Armed 
Services of the House of Representatives an interim report on 
the commission's initial findings, conclusions, and 
recommendations. To the extent practicable, the interim report 
shall address the matters required to be included in the report 
under subsection (e) of such section 1062.

SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.

  (a) Title 10, United States Code.--Title 10, United States 
Code, is amended as follows:
          (1) The table of sections at the beginning of chapter 
        2 is amended by inserting after the item relating to 
        118a the following new item:

``118b. Quadrennial roles and missions review.''.

          (2) The table of sections at the beginning of chapter 
        5 is amended in the item relating to section 156 by 
        inserting a period at the end.
          (3) The table of sections at the beginning of chapter 
        7 is amended in the item relating to section 183 by 
        inserting a period at the end.
          (4) Section 1477(e) is amended by inserting a period 
        at the end.
          (5) Section 2192a is amended--
                  (A) in subsection (e)(4), by striking ``title 
                11, United States Code,'' and inserting ``title 
                11''; and
                  (B) in subsection (f), by striking ``title 
                10, United States Code'' and inserting ``this 
                title''.
          (6) The table of chapters at the beginning of 
        subtitle C, and the table of chapters at the beginning 
        of part IV of such subtitle, are each amended by 
        striking the item relating to chapter 667 and inserting 
        the following new item:

``667. Issue of Serviceable Material Other Than to Armed Forces..7911''.

  (b) National Defense Authorization Act for Fiscal Year 
2008.--Effective as of January 28, 2008, and as if included 
therein as enacted, the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) is amended as follows:
          (1) Section 371(c) (122 Stat. 80) is amended by 
        striking `` `operational strategies' '' and inserting 
        `` `operational systems' ''.
          (2) Section 585(b)(3)(C) (122 Stat. 132) is amended 
        by inserting ``both places it appears'' before the 
        period at the end.
          (3) Section 703(b) (122 Stat. 103) is amended by 
        striking ``as amended by'' and inserting ``as inserted 
        by''.
          (4) Section 805(a) (122 Stat. 212) is amended by 
        striking ``Act ,'' and inserting ``Act,''.
          (5) Section 883(b) (122 Stat. 264) is amended by 
        striking ``Section 832(c)(1) of such Act, as 
        redesignated by subsection (a), is amend by'' and 
        inserting ``Section 832(b)(1) of such Act is amended 
        by''.
          (6) Section 890(d)(2) (122 Stat. 270) is amended by 
        striking ``sections'' and inserting ``parts''.
          (7) Section 904(a)(4) (122 Stat. 274) is amended by 
        striking ``131(b)(2)'' and inserting ``131(b)''.
          (8) Section 954(a)(3)(B) (122 Stat. 294) is amended 
        by inserting ``, as redesignated by section 
        524(a)(1)(A),'' after ``of such title''.
          (9) Section 954(b)(2) (122 Stat. 294) is amended--
                  (A) by striking ``2114(e) of such title'' and 
                inserting ``2114(f) of such title, as 
                redesignated by section 524(a)(1)(A),''; and
                  (B) by striking the period at the end and 
                inserting ``and inserting `President'.''.
          (10) Section 1063(d)(1) (122 Stat. 323) is amended by 
        striking ``a semicolon after `subsection' '' and 
        inserting ``a comma after `subsection' ''.
          (11) Section 1229(i)(3) (122 Stat. 383) is amended by 
        striking ``publically'' and inserting ``publicly''.
          (12) Section 1422(e)(2) (122 Stat. 422) is amended by 
        striking ``subsection (c)'' and inserting ``subsection 
        (c)(1)''.
          (13) Section 1602(4) (122 Stat. 432) is amended by 
        striking ``section 411 h(b)'' and inserting ``section 
        411h(b)(1)''.
          (14) Section 1617(b) (122 Stat. 449) is amended by 
        striking ``by adding at the end'' and inserting ``by 
        inserting after the item relating to section 1074k''.
          (15) Section 2106 (122 Stat. 508) is amended by 
        striking ``for 2007'' both places it appears and 
        inserting ``for Fiscal Year 2007''.
          (16) Section 2826(a)(2)(A) (122 Stat. 546) is amended 
        by striking `` `Secretary of the Army' '' and inserting 
        `` `Secretary of Army' ''.
  (c) Title 31, United States Code.--Title 31, United States 
Code, is amended as follows:
          (1) Chapter 35 is amended by striking the first 
        section 3557.
          (2) The second section 3557 is amended in the section 
        heading by striking ``Public-Private'' and inserting 
        ``public-private''.
          (3) The table of sections at the beginning of chapter 
        35 is amended by striking the second item relating to 
        section 3557.
  (d) Title 28, United States Code.--Section 1491(b) of title 
28, United States Code, is amended by striking the first 
paragraph (5).
  (e) Ronald W. Reagan National Defense Authorization Act for 
Fiscal Year 2005.--Section 721(e) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375; 118 Stat. 1988; 10 U.S.C. 1092 note) is amended by 
striking ``fiscal years 2005'' and all that follows through 
``2010'' and inserting ``fiscal years 2005 through 2010''.

SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH RESPECT TO 
                    CERTAIN NONPROLIFERATION AND PROLIFERATION 
                    ACTIVITIES.

  (a) Notification With Respect to Nonproliferation 
Activities.--The Secretary of Defense, the Secretary of Energy, 
the Secretary of Commerce, the Secretary of State, and the 
Nuclear Regulatory Commission shall keep the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives informed with respect to--
          (1) any activities undertaken by any such Secretary 
        or the Commission to carry out the purposes and 
        policies of the Secretaries and the Commission with 
        respect to nonproliferation programs; and
          (2) any other activities undertaken by any such 
        Secretary or the Commission to prevent the 
        proliferation of nuclear, chemical, or biological 
        weapons or the means of delivery of such weapons.
  (b) Notification With Respect to Proliferation Activities in 
Foreign Nations.--
          (1) In general.--The Director of National 
        Intelligence shall keep the Committee on Armed Services 
        of the Senate and the Committee on Armed Services of 
        the House of Representatives fully and currently 
        informed with respect to any activities of foreign 
        nations that are significant with respect to the 
        proliferation of nuclear, chemical, or biological 
        weapons or the means of delivery of such weapons.
          (2) Fully and currently informed defined.--For 
        purposes of paragraph (1), the term ``fully and 
        currently informed'' means the transmittal of credible 
        information with respect to an activity described in 
        such paragraph not later than 60 days after becoming 
        aware of the activity.

SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED CENTER FOR 
                    NORTH AMERICAN AEROSPACE DEFENSE COMMAND AND UNITED 
                    STATES NORTHERN COMMAND.

  (a) Assessment Required.--The Secretary of Defense shall 
conduct an assessment of the adequacy of security measures for 
the consolidated command center for North American Aerospace 
Defense Command and United States Northern Command at Peterson 
Air Force Base, Colorado.
  (b) Elements.--The assessment required in paragraph (a) shall 
include the following:
          (1) A description of the security measures taken and 
        planned for the consolidated command center as of 
        October 1, 2008.
          (2) An assessment of whether existing and planned 
        security measures for the consolidated command center 
        are adequate to provide the necessary level of 
        protection.
          (3) An estimate of the total costs associated with 
        such security measures adequate to provide the 
        necessary level of protection.
  (c) Report Required.--Not later than March 1, 2009, the 
Secretary of Defense shall submit to the congressional defense 
committees a report containing the results of the assessment 
required in subsection (a).
  (d) Additional Requirement.--The Secretary of Defense shall 
ensure that redundant facilities and equipment, along with the 
appropriate manning necessary to ensure the continuity of 
operations, are maintained at Cheyenne Mountain Air Force 
Station until the Secretary certifies that security measures 
have been instituted that bring the consolidated command center 
for North American Aerospace Defense Command and United States 
Northern Command into full compliance with Protection Level One 
requirements, as defined by Air Force Instruction 31-101, dated 
March 1, 2007.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority to waive annual limitation on premium pay and 
          aggregate limitation on pay for Federal civilian   employees 
          working overseas.
Sec. 1102. Temporary discretionary authority to grant allowances, 
          benefits, and gratuities to personnel on official duty in a 
          combat zone.
Sec. 1103. Election of insurance coverage by Federal civilian employees 
          deployed in support of a contingency operation.
Sec. 1104. Extension of authority to make lump-sum severance payments.
Sec. 1105. Extension of voluntary reduction-in-force authority of 
          Department of Defense.
Sec. 1106. Enhancement of authorities relating to additional positions 
          under the national security personnel system.
Sec. 1107. Expedited hiring authority for health care professionals.
Sec. 1108. Direct hire authority at personnel demonstration laboratories 
          for certain candidates.
Sec. 1109. Status reports relating to laboratory personnel demonstration 
          projects.
Sec. 1110. Technical amendment relating to definition of professional 
          accounting position for purposes of certification and 
          credentialing standards.
Sec. 1111. Exceptions and adjustments to limitations on personnel and 
          reports on such exceptions and adjustments.

SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND 
                    AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN   
                    EMPLOYEES WORKING OVERSEAS.

  (a) Waiver Authority.--During calendar year 2009, and 
notwithstanding section 5547 of title 5, United States Code, 
the head of an Executive agency may waive the premium pay 
limitations established in that section up to the annual rate 
of salary payable to the Vice President under section 104 of 
title 3, United States Code, for an employee who performs work 
while in an overseas location that is in the area of 
responsibility of the Commander of the United States Central 
Command, or an overseas location that was formerly in the area 
of responsibility of the Commander of the United States Central 
Command but has been moved to the area of responsibility of the 
Commander of the United States Africa Command, in direct 
support of, or directly related to--
          (1) a military operation, including a contingency 
        operation; or
          (2) an operation in response to a national emergency 
        declared by the President.
  (b) Applicability of Aggregate Limitation on Pay.--Section 
5307 of title 5, United States Code, shall not apply to any 
employee in any calendar year in which that employee is granted 
a waiver under subsection (a).
  (c) Additional Pay Not Considered Basic Pay.--To the extent 
that a waiver under subsection (a) results in payment of 
additional premium pay of a type that is normally creditable as 
basic pay for retirement or any other purpose, such additional 
pay shall not be considered to be basic pay for any purpose, 
nor shall it be used in computing a lump-sum payment for 
accumulated and accrued annual leave under section 5551 of 
title 5, United States Code.
  (d) Regulations.--The Director of the Office of Personnel 
Management may issue regulations to ensure appropriate 
consistency among heads of executive agencies in the exercise 
of authority granted by this section.

SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES, 
                    BENEFITS, AND GRATUITIES TO PERSONNEL ON OFFICIAL 
                    DUTY IN A COMBAT ZONE.

  (a) In General.--Section 1603(a) of the Emergency 
Supplemental Appropriations Act for Defense, the Global War on 
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 
Stat. 443) is amended--
          (1) by striking ``During fiscal years 2006, 2007, and 
        2008'' and inserting ``(1) During fiscal years 2006 
        (including the period beginning on October 1, 2005, and 
        ending on June 15, 2006), 2007, and 2008''; and
          (2) by adding at the end the following:
  ``(2) During fiscal years 2009, 2010, and 2011, the head of 
an agency may, in the agency head's discretion, provide to an 
individual employed by, or assigned or detailed to, such agency 
allowances, benefits, and gratuities comparable to those 
provided by the Secretary of State to members of the Foreign 
Service under section 413 and chapter 9 of title I of the 
Foreign Service Act of 1980, if such individual is on official 
duty in a combat zone (as defined by section 112(c) of the 
Internal Revenue Code of 1986).''.
  (b) Effective Date.--The amendments made by subsection (a) 
shall take effect as if included in the enactment of the 
Emergency Supplemental Appropriations Act for Defense, the 
Global War on Terror, and Hurricane Recovery, 2006 (Public Law 
109-234).

SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN EMPLOYEES 
                    DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

  (a) Automatic Coverage.--Section 8702(c) of title 5, United 
States Code, is amended--
          (1) by inserting ``an employee who is deployed in 
        support of a contingency operation (as that term is 
        defined in section 101(a)(13) of title 10) or'' after 
        ``subsection (b),''; and
          (2) by striking ``the date of the'' and inserting 
        ``the date of notification of deployment or''.
  (b) Optional Insurance.--Section 8714a(b) of such title is 
amended--
          (1) by designating the text as paragraph (2); and
          (2) by inserting before paragraph (2), as so 
        designated, the following new paragraph (1):
  ``(1) An employee who is deployed in support of a contingency 
operation (as that term is defined in section 101(a)(13) of 
title 10) or an employee of the Department of Defense who is 
designated as emergency essential under section 1580 of title 
10 shall be insured under the policy of insurance under this 
section if the employee, within 60 days after the date of 
notification of deployment or designation, elects to be insured 
under the policy of insurance. An election under this paragraph 
shall be effective when provided to the Office in writing, in 
the form prescribed by the Office, within such 60-day 
period.''.
  (c) Additional Optional Life Insurance.--Section 8714b(b) of 
such title is amended--
          (1) by designating the text as paragraph (2); and
          (2) by inserting before paragraph (2), as so 
        designated, the following new paragraph (1):
  ``(1) An employee who is deployed in support of a contingency 
operation (as that term is defined in section 101(a)(13) of 
title 10) or an employee of the Department of Defense who is 
designated as emergency essential under section 1580 of title 
10 shall be insured under the policy of insurance under this 
section if the employee, within 60 days after the date of 
notification of deployment or designation, elects to be insured 
under the policy of insurance. An election under this paragraph 
shall be effective when provided to the Office in writing, in 
the form prescribed by the Office, within such 60-day 
period.''.

SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE PAYMENTS.

  Section 5595(i)(4) of title 5, United States Code, is amended 
by striking ``October 1, 2010'' and inserting ``October 1, 
2014''.

SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF 
                    DEPARTMENT OF DEFENSE.

  Section 3502(f)(5) of title 5, United States Code, is amended 
by striking ``September 30, 2010'' and inserting ``September 
30, 2014''.

SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL POSITIONS 
                    UNDER THE NATIONAL SECURITY PERSONNEL SYSTEM.

  Section 9902(i) of title 5, United States Code, is amended--
          (1) in paragraph (1), by striking ``the requirements 
        of chapter 71 and the limitations in subsection 
        (b)(3)'' and inserting ``the requirements and 
        limitations in paragraph (3)''; and
          (2) by striking the period at the end of paragraph 
        (2) and inserting ``, in a manner comparable to that in 
        which such provisions are applied under chapter 33.
          ``(3) Any action taken by the Secretary pursuant to 
        the authority of this subsection shall be subject to--
                  ``(A) the requirements of chapter 71; and
                  ``(B) the limitations in subsection (b)(3), 
                except that the requirements of chapter 33 may 
                be waived to the extent necessary to achieve 
                the purposes of this subsection.''.

SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS.

  (a) Expedited Hiring Authority.--Section 1599c(a) of title 
10, United States Code, is amended--
          (1) by inserting ``(1)'' before ``The Secretary of 
        Defense may''; and
          (2) by adding at the end the following new paragraph:
  ``(2)(A) For purposes of sections 3304, 5333, and 5753 of 
title 5, the Secretary of Defense may--
          ``(i) designate any category of medical or health 
        professional positions within the Department of Defense 
        as shortage category positions; and
          ``(ii) utilize the authorities in such sections to 
        recruit and appoint highly qualified persons directly 
        to positions so designated.
  ``(B) In using the authority provided by this paragraph, the 
Secretary shall apply the principles of preference for the 
hiring of veterans and other persons established in subchapter 
1 of chapter 33 of title 5.''.
  (b) Termination of Authority.--Section 1599c(c) of such title 
is amended--
          (1) by inserting ``(1)'' before ``The authority of'';
          (2) by striking ``September 30, 2010'' and inserting 
        ``September 30, 2012''; and
          (3) by adding at the end the following new paragraph:
  ``(2) The Secretary may not appoint a person to a position of 
employment under subsection (a)(2) after September 30, 2012.''.

SEC. 1108. DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION 
                    LABORATORIES FOR CERTAIN CANDIDATES.

  (a) Authority.--The Secretary of Defense may appoint 
qualified candidates possessing an advanced degree to positions 
described in subsection (b) without regard to the provisions of 
subchapter I of chapter 33 of title 5, United States Code, 
other than sections 3303 and 3328 of such title.
  (b) Applicability.--This section applies with respect to 
candidates for scientific and engineering positions within any 
laboratory identified in section 9902(c)(2) of title 5, United 
States Code.
  (c) Limitation.--(1) Authority under this section may not, in 
any calendar year and with respect to any laboratory, be 
exercised with respect to a number of candidates greater than 
the number equal to 2 percent of the total number of scientific 
and engineering positions within such laboratory that are 
filled as of the close of the fiscal year last ending before 
the start of such calendar year.
  (2) For purposes of this subsection, positions and candidates 
shall be counted on a full-time equivalent basis.
  (d) Employee Defined.--As used in this section, the term 
``employee'' has the meaning given such term by section 2105 of 
title 5, United States Code.
  (e) Termination.--The authority to make appointments under 
this section shall not be available after December 31, 2013.

SEC. 1109. STATUS REPORTS RELATING TO LABORATORY PERSONNEL 
                    DEMONSTRATION PROJECTS.

  Section 1107 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357) is amended 
by adding at the end the following:
  ``(e) Status Reports.--
          ``(1) In general.--Not later than 45 days after the 
        date of the enactment of this Act and not later than 
        March 1 of each year beginning after the date on which 
        the first report under this subsection is submitted, 
        the Secretary of Defense shall submit to the Committees 
        on Armed Services of the Senate and House of 
        Representatives a report providing, with respect to the 
        year before the year in which such report is submitted, 
        the information described in paragraph (2).
          ``(2) Information required.--Each report under this 
        subsection shall describe the following:
                  ``(A) The actions taken by the Secretary of 
                Defense under subsection (a) during the year 
                covered by the report.
                  ``(B) The progress made by the Secretary of 
                Defense during such year in developing and 
                implementing the plan required by subsection 
                (b), including the anticipated date for 
                completion of such plan and a list and 
                description of any issues relating to the 
                development or implementation of such plan.
                  ``(C) With respect to any applications by any 
                Department of Defense laboratories seeking to 
                be designated as a demonstration laboratory or 
                to otherwise obtain any of the personnel 
                flexibilities available to a demonstration 
                laboratory--
                          ``(i) the number of applications that 
                        were received, pending, or acted on 
                        during such year;
                          ``(ii) the status or disposition of 
                        any applications under clause (i), 
                        including, in the case of any 
                        application on which a final decision 
                        was rendered, the laboratory involved, 
                        what the laboratory had requested, the 
                        decision reached, and the reasons for 
                        the decision; and
                          ``(iii) in the case of any 
                        applications under clause (i) on which 
                        a final decision was not rendered, the 
                        date by which a final decision is 
                        anticipated.
          ``(3) Definition.--For purposes of this subsection, 
        the term `demonstration laboratory' means a laboratory 
        designated by the Secretary of Defense under the 
        provisions of section 342(b) of the National Defense 
        Authorization Act for Fiscal Year 1995 (as cited in 
        subsection (a)).''.

SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF PROFESSIONAL 
                    ACCOUNTING POSITION FOR PURPOSES OF CERTIFICATION 
                    AND CREDENTIALING STANDARDS.

  Section 1599d(e) of title 10, United States Code, is amended 
by striking ``GS-510, GS-511, and GS-505'' and inserting 
``0505, 0510, 0511, or equivalent''.

SEC. 1111. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND 
                    REPORTS ON SUCH EXCEPTIONS AND ADJUSTMENTS.

  (a) Exception to Limitations on Personnel.--For fiscal year 
2009 and fiscal years thereafter, the baseline personnel 
limitations in sections 143, 194, 3014, 5014, and 8014 of title 
10, United States Code (as adjusted pursuant to subsection 
(b)), shall not apply to--
          (1) acquisition personnel hired pursuant to the 
        expedited hiring authority provided in section 1705(h) 
        of title 10, United States Code, as amended by section 
        821 of this Act, or otherwise hired with funds in the 
        Department of Defense Acquisition Workforce Development 
        Fund established in accordance with section 1705(a) of 
        such title; or
          (2) personnel hired pursuant to a shortage category 
        designation by the Secretary of Defense or the Director 
        of the Office of Personnel Management.
  (b) Authority to Adjust Limitations on Personnel.--For fiscal 
year 2009 and for four fiscal years thereafter, the Secretary 
of Defense or a secretary of a military department may adjust 
the baseline personnel limitations in sections 143, 194, 3014, 
5014 and 8014 of title 10, United States Code, to--
          (1) fill a gap in the civilian workforce of the 
        Department of Defense identified by the Secretary of 
        Defense in a strategic human capital plan submitted to 
        Congress in accordance with the requirements of--
                  (A) section 1122 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public 
                Law 109-163; 10 U.S.C. prec. 1580 note);
                  (B) section 1102 of the John Warner National 
                Defense Authorization Act for Fiscal Year 2007 
                (Public Law 109-364; 120 Stat. 2407); or
                  (C) section 851 of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public 
                Law 110-181; 10 U.S.C. note prec. 1580); or
          (2) accommodate increases in workload or modify the 
        type of personnel required to accomplish work, for any 
        purpose described in paragraphs (1) through (4) of 
        subsection (c).
  (c) Limitation on Authority to Adjust Limitations on 
Personnel.--The Secretary of Defense or the secretary of a 
military department may not increase a baseline personnel 
limitation under paragraph (2) of subsection (b) by more than 5 
percent in a fiscal year. An increase in a baseline personnel 
limitation under such paragraph may be made for any of the 
following purposes:
          (1) Performance of inherently governmental functions.
          (2) Performance of work pursuant to section 2463 of 
        title 10 United States Code.
          (3) Ability to maintain sufficient organic expertise 
        and technical capability.
          (4) Performance of work that, while the position may 
        not exercise an inherently governmental function, 
        nevertheless should be performed only by officers or 
        employees of the Federal Government or members of the 
        Armed Forces because of the critical nature of the 
        work.
  (d) Report Required.--The Secretary of Defense shall submit a 
report to the congressional defense committees on the 
implementation of this section at the same time that the 
defense budget materials for each of the four fiscal years 
after fiscal year 2009 are presented to Congress. The report 
shall include the following information regarding the 
implementation of this section during the preceding fiscal 
year:
          (1) The average number of military personnel, 
        civilian employees of the Department of Defense, and 
        contractor employees assigned to or detailed to 
        permanent duty in--
                  (A) the Office of the Secretary of Defense;
                  (B) the management headquarters activities 
                and management headquarters support activities 
                in the Defense Agencies and Department of 
                Defense Field Activities;
                  (C) the Office of the Secretary of the Army 
                and the Army Staff;
                  (D) the Office of the Secretary of the Navy, 
                the Office of Chief of Naval Operations, and 
                the Headquarters, Marine Corps; and
                  (E) the Office of the Secretary of the Air 
                Force and the Air Staff.
          (2) An estimate of the number of personnel hired 
        pursuant to an exception in subsection (a) in each 
        office described in subparagraphs (A) through (E) of 
        paragraph (1).
          (3) The amount of any adjustment in the limitation on 
        personnel made by the Secretary of Defense or the 
        secretary of a military department, and, for each 
        adjustment made pursuant to subsection (b)(2), the 
        purpose of the adjustment.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Extension of authority to build the capacity of the Pakistan 
          Frontier Corps.
Sec. 1202. Availability across fiscal years of funds for military-to-
          military contacts and comparable activities.
Sec. 1203. Availability across fiscal years of funds to pay incremental 
          expenses for participation of developing countries in combined 
          exercises.
Sec. 1204. Extension of temporary authority to use acquisition and 
          cross-servicing agreements to lend military equipment for 
          personnel protection and survivability.
Sec. 1205. Authority for distribution to certain foreign personnel of 
          education and training materials and information technology to 
          enhance military interoperability with the Armed Forces.
Sec. 1206. Modification and extension of authorities relating to program 
          to build the capacity of foreign military forces.
Sec. 1207. Extension of authority and increased funding for security and 
          stabilization assistance.
Sec. 1208. Extension and expansion of authority for support of special 
          operations to combat terrorism.
Sec. 1209. Increase in amount available for costs of education and 
          training of foreign military forces under Regional Defense 
          Combating Terrorism Fellowship Program.

          Subtitle B--Matters Relating to Iraq and Afghanistan

Sec. 1211. Limitation on availability of funds for certain purposes 
          relating to Iraq.
Sec. 1212. Report on status of forces agreements between the United 
          States and Iraq.
Sec. 1213. Strategy for United States-led Provincial Reconstruction 
          Teams in Iraq.
Sec. 1214. Commanders' Emergency Response Program.
Sec. 1215. Performance monitoring system for United States-led 
          Provincial Reconstruction Teams in Afghanistan.
Sec. 1216. Report on command and control structure for military forces 
          operating in Afghanistan.
Sec. 1217. Reports on enhancing security and stability in the region 
          along the border of Afghanistan and Pakistan.
Sec. 1218. Study and report on Police Transition Teams to train, assist, 
          and advise units of the Iraqi Police Service.

                        Subtitle C--Other Matters

Sec. 1231. Payment of personnel expenses for multilateral cooperation 
          programs.
Sec. 1232. Participation of the Department of Defense in multinational 
          military centers of excellence.
Sec. 1233. Review of security risks of participation by defense 
          contractors in certain space activities of the People's 
          Republic of China.
Sec. 1234. Report on Iran's capability to produce nuclear weapons.
Sec. 1235. Employment for resettled Iraqis.
Sec. 1236. Extension and modification of updates on report on claims 
          relating to the bombing of the Labelle Discotheque.
Sec. 1237. Report on utilization of certain global partnership 
          authorities.
Sec. 1238. Modification and repeal of requirement to submit certain 
          annual reports to Congress regarding allied contributions to 
          the common defense.

                  Subtitle A--Assistance and Training

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN 
                    FRONTIER CORPS.

  (a) Authority.--Subsection (a) of section 1206 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 366) is amended by striking ``during 
fiscal year 2008'' and inserting ``during fiscal years 2008 and 
2009''.
  (b) Funding Limitation.--Subsection (c)(1) of such section is 
amended by inserting after ``fiscal year 2008'' the following: 
``and up to $25,000,000 of funds available to the Department of 
Defense for operation and maintenance for fiscal year 2009''.

SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-TO-
                    MILITARY CONTACTS AND COMPARABLE ACTIVITIES.

  (a) In General.--Section 168(e) of title 10, United States 
Code, is amended by adding at the end the following new 
paragraph:
  ``(5) Funds available to carry out this section shall be 
available, to the extent provided in appropriations Acts, for 
programs or activities under this section that begin in a 
fiscal year and end in the following fiscal year.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on October 1, 2008, and shall apply with 
respect to programs and activities under section 168 of title 
10, United States Code, as so amended, that begin on or after 
that date.

SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY INCREMENTAL 
                    EXPENSES FOR PARTICIPATION OF DEVELOPING COUNTRIES 
                    IN COMBINED EXERCISES.

  (a) In General.-- Section 2010 of title 10, United States 
Code, is amended--
          (1) by redesignating subsection (d) as subsection 
        (e); and
          (2) by inserting after subsection (c) the following 
        new subsection:
  ``(d) Funds available to carry out this section shall be 
available, to the extent provided in appropriations Acts, for 
bilateral or multilateral military exercises that begin in a 
fiscal year and end in the following fiscal year.''.
  (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on October 1, 2008, and shall apply with 
respect to bilateral and multilateral military exercises 
described in section 2010 of title 10, United States Code, as 
so amended, that begin on or after that date.

SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND 
                    CROSS-SERVICING AGREEMENTS TO LEND MILITARY 
                    EQUIPMENT FOR PERSONNEL PROTECTION AND 
                    SURVIVABILITY.

  (a) Semiannual Reports to Congressional Committees.--
Subsection (b)(3) of section 1202 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2412) is amended by adding at the end the 
following new subparagraph:
                  ``(E) With respect to equipment provided to 
                each foreign force that is not returned to the 
                United States, a description of the terms of 
                disposition of the equipment to the foreign 
                force.
                  ``(F) The percentage of equipment provided to 
                foreign forces under the authority of this 
                section that is not returned to the United 
                States.''.
  (b) Expiration.--Subsection (e) of such section, as amended 
by section 1252(b) of National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 402), is 
further amended by striking ``September 30, 2009'' and 
inserting ``September 30, 2011''.

SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF 
                    EDUCATION AND TRAINING MATERIALS AND INFORMATION 
                    TECHNOLOGY TO ENHANCE MILITARY INTEROPERABILITY 
                    WITH THE ARMED FORCES.

  (a) Authority for Distribution.--
          (1) In general.--Subchapter I of chapter 134 of title 
        10, United States Code, is amended by adding at the end 
        the following new section:

``Sec. 2249d. Distribution to certain foreign personnel of education 
                    and training materials and information technology 
                    to enhance military interoperability with the armed 
                    forces

  ``(a) Distribution Authorized.--To enhance interoperability 
between the armed forces and military forces of friendly 
foreign nations, the Secretary of Defense, with the concurrence 
of the Secretary of State, may--
          ``(1) provide to personnel referred to in subsection 
        (b) electronically-distributed learning content for the 
        education and training of such personnel for the 
        development or enhancement of allied and friendly 
        military and civilian capabilities for multinational 
        operations, including joint exercises and coalition 
        operations; and
          ``(2) provide information technology, including 
        computer software developed for such purpose, but only 
        to the extent necessary to support the use of such 
        learning content for the education and training of such 
        personnel.
  ``(b) Authorized Recipients.--The personnel to whom learning 
content and information technology may be provided under 
subsection (a) are military and civilian personnel of a 
friendly foreign government, with the permission of that 
government.
  ``(c) Education and Training.--Any education and training 
provided under subsection (a) shall include the following:
          ``(1) Internet-based education and training.
          ``(2) Advanced distributed learning and similar 
        Internet learning tools, as well as distributed 
        training and computer-assisted exercises.
  ``(d) Applicability of Export Control Regimes.--The provision 
of learning content and information technology under this 
section shall be subject to the provisions of the Arms Export 
Control Act (22 U.S.C. 2751 et seq.) and any other export 
control regime under law relating to the transfer of military 
technology to foreign nations.
  ``(e) Guidance on Utilization of Authority.--
          ``(1) Guidance required.--The Secretary of Defense 
        shall develop and issue guidance on the procedures for 
        the use of the authority in this section.
          ``(2) Modification.--If the Secretary modifies the 
        guidance issued under paragraph (1), the Secretary 
        shall submit to the appropriate committees of Congress 
        a report setting forth the modified guidance not later 
        than 30 days after the date of such modification.
  ``(f) Annual Report.--
          ``(1) Report required.--Not later than October 31 
        following each fiscal year in which the authority in 
        this section is used, the Secretary of Defense shall 
        submit to the appropriate committees of Congress a 
        report on the exercise of the authority during such 
        fiscal year.
          ``(2) Elements.--Each report under paragraph (1) 
        shall include, for the fiscal year covered by such 
        report, the following:
                  ``(A) A statement of the recipients of 
                learning content and information technology 
                provided under this section.
                  ``(B) A description of the type, quantity, 
                and value of the learning content and 
                information technology provided under this 
                section.
  ``(g) Appropriate Committees of Congress Defined.--In this 
section, the term `appropriate committees of Congress' means--
          ``(1) the Committee on Armed Services and the 
        Committee on Foreign Relations of the Senate; and
          ``(2) the Committee on Armed Services and the 
        Committee on Foreign Affairs of the House of 
        Representatives.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of chapter 134 of such title 
        is amended by adding at the end the following new item:

``2249d. Distribution to certain foreign personnel of education and 
          training materials and information technology to enhance 
          military interoperability with the armed forces.''.

  (b) Guidance on Utilization of Authority.--
          (1) Submittal to congress.--Not later than 30 days 
        after issuing the guidance required by section 2249d(e) 
        of title 10, United States Code, as added by subsection 
        (a), the Secretary of Defense shall submit to the 
        Committees on Armed Services of the Senate and the 
        House of Representatives a report setting forth such 
        guidance.
          (2) Utilization of similar guidance.--In developing 
        the guidance required by section 2249d(e) of title 10, 
        United States Code, as so added, the Secretary may 
        utilize applicable portions of the current guidance 
        developed by the Secretary under subsection (f) of 
        section 1207 of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-
        364; 120 Stat. 2419) for purposes of the exercise of 
        the authority in such section 1207.
  (c) Repeal of Superseded Authority.--
          (1) In general.--Section 1207 of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007 
        is repealed.
          (2) Submittal of final report on exercise of 
        authority.--If the Secretary of Defense exercised the 
        authority in section 1207 of the John Warner National 
        Defense Authorization Act for Fiscal Year 2007 during 
        fiscal year 2008, the Secretary shall submit the report 
        required by subsection (g) of such section for such 
        fiscal year in accordance with the provisions of such 
        subsection (g) without regard to the repeal of such 
        section under paragraph (1).
  (d) Effective Date.--This section and the amendments made by 
this section shall take effect on October 1, 2008.

SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO 
                    PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY 
                    FORCES.

  (a) Building of Capacity of Additional Foreign Forces.--
Subsection (a) of section 1206 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3456), as amended by section 1206 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364; 120 Stat. 2418), is further amended by striking 
``a program'' and all that follows and inserting ``a program or 
programs as follows:
          ``(1) To build the capacity of a foreign country's 
        national military forces in order for that country to--
                  ``(A) conduct counterterrorism operations; or
                  ``(B) participate in or support military and 
                stability operations in which the United States 
                Armed Forces are participating.
          ``(2) To build the capacity of a foreign country's 
        maritime security forces to conduct counterterrorism 
        operations.''.
  (b) Funding.--Subsection (c) of such section, as so amended, 
is further amended--
          (1) in paragraph (1), by striking ``$300,000,000'' 
        and inserting ``$350,000,000''; and
          (2) by adding at the end the following new paragraph:
          ``(4) Availability of funds for activities across 
        fiscal years.--Amounts available under this subsection 
        for the authority in subsection (a) for a fiscal year 
        may be used for programs under that authority that 
        begin in such fiscal year but end in the next fiscal 
        year.''.
  (c) Three-Year Extension of Authority.--Subsection (g) of 
such section, as so amended, is further amended--
          (1) by striking ``September 30, 2008'' and inserting 
        ``September 30, 2011''; and
          (2) by striking ``fiscal year 2006, 2007, or 2008'' 
        and inserting ``fiscal years 2006 through 2011''.
  (d) Effective Date.--The amendment made by subsection (b)(2) 
shall take effect on October 1, 2008, and shall apply with 
respect to programs under the authority in subsection (a) of 
section 1206 of the National Defense Authorization Act for 
Fiscal Year 2006, as so amended, that begin on or after that 
date.

SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR SECURITY 
                    AND STABILIZATION ASSISTANCE.

  (a) Prohibition on Budget Support.--Subsection (a) of section 
1207 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 119 Stat. 3458) is amended--
          (1) by striking ``The Secretary of Defense'' and 
        inserting the following:
          ``(1) In general.--The Secretary of Defense''; and
          (2) by adding at the end the following new paragraph:
          ``(2) Prohibition on budget support.--Nothing in this 
        section shall be construed to authorize the provision 
        of budget support to any foreign country.''.
  (b) Assistance to Georgia During Fiscal Year 2009.--
Subsection (b) of such section is amended--
          (1) by striking ``The aggregate value'' and inserting 
        the following:
          ``(1) In general.--Except as provided in paragraph 
        (2), the aggregate value''; and
          (2) by adding at the end the following new paragraph:
          ``(2) Assistance to georgia during fiscal year 
        2009.--
                  ``(A) In general.--The Secretary of Defense 
                is authorized during fiscal year 2009 to 
                exercise the authority of subsection (a) to 
                provide services to, and transfer defense 
                articles and funds to, the Secretary of State 
                for the purposes of facilitating the provision 
                by the Secretary of State of reconstruction, 
                security, or stabilization assistance to the 
                country of Georgia.
                  ``(B) Limitation.--The aggregate value of all 
                services, defense articles, and funds provided 
                or transferred to the Secretary of State under 
                this section for Georgia in fiscal year 2009--
                          ``(i) may not exceed $50,000,000; and
                          ``(ii) shall not count against the 
                        dollar amount limitation specified in 
                        paragraph (1) for such fiscal year.''.
  (c) Extension of Authority.--Subsection (g) of such section, 
as amended by section 1210(b) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 369), is further amended by striking ``September 30, 
2008'' and inserting ``September 30, 2009''.
  (d) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2008.

SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL 
                    OPERATIONS TO COMBAT TERRORISM.

  (a) In General.--Subsection (a) of section 1208 of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108-375; 118 Stat. 2086) is amended--
          (1) by inserting ``, with the concurrence of the 
        relevant Chief of Mission,'' after ``may''; and
          (2) by striking ``$25,000,000'' and inserting 
        ``$35,000,000''.
  (b) Timing of Notice on Provision of Support.--Subsection (c) 
of such section is amended by striking ``in not less than 48 
hours'' and inserting ``within 48 hours''.
  (c) Extension.--Subsection (h) of such section, as amended by 
section 1202(c) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is 
further amended by striking ``2010'' and inserting ``2013''.
  (d) Technical Amendment.--The heading of such section is 
amended by striking ``military operations'' and inserting 
``special operations''.
  (e) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2008.

SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND 
                    TRAINING OF FOREIGN MILITARY FORCES UNDER REGIONAL 
                    DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.

  (a) Increase in Amount.--Section 2249c(b) of title 10, United 
States Code, is amended by striking ``$25,000,000'' and 
inserting ``$35,000,000''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on October 1, 2008, and shall apply with 
respect to fiscal years beginning on or after that date.

          Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES 
                    RELATING TO IRAQ.

  No funds appropriated pursuant to an authorization of 
appropriations in this Act may be obligated or expended for a 
purpose as follows:
          (1) To establish any military installation or base 
        for the purpose of providing for the permanent 
        stationing of United States Armed Forces in Iraq.
          (2) To exercise United States control of the oil 
        resources of Iraq.

SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE UNITED 
                    STATES AND IRAQ.

  (a) Requirement for Report.--
          (1) In general.--(A) Not later than 90 days after the 
        date of the enactment of this Act, the President shall 
        transmit to the appropriate congressional committees a 
        report on any agreement that has been completed between 
        the United States and Iraq relating to--
                  (i) the legal status of United States 
                military personnel, civilian personnel, and 
                contractor personnel of contracts awarded by 
                any department or agency of the United States 
                Government;
                  (ii) the establishment of or access to 
                military bases;
                  (iii) the rules of engagement under which 
                United States Armed Forces operate in Iraq; and
                  (iv) any security commitment, arrangement, or 
                assurance that obligates the United States to 
                respond to internal or external threats against 
                Iraq.
          (B) If, on the date that is 90 days after the date of 
        the enactment of this Act, no agreement between the 
        United States and Iraq described in subparagraph (A) 
        has been completed, the President shall notify the 
        appropriate congressional committees that no such 
        agreement has been completed, and shall transmit to the 
        appropriate congressional committees the report 
        required under subparagraph (A) as soon as practicable 
        after such an agreement or agreements are completed.
          (2) Update of report.--The President shall transmit 
        to the appropriate congressional committees an update 
        of the report required under paragraph (1) whenever an 
        agreement between the United States and Iraq relating 
        to the matters described in the report is substantially 
        revised.
  (b) Matters to Be Included.--The report required under 
subsection (a) shall include, with respect to each agreement 
described in subsection (a), the following:
          (1) A description of any conditions placed on United 
        States combat operations by the Government of Iraq, 
        including required coordination, if any, before such 
        operations can be undertaken.
          (2) A description of any constraints placed on United 
        States military personnel, civilian personnel, and 
        contractor personnel of contracts awarded by any 
        department or agency of the United States Government as 
        a result of such conditions.
          (3) A description of the conditions under which 
        United States military personnel, civilian personnel, 
        or contractor personnel of contracts awarded by any 
        department or agency of the United States Government 
        could be tried by an Iraqi court for alleged crimes 
        occurring both during the performance of official 
        duties and during other such times, and the protections 
        that such personnel would be extended in an Iraqi 
        court, if applicable.
          (4) An assessment of authorities under the agreement 
        for United States Armed Forces and Coalition partners 
        to apprehend, detain, and interrogate prisoners and 
        otherwise collect intelligence.
          (5) A description of any security commitment, 
        arrangement, or assurance that obligates the United 
        States to respond to internal or external threats 
        against Iraq, including the manner in which such 
        commitment, arrangement, or assurance may be 
        implemented.
          (6) An assessment of any payments required under the 
        agreement to be paid to the Government of Iraq or other 
        Iraqi entities for rights, access, or support for bases 
        and facilities.
          (7) An assessment of any payments required under the 
        agreement for any claims for deaths and damages caused 
        by United States military personnel, civilian 
        personnel, and contractor personnel of contracts 
        awarded by any department or agency of the United 
        States Government in the performance of their official 
        duties.
          (8) A description of the arrangements required under 
        the agreement to resolve disputes arising over matters 
        contained in the agreement or to consider changes to 
        the agreement.
          (9) A discussion of the extent to which the agreement 
        applies to other Coalition partners.
          (10) A description of how the agreement can be 
        terminated by the United States or Iraq.
  (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex.
  (d) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Armed Services and the Committee 
        on Foreign Affairs of the House of Representatives; and
          (2) the Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
  (e) Termination of Requirement.--
          (1) In general.--Except as provided in paragraph (2), 
        the requirement to transmit the report and updates of 
        the report under subsection (a) terminates on December 
        31, 2009.
          (2) Exception.--The requirement to transmit the 
        report and updates of the report under subsection (a) 
        terminates before December 31, 2009, if the following 
        conditions are met:
                  (A) The President transmits to the 
                appropriate congressional committees the text 
                of any agreement between the United States and 
                Iraq described in subsection (a)(1)(A) and any 
                amendment or update thereto.
                  (B) Within 30 days of transmission of the 
                agreement, the President makes available 
                appropriate senior officials to brief the 
                appropriate congressional committees on the 
                matters covered by the agreement or any 
                amendment or update thereto.

SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVINCIAL RECONSTRUCTION 
                    TEAMS IN IRAQ.

  (a) In General.--The President shall establish and implement 
a strategy for United States-led Provincial Reconstruction 
Teams (PRTs), including embedded PRTs and Provincial Support 
Teams, in Iraq that ensures that such United States-led PRTs 
are--
          (1) supporting the operational and strategic goals of 
        the Multi-National Force--Iraq; and
          (2) developing the capacity of national, provincial, 
        and local government and other civil institutions in 
        Iraq to assume increasing responsibility for the 
        formulation, implementation, and oversight of 
        reconstruction and development activities.
  (b) Elements of Strategy.--At a minimum, the strategy 
required under subsection (a) shall include--
          (1) a mission statement and clearly defined 
        objectives for United States-led PRTs as a whole;
          (2) a mission statement and clearly defined 
        objectives for each United States-led PRT; and
          (3) measures of effectiveness and performance 
        indicators for meeting the objectives of each United 
        States-led PRT as described in paragraph (2).
  (c) Report.--
          (1) In general.--Not later than 90 days after the 
        date of the enactment of this Act, and every 90 days 
        thereafter through the end of fiscal year 2010, the 
        President shall transmit to the appropriate 
        congressional committees a report on the implementation 
        of the strategy required under subsection (a), 
        including an assessment of the specific contributions 
        United States-led PRTs are making to implement the 
        strategy. The initial report required under this 
        subsection should include a general description of the 
        strategy required under subsection (a) and a general 
        discussion of the elements of the strategy required 
        under subsection (b).
          (2) Inclusion in other report.--The report required 
        under this subsection may be included in the report 
        required by section 1227 of the National Defense 
        Authorization Act for Fiscal Year 2006 (Public Law 109-
        163; 119 Stat. 3465).
  (d) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of 
        the House of Representatives; and
          (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations 
        of the Senate.

SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

  (a) Authority for Fiscal Years 2008 and 2009.--Subsection (a) 
of section 1202 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as 
amended by section 1205 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366), 
is further amended in the matter preceding paragraph (1)--
          (1) by striking ``$977,441,000'' and inserting 
        ``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 
        in fiscal year 2009,''; and
          (2) by striking ``in such fiscal year''.
  (b) Quarterly Reports.--Subsection (b) of such section, as so 
amended, is further amended--
          (1) in the heading, by inserting ``and Briefings'' 
        after ``Reports'';
          (2) by striking ``Not later than'' and inserting the 
        following:
          ``(1) In general.--Not later than''; and
          (3) by adding at the end the following new 
        paragraphs:
          ``(2) Additional matters to be included.--In addition 
        to the information described in paragraph (1), each 
        report required under paragraph (1) that contains 
        information on projects carried out using funds 
        authorized under the Commanders' Emergency Response 
        Program in Iraq shall include the following:
                  ``(A) A listing of each project for which 
                amounts in excess of $500,000 provided through 
                the Commanders' Emergency Response Program in 
                Iraq were expended.
                  ``(B) A written statement by the Secretary of 
                Defense, or the Deputy Secretary of Defense if 
                the authority under subsection (f) is delegated 
                to the Deputy Secretary of Defense, affirming 
                that the certification required under 
                subsection (f) was issued for each project in 
                Iraq for which amounts in excess of $1,000,000 
                provided through the Commanders' Emergency 
                Response Program in Iraq were expended.
                  ``(C) For each project listed in subparagraph 
                (A), the following information:
                          ``(i) A description and justification 
                        for carrying out the project
                          ``(ii) A description of the extent of 
                        involvement by the Government of Iraq 
                        in the project, including--
                                  ``(I) the amount of funds 
                                provided by the Government of 
                                Iraq for the project; and
                                  ``(II) a description of the 
                                plan for the transition of such 
                                project upon completion to the 
                                people of Iraq and for the 
                                sustainment of any completed 
                                facilities, including any 
                                commitments by the Government 
                                of Iraq to sustain projects 
                                requiring the support of the 
                                Government of Iraq for 
                                sustainment.
                          ``(iii) A description of the current 
                        status of the project, including, where 
                        appropriate, the projected completion 
                        date.
                  ``(D) A description of the status of 
                transitioning activities carried out under the 
                Commanders' Emergency Response Program in Iraq 
                to the Government of Iraq, including--
                          ``(i) the level of funding provided 
                        by the Government of Iraq for the 
                        Government of Iraq Commanders' 
                        Emergency Response Program (commonly 
                        known as `I-CERP');
                          ``(ii) the level of funding provided 
                        and expended by the Government of Iraq 
                        in other programs designed to meet 
                        urgent humanitarian relief and 
                        reconstruction requirements that 
                        immediately assist the Iraqi people; 
                        and
                          ``(iii) a description of the progress 
                        made in transitioning the 
                        responsibility for the Sons of Iraq 
                        Program to the Government of Iraq.
          ``(3) Briefings.--Not later than 15 days after the 
        submission of each report under paragraph (1), 
        appropriate officials of the Department of Defense 
        shall meet with the congressional defense committees to 
        brief such committees on the matters contained in the 
        report.''.
  (c) Prohibition on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--Such section, as so 
amended, is further amended--
          (1) by redesignating subsection (e) as subsection 
        (f); and
          (2) by inserting after subsection (d) the following 
        new subsection:
  ``(e) Prohibition on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--
          ``(1) Prohibition.--Except as provided in paragraph 
        (2), funds made available under this section for the 
        Commanders' Emergency Response Program in Iraq may not 
        be obligated or expended to carry out any project 
        commenced after the date of the enactment of the Duncan 
        Hunter National Defense Authorization Act for Fiscal 
        Year 2009 if the total amount of such funds made 
        available for the purpose of carrying out the project 
        exceeds $2,000,000.
          ``(2) Exception.--The prohibition contained in 
        paragraph (1) shall not apply with respect to funds 
        managed or controlled by the Department of Defense that 
        were otherwise provided by another department or agency 
        of the United States Government, the Government of 
        Iraq, the government of a foreign country, a foundation 
        or other charitable organization (including a 
        foundation or charitable organization that is organized 
        or operates under the laws of a foreign country), or 
        any source in the private sector of the United States 
        or a foreign country.
          ``(3) Waiver.--The Secretary of Defense may waive the 
        prohibition contained in paragraph (1) if the Secretary 
        of Defense--
                  ``(A) determines that such a waiver is 
                required to meet urgent humanitarian relief and 
                reconstruction requirements that will 
                immediately assist the Iraqi people; and
                  ``(B) submits in writing, within 15 days of 
                issuing such waiver, to the congressional 
                defense committees a notification of the 
                waiver, together with a discussion of--
                          ``(i) the unmet and urgent needs to 
                        be addressed by the project; and
                          ``(ii) any arrangements between the 
                        Government of the United States and the 
                        Government of Iraq regarding the 
                        provision of Iraqi funds for carrying 
                        out and sustaining the project.''.
  (d) Certification on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--Such section, as so 
amended, is further amended--
          (1) by redesignating subsection (f), as redesignated 
        by subsection (c) of this section, as subsection (g); 
        and
          (2) by inserting after subsection (e), as added by 
        subsection (c) of this section, the following new 
        subsection:
  ``(f) Certification on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--
          ``(1) Certification.--Funds made available under this 
        section for the Commanders' Emergency Response Program 
        in Iraq may not be obligated or expended to carry out 
        any project commenced after the date of the enactment 
        of the Duncan Hunter National Defense Authorization Act 
        for Fiscal Year 2009 if the total amount of such funds 
        made available for the purpose of carrying out the 
        project exceeds $1,000,000 unless the Secretary of 
        Defense certifies that the project addresses urgent 
        humanitarian relief and reconstruction requirements 
        that will immediately assist the Iraqi people.
          ``(2) Delegation.--The Secretary may delegate the 
        authority under paragraph (1) to the Deputy Secretary 
        of Defense.''.
  (e) Sense of Congress.--It is the sense of Congress that the 
Government of Iraq should assume increasing responsibility for 
funding and carrying out projects currently funded by the 
United States through the Commanders' Emergency Response 
Program, and should assume all costs associated with the Sons 
of Iraq program as expeditiously as possible.

SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-LED 
                    PROVINCIAL RECONSTRUCTION TEAMS IN AFGHANISTAN.

  (a) In General.--The President, acting through the Secretary 
of Defense and the Secretary of State, shall develop and 
implement a system to monitor the performance of United States-
led Provincial Reconstruction Teams (PRTs) in Afghanistan.
  (b) Elements of Performance Monitoring System.--The 
performance monitoring system required under subsection (a) 
shall include--
          (1) PRT-specific work plans that incorporate the 
        long-term strategy, mission, and clearly defined 
        objectives required by section 1230(c)(3) of the 
        National Defense Authorization Act for Fiscal Year 2008 
        (Public Law 110-181; 122 Stat. 386), and include plans 
        for developing the capacity of national, provincial, 
        and local government and other civil institutions in 
        Afghanistan to assume increasing responsibility for the 
        formulation, implementation, and oversight of 
        reconstruction and development activities; and
          (2) comprehensive performance indicators and measures 
        of progress toward sustainable long-term security and 
        stability in Afghanistan, and include performance 
        standards and progress goals together with a notional 
        timetable for achieving such goals, consistent with the 
        requirements of section 1230(d) of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-
        181; 122 Stat. 388).
  (c) Report.--Not later than 90 days after the date of the 
enactment of this Act, the President shall submit to the 
appropriate congressional committees a report on the 
implementation of the performance monitoring system required 
under subsection (a).
  (d) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of 
        the House of Representatives; and
          (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations 
        of the Senate.

SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR MILITARY FORCES 
                    OPERATING IN AFGHANISTAN.

  (a) Report Required.--Not later than 60 days after the date 
of the enactment of this Act, or December 1, 2008, whichever 
occurs later, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the command 
and control structure for military forces operating in 
Afghanistan.
  (b) Matters to Be Included.--The report required under 
subsection (a) shall include the following:
          (1) A detailed description of efforts by the 
        Secretary of Defense, in coordination with senior 
        leaders of NATO ISAF forces, including the commander of 
        NATO ISAF forces, to modify the chain of command 
        structure for military forces operating in Afghanistan 
        to better coordinate and de-conflict military 
        operations and achieve unity of command whenever 
        possible in Afghanistan, and the results of such 
        efforts, including--
                  (A) any United States or NATO ISAF plan for 
                improving the command and control structure for 
                military forces operating in Afghanistan; and
                  (B) any efforts to establish a headquarters 
                in Afghanistan that is led by a commander--
                          (i) with command authority over NATO 
                        ISAF forces and separate United States 
                        forces operating under Operation 
                        Enduring Freedom and charged with 
                        closely coordinating the efforts of 
                        such forces; and
                          (ii) responsible for coordinating 
                        other United States and international 
                        security efforts in Afghanistan.
          (2) A description of how rules of engagement are 
        determined and managed for United States forces 
        operating under NATO ISAF or Operation Enduring 
        Freedom, and a description of any key differences 
        between rules of engagement for NATO ISAF forces and 
        separate United States forces operating under Operation 
        Enduring Freedom.
          (3) An assessment of how any modifications to the 
        command and control structure for military forces 
        operating in Afghanistan would impact coordination of 
        military and civilian efforts in Afghanistan.
  (c) Update of Report.--The Secretary of Defense shall submit 
to the appropriate congressional committees an update of the 
report required under subsection (a) as warranted by any 
modifications to the command and control structure for military 
forces operating in Afghanistan as described in the report.
  (d) Form.--The report required under subsection (a) and any 
update of the report required under subsection (c) shall be 
submitted in an unclassified form, but may include a classified 
annex, if necessary.
  (e) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Armed Services and the Committee 
        on Foreign Affairs of the House of Representatives; and
          (2) the Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.

SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE REGION 
                    ALONG THE BORDER OF AFGHANISTAN AND PAKISTAN.

  (a) Additional Reports Required.--Subsection (a) of section 
1232 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 392) is amended--
          (1) in the heading of paragraph (1), by striking ``In 
        general'' and inserting ``Initial report'';
          (2) by striking paragraph (4);
          (3) by redesignating paragraph (3) as paragraph (4); 
        and
          (4) by inserting after paragraph (2) the following 
        new paragraph:
          ``(3) Subsequent reports.--Concurrent with the 
        submission of each report submitted under section 1230 
        after the date of the enactment of the Duncan Hunter 
        National Defense Authorization Act for Fiscal Year 
        2009, the Secretary of Defense, in consultation with 
        the Secretary of State, shall submit to the appropriate 
        congressional committees, a report on enhancing 
        security and stability in the region along the border 
        of Afghanistan and Pakistan. Each such report shall 
        include the following:
                  ``(A) A description of the matters required 
                to be included in the initial report required 
                under paragraph (1).
                  ``(B) A description of any peace agreements 
                between the Government of Pakistan and tribal 
                leaders from regions along the Afghanistan-
                Pakistan border that contain commitments to 
                prevent cross-border incursions into 
                Afghanistan and any mechanisms in such 
                agreements to enforce such commitments.
                  ``(C) An assessment of the effectiveness of 
                such peace agreements in preventing cross-
                border incursions and of the Government of 
                Pakistan in enforcing those agreements.''.
  (b) Copy of Notification Relating to Department of Defense 
Coalition Support Funds for Pakistan.--Subsection (b)(1) of 
such section is amended by adding at the end the following new 
subparagraph:
                  ``(C) Copy of notification.--The Secretary of 
                Defense shall submit to the Committee on 
                Foreign Affairs of the House of Representatives 
                and the Committee on Foreign Relations of the 
                Senate a copy of each notification required 
                under subparagraph (A).''.
  (c) Additional Information on Department of Defense Coalition 
Support Funds for Pakistan.--Subsection (b) of such section is 
amended--
          (1) by redesignating paragraph (5) as paragraph (6); 
        and
          (2) by inserting after paragraph (4) the following 
        new paragraph:
          ``(5) Requirement to submit information relating to 
        claims disallowed or deferred by the united states.--
                  ``(A) In general.--The Secretary of Defense 
                shall submit, in the manner specified in 
                subparagraph (B), an itemized description of 
                the costs claimed by the Government of Pakistan 
                for logistical, military, or other support 
                provided by Pakistan to the United States for 
                which the United States will disallow or defer 
                reimbursement to the Government of Pakistan 
                under the authority of any provision of law 
                described in paragraph (1)(B).
                  ``(B) Manner of submission.--
                          ``(i) In general.--To the maximum 
                        extent practicable, the Secretary shall 
                        submit each itemized description of 
                        costs required under subparagraph (A) 
                        as part of the notification required 
                        under paragraph (1).
                          ``(ii) Alternative submission.--To 
                        the extent that an itemized description 
                        of costs required under subparagraph 
                        (A) is not submitted in accordance with 
                        clause (i), the Secretary shall submit 
                        such description not later than 180 
                        days after the date on which a decision 
                        to disallow or defer reimbursement for 
                        the costs claimed is made.
                  ``(C) Form.--Each itemized description of 
                costs required under subparagraph (B) shall be 
                submitted in an unclassified form, but may 
                include a classified annex, if necessary.''.
  (d) Extension of Notification Requirement Relating to 
Department of Defense Coalition Support Funds for Pakistan.--
Subsection (b)(6) of such section, as redesignated by 
subsection (c) of this section, is amended by striking 
``September 30, 2009'' and inserting ``September 30, 2010''.
  (e) Report Relating to Department of Defense Coalition 
Support Funds for Pakistan.--Such section is further amended by 
adding at the end the following new subsection:
  ``(c) Report Relating to Department of Defense Coalition 
Support Funds for Pakistan.--
          ``(1) Report required.--Not later than 180 days after 
        the date of the enactment of the Duncan Hunter National 
        Defense Authorization Act for Fiscal Year 2009, the 
        Secretary of Defense shall submit to the appropriate 
        congressional committees a report that contains a 
        detailed description of efforts by the Secretary of 
        Defense to address the findings and implement the 
        recommendations made by the Government Accountability 
        Office in its report entitled `Combating Terrorism: 
        Increased Oversight and Accountability Needed Over 
        Pakistan Reimbursement Claims for Coalition Support 
        Funds' (GAO-08-806; June 24, 2008).
          ``(2) Appropriate congressional committee defined.--
        In this subsection, the term `appropriate congressional 
        committees' has the meaning given the term in 
        subsection (a)(5).''.

SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO TRAIN, 
                    ASSIST, AND ADVISE UNITS OF THE IRAQI POLICE 
                    SERVICE.

  (a) Study and Report.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State and the Government of 
Iraq, shall conduct a study and submit to the appropriate 
congressional committees a report containing the 
recommendations of the Secretary of Defense on--
          (1) the number of personnel required for Police 
        Transition Teams to train, assist, and advise units of 
        the Iraqi Police Service in fiscal year 2009 and in 
        fiscal year 2010;
          (2) the funding required to support the level of 
        personnel described in paragraph (1) in fiscal year 
        2009 and in fiscal year 2010; and
          (3) the feasibility of transferring responsibility 
        for the provision of the personnel described in 
        paragraph (1) and the support described in paragraph 
        (2) from the Department of Defense to the Department of 
        State.
  (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex if required.
  (c) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Armed Services and the Committee 
        on Foreign Affairs of the House of Representatives; and
          (2) the Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.

                       Subtitle C--Other Matters

SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL COOPERATION 
                    PROGRAMS.

  (a) Expansion of Authority for Bilateral and Regional 
Programs to Cover Multilateral Programs.--Section 1051 of title 
10, United States Code, is amended--
          (1) in subsection (a), by striking ``a bilateral'' 
        and inserting ``a multilateral, bilateral,''; and
          (2) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) by striking ``to and'' and 
                        inserting ``to, from, and''; and
                          (ii) by striking ``bilateral'' and 
                        inserting ``multilateral, bilateral,''; 
                        and
                  (B) in paragraph (2), by striking 
                ``bilateral'' and inserting ``multilateral, 
                bilateral,''.
  (b) Availability of Funds for Programs and Activities Across 
Fiscal Years.--
          (1) In general.--Such section is further amended by 
        adding at the end the following new subsection:
  ``(e) Funds available to carry out this section shall be 
available, to the extent provided in appropriations Acts, for 
programs and activities under this section that begin in a 
fiscal year and end in the following fiscal year.''.
          (2) Effective date.--The amendment made by paragraph 
        (1) shall take effect on October 1, 2008, and shall 
        apply with respect to programs and activities under 
        section 1051 of title 10, United States Code, as so 
        amended, that begin on or after that date.
  (c) Conforming and Clerical Amendments.--
          (1) Heading amendment.--The heading of such section 
        is amended to read as follows:

``Sec. 1051. Multilateral, bilateral, or regional cooperation programs: 
                    payment of personnel expenses''.

          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 53 of such title is amended by 
        striking the item relating to section 1051 and 
        inserting the following new item:

``1051. Multilateral, bilateral, or regional cooperation programs: 
          payment of personnel expenses.''.

SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL 
                    MILITARY CENTERS OF EXCELLENCE.

  (a) Participation Authorized.--
          (1) In general.--Subchapter II of chapter 138 of 
        title 10, United States Code, is amended by adding at 
        the end the following new section:

``Sec. 2350m. Participation in multinational military centers of 
                    excellence

  ``(a) Participation Authorized.--The Secretary of Defense 
may, with the concurrence of the Secretary of State, authorize 
the participation of members of the armed forces and Department 
of Defense civilian personnel in any multinational military 
center of excellence for purposes of--
          ``(1) enhancing the ability of military forces and 
        civilian personnel of the nations participating in such 
        center to engage in joint exercises or coalition or 
        international military operations; or
          ``(2) improving interoperability between the armed 
        forces and the military forces of friendly foreign 
        nations.
  ``(b) Memorandum of Understanding.--(1) The participation of 
members of the armed forces or Department of Defense civilian 
personnel in a multinational military center of excellence 
under subsection (a) shall be in accordance with the terms of 
one or more memoranda of understanding entered into by the 
Secretary of Defense, with the concurrence of the Secretary of 
State, and the foreign nation or nations concerned.
  ``(2) If Department of Defense facilities, equipment, or 
funds are used to support a multinational military center of 
excellence under subsection (a), the memoranda of understanding 
under paragraph (1) with respect to that center shall provide 
details of any cost-sharing arrangement or other funding 
arrangement.
  ``(c) Availability of Appropriated Funds.--(1) Funds 
appropriated to the Department of Defense for operation and 
maintenance are available as follows:
          ``(A) To pay the United States share of the operating 
        expenses of any multinational military center of 
        excellence in which the United States participates 
        under this section.
          ``(B) To pay the costs of the participation of 
        members of the armed forces and Department of Defense 
        civilian personnel in multinational military centers of 
        excellence under this section, including the costs of 
        expenses of such participants.
  ``(2) No funds may be used under this section to fund the pay 
or salaries of members of the armed forces and Department of 
Defense civilian personnel who participate in multinational 
military centers of excellence under this section.
  ``(d) Use of Department of Defense Facilities and 
Equipment.--Facilities and equipment of the Department of 
Defense may be used for purposes of the support of 
multinational military centers of excellence under this section 
that are hosted by the Department.
  ``(e) Annual Reports on Use of Authority.--(1) Not later than 
October 31, 2009, and annually thereafter, the Secretary of 
Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives a report on the use of the authority in this 
section during the preceding fiscal year.
  ``(2) Each report required by paragraph (1) shall include, 
for the fiscal year covered by such report, the following:
          ``(A) A detailed description of the participation of 
        the Department of Defense, and of members of the armed 
        forces and civilian personnel of the Department, in 
        multinational military centers of excellence under the 
        authority of this section.
          ``(B) For each multinational military center of 
        excellence in which the Department of Defense, or 
        members of the armed forces or civilian personnel of 
        the Department, so participated--
                  ``(i) a description of such multinational 
                military center of excellence;
                  ``(ii) a description of the activities 
                participated in by the Department, or by 
                members of the armed forces or civilian 
                personnel of the Department; and
                  ``(iii) a statement of the costs of the 
                Department for such participation, including--
                          ``(I) a statement of the United 
                        States share of the expenses of such 
                        center and a statement of the 
                        percentage of the United States share 
                        of the expenses of such center to the 
                        total expenses of such center; and
                          ``(II) a statement of the amount of 
                        such costs (including a separate 
                        statement of the amount of costs paid 
                        for under the authority of this section 
                        by category of costs).
  ``(f) Multinational Military Center of Excellence Defined.--
In this section, the term `multinational military center of 
excellence' means an entity sponsored by one or more nations 
that is accredited and approved by the Military Committee of 
the North Atlantic Treaty Organization (NATO) as offering 
recognized expertise and experience to personnel participating 
in the activities of such entity for the benefit of NATO by 
providing such personnel opportunities to--
          ``(1) enhance education and training;
          ``(2) improve interoperability and capabilities;
          ``(3) assist in the development of doctrine; and
          ``(4) validate concepts through experimentation.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 138 of such title 
        is amended by adding at the end the following new item:

``2350m. Participation in multinational military centers of 
          excellence.''.

  (b) Repeal of Superseded Authority.--Section 1205 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2416) is repealed.
  (c) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2008.

SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE 
                    CONTRACTORS IN CERTAIN SPACE ACTIVITIES OF THE 
                    PEOPLE'S REPUBLIC OF CHINA.

  (a) Review Required.--The Secretary of Defense shall conduct 
a review to determine whether there are any security risks 
associated with participation by covered contractors in certain 
space activities of the People's Republic of China.
  (b) Matters to Be Included.--The review required under 
subsection (a) shall include, at a minimum, a review of the 
following:
          (1) Whether there have been any incidents with 
        respect to which a determination has been made that an 
        improper disclosure of covered information by a covered 
        contractor has occurred during the five-year period 
        ending on the date of the enactment of this Act.
          (2) The increase, if any, in the number of covered 
        contractors expected to occur during the 5-year period 
        beginning on the date of the enactment of this Act.
          (3) The extent to which the policies and procedures 
        of the Department of Defense are sufficient to protect 
        against the improper disclosure of covered information 
        by a covered contractor during the 5-year period 
        beginning on the date of the enactment of this Act.
          (4) The Secretary's conclusions regarding awards of 
        contracts by the Department of Defense to covered 
        contractors after the date of the enactment of this 
        Act.
          (5) Any other matters that the Secretary determines 
        to be appropriate to include in the review.
  (c) Cooperation From Other Departments and Agencies.--The 
Secretary of State, the Director of National Intelligence, and 
the head of any other United States Government department or 
agency shall cooperate in a complete and timely manner to 
provide the Secretary of Defense with data and other 
information necessary for the Secretary of Defense to carry out 
the review required under subsection (a).
  (d) Report.--
          (1) In general.--Not later than March 1, 2009, the 
        Secretary of Defense shall submit to the congressional 
        defense committees a report on the review required 
        under subsection (a).
          (2) Form.--The report required under this subsection 
        shall include a summary in unclassified form to the 
        maximum extent practicable.
  (e) Definitions.--In this section:
          (1) Certain space activities of the people's republic 
        of china.--The term ``certain space activities of the 
        People's Republic of China'' means--
                  (A) the development or manufacture of 
                satellites for launch from the People's 
                Republic of China; and
                  (B) the launch of satellites from the 
                People's Republic of China.
          (2) Covered contractor.--The term ``covered 
        contractor'' means a contractor of the Department of 
        Defense, and any subcontractor (at any tier) of the 
        contractor, that--
                  (A) has access to covered information; and
                  (B) participates, or is part of a joint 
                venture that participates, or whose parent, 
                sister, subsidiary, or affiliate company 
                participates, in certain space activities in 
                the People's Republic of China.
          (3) Covered information.--The term ``covered 
        information'' means classified information and 
        sensitive controlled unclassified information obtained 
        under contracts (or subcontracts of such contracts) of 
        the Department of Defense.

SEC. 1234. REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR WEAPONS.

  (a) Report Required.--Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter, the 
Director of National Intelligence shall submit to Congress a 
report on Iran's capability to produce nuclear weapons. The 
report required under this subsection may be submitted in 
classified form.
  (b) Matters to Be Included.--The report required under 
subsection (a) shall include the following:
          (1) The locations, types, and number of centrifuges 
        and other specialized equipment necessary for the 
        enrichment of uranium and any plans to acquire, 
        manufacture, and operate such equipment in the future.
          (2) An estimate of the amount, if any, of highly 
        enriched uranium and weapons grade plutonium acquired 
        or produced to date, an estimate of the amount of 
        weapons grade plutonium that is likely to be produced 
        or acquired in the near- and mid-terms and the amount 
        of highly enriched uranium that is likely to be 
        produced or acquired in the near- and mid-terms, and 
        the number of nuclear weapons that could be produced 
        with such materials.
          (3) A evaluation of the extent to which security and 
        safeguards at any nuclear site prevent, slow, verify, 
        or help monitor the enrichment of uranium or the 
        reprocessing of plutonium into weapons-grade materials.
          (4) A description of any weaponization activities, 
        such as the research, design, development, or testing 
        of nuclear weapons or weapons-related components.
          (5) A description of any programs to construct, 
        acquire, test, or improve methods to deliver nuclear 
        weapons, including an assessment of the likely progress 
        of such programs in the near- and mid-terms.
          (6) A summary of assessments made by allies of the 
        United States of Iran's nuclear weapons program and 
        nuclear-capable delivery systems programs.
  (c) Notification.--The President shall notify Congress, in 
writing, within 15 days of determining that--
          (1) Iran has resumed a nuclear weapons program;
          (2) Iran has met or surpassed any major milestone in 
        its nuclear weapons program; or
          (3) Iran has undertaken to accelerate, decelerate, or 
        cease the development of any significant element within 
        its nuclear weapons program.

SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS.

  (a) In General.--The Secretary of Defense and the Secretary 
of State are authorized to jointly establish and operate a 
temporary program to offer employment as translators, 
interpreters, or cultural awareness instructors to individuals 
described in subsection (b). Individuals described in such 
subsection may be appointed to temporary positions of one year 
or less outside Iraq with either the Department of Defense or 
the Department of State, without competition and without regard 
for the provisions of chapter 51 and subchapter III of chapter 
53 of title 5, United States Code. Such individuals may also be 
hired as personal services contractors by either of such 
Departments to provide translation, interpreting, or cultural 
awareness instruction, except that such individuals so hired 
shall not by virtue of such employment be considered employees 
of the United States Government, except for purposes of chapter 
81 of title 5, United States Code, and chapter 171 of title 28, 
United States Code.
  (b) Eligibility.--Individuals referred to in subsection (a) 
are Iraqi nationals who--
          (1) have received a special immigrant visa issued 
        pursuant to section 1059 of the National Defense 
        Authorization Act for Fiscal Year 2006 (Public Law 109-
        163) or section 1244 of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-
        181); and
          (2) are lawfully present in the United States.
  (c) Funding.--
          (1) In general.--Except as provided in paragraph (2), 
        the program established under subsection (a) shall be 
        funded from the annual general operating budget of the 
        Department of Defense.
          (2) Exception.--The Secretary of State shall 
        reimburse the Department of Defense for any costs 
        associated with individuals described in subsection (b) 
        whose work is for or on behalf of the Department of 
        State.
  (d) Rule of Construction Regarding Access to Classified 
Information.--Nothing in this section may be construed as 
affecting in any manner practices and procedures regarding the 
handling of or access to classified information.
  (e) Information Sharing.--The Secretary of Defense and the 
Secretary of State shall work with the Secretary of Homeland 
Security and the Office of Refugee Resettlement of the 
Department of Health and Human Services to ensure that 
individuals described in subsection (b) are informed of the 
program established under subsection (a).
  (f) Regulation.--The Secretary of Defense, jointly with the 
Secretary of State and with the concurrence of the Director of 
the Office of Personnel Management, shall prescribe such 
regulations as are necessary to carry out the program 
established under subsection (a), including ensuring the 
suitability for employment described in subsection (a) of 
individuals described in subsection (b), determining the number 
of positions, and establishing pay scales and hiring 
procedures.
  (g) Termination.--
          (1) In general.--Except as provided in paragraph (2), 
        the program established under subsection (a) shall 
        terminate on December 31, 2014.
          (2) Earlier termination.--If the Secretary of 
        Defense, jointly with the Secretary of State, 
        determines that the program established under 
        subsection (a) should terminate before the date 
        specified in paragraph (1), the Secretaries may 
        terminate the program if the Secretaries notify 
        Congress in writing of such termination at least 180 
        days before such termination.

SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON CLAIMS 
                    RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE.

  Section 1225(b) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as 
amended by section 1261(1)(B) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 405), is further amended--
          (1) in paragraph (2)--
                  (A) by striking ``Not later than one year 
                after enactment of this Act, and not later than 
                two years after enactment of this Act'' and 
                inserting ``Not later than 90 days after the 
                date of the enactment of the Duncan Hunter 
                National Defense Authorization Act for Fiscal 
                Year 2009, and every 180 days thereafter''; and
                  (B) by adding at the end the following new 
                sentence: ``Each update under this paragraph 
                after the date of the enactment of the Duncan 
                Hunter National Defense Authorization Act for 
                Fiscal Year 2009 shall be submitted in 
                unclassified form, but may include a classified 
                annex.''; and
          (2) by adding at the end the following new paragraph:
          ``(3) Termination.--The requirement to submit updates 
        under paragraph (2) shall terminate upon submission by 
        the Secretary of State to Congress of the certification 
        described in section 5(a)(2) of the Libya Claims 
        Resolution Act (Public Law 110-301; 122 Stat. 3000).''.

SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP 
                    AUTHORITIES.

  (a) In General.--Not later than December 31, 2010, the 
Secretary of Defense and the Secretary of State shall jointly 
submit to the appropriate committees of Congress a report on 
the implementation of the Building Global Partnership 
authorities during the period beginning on the date of the 
enactment of this Act and ending on September 30, 2010.
  (b) Elements.--The report required by subsection (a) shall 
include the following:
          (1) A detailed summary of the programs conducted 
        under the Building Global Partnership authorities 
        during the period covered by the report, including, for 
        each country receiving assistance under such a program, 
        a description of the assistance provided and its cost.
          (2) An assessment of the impact of the assistance 
        provided under the Building Global Partnership 
        authorities with respect to each country receiving 
        assistance under such authorities.
          (3) A description of--
                  (A) the processes used by the Department of 
                Defense and the Department of State to jointly 
                formulate, prioritize, and select projects to 
                be funded under the Building Global Partnership 
                authorities; and
                  (B) the processes, if any, used by the 
                Department of Defense and the Department of 
                State to evaluate the success of each project 
                so funded after its completion.
          (4) A statement of the projects initiated under the 
        Building Global Partnership authorities that were 
        subsequently transitioned to and sustained under the 
        authorities of the Foreign Assistance Act of 1961 or 
        other authorities.
          (5) An assessment of the utility of the Building 
        Global Partnership authorities, and of any gaps in such 
        authorities, including an assessment of the feasability 
        and advisability of continuing such authorities beyond 
        their current dates of expiration (whether in their 
        current form or with such modifications as the 
        Secretary of Defense and the Secretary of State jointly 
        consider appropriate).
  (c) Definitions.--In this section:
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Armed Services, the 
                Committee on Appropriations, and the Committee 
                on Foreign Relations of the Senate; and
                  (B) the Committee on Armed Services, the 
                Committee on Appropriations, and the Committee 
                on Foreign Affairs of the House of 
                Representatives.
          (2) Building global partnership authorities.--The 
        term ``Building Global Partnership authorities'' means 
        the following:
                  (A) Authority for building capacity of 
                foreign military forces.--The authorities 
                provided in section 1206 of the National 
                Defense Authorization Act for Fiscal Year 2006 
                (Public Law 109-163; 119 Stat. 3456), as 
                amended by section 1206 of the John Warner 
                National Defense Authorization Act for Fiscal 
                Year 2007 (Public Law 109-364; 120 Stat. 2418) 
                and section 1206 of this Act.
                  (B) Authority for security and stabilization 
                assistance.--The authorities provided in 
                section 1207 of the National Defense 
                Authorization Act for Fiscal Year 2006 (119 
                Stat. 3458), as amended by section 1210 of the 
                National Defense Authorization Act for Fiscal 
                Year 2008 (Public Law 110-181; 122 Stat. 369) 
                and section 1207 of this Act.
                  (C) Civic assistance authorities under 
                combatant commander initiative fund.--The 
                authority to engage in urgent and unanticipated 
                civic assistance under the Combatant Commander 
                Initiative Fund under section 166a(b)(6) of 
                title 10, United States Code, as a result of 
                the amendments made by section 902 of the John 
                Warner National Defense Authorization Act for 
                Fiscal Year 2007 (120 Stat. 2351).

SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT CERTAIN 
                    ANNUAL REPORTS TO CONGRESS REGARDING ALLIED 
                    CONTRIBUTIONS TO THE COMMON DEFENSE.

  (a) Modification of Certain Reports on Allied Contributions 
to the Common Defense.--Section 1003 of the Department of 
Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 
2576) is amended--
          (1) by striking subsections (c) and (d); and
          (2) adding at the end the following new subsections:
  ``(c) The Secretary of Defense shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives each year, not later 
than March 1, a report containing a description of--
          ``(1) annual defense spending by each member nation 
        of NATO, by each member nation of the Euro-Atlantic 
        Partnership Council (EAPC), and by Japan, including 
        available nominal budget figures and defense spending 
        as a percentage of the respective nation's gross 
        domestic product for the fiscal year immediately 
        preceding the fiscal year in which the report is 
        submitted;
          ``(2) activities of each NATO member nation, each 
        EAPC member nation, and Japan to contribute to military 
        or stability operations in which the United States 
        Armed Forces are a participant;
          ``(3) any limitations that such nations place on the 
        use of their national contributions described in 
        paragraph (2); and
          ``(4) any actions undertaken by the United States 
        Government to minimize those limitations described in 
        paragraph (3).
  ``(d) The report required under subsection (c) shall be 
submitted in unclassified form, but may include a classified 
annex.''
  (b) Repeal of Report on Cost-Sharing.--Section 1313 of the 
National Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103-337; 108 Stat. 2894) is amended--
          (1) by striking subsection (c); and
          (2) by redesignating subsection (d) as subsections 
        (c).

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1302. Funding allocations.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
                    FUNDS.

  (a) Specification of Cooperative Threat Reduction Programs.--
For purposes of section 301 and other provisions of this Act, 
Cooperative Threat Reduction programs are the programs 
specified in section 1501 of the National Defense Authorization 
Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
  (b) Fiscal Year 2009 Cooperative Threat Reduction Funds 
Defined.--As used in this title, the term ``fiscal year 2009 
Cooperative Threat Reduction funds'' means the funds 
appropriated pursuant to the authorization of appropriations in 
section 301 for Cooperative Threat Reduction programs.
  (c) Availability of Funds.--Funds appropriated pursuant to 
the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs shall be available for 
obligation for fiscal years 2009, 2010, and 2011.

SEC. 1302. FUNDING ALLOCATIONS.

  (a) Funding for Specific Purposes.--Of the $434,135,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2009 in section 301(19) for Cooperative Threat 
Reduction programs, the following amounts may be obligated for 
the purposes specified:
          (1) For strategic offensive arms elimination in 
        Russia, $79,985,000.
          (2) For strategic nuclear arms elimination in 
        Ukraine, $6,400,000.
          (3) For nuclear weapons storage security in Russia, 
        $24,101,000.
          (4) For nuclear weapons transportation security in 
        Russia, $40,800,000.
          (5) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $59,286,000.
          (6) For biological threat reduction in the former 
        Soviet Union, $184,463,000.
          (7) For chemical weapons destruction, $1,000,000.
          (8) For defense and military contacts, $8,000,000.
          (9) For new Cooperative Threat Reduction initiatives, 
        $10,000,000.
          (10) For activities designated as Other Assessments/
        Administrative Costs, $20,100,000.
  (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2009 Cooperative Threat Reduction 
funds may be obligated or expended for a purpose other than a 
purpose listed in paragraphs (1) through (10) of subsection (a) 
until 15 days after the date that the Secretary of Defense 
submits to Congress a report on the purpose for which the funds 
will be obligated or expended and the amount of funds to be 
obligated or expended. Nothing in the preceding sentence shall 
be construed as authorizing the obligation or expenditure of 
fiscal year 2009 Cooperative Threat Reduction funds for a 
purpose for which the obligation or expenditure of such funds 
is specifically prohibited under this title or any other 
provision of law.
  (c) Limited Authority to Vary Individual Amounts.--
          (1) In general.--Subject to paragraph (2), in any 
        case in which the Secretary of Defense determines that 
        it is necessary to do so in the national interest, the 
        Secretary may obligate amounts appropriated for fiscal 
        year 2009 for a purpose listed in paragraphs (1) 
        through (10) of subsection (a) in excess of the 
        specific amount authorized for that purpose.
          (2) Notice-and-wait required.--An obligation of funds 
        for a purpose stated in paragraphs (1) through (10) of 
        subsection (a) in excess of the specific amount 
        authorized for such purpose may be made using the 
        authority provided in paragraph (1) only after--
                  (A) the Secretary submits to Congress 
                notification of the intent to do so together 
                with a complete discussion of the justification 
                for doing so; and
                  (B) 15 days have elapsed following the date 
                of the notification.

                    TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. National Defense Sealift Fund amendments.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the 
          National Defense Stockpile.

                Subtitle C--Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 
          Home.

                     Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

  Funds are hereby authorized to be appropriated for fiscal 
year 2009 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for providing capital 
for working capital and revolving funds in amounts as follows:
          (1) For the Defense Working Capital Funds, 
        $198,150,000.
          (2) For the Defense Working Capital Fund, Defense 
        Commissary, $1,291,084,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

  Funds are hereby authorized to be appropriated for fiscal 
year 2009 for the National Defense Sealift Fund in the amount 
of $1,608,572,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

  (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2009 for expenses, not otherwise provided for, for 
the Defense Health Program, in the amount of $24,966,917,000, 
of which--
          (1) $24,467,074,000 is for Operation and Maintenance;
          (2) $195,938,000 is for Research, Development, Test, 
        and Evaluation; and
          (3) $303,905,000 is for Procurement.
  (b) Source of Certain Funds.--Of the amount available under 
subsection (a), $1,300,000,000 shall, to the extent provided in 
advance in an Act making appropriations for fiscal year 2009, 
be available by transfer from the National Defense Stockpile 
Transaction Fund established under subsection (a) of section 9 
of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98h).

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

  (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2009 for expenses, not otherwise provided for, for 
Chemical Agents and Munitions Destruction, Defense, in the 
amount of $1,485,634,000, of which--
          (1) $1,152,668,000 is for Operation and Maintenance;
          (2) $268,881,000 is for Research, Development, Test, 
        and Evaluation; and
          (3) $64,085,000 is for Procurement.
  (b) Use.--Amounts authorized to be appropriated under 
subsection (a) are authorized for--
          (1) the destruction of lethal chemical agents and 
        munitions in accordance with section 1412 of the 
        Department of Defense Authorization Act, 1986 (50 
        U.S.C. 1521); and
          (2) the destruction of chemical warfare materiel of 
        the United States that is not covered by section 1412 
        of such Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

  Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2009 for expenses, not 
otherwise provided for, for Drug Interdiction and Counter-Drug 
Activities, Defense-wide, in the amount of $1,060,463,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

  Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2009 for expenses, not 
otherwise provided for, for the Office of the Inspector General 
of the Department of Defense, in the amount of $273,845,000, of 
which--
          (1) $270,445,000 is for Operation and Maintenance; 
        and
          (2) $3,400,000 is for Procurement.

SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

  Section 2218 of title 10, United States Code, is amended--
          (1) by striking subsection (j) and redesignating 
        subsections (k) and (l) as subsections (j) and (k), 
        respectively; and
          (2) in paragraph (2) of subsection (k) (as so 
        redesignated), by striking subparagraphs (B) thru (I) 
        and inserting the following new subparagraph (B):
          ``(B) Any other auxiliary vessel that was procured or 
        chartered with specific authorization in law for the 
        vessel, or class of vessels, to be funded in the 
        National Defense Sealift Fund.''.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

  (a) Obligation of Stockpile Funds.--During fiscal year 2009, 
the National Defense Stockpile Manager may obligate up to 
$41,153,000 of the funds in the National Defense Stockpile 
Transaction Fund established under subsection (a) of section 9 
of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98h) for the authorized uses of such funds under 
subsection (b)(2) of such section, including the disposal of 
hazardous materials that are environmentally sensitive.
  (b) Additional Obligations.--The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager 
notifies Congress that extraordinary or emergency conditions 
necessitate the additional obligations. The National Defense 
Stockpile Manager may make the additional obligations described 
in the notification after the end of the 45-day period 
beginning on the date on which Congress receives the 
notification.
  (c) Limitations.--The authorities provided by this section 
shall be subject to such limitations as may be provided in 
appropriations Acts.

SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM THE 
                    NATIONAL DEFENSE STOCKPILE.

  (a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)(7) 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as 
most recently amended by section 1412(b) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 418), is further amended by striking 
``$1,066,000,000 by the end of fiscal year 2015'' and inserting 
``$1,386,000,000 by the end of fiscal year 2016''.
  (b) Fiscal Year 1998 Disposal Authority.--Section 3305(a)(5) 
of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105-85; 50 U.S.C. 98d note), as most recently 
amended by section 3302(b) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2513), is further amended by striking ``2008'' and 
inserting ``2009''.

                Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT 
                    HOME.

  There is authorized to be appropriated for fiscal year 2009 
from the Armed Forces Retirement Home Trust Fund the sum of 
$63,010,000 for the operation of the Armed Forces Retirement 
Home.

  TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION 
              IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Authorization of additional appropriations for operations in 
          Afghanistan and Iraq for fiscal year 2009.
Sec. 1502. Requirement for separate display of budgets for Afghanistan 
          and Iraq.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Science and technology investment strategy to defeat or 
          counter improvised explosive devices.
Sec. 1505. Limitations on Iraq Security Forces Fund.
Sec. 1506. Limitations on Afghanistan Security Forces Fund.
Sec. 1507. Special transfer authority.
Sec. 1508. Prohibition on use of United States funds for certain 
          facilities projects in Iraq and contributions by the 
          Government of Iraq to combined operations and other activities 
          in Iraq.

SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN 
                    AFGHANISTAN AND IRAQ FOR FISCAL YEAR 2009.

  (a) Authorization of Previously Appropriated Amounts.--In 
addition to the amounts otherwise authorized to be appropriated 
by division A of this Act, the amounts appropriated for fiscal 
year 2009 in chapter 2 of title IX of the Supplemental 
Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2405-
2414) are hereby authorized to be appropriated.
  (b) Additional Authorization.--In addition to the amounts 
otherwise authorized to be appropriated by division A of this 
Act and subsection (a), funds in the amount of $2,076,000,000 
are hereby authorized to be appropriated for aircraft 
procurement, Air Force, for the purpose of acquiring six C-17 
aircraft.

SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR AFGHANISTAN 
                    AND IRAQ.

  (a) Operations in Iraq and Afghanistan.--In any annual or 
supplemental budget request for the Department of Defense that 
is submitted to Congress after the date of the enactment of 
this Act, the Secretary of Defense shall set forth separately 
any funding requested in such budget request for--
          (1) operations of the Department of Defense in 
        Afghanistan; and
          (2) operations of the Department of Defense in Iraq.
  (b) Specificity of Display.--Each budget request covered by 
subsection (a) shall, for any funding requested for operations 
in Iraq or Afghanistan--
          (1) clearly display the amount of such funding at the 
        appropriation account level and at the program, 
        project, or activity level; and
          (2) include a detailed description of the assumptions 
        underlying the funding for the period covered by the 
        budget request, including the anticipated troop levels, 
        the operations intended to be carried out, and the 
        equipment reset requirements necessary to support such 
        operations.

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

  (a) Use and Transfer of Funds.--Subsections (b) and (c) of 
section 1514 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439), 
as amended by subsection (b), shall apply to the funds 
appropriated pursuant to the authorization of appropriations in 
section 1501 of this Act and made available to the Department 
of Defense for the Joint Improvised Explosive Device Defeat 
Fund.
  (b) Modification of Funds Transfer Authority.--Section 
1514(c)(1) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) 
is amended--
          (1) by striking subparagraph (A); and
          (2) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (A) through (D), respectively.
  (c) Prior Notice of Transfer of Funds.--Section 1514(c)(4) of 
the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended by 
inserting after ``five days'' the following: ``(in the case of 
the obligation of funds) or 15 days (in the case of a transfer 
of funds)''.
  (d) Monthly Obligations and Expenditure Reports.--Not later 
than 15 days after the end of each month of fiscal year 2009, 
the Secretary of Defense shall provide to the congressional 
defense committees a report on the Joint Improvised Explosive 
Device Defeat Fund explaining monthly commitments, obligations, 
and expenditures by line of action.
  (e) Modification of Submittal Date of Other Reports.--Section 
1514(e) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2440) is 
amended by striking ``30 days'' and inserting ``60 days''.

SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO DEFEAT OR 
                    COUNTER IMPROVISED EXPLOSIVE DEVICES.

  (a) Strategy Required.--The Director of the Joint Improvised 
Explosive Device Defeat Organization (JIEDDO), jointly with the 
Director of Defense Research and Engineering, shall develop a 
comprehensive science and technology investment strategy for 
countering the threat of improvised explosive devices (IEDs).
  (b) Elements.--The strategy developed under subsection (a) 
shall include the following:
          (1) Identification of counter-IED capability gaps.
          (2) A taxonomy describing the major technical areas 
        for the Department of Defense to address the counter-
        IED capability gaps and in which science and technology 
        funding investments should be made.
          (3) Identification of funded programs to develop or 
        mature technologies from or to the level of system or 
        subsystem model or prototype demonstration in a 
        relevant environment, and investment levels for those 
        initiatives.
          (4) Identification of JIEDDO's mechanisms for 
        coordinating Department of Defense and Federal 
        Government science and technology activities in areas 
        covered by the strategy.
          (5) Identification of technology transition 
        mechanisms developed or utilized to efficiently 
        transition technologies to acquisition programs of the 
        Department of Defense or into operational use, 
        including a summary of counter-IED technologies 
        transitioned from JIEDDO, the military departments, and 
        other Defense Agencies to the acquisition programs or 
        into operational use.
          (6) Identification of high priority basic research 
        efforts that should be addressed through JIEDDO or 
        other Department of Defense activities to support 
        development of next generation IED defeat capabilities.
          (7) Identification of barriers or issues, such as 
        industrial base, workforce, or statutory or regulatory 
        barriers, that could hinder the efficient and effective 
        development and operational use of advanced IED defeat 
        capabilities, and discussion of activities undertaken 
        to address them.
          (8) Identification of the measures of effectiveness 
        for the overall Department of Defense science and 
        technology counter-IED effort.
          (9) Such other matters as the Director of the JIEDDO 
        and the Director of Defense Research and Engineering 
        consider appropriate.
  (c) Report.--Not later than March 1, 2009, and each March 1 
thereafter through March 1, 2013, the Director of the JIEDDO 
and the Director of Defense Research and Engineering shall 
jointly submit to the congressional defense committees a report 
describing the implementation of the strategy developed under 
subsection (a). The report may be in unclassified and 
classified format, as necessary.

SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

  Funds appropriated pursuant to the authorization of 
appropriations in section 1501 of this Act or in the 
Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 
Stat. 2407) and made available to the Department of Defense for 
the Iraq Security Forces Fund shall be subject to the 
conditions contained in subsections (b) through (g) of section 
1512 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 426).

SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.

  Funds appropriated pursuant to the authorization of 
appropriations in section 1501 of this Act or in the 
Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 
Stat. 2407) and made available to the Department of Defense for 
the Afghanistan Security Forces Fund shall be subject to the 
conditions contained in subsections (b) through (g) of section 
1513 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 428).

SEC. 1507. SPECIAL TRANSFER AUTHORITY.

  (a) Authority To Transfer Authorizations.--
          (1) Authority.--Upon determination by the Secretary 
        of Defense that such action is necessary in the 
        national interest, the Secretary may transfer amounts 
        of authorizations made available to the Department of 
        Defense in this title for fiscal year 2009 between any 
        such authorizations for that fiscal year (or any 
        subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for 
        the same purposes as the authorization to which 
        transferred.
          (2) Limitation.--The total amount of authorizations 
        that the Secretary may transfer under the authority of 
        this section may not exceed $4,000,000,000.
  (b) Terms and Conditions.--Transfers under this section shall 
be subject to the same terms and conditions as transfers under 
section 1001.
  (c) Additional Authority.--The transfer authority provided by 
this section is in addition to the transfer authority provided 
under section 1001.

SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR CERTAIN 
                    FACILITIES PROJECTS IN IRAQ AND CONTRIBUTIONS BY 
                    THE GOVERNMENT OF IRAQ TO COMBINED OPERATIONS AND 
                    OTHER ACTIVITIES IN IRAQ.

  (a) Prohibition Related to Facilities for Government of 
Iraq.--
          (1) Prohibition on availability of united states 
        funds for projects.--Except as provided in paragraph 
        (2), amounts authorized to be appropriated by this 
        title may not be obligated or expended for the 
        acquisition, conversion, rehabilitation, or 
        installation of facilities in Iraq for the use of the 
        Government of Iraq, political subdivisions of Iraq, or 
        agencies, departments, or forces of the Government of 
        Iraq or such political subdivisions.
          (2) Exceptions.--
                  (A) Exception for cerp.--The prohibition in 
                paragraph (1) does not apply to amounts 
                authorized to be appropriated by this title for 
                the Commanders' Emergency Response Program 
                (CERP).
                  (B) Exception for military construction.--The 
                prohibition in paragraph (1) does not apply to 
                military construction (as defined in section 
                2801 of title 10, United States Code), carried 
                out in Iraq.
                  (C) Exception for technical assistance.--The 
                prohibition in paragraph (1) does not apply to 
                the provision of technical assistance necessary 
                to assist the Government of Iraq to carry out 
                facilities projects on its own behalf.
  (b) Combined Operations.--
          (1) Cost sharing.--The United States Government shall 
        initiate negotiations with the Government of Iraq on an 
        agreement under which the Government of Iraq shall 
        share with the United States Government the costs of 
        combined operations of the Government of Iraq and the 
        Multi-National Forces Iraq undertaken as part of 
        Operation Iraqi Freedom.
          (2) Report.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State 
        shall, in conjunction with the Secretary of Defense, 
        submit to Congress a report describing the status of 
        negotiations under paragraph (1).
  (c) Iraqi Security Forces.--
          (1) Use of iraq funds.--The United States Government 
        shall take actions to ensure that Iraq funds are used 
        to pay the costs of the salaries, training, equipping, 
        and sustainment of Iraqi Security Forces.
          (2) Reports.--Not later than 90 days after the date 
        of the enactment of this Act, and every 180 days 
        thereafter, the President shall submit to Congress a 
        report setting forth an assessment of the progress made 
        in meeting the requirements of paragraph (1).

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and 
          stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.

SEC. 1601. SHORT TITLE.

  This title may be cited as the ``Reconstruction and 
Stabilization Civilian Management Act of 2008''.

SEC. 1602. FINDINGS.

  Congress finds the following:
          (1) In June 2004, the Office of the Coordinator for 
        Reconstruction and Stabilization (referred to as the 
        ``Coordinator'') was established in the Department of 
        State with the mandate to lead, coordinate, and 
        institutionalize United States Government civilian 
        capacity to prevent or prepare for post-conflict 
        situations and help reconstruct and stabilize a country 
        or region that is at risk of, in, or is in transition 
        from, conflict or civil strife.
          (2) In December 2005, the Coordinator's mandate was 
        reaffirmed by the National Security Presidential 
        Directive 44, which instructed the Secretary of State, 
        and at the Secretary's direction, the Coordinator, to 
        coordinate and lead integrated United States Government 
        efforts, involving all United States departments and 
        agencies with relevant capabilities, to prepare, plan 
        for, and conduct reconstruction and stabilization 
        operations.
          (3) National Security Presidential Directive 44 
        assigns to the Secretary, with the Coordinator's 
        assistance, the lead role to develop reconstruction and 
        stabilization strategies, ensure civilian interagency 
        program and policy coordination, coordinate interagency 
        processes to identify countries at risk of instability, 
        provide decision-makers with detailed options for an 
        integrated United States Government response in 
        connection with reconstruction and stabilization 
        operations, and carry out a wide range of other 
        actions, including the development of a civilian surge 
        capacity to meet reconstruction and stabilization 
        emergencies. The Secretary and the Coordinator are also 
        charged with coordinating with the Department of 
        Defense on reconstruction and stabilization responses, 
        and integrating planning and implementing procedures.
          (4) The Department of Defense issued Directive 
        3000.05, which establishes that stability operations 
        are a core United States military mission that the 
        Department of Defense must be prepared to conduct and 
        support, provides guidance on stability operations that 
        will evolve over time, and assigns responsibilities 
        within the Department of Defense for planning, 
        training, and preparing to conduct and support 
        stability operations.
          (5) The President's Fiscal Year 2009 Budget Request 
        to Congress includes $248.6 million for a Civilian 
        Stabilization Initiative that would vastly improve 
        civilian partnership with United States Armed Forces in 
        post-conflict stabilization situations, including by 
        establishing a Active Response Corps of 250 persons, a 
        Standby Response Corps of 2,000 persons, and a Civilian 
        Response Corps of 2,000 persons.

SEC. 1603. DEFINITIONS.

  In this title:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the United States Agency for 
        International Development.
          (2) Agency.--The term ``agency'' means any entity 
        included in chapter 1 of title 5, United States Code.
          (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.
          (4) Department.--Except as otherwise provided in this 
        title, the term ``Department'' means the Department of 
        State.
          (5) Personnel.--The term ``personnel'' means 
        individuals serving in any service described in section 
        2101 of title 5, United States Code, other than in the 
        legislative or judicial branch.
          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of State.

SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND 
                    STABILIZATION CRISES.

  Chapter 1 of part III of the Foreign Assistance Act of 1961 
(22 U.S.C. 2351 et seq.) is amended by inserting after section 
617 the following new section:

``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.

  ``(a) Assistance.--
          ``(1) In general.--If the President determines that 
        it is in the national security interests of the United 
        States for United States civilian agencies or non-
        Federal employees to assist in reconstructing and 
        stabilizing a country or region that is at risk of, in, 
        or is in transition from, conflict or civil strife, the 
        President may, in accordance with the provisions set 
        forth in section 614(a)(3), but notwithstanding any 
        other provision of law, and on such terms and 
        conditions as the President may determine, furnish 
        assistance to such country or region for reconstruction 
        or stabilization using funds described in paragraph 
        (2).
          ``(2) Funds described.--The funds referred to in 
        paragraph (1) are funds made available under any other 
        provision of this Act, and transferred or reprogrammed 
        for purposes of this section, and such transfer or 
        reprogramming shall be subject to the procedures 
        applicable to a notification under section 634A of this 
        Act.
          ``(3) Rule of construction.--Nothing in this section 
        shall be construed to provide authority to transfer 
        funds between accounts or between Federal departments 
        or agencies.
  ``(b) Limitation.--The authority contained in this section 
may be exercised only during fiscal years 2009, 2010, and 
2011.''.

SEC. 1605. RECONSTRUCTION AND STABILIZATION.

  Title I of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2651a et seq.) is amended by adding at the end the 
following new section:

``SEC. 62. RECONSTRUCTION AND STABILIZATION.

  ``(a) Office of the Coordinator for Reconstruction and 
Stabilization.--
          ``(1) Establishment.--There is established within the 
        Department of State the Office of the Coordinator for 
        Reconstruction and Stabilization.
          ``(2) Coordinator for reconstruction and 
        stabilization.--The head of the Office shall be the 
        Coordinator for Reconstruction and Stabilization, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate. The Coordinator shall 
        report directly to the Secretary.
          ``(3) Functions.--The functions of the Office of the 
        Coordinator for Reconstruction and Stabilization shall 
        include the following:
                  ``(A) Monitoring, in coordination with 
                relevant bureaus and offices of the Department 
                of State and the United States Agency for 
                International Development (USAID), political 
                and economic instability worldwide to 
                anticipate the need for mobilizing United 
                States and international assistance for the 
                reconstruction and stabilization of a country 
                or region that is at risk of, in, or are in 
                transition from, conflict or civil strife.
                  ``(B) Assessing the various types of 
                reconstruction and stabilization crises that 
                could occur and cataloging and monitoring the 
                non-military resources and capabilities of 
                agencies (as such term is defined in section 
                1603 of the Reconstruction and Stabilization 
                Civilian Management Act of 2008) that are 
                available to address such crises.
                  ``(C) Planning, in conjunction with USAID, to 
                address requirements, such as demobilization, 
                disarmament, rebuilding of civil society, 
                policing, human rights monitoring, and public 
                information, that commonly arise in 
                reconstruction and stabilization crises.
                  ``(D) Coordinating with relevant agencies to 
                develop interagency contingency plans and 
                procedures to mobilize and deploy civilian 
                personnel and conduct reconstruction and 
                stabilization operations to address the various 
                types of such crises.
                  ``(E) Entering into appropriate arrangements 
                with agencies to carry out activities under 
                this section and the Reconstruction and 
                Stabilization Civilian Management Act of 2008.
                  ``(F) Identifying personnel in State and 
                local governments and in the private sector who 
                are available to participate in the Civilian 
                Reserve Corps established under subsection (b) 
                or to otherwise participate in or contribute to 
                reconstruction and stabilization activities.
                  ``(G) Taking steps to ensure that training 
                and education of civilian personnel to perform 
                such reconstruction and stabilization 
                activities is adequate and is carried out, as 
                appropriate, with other agencies involved with 
                stabilization operations.
                  ``(H) Taking steps to ensure that plans for 
                United States reconstruction and stabilization 
                operations are coordinated with and 
                complementary to reconstruction and 
                stabilization activities of other governments 
                and international and nongovernmental 
                organizations, to improve effectiveness and 
                avoid duplication.
                  ``(I) Maintaining the capacity to field on 
                short notice an evaluation team consisting of 
                personnel from all relevant agencies to 
                undertake on-site needs assessment.
  ``(b) Response Readiness Corps.--
          ``(1) Response readiness corps.--The Secretary, in 
        consultation with the Administrator of the United 
        States Agency for International Development and the 
        heads of other appropriate agencies of the United 
        States Government, may establish and maintain a 
        Response Readiness Corps (referred to in this section 
        as the `Corps') to provide assistance in support of 
        reconstruction and stabilization operations in 
        countries or regions that are at risk of, in, or are in 
        transition from, conflict or civil strife. The Corps 
        shall be composed of active and standby components 
        consisting of United States Government personnel, 
        including employees of the Department of State, the 
        United States Agency for International Development, and 
        other agencies who are recruited and trained (and 
        employed in the case of the active component) to 
        provide such assistance when deployed to do so by the 
        Secretary to support the purposes of this Act.
          ``(2) Civilian reserve corps.--The Secretary, in 
        consultation with the Administrator of the United 
        States Agency for International Development, may 
        establish a Civilian Reserve Corps for which purpose 
        the Secretary is authorized to employ and train 
        individuals who have the skills necessary for carrying 
        out reconstruction and stabilization activities, and 
        who have volunteered for that purpose. The Secretary 
        may deploy members of the Civilian Reserve Corps 
        pursuant to a determination by the President under 
        section 618 of the Foreign Assistance Act of 1961.
          ``(3) Mitigation of domestic impact.--The 
        establishment and deployment of any Civilian Reserve 
        Corps shall be undertaken in a manner that will avoid 
        substantively impairing the capacity and readiness of 
        any State and local governments from which Civilian 
        Reserve Corps personnel may be drawn.
  ``(c) Existing Training and Education Programs.--The 
Secretary shall ensure that personnel of the Department, and, 
in coordination with the Administrator of USAID, that personnel 
of USAID, make use of the relevant existing training and 
education programs offered within the Government, such as those 
at the Center for Stabilization and Reconstruction Studies at 
the Naval Postgraduate School and the Interagency Training, 
Education, and After Action Review Program at the National 
Defense University.''.

SEC. 1606. AUTHORITIES RELATED TO PERSONNEL.

  (a) Extension of Certain Foreign Service Benefits.--The 
Secretary, or the head of any agency with respect to personnel 
of that agency, may extend to any individuals assigned, 
detailed, or deployed to carry out reconstruction and 
stabilization activities pursuant to section 62 of the State 
Department Basic Authorities Act of 1956 (as added by section 
1605 of this title), the benefits or privileges set forth in 
sections 413, 704, and 901 of the Foreign Service Act of 1980 
(22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 4081) to the 
same extent and manner that such benefits and privileges are 
extended to members of the Foreign Service.
  (b) Authority Regarding Details.--The Secretary is authorized 
to accept details or assignments of any personnel, and any 
employee of a State or local government, on a reimbursable or 
nonreimbursable basis for the purpose of carrying out this 
title, and the head of any agency is authorized to detail or 
assign personnel of such agency on a reimbursable or 
nonreimbursable basis to the Department of State for purposes 
of section 62 of the State Department Basic Authorities Act of 
1956, as added by section 1605 of this title.

SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY.

  (a) In General.--The Secretary of State, in consultation with 
the Administrator of the United States Agency for International 
Development, shall develop an interagency strategy to respond 
to reconstruction and stabilization operations.
  (b) Contents.--The strategy required under subsection (a) 
shall include the following:
          (1) Identification of and efforts to improve the 
        skills sets needed to respond to and support 
        reconstruction and stabilization operations in 
        countries or regions that are at risk of, in, or are in 
        transition from, conflict or civil strife.
          (2) Identification of specific agencies that can 
        adequately satisfy the skills sets referred to in 
        paragraph (1).
          (3) Efforts to increase training of Federal civilian 
        personnel to carry out reconstruction and stabilization 
        activities.
          (4) Efforts to develop a database of proven and best 
        practices based on previous reconstruction and 
        stabilization operations.
          (5) A plan to coordinate the activities of agencies 
        involved in reconstruction and stabilization 
        operations.

SEC. 1608. ANNUAL REPORTS TO CONGRESS.

  Not later than 180 days after the date of the enactment of 
this Act and annually for each of the five years thereafter, 
the Secretary of State shall submit to the appropriate 
congressional committees a report on the implementation of this 
title. The report shall include detailed information on the 
following:
          (1) Any steps taken to establish a Response Readiness 
        Corps and a Civilian Reserve Corps, pursuant to section 
        62 of the State Department Basic Authorities Act of 
        1956 (as added by section 1605 of this title).
          (2) The structure, operations, and cost of the 
        Response Readiness Corps and the Civilian Reserve 
        Corps, if established.
          (3) How the Response Readiness Corps and the Civilian 
        Reserve Corps coordinate, interact, and work with other 
        United States foreign assistance programs.
          (4) An assessment of the impact that deployment of 
        the Civilian Reserve Corps, if any, has had on the 
        capacity and readiness of any domestic agencies or 
        State and local governments from which Civilian Reserve 
        Corps personnel are drawn.
          (5) The reconstruction and stabilization strategy 
        required by section 1607 and any annual updates to that 
        strategy.
          (6) Recommendations to improve implementation of 
        subsection (b) of section 62 of the State Department 
        Basic Authorities Act of 1956, including measures to 
        enhance the recruitment and retention of an effective 
        Civilian Reserve Corps.
          (7) A description of anticipated costs associated 
        with the development, annual sustainment, and 
        deployment of the Civilian Reserve Corps.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

  This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2009''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
                    SPECIFIED BY LAW.

  (a) Expiration of Authorizations After Three Years.--Except 
as provided in subsection (b), all authorizations contained in 
titles XXI through XXVII and title XXIX for military 
construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North 
Atlantic Treaty Organization Security Investment Program (and 
authorizations of appropriations therefor) shall expire on the 
later of--
          (1) October 1, 2011; or
          (2) the date of the enactment of an Act authorizing 
        funds for military construction for fiscal year 2012.
  (b) Exception.--Subsection (a) shall not apply to 
authorizations for military construction projects, land 
acquisition, family housing projects and facilities, and 
contributions to the North Atlantic Treaty Organization 
Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have 
been obligated before the later of--
          (1) October 1, 2011; or
          (2) the date of the enactment of an Act authorizing 
        funds for fiscal year 2012 for military construction 
        projects, land acquisition, family housing projects and 
        facilities, or contributions to the North Atlantic 
        Treaty Organization Security Investment Program.

SEC. 2003. EFFECTIVE DATE.

  Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX 
shall take effect on the later of--
          (1) October 1, 2008; or
          (2) the date of the enactment of this Act.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
          2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 
          2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006 
          projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005 
          project.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the 
installations or locations inside the United States, and in the 
amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Alabama.........................  Anniston Army Depot        $46,400,000
                                  Fort Rucker........         $6,800,000
                                  Redstone Arsenal...        $16,500,000
Alaska..........................  Fort Richardson....        $18,100,000
                                  Fort Wainwright....       $110,400,000
Arizona.........................  Fort Huachuca......        $13,200,000
                                  Yuma Proving Ground         $3,800,000
California......................  Fort Irwin.........        $39,600,000
                                  Presidio, Monterey.        $15,000,000
                                  Sierra Army Depot..        $12,400,000
Colorado........................  Fort Carson........       $534,000,000
Georgia.........................  Fort Benning.......       $267,800,000
                                  Fort Stewart/Hunter       $432,300,000
                                   Army Air Field.
Hawaii..........................  Pohakuloa Training         $30,000,000
                                   Area.
                                  Schofield Barracks.       $279,000,000
                                  Wahiawa............        $40,000,000
Indiana.........................  Crane Army                  $8,300,000
                                   Ammunition
                                   Activity.
Kansas..........................  Fort Leavenworth...         $4,200,000
                                  Fort Riley.........       $158,000,000
Kentucky........................  Fort Campbell......       $118,113,000
Louisiana.......................  Fort Polk..........        $29,000,000
Michigan........................  Detroit Arsenal....         $6,100,000
Missouri........................  Fort Leonard Wood..        $42,550,000
New Jersey......................  Picatinny Arsenal..         $9,900,000
New York........................  Fort Drum..........        $96,900,000
                                  United States              $67,000,000
                                   Military Academy.
North Carolina..................  Fort Bragg.........        $58,400,000
Oklahoma........................  Fort Sill..........        $63,000,000
                                  McAlester Army              $5,800,000
                                   Ammunition Plant.
Pennsylvania....................  Carlisle Barracks..        $13,400,000
                                  Letterkenny Army            $7,500,000
                                   Depot.
                                  Tobyhanna Army             $15,000,000
                                   Depot.
South Carolina..................  Fort Jackson.......        $30,000,000
Texas...........................  Camp Bullis........         $4,200,000
                                  Corpus Christi Army        $39,000,000
                                   Depot.
                                  Fort Bliss.........     $1,044,300,000
                                  Fort Hood..........        $49,500,000
                                  Fort Sam Houston...        $96,000,000
                                  Red River Army              $6,900,000
                                   Depot.
Virginia........................  Fort Belvoir.......         $7,200,000
                                  Fort Eustis........        $31,900,000
                                  Fort Lee...........       $100,600,000
                                  Fort Myer..........        $14,000,000
Washington......................  Fort Lewis.........       $158,000,000
------------------------------------------------------------------------

  (b) Outside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the 
installations or locations outside the United States, and in 
the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Afghanistan.....................  Bagram Air Base....        $67,000,000
Germany.........................  Katterbach.........        $19,000,000
                                  Wiesbaden Air Base.       $119,000,000
Japan...........................  Camp Zama..........         $2,350,000
                                  Sagamihara.........        $17,500,000
Korea...........................  Camp Humphreys.....        $20,000,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

  (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or 
acquire family housing units (including land acquisition and 
supporting facilities) at the installations or locations, in 
the number of units, and in the amounts set forth in the 
following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                 Country                   Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Germany.................................  Wiesbaden Air Base........  326.......................    $133,000,000
Korea...................................  Camp Humphreys............  216.......................    $125,000,000
----------------------------------------------------------------------------------------------------------------

  (b) Planning and Design.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may carry out 
architectural and engineering services and construction design 
activities with respect to the construction or improvement of 
family housing units in an amount not to exceed $579,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

  Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of 
appropriations in section 2104(a)(5)(A), the Secretary of the 
Army may improve existing military family housing units in an 
amount not to exceed $420,001,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

  (a) In General.--Funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 
2008, for military construction, land acquisition, and military 
family housing functions of the Department of the Army in the 
total amount of $5,973,388,000, as follows:
          (1) For military construction projects inside the 
        United States authorized by section 2101(a), 
        $4,010,063,000.
          (2) For military construction projects outside the 
        United States authorized by section 2101(b), 
        $185,350,000.
          (3) For unspecified minor military construction 
        projects authorized by section 2805 of title 10, United 
        States Code, $23,000,000.
          (4) For host nation support and architectural and 
        engineering services and construction design under 
        section 2807 of title 10, United States Code, 
        $178,685,000.
          (5) For military family housing functions:
                  (A) For construction and acquisition, 
                planning and design, and improvement of 
                military family housing and facilities, 
                $646,580,000.
                  (B) For support of military family housing 
                (including the functions described in section 
                2833 of title 10, United States Code), 
                $716,110,000.
          (6) For the construction of increment 3 of a barracks 
        complex at Fort Lewis, Washington, authorized by 
        section 2101(a) of the Military Construction 
        Authorization Act for Fiscal Year 2007 (division B of 
        Public Law 109-364; 120 Stat. 2445), as amended by 
        section 20814 of the Continuing Appropriations 
        Resolution, 2007 (division B of Public Law 109-289), as 
        added by section 2 of the Revised Continuing 
        Resolution, 2007 (Public Law 110-5; 121 Stat 41), 
        $102,000,000.
          (7) For the construction of increment 2 of the United 
        States Southern Command Headquarters at Miami Doral, 
        Florida, authorized by section 2101(a) of the Military 
        Construction Authorization Act for Fiscal Year 2008 
        (division B of Public Law 110-181; 122 Stat. 504), 
        $81,600,000.
          (8) For the construction of increment 2 of the 
        brigade complex operations support facility at Vicenza, 
        Italy, authorized by section 2101(b) of the Military 
        Construction Authorization Act for Fiscal Year 2008 
        (division B of Public Law 110-181; 122 Stat. 505), 
        $15,000,000.
          (9) For the construction of increment 2 of the 
        brigade complex barracks and community support facility 
        at Vicenza, Italy, authorized by section 2101(b) of the 
        Military Construction Authorization Act for Fiscal Year 
        2008 (division B of Public Law 110-181; 122 Stat. 505), 
        $15,000,000.
  (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation 
authorized by law, the total cost of all projects carried out 
under section 2401 of this Act may not exceed the sum of the 
following:
          (1) The total amount authorized to be appropriated 
        under paragraphs (1) and (2) of subsection (a).
          (2) $60,000,000 (the balance of the amount authorized 
        under section 2101(a) for barracks and a dining 
        facility at Fort Carson, Colorado).
          (3) $80,000,000 (the balance of the amount authorized 
        under section 2101(a) for barracks and a dining 
        facility at Fort Stewart, Georgia).
          (4) $59,500,000 (the balance of the amount authorized 
        under section 2101(b) for the construction of a 
        headquarters element in Wiesbaden, Germany).
          (5) $101,000,000 (the balance of the amount 
        authorized under section 2102(a) for family housing at 
        Wiesbaden, Germany).

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    2008 PROJECTS.

  (a) Inside the United States Projects.--The table in section 
2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
504) is amended--
          (1) in the item relating to Hawthorne Army Ammunition 
        Plant, Nevada, by striking ``$11,800,000'' in the 
        amount column and inserting ``$7,300,000'';
          (2) in the item relating to Fort Drum, New York, by 
        striking ``$311,200,000'' in the amount column and 
        inserting ``$304,600,000''; and
          (3) in the item relating to Fort Bliss, Texas, by 
        striking ``$118,400,000'' in the amount column and 
        inserting ``$111,900,000''.
  (b) Conforming Amendments.--Section 2104(a) of that Act (122 
Stat. 506) is amended--
          (1) in the matter preceding paragraph (1), by 
        striking ``$5,106,703,000'' and inserting 
        ``$5,089,103,000''; and
          (2) in paragraph (1), by striking ``$3,198,150,000'' 
        and inserting ``$3,180,550,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    2007 PROJECTS.

  (a) Inside the United States Projects.--The table in section 
2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
2445), as amended by section 20814 of the Continuing 
Appropriations Resolution, 2007 (division B of Public Law 109-
289) and section 2105(a) of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110-181; 122 Stat. 507), is further amended in the item 
relating to Fort Bragg, North Carolina, by striking 
``$96,900,000'' in the amount column and inserting 
``$75,900,000''.
  (b) Outside the United States Projects.--The table in section 
2101(b) of the Military Construction Authorization Act for 
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
2446), as amended by section 2106(a) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110-181; 122 Stat. 508), is further amended in 
the item relating to Vicenza, Italy, by striking 
``$223,000,000'' in the amount column and inserting 
``$208,280,000''.
  (c) Conforming Amendments.--Section 2104(a) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109-364; 120 Stat. 2447), as amended by section 
2105(b) of the Military Construction Authorization Act for 
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
508), is further amended--
          (1) in the matter preceding paragraph (1), by 
        striking ``$3,275,700,000'' and inserting 
        ``$3,239,980,000'';
          (2) in paragraph (1), by striking ``$1,119,450,000'' 
        and inserting ``$1,098,450,000''; and
          (3) in paragraph (2), by striking ``$510,582,00'' and 
        inserting ``$495,862,000''.

SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
                    PROJECTS.

  (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109-163; 119 Stat. 3501), the authorizations set 
forth in the table in subsection (b), as provided in section 
2101 of that Act (119 Stat. 3485), shall remain in effect until 
October 1, 2009, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 
2010, whichever is later.
  (b) Table.--The table referred to in subsection (a) is as 
follows:

                                 Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Hawaii..................................  Pohakuloa.................  Tactical Vehicle Wash           $9,207,000
                                                                       Facility.
                                                                      Battle Area Complex.......     $33,660,000
Virginia................................  Fort Belvoir..............  Defense Access Road.......     $18,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005 
                    PROJECT.

  (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108-375; 118 Stat. 2116), the authorization set 
forth in the table in subsection (b), as provided in section 
2101 of that Act (118 Stat. 2101) and extended by section 2108 
of the Military Construction Authorization Act for Fiscal Year 
2008 (division B of Public Law 110-181; 122 Stat. 508), shall 
remain in effect until October 1, 2009, or the date of the 
enactment of an Act authorizing funds for military construction 
for fiscal year 2010, whichever is later.
  (b) Table.--The table referred to in subsection (a) is as 
follows:

                                  Army: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
Hawaii..................................  Schofield Barracks........  Training Facility.........     $35,542,000
----------------------------------------------------------------------------------------------------------------

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
          2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year 
          2007 projects.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(1), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the 
installations or locations inside the United States, and in the 
amounts, set forth in the following table:

                        Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Arizona.........................  Marine Corps Air           $19,490,000
                                   Station, Yuma.
California......................  Marine Corps                $7,830,000
                                   Logistics Base,
                                   Barstow.
                                  Marine Corps Base,        $799,870,000
                                   Camp Pendleton.
                                  Naval Air Facility,         $8,900,000
                                   El Centro.
                                  Marine Corps Air           $48,770,000
                                   Station, Miramar.
                                  Naval Post Graduate         $9,900,000
                                   School, Monterey.
                                  Naval Air Station,         $60,152,000
                                   North Island.
                                  Naval Facility, San        $34,020,000
                                   Clemente Island.
                                  Marine Corps               $51,220,000
                                   Recruit Depot, San
                                   Diego.
                                  Marine Corps Base,        $155,310,000
                                   Twentynine Palms.
Connecticut.....................  Naval Submarine            $46,060,000
                                   Base, Groton.
                                  Naval Submarine            $11,000,000
                                   Base, New London.
District of Columbia............  Naval Support              $24,220,000
                                   Activity,
                                   Washington.
Florida.........................  Naval Air Station,         $12,890,000
                                   Jacksonville.
                                  Naval Station,             $18,280,000
                                   Mayport.
                                  Naval Support              $29,000,000
                                   Activity, Tampa.
Georgia.........................  Marine Corps               $15,320,000
                                   Logistics Base,
                                   Albany.
                                  Naval Submarine             $6,130,000
                                   Base, Kings Bay.
Hawaii..........................  Pacific Missile            $28,900,000
                                   Range, Barking
                                   Sands.
                                  Marine Corps Base,         $28,200,000
                                   Kaneohe.
                                  Naval Station,             $80,290,000
                                   Pearl Harbor.
Illinois........................  Recruit Training           $62,940,000
                                   Command, Great
                                   Lakes.
Maine...........................  Portsmouth Naval           $30,640,000
                                   Shipyard.
Maryland........................  Naval Surface               $6,980,000
                                   Warfare Center,
                                   Carderock.
                                  Naval Surface              $25,980,000
                                   Warfare Center,
                                   Indian Head.
Mississippi.....................  Naval Construction         $12,770,000
                                   Battalion Center,
                                   Gulfport.
                                  Naval Air Station,          $6,340,000
                                   Meridian.
New Jersey......................  Naval Air Warfare          $15,440,000
                                   Center, Lakehurst.
                                  Naval Weapons               $8,160,000
                                   Station, Earle.
North Carolina..................  Marine Corps Base,        $353,090,000
                                   Camp Lejeune.
                                  Marine Corps Air           $77,420,000
                                   Station, Cherry
                                   Point.
                                  Marine Corps Air           $86,280,000
                                   Station, New River.
Pennsylvania....................  Naval Support              $22,020,000
                                   Activity,
                                   Philadelphia.
Rhode Island....................  Naval Station,             $39,800,000
                                   Newport.
South Carolina..................  Marine Corps Air            $5,940,000
                                   Station, Beaufort.
                                  Marine Corps               $64,750,000
                                   Recruit Depot,
                                   Parris Island.
Texas...........................  Naval Air Station,          $3,500,000
                                   Corpus Christi.
                                  Naval Air Station,         $11,580,000
                                   Kingsville.
Virginia........................  Naval Station,             $73,280,000
                                   Norfolk.
                                  Marine Corps Base,        $150,290,000
                                   Quantico.
Washington......................  Naval Base, Kitsap.         $5,110,000
                                  Naval Air Station           $6,160,000
                                   Whidbey Island.
------------------------------------------------------------------------

  (b) Outside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(2), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the 
installation or location outside the United States, and in the 
amounts, set forth in the following table:

                     Navy: Outside the United States
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Cuba............................  Naval Air Station,         $20,600,000
                                   Guantanamo Bay.
Diego Garcia....................  Diego Garcia.......        $35,060,000
Djibouti........................  Camp Lemonier......        $31,410,000
Guam............................  Naval Activities,          $88,430,000
                                   Guam.
------------------------------------------------------------------------

  (c) Unspecified Worldwide.--Using the amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(3), the Secretary of the Navy may acquire real property 
and carry out military construction projects for unspecified 
installations or locations in the amounts set forth in the 
following table:

                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
                                    Installation or
            Location                    Location             Amount
------------------------------------------------------------------------
Worldwide Unspecified...........  Unspecified               $101,020,000
                                   Worldwide.
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

  (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(6)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of 
units, and in the amount set forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                Location                   Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay..........................  Naval Air Station,          146.......................     $59,943,000
                                           Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------

  (b) Planning and Design.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2204(6)(A), 
the Secretary of the Navy may carry out architectural and 
engineering services and construction design activities with 
respect to the construction or improvement of family housing 
units in an amount not to exceed $2,169,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

  Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of 
appropriations in section 2204(6)(A), the Secretary of the Navy 
may improve existing military family housing units in an amount 
not to exceed $318,011,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 2008, for military 
construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$4,046,354,000, as follows:
          (1) For military construction projects inside the 
        United States authorized by section 2201(a), 
        $2,564,312,000.
          (2) For military construction projects outside the 
        United States authorized by section 2201(b), 
        $175,500,000.
          (3) For military construction projects at unspecified 
        worldwide locations authorized by section 2201(c), 
        $101,020,000.
          (4) For unspecified minor military construction 
        projects authorized by section 2805 of title 10, United 
        States Code, $13,670,000.
          (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $246,528,000.
          (6) For military family housing functions:
                  (A) For construction and acquisition, 
                planning and design, and improvement of 
                military family housing and facilities, 
                $380,123,000.
                  (B) For support of military family housing 
                (including functions described in section 2833 
                of title 10, United States Code), $376,062,000.
          (7) For the construction of increment 2 of the wharf 
        extension at Naval Forces Marianas Islands, Guam, 
        authorized by section 2201(b) of the Military 
        Construction Authorization Act for Fiscal Year 2008 
        (division B of Public Law 110-181; 122 Stat. 510), 
        $50,912,000.
          (8) For the construction of increment 2 of the 
        submarine drive-in magnetic silencing facility at Naval 
        Submarine Base, Pearl Harbor, Hawaii, authorized in 
        section 2201(a) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of 
        Public Law 110-181; 122 Stat. 510), $41,088,000.
          (9) For the construction of increment 3 of the 
        National Maritime Intelligence Center, Suitland, 
        Maryland, authorized by section 2201(a) of the Military 
        Construction Authorization Act for Fiscal Year 2007 
        (division B of Public Law 109-364; 120 Stat. 2448), 
        $12,439,000.
          (10) For the construction of increment 2 of hangar 5 
        recapitalizations at Naval Air Station, Whidbey Island, 
        Washington, authorized by section 2201(a) of the 
        Military Construction Authorization Act of Fiscal Year 
        2007 (division B of Public Law 109-364; 120 Stat. 
        2448), $34,000,000.
          (11) For the construction of increment 5 of the 
        limited area production and storage complex at Naval 
        Submarine Base, Kitsap, Bangor, Washington (formerly 
        referred to as a project at the Strategic Weapons 
        Facility Pacific, Bangor), authorized by section 
        2201(a) of the Military Construction Authorization Act 
        of Fiscal Year 2005 (division B of Public Law 108-375; 
        118 Stat. 2106), as amended by section 2206 of the 
        Military Construction Authorization Act for Fiscal Year 
        2006 (division B of Public law 109-163; 119 Stat. 3493) 
        and section 2206 of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of 
        Public Law 110-181; 122 Stat. 514) $50,700,000.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    2005 PROJECT.

  The table in section 2201(a) of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public 
Law 108-375; 118 Stat. 2105), as amended by section 2206 of the 
Military Construction Authorization Act for Fiscal Year 2006 
(division B of Public Law 109-163; 119 Stat. 3493) and section 
2206 of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110-181; 122 Stat. 514), is 
further amended--
          (1) in the item relating to Strategic Weapons 
        Facility Pacific, Bangor, Washington, by striking 
        ``$295,000,000'' in the amount column and inserting 
        ``$311,670,000''; and
          (2) by striking the amount identified as the total in 
        the amount column and inserting ``$1,084,497,000''.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    2007 PROJECTS.

  (a) Modifications.--The table in section 2201(a) of the 
Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2448), as amended 
by section 2205(a)(17) of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110-181; 122 Stat. 513), is further amended--
          (1) in the item relating to NMIC/Naval Support 
        Activity, Suitland, Maryland, by striking 
        ``$67,939,000'' in the amount column and inserting 
        ``$76,288,000''; and
          (2) in the item relating to Naval Air Station, 
        Whidbey Island, Washington, by striking ``$57,653,000'' 
        in the amount column and inserting ``$60,500,000''.
  (b) Conforming Amendments.--Section 2204(b) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109-364; 120 Stat. 2452) is amended--
          (1) in paragraph (2), by striking ``$56,159,000'' and 
        inserting ``$64,508,000''; and
          (2) in paragraph (3), by striking ``$31,153,000'' and 
        inserting ``$34,000,000''.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
          projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2006 
          projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005 
          projects.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
                    PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(1), the Secretary of the Air Force may acquire real 
property and carry out military construction projects for the 
installations or locations inside the United States, and in the 
amounts, set forth in the following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Alabama.........................  Maxwell Air Force          $15,556,000
                                   Base.
Alaska..........................  Elmendorf Air Force       $138,300,000
                                   Base.
Arizona.........................  Davis Monthan Air          $15,000,000
                                   Force Base.
California......................  Edwards Air Force           $9,100,000
                                   Base.
                                  Travis Air Force           $12,100,000
                                   Base.
Colorado........................  Peterson Air Force          $4,900,000
                                   Base.
                                  United States Air          $18,000,000
                                   Force Academy.
Delaware........................  Dover Air Force            $19,000,000
                                   Base.
Florida.........................  Cape Canaveral Air          $8,000,000
                                   Station.
                                  Eglin Air Force            $19,000,000
                                   Base.
                                  MacDill Air Force          $26,000,000
                                   Base.
                                  Tyndall Air Force          $11,600,000
                                   Base.
Georgia.........................  Robins Air Force           $29,350,000
                                   Base.
Kansas..........................  McConnell Air Force         $6,800,000
                                   Base.
Louisiana.......................  Barksdale Air Force        $14,600,000
                                   Base.
Maryland........................  Andrews Air Force          $77,648,000
                                   Base.
Mississippi.....................  Columbus Air Force          $8,100,000
                                   Base.
                                  Keesler Air Force           $6,600,000
                                   Base.
Missouri........................  Whiteman Air Force          $4,200,000
                                   Base.
Montana.........................  Malmstrom Air Force        $10,000,000
                                   Base.
Nevada..........................  Creech Air Force           $48,500,000
                                   Base.
                                  Nellis Air Force           $63,100,000
                                   Base.
New Jersey......................  McGuire Air Force           $7,200,000
                                   Base.
 New Mexico.....................  Holloman Air Force         $25,450,000
                                   Base.
North Carolina..................  Seymour Johnson Air        $12,200,000
                                   Force Base.
North Dakota....................  Grand Forks Air            $13,000,000
                                   Force Base.
Ohio............................  Wright Patterson           $14,000,000
                                   Air Force Base.
Oklahoma........................  Altus Air Force             10,200,000
                                   Base.
                                  Tinker Air Force           $54,000,000
                                   Base.
South Carolina..................   Charleston Air             $4,500,000
                                   Force Base.
                                  Shaw Air Force Base         $9,900,000
South Dakota....................  Ellsworth Air Force        $11,000,000
                                   Base.
Texas...........................  Dyess Air Force            $21,000,000
                                   Base.
                                  Fort Hood..........        $10,800,000
                                  Lackland Air Force         $75,515,000
                                   Base.
Utah............................  Hill Air Force Base        $41,400,000
Washington......................  McChord Air Force           $5,500,000
                                   Base.
Wyoming.........................  Francis E. Warren           $8,600,000
                                   Air Force Base.
------------------------------------------------------------------------

  (b) Outside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(2), the Secretary of the Air Force may acquire real 
property and carry out military construction projects for the 
installations or locations outside the United States, and in 
the amounts, set forth in the following table:

                  Air Force: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Afghanistan.......................   Bagram Airfield....     $57,200,000
Guam..............................  Andersen Air Force       $10,600,000
                                     Base.
Kyrgyzstan........................  Manas Air Base......      $6,000,000
United Kingdom....................  Royal Air Force           $7,400,000
                                     Lakenheath.
------------------------------------------------------------------------

  (c) Unspecified Worldwide.--Using the amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(3), the Secretary of the Air Force may acquire real 
property and carry out military construction projects for 
unspecified installations or locations in the amounts set forth 
in the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                       Installation or
             Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Unspecified.............  Unspecified              $38,391,000
                                     Worldwide Locations.
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

  (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(6)(A), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition and 
supporting facilities) at the installations or locations, in 
the number of units, and in the amounts set forth in the 
following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                 Country                   Installation or  Location            Purpose               Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom..........................  Royal Air Force Lakenheath  182 Units.................     $71,828,000
----------------------------------------------------------------------------------------------------------------

  (b) Planning and Design.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(6)(A), 
the Secretary of the Air Force may carry out architectural and 
engineering services and construction design activities with 
respect to the construction or improvement of family housing 
units in an amount not to exceed $7,708,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

  Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of 
appropriations in section 2304(6)(A), the Secretary of the Air 
Force may improve existing military family housing units in an 
amount not to exceed $316,343,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 2008, for military 
construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total 
amount of $2,108,090,000, as follows:
          (1) For military construction projects inside the 
        United States authorized by section 2301(a), 
        $889,719,000.
          (2) For military construction projects outside the 
        United States authorized by section 2301(b), 
        $81,200,000.
          (3) For the military construction projects at 
        unspecified worldwide locations authorized by section 
        2301(c), $38,391,000.
          (4) For unspecified minor military construction 
        projects authorized by section 2805 of title 10, United 
        States Code, $15,000,000.
          (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $93,436,000.
          (6) For military family housing functions:
                  (A) For construction and acquisition, 
                planning and design, and improvement of 
                military family housing and facilities, 
                $395,879,000.
                  (B) For support of military family housing 
                (including functions described in section 2833 
                of title 10, United States Code), $594,465,000.

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
                    PROJECTS.

  (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109-163; 119 Stat. 3501), authorizations set 
forth in the tables in subsection (b), as provided in section 
2302 of that Act, shall remain in effect until October 1, 2009, 
or the date of the enactment of an Act authorizing funds for 
military construction for fiscal year 2010, whichever is later.
  (b) Table.--The table referred to in subsection (a) is as 
follows:

                               Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or  Location           Project                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................  Eielson Air Force Base...  Replace Family Housing           $37,650,000
                                                                     (92 units).
                                                                    Purchase Build/Lease             $18,144,000
                                                                     Housing (300 units).
California.............................  Edwards Air Force Base...  Replace Family Housing           $59,699,000
                                                                     (226 units).
Florida................................  MacDill Air Force Base...  Replace Family Housing           $40,982,000
                                                                     (109 units).
Missouri...............................  Whiteman Air Force Base..  Replace Family Housing           $26,917,000
                                                                     (111 units).
North Carolina.........................  Seymour Johnson Air Force  Replace Family Housing           $48,868,000
                                          Base.                      (255 units).
North Dakota...........................  Grand Forks Air Force      Replace Family Housing           $43,353,000
                                          Base.                      (150 units).
----------------------------------------------------------------------------------------------------------------

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 
                    PROJECTS.

  (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108-375; 118 Stat. 2116), authorizations set 
forth in the table in subsection (b), as provided in sections 
2301 and 2302 of that Act and extended by section 2307 of the 
Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110-181; 122 Stat. 519), shall remain 
in effect until October 1, 2009, or the date of the enactment 
of an Act authorizing funds for military construction for 
fiscal year 2010, whichever is later.
  (b) Table.--The table referred to in subsection (a) is as 
follows:

                               Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
             State/Country                Installation or Location           Project                 Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................  Davis-Monthan Air Force    Replace Family Housing           $48,500,000
                                          Base.                      (250 units).
California.............................  Vandenberg Air Force Base  Replace Family Housing           $30,906,000
                                                                     (120 units).
Florida................................  MacDill Air Force Base...  Construct Housing                 $1,250,000
                                                                     Maintenance Facility.
Missouri...............................  Whiteman Air Force Base..  Replace Family Housing           $37,087,000
                                                                     (160 units).
North Carolina.........................  Seymour Johnson Air Force  Replace Family Housing           $32,693,000
                                          Base.                      (167 units).
Germany................................  Ramstein Air Base........  USAFE Theater Aerospace          $24,204,000
                                                                     Operations Support
                                                                     Center.
----------------------------------------------------------------------------------------------------------------

                      TITLE XXIV--DEFENSE AGENCIES

                Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
          projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 
          2007 project.
Sec. 2405. Modification of authority to carry out certain fiscal year 
          2005 projects.
Sec. 2406. Extension of authorization of certain fiscal year 2006 
          project.

          Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorized chemical demilitarization program construction and 
          land acquisition projects.
Sec. 2412. Authorization of appropriations, chemical demilitarization 
          construction, defense-wide.
Sec. 2413. Modification of authority to carry out certain fiscal year 
          1997 project.
Sec. 2414. Modification of authority to carry out certain fiscal year 
          2000 project.

               Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                    ACQUISITION PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(1), the Secretary of Defense may acquire real property 
and carry out military construction projects for the 
installations or locations inside the United States, and in the 
amounts, set forth in the following tables:

                       Defense Education Activity
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Kentucky........................  Fort Campbell......        $21,400,000
North Carolina..................  Fort Bragg.........        $78,471,000
------------------------------------------------------------------------


                       Defense Intelligence Agency
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Illinois........................  Scott Air Force            $13,977,000
                                   Base.
------------------------------------------------------------------------


                        Defense Logistics Agency
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
California......................  Defense                    $50,300,000
                                   Distribution
                                   Depot, Tracy.
Delaware........................  Defense Fuel Supply         $3,373,000
                                   Center, Dover Air
                                   Force Base.
Florida.........................  Defense Fuel               $34,000,000
                                   Support Point,
                                   Jacksonville.
Georgia.........................  Hunter Army Air             $3,500,000
                                   Field.
Hawaii..........................  Pearl Harbor.......        $27,700,000
New Mexico......................  Kirtland Air Force         $14,400,000
                                   Base.
Oklahoma........................  Altus Air Force             $2,850,000
                                   Base.
Pennsylvania....................  Philadelphia.......         $1,200,000
Utah............................  Hill Air Force Base        $20,400,000
Virginia........................  Craney Island......        $39,900,000
------------------------------------------------------------------------


                        National Security Agency
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Maryland........................  Fort Meade.........        $31,000,000
------------------------------------------------------------------------


                       Special Operations Command
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
California......................  Naval Amphibious            $9,800,000
                                   Base, Coronado.
Florida.........................  Eglin Air Force             $40,000,00
                                   Base.
                                  Hurlburt Field.....         $8,900,000
                                  MacDill Air Force          $10,500,000
                                   Base.
Kentucky........................  Fort Campbell......        $15,000,000
New Mexico......................  Cannon Air Force           $26,400,000
                                   Base.
North Carolina..................  Fort Bragg.........        $38,250,000
Virginia........................  Fort Story.........        $11,600,000
Washington......................  Fort Lewis.........        $38,000,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Alaska..........................  Fort Richardson....         $6,300,000
Colorado........................  Buckley Air Force           $3,000,000
                                   Base.
Georgia.........................  Fort Benning.......         $3,900,000
Kentucky........................  Fort Campbell......        $24,000,000
Maryland........................  Aberdeen Proving          $430,000,000
                                   Ground.
Missouri........................  Fort Leonard Wood..        $22,000,000
Oklahoma........................  Tinker Air Force           $65,000,000
                                   Base.
Texas...........................  Fort Sam Houston...        $13,000,000
------------------------------------------------------------------------


                    Washington Headquarters Services
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Virginia........................  Pentagon                   $38,940,000
                                   Reservation.
------------------------------------------------------------------------

  (b) Outside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(2), the Secretary of Defense may acquire real property 
and carry out military construction projects for the 
installations or locations outside the United States, and in 
the amounts, set forth in the following tables:

                        Defense Logistics Agency
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Germany.........................  Germersheim........        $48,000,000
Greece..........................  Souda Bay..........         $8,000,000
------------------------------------------------------------------------


                         Missile Defense Command
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Czech Republic..................  Various Locations..       $176,100,000
Poland..........................  Various Locations..       $661,380,000
------------------------------------------------------------------------


                       Special Operations Command
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Qatar...........................  Al Udeid...........         $9,200,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Guam............................  Naval Activities...        $30,000,000
------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

  Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(a)(6), the Secretary of Defense 
may carry out energy conservation projects under chapter 173 of 
title 10, United States Code, in the amount of $90,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

  (a) In General.--Funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 
2008, for military construction, land acquisition, and military 
family housing functions of the Department of Defense (other 
than the military departments) in the total amount of 
$1,639,050,000, as follows:
          (1) For military construction projects inside the 
        United States authorized by section 2401(a), 
        $740,811,000.
          (2) For military construction projects outside the 
        United States authorized by section 2401(b), 
        $246,360,000.
          (3) For unspecified minor military construction 
        projects under section 2805 of title 10, United States 
        Code, $28,853,000.
          (4) For contingency construction projects of the 
        Secretary of Defense under section 2804 of title 10, 
        United States Code, $5,000,000.
          (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $133,225,000.
          (6) For energy conservation projects authorized by 
        section 2402 of this Act, $90,000,000.
          (7) For support of military family housing, including 
        functions described in section 2833 of title 10, United 
        States Code, and credits to the Department of Defense 
        Family Housing Improvement Fund under section 2883 of 
        title 10, United States Code, and the Homeowners 
        Assistance Fund established under section 1013 of the 
        Demonstration Cities and Metropolitan Development Act 
        of 1966 (42 U.S.C. 3374), $54,581,000.
          (8) For the construction of increment 4 of the 
        regional security operations center at Augusta, 
        Georgia, authorized by section 2401(a) of the Military 
        Construction Authorization Act of Fiscal Year 2006 
        (division B of Public Law 109-163; 119 Stat. 3497), as 
        amended by section 7016 of the Emergency Supplemental 
        Appropriation Act for Defense, the Global War on 
        Terror, and Hurricane Recovery, 2006 (Public Law 109-
        234; 120 Stat. 485), $100,220,000.
          (9) For the construction of increment 2 of the Army 
        Medical Research Institute of Infectious Diseases Stage 
        1 at Fort Detrick, Maryland, authorized by section 
        2401(a) of the Military Construction Authorization Act 
        of Fiscal Year 2007 (division B of Public Law 109-364; 
        120 Stat. 2457), $209,000,000.
          (10) For the construction of increment 2 of the 
        special operations forces operational facility at Dam 
        Neck, Virginia, authorized by section 2401(a) of the 
        Military Construction Authorization Act of Fiscal Year 
        2008 (division B of Public Law 110-181; 122 Stat. 521), 
        $31,000,000.
  (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation 
authorized by law, the total cost of all projects carried out 
under section 2401 of this Act may not exceed the sum of the 
following:
          (1) The total amount authorized to be appropriated 
        under paragraphs (1) and (2) of subsection (a).
          (2) $402,000,000 (the balance of the amount 
        authorized for the TRICARE Management Activity under 
        section 2401(a) for the construction of the United 
        States Army Medical Research Institute of Infectious 
        Diseases at Aberdeen Proving Ground, Maryland).
          (3) $618,780,000 (the balance of the amount 
        authorized for the Missile Defense Command under 
        section 2401(b) for the construction of the Ballistic 
        Missile Defense, European Interceptor Site).
          (4) $67,540,000 (the balance of the amount authorized 
        for the Missile Defense Command under section 2401(b) 
        for the construction of the Ballistic Missile Defense, 
        European Mid-Course Radar Site).

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    2007 PROJECT.

  (a) Modification.--The table relating to the TRICARE 
Management Activity in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109-364; 120 Stat. 2457) is amended in the item 
relating to Fort Detrick, Maryland, by striking 
``$550,000,000'' in the amount column and inserting 
``$683,000,000''.
  (b) Conforming Amendment.--Section 2405(b)(3) of that Act 
(120 Stat. 2461) is amended by striking ``$521,000,000'' and 
inserting ``$654,000,000''.

SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    2005 PROJECTS.

  (a) Modification.--The table in section 2401(a) of the 
Military Construction Authorization Act for Fiscal Year 2005 
(division B of Public Law 108-375; 118 Stat. 2112) is amended--
          (1) by striking the item relating to Defense Fuel 
        Support Point, Naval Air Station, Oceana, Virginia; and
          (2) by striking the amount identified as the total in 
        the amount column and inserting ``$485,193,000''.
  (b) Conforming Amendments.--Section 2404(a) of that Act (118 
Stat. 2113) is amended--
          (1) in the matter preceding paragraph (1), by 
        striking ``$1,055,663,000'' and inserting 
        ``$1,052,074,000''; and
          (2) in paragraph (1), by striking ``$411,782,000'' 
        and inserting ``$408,193,000''.

SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2006 
                    PROJECT.

  (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109-163; 119 Stat. 3501), authorizations set 
forth in the tables in subsection (b), as provided in section 
2401 of that Act, shall remain in effect until October 1, 2009, 
or the date of the enactment of an Act authorizing funds for 
military construction for fiscal year 2010, whichever is later.
  (b) Table.--The table referred to in subsection (a) is as 
follows:

    Defense Logistics Agency: Extension of 2006 Project Authorization
------------------------------------------------------------------------
    Installation or Location            Project              Amount
------------------------------------------------------------------------
Defense Logistics Agency........  Defense                     $6,500,000
                                   Distribution Depot
                                   Susquehanna, New
                                   Cumberland,
                                   Pennsylvania.
------------------------------------------------------------------------

          Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM CONSTRUCTION 
                    AND LAND ACQUISITION PROJECTS.

  Using amounts appropriated pursuant to the authorization of 
appropriations in section 2412(1), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following table:

       Chemical Demilitarization Program: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              Army                      Location             Amount
------------------------------------------------------------------------
Army............................  Blue Grass Army            $12,000,000
                                   Depot, Kentucky.
------------------------------------------------------------------------

SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION 
                    CONSTRUCTION, DEFENSE-WIDE.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 2008, for military 
construction and land acquisition for chemical demilitarization 
in the total amount of $144,278,000, as follows:
          (1) For military construction projects inside the 
        United States authorized by section 2411(a), 
        $12,000,000.
          (2) For the construction of phase 10 of a munitions 
        demilitarization facility at Pueblo Chemical Activity, 
        Colorado, authorized by section 2401(a) of the Military 
        Construction Authorization Act for Fiscal Year 1997 
        (division B of Public Law 104-201; 110 Stat. 2775), as 
        amended by section 2406 of the Military Construction 
        Authorization Act for Fiscal Year 2000 (division B of 
        Public Law 106-65; 113 Stat. 839) and section 2407 of 
        the Military Construction Authorization Act for Fiscal 
        Year 2003 (division B of Public Law 107-314; 116 Stat. 
        2698), $65,060,000.
          (3) For the construction of phase 9 of a munitions 
        demilitarization facility at Blue Grass Army Depot, 
        Kentucky, authorized by section 2401(a) of the Military 
        Construction Authorization Act for Fiscal Year 2000 
        (division B of Public Law 106-65; 113 Stat. 835), as 
        amended by section 2405 of the Military Construction 
        Authorization Act for Fiscal Year 2002 (division B of 
        Public Law 107-107; 115 Stat. 1298) and section 2405 of 
        the Military Construction Authorization Act for Fiscal 
        Year 2003 (division B of Public Law 107-314; 116 Stat. 
        2698), $67,218,000.

SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    1997 PROJECT.

  (a) Modifications.--The table in section 2401(a) of the 
Military Construction Authorization Act for Fiscal Year 1997 
(division B of Public Law 104-201; 110 Stat. 2775), as amended 
by section 2406 of the Military Construction Authorization Act 
for Fiscal Year 2000 (division B of Public Law 106-65; 113 
Stat. 839) and section 2407 of the Military Construction 
Authorization Act for Fiscal Year 2003 (division B of Public 
Law 107-314; 116 Stat. 2699), is amended--
          (1) under the agency heading relating to the Chemical 
        Demilitarization Program, in the item relating to 
        Pueblo Army Depot, Colorado, by striking 
        ``$261,000,000'' in the amount column and inserting 
        ``$484,000,000''; and
          (2) by striking the amount identified as the total in 
        the amount column and inserting ``$830,454,000''.
  (b) Conforming Amendment.--Section 2406(b)(2) of the Military 
Construction Authorization Act for Fiscal Year 1997 (110 Stat. 
2779), as so amended, is further amended by striking 
``$261,000,000'' and inserting ``$484,000,000''.

SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    2000 PROJECT.

  (a) Modifications.--The table in section 2401(a) of the 
Military Construction Authorization Act for Fiscal Year 2000 
(division B of Public Law 106-65; 113 Stat. 835), as amended by 
section 2405 of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 
1298) and section 2405 of the Military Construction 
Authorization Act for Fiscal Year 2003 (division B of Public 
Law 107-314; 116 Stat. 2698), is amended--
          (1) under the agency heading relating to Chemical 
        Demilitarization, in the item relating to Blue Grass 
        Army Depot, Kentucky, by striking ``$290,325,000'' in 
        the amount column and inserting ``$492,000,000''; and
          (2) by striking the amount identified as the total in 
        the amount column and inserting ``$949,920,000''.
  (b) Conforming Amendment.--Section 2405(b)(3) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B 
of Public Law 106-65; 113 Stat. 839), as amended by section 
2405 of the Military Construction Authorization Act for Fiscal 
Year 2002 (division B of Public Law 107-107; 115 Stat. 1298) 
and section 2405 of the Military Construction Authorization Act 
for Fiscal Year 2003 (division B of Public Law 107-314; 116 
Stat. 2698), is further amended by striking ``$267,525,000'' 
and inserting ``$469,200,000''.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as 
provided in section 2806 of title 10, United States Code, in an 
amount not to exceed the sum of the amount authorized to be 
appropriated for this purpose in section 2502 and the amount 
collected from the North Atlantic Treaty Organization as a 
result of construction previously financed by the United 
States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 2008, for contributions by 
the Secretary of Defense under section 2806 of title 10, United 
States Code, for the share of the United States of the cost of 
projects for the North Atlantic Treaty Organization Security 
Investment Program authorized by section 2501, in the amount of 
$230,867,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
          acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
          projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
          and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
          acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
          acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year 
          2008 project.
Sec. 2608. Extension of authorizations of certain fiscal year 2006 
          projects.
Sec. 2609. Extension of Authorization of certain fiscal year 2005 
          project.

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND 
                    ACQUISITION PROJECTS.

  Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(A), the Secretary of the Army 
may acquire real property and carry out military construction 
projects for the Army National Guard locations, and in the 
amounts, set forth in the following table:

                           Army National Guard
------------------------------------------------------------------------
              State                     Location             Amount
------------------------------------------------------------------------
Alabama.........................  Fort McClellan.....         $3,000,000
Alaska..........................  Bethel Armory......        $16,000,000
Arizona.........................  Camp Navajo........        $13,000,000
                                  Florence...........        $13,800,000
                                  Papago Military            $24,000,000
                                   Reservation.
Arkansas........................  Cabot..............        $10,868,000
Colorado........................  Denver.............         $9,000,000
                                  Grand Junction.....         $9,000,000
Connecticut.....................  Camp Rell..........        $28,000,000
                                  East Haven.........        $13,800,000
Delaware........................  New Castle.........        $28,000,000
Florida.........................  Camp Blanding......        $33,307,000
Georgia.........................  Dobbins Air Reserve        $45,000,000
                                   Base.
Idaho...........................  Orchard Training            $1,850,000
                                   Area.
Illinois........................  Urbana Armory......        $16,186,000
Indiana.........................  Camp Atterbury.....         $5,800,000
                                  Lawrence...........        $21,000,000
                                  Muscatatuck........         $6,000,000
Iowa............................  Camp Dodge.........         $1,500,000
                                  Davenport..........         $1,550,000
                                  Mount Pleasant.....         $1,500,000
Kentucky........................  London.............         $7,191,000
Maine...........................  Bangor.............        $20,000,000
Maryland........................  Edgewood...........        $28,000,000
                                  Salisbury..........         $9,800,000
Massachusetts...................  Methuen............        $21,000,000
Michigan........................  Camp Grayling......        $22,943,000
Minnesota.......................  Arden Hills........        $15,000,000
Nevada..........................  Elko...............        $11,375,000
New York........................  Fort Drum..........        $11,000,000
                                  Queensbury.........         $5,900,000
Ohio............................  Camp Perry.........         $2,000,000
                                  Ravenna............         $2,000,000
Pennsylvania....................  Honesdale..........         $6,117,000
Rhode Island....................  North Kingstown....         $5,000,000
South Carolina..................  Anderson...........        $12,000,000
                                  Beaufort...........         $3,400,000
                                  Eastover...........        $28,000,000
                                  Hemingway..........         $4,600,000
South Dakota....................  Camp Rapid.........        $14,463,000
                                  Rapid City.........        $29,000,000
Tennessee.......................  Tullahoma..........        $10,372,000
Utah............................  Camp Williams......        $17,500,000
Vermont.........................  Ethan Allen Firing         $10,200,000
                                   Range.
Virginia........................  Arlington..........        $15,500,000
                                  Fort Pickett.......         $2,950,000
Washington......................  Fort Lewis (Gray           $32,000,000
                                   Army Airfield).
West Virginia...................  Camp Dawson........         $9,000,000
------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION 
                    PROJECTS.

  Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(B), the Secretary of the Army 
may acquire real property and carry out military construction 
projects for the Army Reserve locations, and in the amounts, 
set forth in the following table:

                              Army Reserve
------------------------------------------------------------------------
              State                     Location             Amount
------------------------------------------------------------------------
California......................  Fort Hunter Liggett         $3,950,000
Hawaii                            Fort Shafter.......        $19,199,000
Idaho...........................  Hayden Lake........         $9,580,000
Kansas..........................  Dodge City.........         $8,100,000
Maryland........................  Baltimore..........        $11,600,000
Massachusetts...................  Fort Devens........         $1,900,000
Michigan........................  Saginaw............        $11,500,000
Missouri........................  Weldon Springs.....        $11,700,000
Nevada..........................  Las Vegas..........        $33,900,000
New Jersey......................  Fort Dix...........         $3,825,000
New York........................  Kingston...........        $13,494,000
                                  Shoreham...........        $15,031,000
                                  Staten Island......        $18,550,000
North Carolina..................  Raleigh............        $25,581,000
Pennsylvania....................  Letterkenny Army           $14,914,000
                                   Depot.
Tennessee.......................  Chattanooga........        $10,600,000
Texas...........................  Sinton.............         $9,700,000
Washington......................  Seattle............        $37,500,000
Wisconsin.......................  Fort McCoy.........         $4,000,000
------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
                    CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(2), the Secretary of the Navy 
may acquire real property and carry out military construction 
projects for the Navy Reserve and Marine Corps Reserve 
locations, and in the amounts, set forth in the following 
table:

                  Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
              State                     Location             Amount
------------------------------------------------------------------------
California......................  Lemoore............        $15,420,000
Delaware........................  Wilmington.........        $11,530,000
Georgia.........................  Marietta...........         $7,560,000
Virginia........................  Norfolk............         $8,170,000
                                  Williamsburg.......        $12,320,000
------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND 
                    ACQUISITION PROJECTS.

  Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(A), the Secretary of the Air 
Force may acquire real property and carry out military 
construction projects for the Air National Guard locations, and 
in the amounts, set forth in the following table:

                           Air National Guard
------------------------------------------------------------------------
              State                     Location             Amount
------------------------------------------------------------------------
Arkansas........................  Little Rock Air             $4,000,000
                                   Force Base.
Colorado........................  Buckley Air Force           $4,200,000
                                   Base.
Connecticut.....................  Bradley                     $7,200,000
                                   International
                                   Airport.
Delaware........................  New Castle County          $14,800,000
                                   Airport.
Georgia.........................  Savannah Combat             $7,500,000
                                   Readiness Training
                                   Center.
Indiana.........................  Fort Wayne                  $5,600,000
                                   International
                                   Airport.
Iowa............................  Fort Dodge.........         $5,600,000
Kansas..........................  Smoky Hill Air              $7,100,000
                                   National Guard
                                   Range.
Maryland........................  Martin State                $7,900,000
                                   Airport.
Massachusetts...................  Otis Air National          $14,300,000
                                   Guard Base.
Minnesota.......................  Duluth 148th                $4,500,000
                                   Fighter Wing Base.
                                  Minneapolis-St.             $1,500,000
                                   Paul.
Mississippi.....................  Gulfport-Biloxi             $3,400,000
                                   International
                                   Airport.
New Jersey......................  Atlantic City               $8,400,000
                                   International
                                   Airport.
New York........................  Gabreski Airport,           $7,500,000
                                   Westhampton.
                                  Hancock Field......        $10,400,000
Ohio............................  Springfield Air            $12,800,000
                                   National Guard
                                   Base.
Rhode Island....................  Quonset State               $7,700,000
                                   Airport.
South Dakota....................  Joe Foss Field.....         $4,500,000
Tennessee.......................  Knoxville..........         $8,000,000
Texas...........................  Ellington Field....         $7,600,000
                                  Fort Worth Naval            $5,000,000
                                   Air Station Joint
                                   Reserve Base.
Vermont.........................  Burlington                  $6,600,000
                                   International
                                   Airport.
Washington......................  McChord Air Force           $8,600,000
                                   Base.
West Virginia...................  Yeager Airport,            $27,000,000
                                   Charleston.
Wisconsin.......................  Truax Field........         $6,300,000
Wyoming.........................  Cheyenne Municipal          $7,000,000
                                   Airport.
------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
                    ACQUISITION PROJECTS.

  Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(B), the Secretary of the Air 
Force may acquire real property and carry out military 
construction projects for the Air Force Reserve locations, and 
in the amounts, set forth in the following table:

                           Air Force Reserve
------------------------------------------------------------------------
              State                     Location             Amount
------------------------------------------------------------------------
Georgia.........................  Dobbins Air Reserve         $6,450,000
                                   Base.
Oklahoma........................  Tinker Air Force            $9,900,000
                                   Base.
New York........................  Niagara Falls Air           $9,000,000
                                   Reserve Station.
------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 2008, for the costs of 
acquisition, architectural and engineering services, and 
construction of facilities for the Guard and Reserve Forces, 
and for contributions therefor, under chapter 1803 of title 10, 
United States Code (including the cost of acquisition of land 
for those facilities), in the following amounts:
          (1) For the Department of the Army--
                  (A) for the Army National Guard of the United 
                States, $736,317,000; and
                  (B) for the Army Reserve, $282,607,000.
          (2) For the Department of the Navy, for the Navy and 
        Marine Corps Reserve, $57,045,000.
          (3) For the Department of the Air Force--
                  (A) for the Air National Guard of the United 
                States, $242,924,000; and
                  (B) for the Air Force Reserve, $36,958,000.

SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
                    2008 PROJECT.

  The table in section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110-181; 122 Stat. 527) is amended in the item relating to 
North Kingstown, Rhode Island, by striking ``$33,000,000'' in 
the amount column and inserting ``$38,000,000''.

SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006 
                    PROJECTS.

  (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109-163; 119 Stat. 3501), the authorizations set 
forth in the table in subsection (b), as provided in section 
2601 of that Act, shall remain in effect until October 1, 2009, 
or the date of the enactment of an Act authorizing funds for 
military construction for fiscal year 2010, whichever is later.
  (b) Table.--The table referred to in subsection (a) is as 
follows:

                          Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location            Project                Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Camp Roberts..............  Urban Assault Course......      $1,485,000
Idaho...................................  Gowen Field...............  Railhead, Phase 1.........      $8,331,000
Mississippi.............................  Biloxi....................  Readiness Center..........     $16,987,000
                                          Camp Shelby...............  Modified Record Fire Range      $2,970,000
Montana.................................  Townsend..................  Automated Qualification         $2,532,000
                                                                       Training Range.
Pennsylvania............................  Philadelphia..............  Stryker Brigade Combat         $11,806,000
                                                                       Team Readiness Center.
                                                                      Organizational Maintenance      $6,144,930
                                                                       Shop #7.
----------------------------------------------------------------------------------------------------------------

SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005 
                    PROJECT.

  (a) Extension.--Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108-375; 118 Stat. 2116), the authorization set 
forth in the table in subsection (b), as provided in section 
2601 of that Act, shall remain in effect until October 1, 2009, 
or the date of the enactment of an Act authorizing funds for 
military construction for fiscal year 2010, whichever is later.
  (b) Table.--The table referred to in subsection (a) is as 
follows:

                          Army National Guard: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
                  State                    Installation or Location             Project               Amount
----------------------------------------------------------------------------------------------------------------
California..............................  Dublin....................  Readiness Center, Add/Alt      $11,318,000
                                                                       (ADRS).
----------------------------------------------------------------------------------------------------------------

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

Sec. 2701. Authorization of appropriations for base closure and 
          realignment activities funded through Department of Defense 
          Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded 
          through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and 
          realignment activities funded through Department of Defense 
          Base Closure Account 2005.

         Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Modification of annual base closure and realignment reporting 
          requirements.
Sec. 2712. Technical corrections regarding authorized cost and scope of 
          work variations for military construction and military family 
          housing projects related to base closures and realignments.

                        Subtitle C--Other Matters

Sec. 2721. Independent design review of National Naval Medical Center 
          and military hospital at Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or 
          nuclear power plants.

                       Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
                    REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF 
                    DEFENSE BASE CLOSURE ACCOUNT 1990.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 2008, for base closure and 
realignment activities, including real property acquisition and 
military construction projects, as authorized by the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through 
the Department of Defense Base Closure Account 1990 established 
by section 2906 of such Act, in the total amount of 
$458,377,000, as follows:
          (1) For the Department of the Army, $87,855,000.
          (2) For the Department of the Navy, $228,700,000.
          (3) For the Department of the Air Force, 
        $139,155,000.
          (4) For the Defense Agencies, $2,667,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED 
                    THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
                    2005.

  Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may 
carry out base closure and realignment activities, including 
real property acquisition and military construction projects, 
as authorized by the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note) and funded through the Department of Defense Base 
Closure Account 2005 established by section 2906A of such Act, 
in the amount of $6,982,334,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND 
                    REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF 
                    DEFENSE BASE CLOSURE ACCOUNT 2005.

  Funds are hereby authorized to be appropriated for fiscal 
years beginning after September 30, 2008, for base closure and 
realignment activities, including real property acquisition and 
military construction projects, as authorized by the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through 
the Department of Defense Base Closure Account 2005 established 
by section 2906A of such Act, in the total amount of 
$9,065,386,000, as follows:
          (1) For the Department of the Army, $4,486,178,000.
          (2) For the Department of the Navy, $871,492,000.
          (3) For the Department of the Air Force, 
        $1,072,925,000.
          (4) For the Defense Agencies, $2,634,791,000.

        Subtitle B--Amendments to Base Closure and Related Laws

SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGNMENT 
                    REPORTING REQUIREMENTS.

  (a) Termination of Reporting Requirements After Fiscal Year 
2014.--Section 2907 of the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) is amended--
          (1) by striking ``As part of the budget request for 
        fiscal year 2007 and for each fiscal year thereafter'' 
        and inserting ``(a) Reporting Requirement.--As part of 
        the budget request for fiscal year 2007 and for each 
        fiscal year thereafter through fiscal year 2016''; and
          (2) by adding at the end the following new 
        subsection:
  ``(b) Termination of Reporting Requirements Related to 
Realignment Actions.--The reporting requirements under 
subsection (a) shall terminate with respect to realignment 
actions after the report submitted with the budget for fiscal 
year 2014.''.
  (b) Exclusion of Descriptions of Realignment Actions.--
Subsection (a) of such section, as designated and amended by 
subsection (a)(1) of this section, is further amended--
          (1) in paragraph (1), by striking ``and realignment'' 
        both places it appears;
          (2) in paragraph (2), by striking ``and 
        realignments''; and
          (3) in paragraphs (3), (4), (5), (6), and (7), by 
        striking ``or realignment'' each place it appears.

SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST AND SCOPE OF 
                    WORK VARIATIONS FOR MILITARY CONSTRUCTION AND 
                    MILITARY FAMILY HOUSING PROJECTS RELATED TO BASE 
                    CLOSURES AND REALIGNMENTS.

  (a) Correction of Citation in Amendatory Language.--
          (1) In general.--Section 2704(a) of the Military 
        Construction Authorization Act for Fiscal Year 2008 
        (division B of Public Law 110-181; 122 Stat. 532) is 
        amended--
                  (A) in subsection (a), by striking ``Section 
                2905A'' and inserting ``Section 2906A''; and
                  (B) in subsection (b), by striking ``section 
                2905A'' and inserting ``section 2906A''.
          (2) Effective date.--The amendments made by paragraph 
        (1) shall take effect on January 28, 2008, as if 
        included in the enactment of section 2704 of the 
        Military Construction Authorization Act for Fiscal Year 
        2008.
  (b) Correction of Scope or Work Variation Limitation.--
Subsection (f) of section 2906A of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note), as added by section 2704(a) of 
the Military Construction Authorization Act for Fiscal Year 
2008 (division B of Public Law 110-181; 122 Stat. 532) and 
amended by subsection (a), is amended by striking ``20 percent 
or $2,000,000, whichever is greater'' and inserting ``20 
percent or $2,000,000, whichever is less''.

                       Subtitle C--Other Matters

SEC. 2721. INDEPENDENT DESIGN REVIEW OF NATIONAL NAVAL MEDICAL CENTER 
                    AND MILITARY HOSPITAL AT FORT BELVOIR.

  (a) Findings.--Congress makes the following findings:
          (1) Military personnel and their families, as well as 
        veterans and retired military personnel living in the 
        National Capital region, deserve to be treated in world 
        class medical facilities.
          (2) World class medical facilities are defined as 
        incorporating the best practices of the premier private 
        health facilities in the country as well as the 
        collaborative input of military health care 
        professionals into a design that supports the unique 
        needs of military personnel and their families.
          (3) The closure of the Walter Reed Army Medical 
        Center in Washington, D.C., and the resulting 
        construction of the National Military Medical Center at 
        the National Naval Medical Center, Bethesda, Maryland, 
        and a new military hospital at Fort Belvoir, Virginia, 
        offer the Department of Defense the opportunity to 
        provide state-of-the-art and world-class medical 
        facilities offering the highest quality of joint 
        service care for members of the Armed Forces and their 
        families.
          (4) Congress has supported a Department of Defense 
        request to expedite the construction of the new 
        facilities at Bethesda and Fort Belvoir in order to 
        provide care in better facilities as quickly as 
        possible.
          (5) The Department of Defense has a responsibility to 
        ensure that the expedited design and construction of 
        such facilities do not result in degradation of the 
        quality standards required for world class facilities.
  (b) Independent Design Review.--
          (1) Establishment of design review panel.--The 
        Secretary of Defense shall establish a panel consisting 
        of medical facility design experts, military healthcare 
        professionals, representatives of premier health care 
        facilities in the United States, and patient 
        representatives--
                  (A) to review design plans for the National 
                Military Medical Center and the new military 
                hospital at Fort Belvoir; and
                  (B) to advise the Secretary regarding whether 
                the design, in the view of the panel, will 
                achieve the goal of providing world-class 
                medical facilities; and
          (2) Recommendations for changes to design plan.--If 
        the panel determines that the design plans will not 
        meet such goal, the panel shall make recommendations 
        for changes to those plans to ensure the construction 
        of world-class medical facilities.
          (3) Report.--Not later than 90 days after the date of 
        the enactment of this Act, the panel shall submit to 
        the Secretary of Defense a report on the findings and 
        recommendations of the panel to address any 
        deficiencies in the conceptual design plans.
          (4) Assessment of recommendations.--Not later than 30 
        days after submission of the report under paragraph 
        (3), the Secretary of Defense shall submit to the 
        congressional defense committees a report including--
                  (A) an assessment by the Secretary of the 
                findings and recommendations of the panel; and
                  (B) the plans of the Secretary for addressing 
                such findings and recommendations.
  (c) Cost Estimate.--
          (1) Preparation.--The Department of Defense shall 
        prepare a cost estimate of the total cost to be 
        incurred by the United States to close Walter Reed Army 
        Medical Center, design and construct replacement 
        facilities at the National Naval Medical Center and 
        Fort Belvoir, and relocate operations to the 
        replacement facilities.
          (2) Submission.--The Secretary of Defense shall 
        submit the resulting cost estimate to the congressional 
        defense committees as soon as possible, but in no case 
        later than 120 days after the date of the enactment of 
        this Act.
  (d) Milestone Schedule.--
          (1) Preparation.--The Secretary of Defense shall 
        prepare a complete milestone schedule for the closure 
        of Walter Reed Army Medical Center, the design and 
        construction of replacement facilities at the National 
        Naval Medical Center and Fort Belvoir, and the 
        relocation of operations to the replacement facilities. 
        The schedule shall include a detailed plan regarding 
        how the Department of Defense will carry out the 
        transition of operations between Walter Reed Army 
        Medical Center and the replacement facilities.
          (2) Submission.--The Secretary of Defense shall 
        submit the resulting milestone schedule and transition 
        plan to the congressional defense committees as soon as 
        possible, but in no case later than 45 days after the 
        date of the enactment of this Act.

SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR REFINERIES OR 
                    NUCLEAR POWER PLANTS.

  Not later than October 1, 2009, the Secretary of Defense 
shall submit to the congressional defense committees a report 
evaluating the feasibility of using military installations 
selected for closure under the base closure and realignment 
process as locations for the construction of petroleum or 
natural gas refineries or nuclear power plants.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                 Changes

Sec. 2801. Incorporation of principles of sustainable design in 
          documents submitted as part of proposed military construction 
          projects.
Sec. 2802. Revision of maximum lease amount applicable to certain 
          domestic Army family housing leases to reflect previously made 
          annual adjustments in amount.
Sec. 2803. Use of military family housing constructed under build and 
          lease authority to house members without dependents.
Sec. 2804. Leasing of military family housing to Secretary of Defense.
Sec. 2805. Improved oversight and accountability for military housing 
          privatization initiative projects.
Sec. 2806. Authority to use operation and maintenance funds for 
          construction projects inside the United States Central Command 
          and United States Africa Command areas of responsibility.
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family 
          Housing LLC.

         Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of congressional reporting requirements for 
          certain real property transactions.
Sec. 2812. Authority to lease non-excess property of military 
          departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Defense access roads.
Sec. 2815. Report on application of force protection and anti-terrorism 
          standards to gates and entry points on military installations.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Sense of Congress regarding military housing and utilities 
          related to Guam realignment.
Sec. 2822. Federal assistance to Guam.
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana 
          Islands for military base reuse studies and community planning 
          assistance.
Sec. 2824. Support for realignment of military installations and 
          relocation of military personnel on Guam.

                       Subtitle D--Energy Security

Sec. 2831. Certification of enhanced use leases for energy-related 
          projects.
Sec. 2832. Annual report on Department of Defense installations energy 
          management.

                      Subtitle E--Land Conveyances

Sec. 2841. Land conveyance, former Naval Air Station, Alameda, 
          California.
Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval 
          Security Group Activity, Skaggs Island, California.
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps 
          Logistics Base, Albany, Georgia.
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve 
          Center, Springfield, Ohio.
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through 
          Fort Belvoir, Virginia.

                        Subtitle F--Other Matters

Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to 
          Arlington National Cemetery.
Sec. 2852. Acceptance and use of gifts for construction of additional 
          building at National Museum of the United States Air Force, 
          Wright-Patterson Air Force Base.
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, 
          Hawaii.
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.
Sec. 2855. Naming of health facility, Fort Rucker, Alabama.

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN IN 
                    DOCUMENTS SUBMITTED AS PART OF PROPOSED MILITARY 
                    CONSTRUCTION PROJECTS.

  (a) Definition of Life-Cycle Cost-Effective.--Subsection (c) 
of section 2801 of title 10, United States Code, is amended--
          (1) by transferring paragraph (4) to appear as the 
        first paragraph in the subsection and redesignating 
        such paragraph as paragraph (1);
          (2) by redesignating the subsequent three paragraphs 
        as paragraphs (2), (4), and (5), respectively; and
          (3) by inserting after paragraph (2), as so 
        redesignated, the following new paragraph:
          ``(3) The term `life-cycle cost-effective', with 
        respect to a project, product, or measure, means that 
        the sum of the present values of investment costs, 
        capital costs, installation costs, energy costs, 
        operating costs, maintenance costs, and replacement 
        costs, as estimated for the lifetime of the project, 
        product, or measure, does not exceed the base case 
        (current or standard) for the practice, product, or 
        measure.''.
  (b) Inclusion.--Section 2802 of such title is amended by 
adding at the end the following new subsection:
  ``(c) In determining the scope of a proposed military 
construction project, the Secretary concerned shall submit to 
the President such recommendations as the Secretary considers 
to be appropriate regarding the incorporation and inclusion of 
life-cycle cost-effective practices as an element in the 
project documents submitted to Congress in connection with the 
budget submitted pursuant to section 1105 of title 31 for the 
fiscal year in which a contract is proposed to be awarded for 
the project.''.

SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO CERTAIN 
                    DOMESTIC ARMY FAMILY HOUSING LEASES TO REFLECT 
                    PREVIOUSLY MADE ANNUAL ADJUSTMENTS IN AMOUNT.

  Section 2828(b)(7)(A) of title 10, United States Code, is 
amended by striking ``$18,620 per unit'' and inserting 
``$35,000 per unit''.

SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER BUILD AND 
                    LEASE AUTHORITY TO HOUSE MEMBERS WITHOUT 
                    DEPENDENTS.

  (a) In General.--Subchapter II of chapter 169 of title 10, 
United States Code, is amended by inserting after section 2835 
the following new section:

``Sec. 2835a. Use of military family housing constructed under build 
                    and lease authority to house other members

  ``(a) Individual Assignment of Members Without Dependents.--
(1) To the extent that the Secretary concerned determines that 
military family housing constructed and leased under section 
2835 of this title is not needed to house members of the armed 
forces eligible for assignment to military family housing, the 
Secretary may assign, without rental charge, members without 
dependents to the housing.
  ``(2) A member without dependents who is assigned to housing 
pursuant to paragraph (1) shall be considered to be assigned to 
quarters pursuant to section 403(e) of title 37.
  ``(b) Conversion to Long-Term Leasing of Military 
Unaccompanied Housing.--(1) If the Secretary concerned 
determines that military family housing constructed and leased 
under section 2835 of this title is excess to the long-term 
needs of the family housing program of the Secretary, the 
Secretary may convert the lease contract entered into under 
subsection (a) of such section into a long-term lease of 
military unaccompanied housing.
  ``(2) The term of the lease contract for military 
unaccompanied housing converted from military family housing 
under paragraph (1) may not exceed the remaining term of the 
lease contract for the family housing so converted.
  ``(c) Notice and Wait Requirements.--(1) The Secretary 
concerned may not convert military family housing to military 
unaccompanied housing under subsection (b) until--
          ``(A) the Secretary submits to the congressional 
        defense committees a notice of the intent to undertake 
        the conversion; and
          ``(B) a period of 21 days has expired following the 
        date on which the notice is received by the committees 
        or, if earlier, a period of 14 days has expired 
        following the date on which a copy of the notice is 
        provided in an electronic medium pursuant to section 
        480 of this title.
  ``(2) The notice required by paragraph (1) shall include--
          ``(A) an explanation of the reasons for the 
        conversion of the military family housing to military 
        unaccompanied housing;
          ``(B) a description of the long-term lease to be 
        converted;
          ``(C) amounts to be paid under the lease; and
          ``(D) the expiration date of the lease.
  ``(d) Application to Housing Leased Under Former Authority.--
This section also shall apply to housing initially acquired or 
constructed under the former section 2828(g) of this title 
(commonly known as the `Build to Lease program'), as added by 
section 801 of the Military Construction Authorization Act, 
1984 (Public Law 98-115; 97 Stat 782).''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such subchapter is amended by inserting after the 
item relating to section 2835 the following new item:

``2835a. Use of military family housing constructed under build and 
          lease authority to house other members.''.

SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF DEFENSE.

  (a) Leasing of Housing.--Subchapter II of chapter 169 of 
title 10, United States Code, is amended by inserting after 
section 2837 the following new section:

``Sec. 2838. Leasing of military family housing to Secretary of Defense

  ``(a) Authority.--(1) The Secretary of a military department 
may lease to the Secretary of Defense military family housing 
in the National Capital Region (as defined in section 2674(f) 
of this title).
  ``(2) In determining the military housing unit to lease under 
this section, the Secretary of Defense should first consider 
any available military housing units that are already 
substantially equipped for executive communications and 
security.
  ``(b) Rental Rate.--A lease under subsection (a) shall 
provide for the payment by the Secretary of Defense of 
consideration in an amount equal to 105 percent of the monthly 
rate of basic allowance for housing prescribed under section 
403(b) of title 37 for a member of the uniformed services in 
the pay grade of O-10 with dependents assigned to duty at the 
military installation on which the leased housing unit is 
located. A rate so established shall be considered the fair 
market value of the lease interest.
  ``(c) Treatment of Proceeds.--(1) The Secretary of a military 
department shall deposit all amounts received pursuant to 
leases entered into by the Secretary under this section into a 
special account in the Treasury established for such military 
department.
  ``(2) The proceeds deposited into the special account of a 
military department pursuant to paragraph (1) shall be 
available to the Secretary of that military department, without 
further appropriation, for the maintenance, protection, 
alteration, repair, improvement, or restoration of military 
housing on the military installation at which the housing 
leased pursuant to subsection (a) is located.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such subchapter is amended by adding at the end 
the following new item:

``2838. Leasing of military family housing to Secretary of Defense.''.

SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING 
                    PRIVATIZATION INITIATIVE PROJECTS.

  (a) Oversight and Accountability.--
          (1) In general.--Subchapter IV of chapter 169 of 
        title 10, United States Code, is amended by adding at 
        the end the following new section:

``Sec. 2885. Oversight and accountability for privatization projects

  ``(a) Oversight and Accountability Measures.--Each Secretary 
concerned shall prescribe regulations to effectively oversee 
and manage military housing privatization projects carried out 
under this subchapter. The regulations shall include the 
following requirements for each privatization project:
          ``(1) The installation asset manager shall conduct 
        monthly site visits and provide quarterly reports on 
        the progress of the construction or renovation of the 
        housing units. The reports shall be submitted quarterly 
        to the assistant secretary for installations and 
        environment of the respective military department.
          ``(2) The installation asset manager, and, as 
        applicable, the resident construction manager, 
        privatization asset manager, bondholder representative, 
        project owner, developer, general contractor, and 
        construction consultant for the project shall conduct 
        meetings to ensure that the construction or renovation 
        of the units meets performance and schedule 
        requirements and that appropriate operating and ground 
        lease agreements are in place and adhered to.
          ``(3) If a project is 90 days or more behind schedule 
        or otherwise appears to be substantially failing to 
        adhere to the obligations or milestones under the 
        contract, the assistant secretary for installations and 
        environment of the respective military department shall 
        submit a notice of deficiency to the Deputy Under 
        Secretary of Defense (Installations and Environment), 
        the Secretary concerned, the managing member, and the 
        trustee for the project.
          ``(4)(A) Not later than 15 days after the submittal 
        of a notice of deficiency under paragraph (3), the 
        Secretary concerned or designated representative shall 
        submit to the project owner, developer, or general 
        contractor responsible for the project a summary of 
        deficiencies related to the project.
          ``(B) If the project owner, developer, or general 
        contractor responsible for the privatization project is 
        unable, within 60 days after receiving a notice of 
        deficiency under subparagraph (A), to make progress on 
        the issues outlined in such notice, the Secretary 
        concerned shall notify the congressional defense 
        committees of the status of the project, and shall 
        provide a recommended course of action to correct the 
        problems.
  ``(b) Required Qualifications.--The Secretary concerned or 
designated representative shall ensure that the project owner, 
developer, or general contractor that is selected for each 
military housing privatization initiative project has 
construction experience commensurate with that required to 
complete the project.
  ``(c) Bonding Levels.--The Secretary concerned shall ensure 
that the project owner, developer, or general contractor 
responsible for a military housing privatization initiative 
project has sufficient payment and performance bonds or 
suitable instruments in place for each phase of a construction 
or renovation portion of the project to ensure successful 
completion of the work in amounts as agreed to in the project's 
legal documents, but in no case less than 50 percent of the 
total value of the active phases of the project, prior to the 
commencement of work for that phase.
  ``(d) Reporting of Efforts To Select Successor in Event of 
Default.--In the event a military housing privatization 
initiative project enters into default, the assistant secretary 
for installations and environment of the respective military 
department shall submit a report to the congressional defense 
committees every 90 days detailing the status of negotiations 
to award the project to a new project owner, developer, or 
general contractor.
  ``(e) Effect of Notices of Deficiency on Contractors and 
Affiliated Entities.--(1) The Secretary concerned shall keep a 
record of all plans of action or notices of deficiency issued 
to a project owner, developer, or general contractor under 
subsection (a)(4), including the identity of each parent, 
subsidiary, affiliate, or other controlling entity of such 
owner, developer, or contractor.
  ``(2) Each military department shall consult all records 
maintained under paragraph (1) when reviewing the past 
performance of owners, developers, and contractors in the 
bidding process for a contract or other agreement for a 
military housing privatization initiative project.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by adding at 
        the end the following new item:

``2885. Oversight and accountability for privatization projects.''.
  (b) Report for Identifying and Communicating Best Practices 
for Transactions.--Section 2884(b) of such title is amended by 
adding at the end the following new paragraph:
          ``(7) A report on best practices for the execution of 
        housing privatization initiatives, including--
                  ``(A) effective means to track and verify 
                proper performance, schedule, and cash flow;
                  ``(B) means of overseeing the actions of 
                bondholders to properly monitor construction 
                progress and construction draws;
                  ``(C) effective structuring of transactions 
                to ensure the United States Government has 
                adequate abilities to oversee project owner 
                performance;
                  ``(D) ensuring that notices to proceed on new 
                work are not issued until proper bonding is in 
                place; and
                  ``(E) such other topics that are identified 
                as pertinent by the Department of Defense.''.
  (c) Partnership With Eligible Entity Required.--Section 
2871(5) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``that is 
prepared to enter into a contract as a partner with the 
Secretary concerned for the construction of military housing 
units and ancillary supporting facilities''.
  (d) Competitive Process for Conveyance or Lease of 
Property.--Section 2878 of such title is amended--
          (1) by redesignating subsections (c) and (d) as 
        subsections (d) and (e); respectively; and
          (2) by inserting after subsection (b) the following 
        new subsection:
  ``(c) Competitive Process.--The Secretary concerned shall 
ensure that the time, method, and terms and conditions of the 
reconveyance or lease of property or facilities under this 
section from the eligible entity permit full and free 
competition consistent with the value and nature of the 
property or facilities involved.''.
  (e) Treatment of Acquired or Constructed Housing Units.--
          (1) Repeal of separate assignment authority.--Section 
        2882 of such title is amended to read as follows:

``Sec. 2882. Effect of assignment of members to housing units acquired 
                    or constructed under alternative authority

  ``(a) Treatment as Quarters of the United States.--Except as 
provided in subsection (b), housing units acquired or 
constructed under this subchapter shall be considered as 
quarters of the United States or a housing facility under the 
jurisdiction of a uniformed service for purposes of section 403 
of title 37.
  ``(b) Availability of Basic Allowance for Housing.--A member 
of the armed forces who is assigned to a housing unit acquired 
or constructed under this subchapter that is not owned or 
leased by the United States shall be entitled to a basic 
allowance for housing under section 403 of title 37.
  ``(c) Lease Payments Through Pay Allotments.--The Secretary 
concerned may require members of the armed forces who lease 
housing in housing units acquired or constructed under this 
subchapter to make lease payments for such housing pursuant to 
allotments of the pay of such members under section 701 of 
title 37.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter IV of chapter 169 of such title 
        is amended by striking the item relating to section 
        2882 and inserting the following new item:

``2882. Effect of assignment of members to housing units acquired or 
          constructed under alternative authority.''.

  (f) Annual Report on Maintenance and Repair to Privatized 
General and Flag Officer Quarters.--Section 2884(b) of such 
title, as amended by subsection (b), is further amended by 
adding at the end the following new paragraph:
          ``(8) A report identifying each family housing unit 
        acquired or constructed under this subchapter that is 
        used, or intended to be used, as quarters for a general 
        officer or flag officer and for which the total 
        operation, maintenance, and repair costs for the unit 
        exceeded $50,000. For each housing unit so identified, 
        the report shall also include the total of such 
        operation, maintenance, and repair costs.''.

SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR 
                    CONSTRUCTION PROJECTS INSIDE THE UNITED STATES 
                    CENTRAL COMMAND AND UNITED STATES AFRICA COMMAND 
                    AREAS OF RESPONSIBILITY.

  (a) One-Year Extension of Authority.--Subsection (a) of 
section 2808 of the Military Construction Authorization Act for 
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 
1723), as amended by section 2810 of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public 
Law 108-375; 118 Stat. 2128), section 2809 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109-163; 119 Stat. 3508), section 2802 of the 
Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2466), and section 
2801 of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110-181; 122 Stat. 538), is 
further amended--
          (1) by striking ``2008'' and inserting ``2009''; and
          (2) by striking ``outside the United States'' and 
        inserting ``inside the United States Central Command 
        and United States Africa Command areas of 
        responsibility''.
  (b) Exception for Projects in Afghanistan From Limitation on 
Authority Related to Long-Term United States Presence.--Such 
subsection, as so amended, is further amended by inserting 
before the period at the end of paragraph (2) the following: 
``, unless the military installation is located in Afghanistan, 
for which projects using this authority may be carried out at 
installations deemed as supporting a long-term presence''.
  (c) Modification of Annual Limitation on Use of Authority.--
Subsection (c) of section 2808 of the Military Construction 
Authorization Act for Fiscal Year 2004 (division B of Public 
Law 108-136; 117 Stat. 1723) is amended to read as follows:
  ``(c) Annual Limitation on Use of Authority.--(1) The total 
cost of the construction projects carried out under the 
authority of this section using, in whole or in part, 
appropriated funds available for operation and maintenance 
shall not exceed $200,000,000 in a fiscal year.
  ``(2) If the Secretary of Defense certifies to the 
congressional defense committees that additional construction 
in Afghanistan is required to meet urgent military requirements 
in Afghanistan, up to an additional $300,000,000 in funds 
available for operation and maintenance may be used in 
Afghanistan upon completing the prenotification requirements 
under subsection (b). Under no circumstances shall the total 
appropriated funds available from operation and maintenance for 
fiscal year 2009 exceed $500,000,000.''.
  (d) Quarterly Reports.--Subsection (d)(1) of such section, as 
amended by section 2810 of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public 
Law 108-375; 118 Stat. 2128) and section 2809 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109-163; 119 Stat. 3508), is further amended by 
striking ``30 days'' and inserting ``45 days''.

SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK FAMILY 
                    HOUSING LLC.

  Not later than 30 days after the date of the enactment of 
this Act, the Secretary of the Air Force shall submit to the 
congressional defense committees a cost-benefit analysis of 
dissolving Patrick Family Housing LLC without exercising the 
full range of rights available to the United States Government 
to recover damages from the partnership.

        Subtitle B--Real Property and Facilities Administration

SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIREMENTS FOR 
                    CERTAIN REAL PROPERTY TRANSACTIONS.

  Section 2662(c) of title 10, United States Code, is amended 
by striking ``river and harbor projects or flood control 
projects'' and inserting ``water resource development projects 
of the Corps of Engineers''.

SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY 
                    DEPARTMENTS AND DEFENSE AGENCIES.

  (a) Consolidation of Separate Authorities.--
          (1) Establishment of single authority.--Subsection 
        (a) of section 2667 of title 10, United States Code, is 
        amended to read as follows:
  ``(a) Lease Authority.--Whenever the Secretary concerned 
considers it advantageous to the United States, the Secretary 
concerned may lease to such lessee and upon such terms as the 
Secretary concerned considers will promote the national defense 
or to be in the public interest, real or personal property 
that--
          ``(1) is under the control of the Secretary 
        concerned;
          ``(2) is not for the time needed for public use; and
          ``(3) is not excess property, as defined by section 
        102 of title 40.''.
          (2) Secretary concerned defined.--Subsection (i) of 
        such section is amended by adding at the end the 
        following new paragraph:
          ``(4) The term `Secretary concerned' means--
                  ``(A) the Secretary of a military department, 
                with respect to matters concerning that 
                military department; and
                  ``(B) the Secretary of Defense, with respect 
                to matters concerning the Defense Agencies.''.
  (b) Prohibition on Leaseback With Excessive Annual 
Payments.--Subsection (b) of such section is amended--
          (1) by striking ``and'' at the end of paragraph (5);
          (2) by striking the period at the end of paragraph 
        (6) and inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(7) may not provide for a leaseback by the 
        Secretary concerned with an annual payment in excess of 
        $500,000.''.
  (c) Improved Congressional Notification Requirements.--
Paragraph (4) of subsection (c) of such section is amended to 
read as follows:
  ``(4)(A) Not later than 30 days before issuing a contract 
solicitation or other lease offering under this section for a 
lease whose annual payment, including any in-kind consideration 
to be accepted under subsection (b)(5) or this subsection, will 
exceed $750,000, the Secretary concerned shall submit to the 
congressional defense committees a report containing--
          ``(i) a description of the proposed lease, including 
        the proposed duration of the lease;
          ``(ii) a description of the authorities to be used in 
        entering the lease and the intended participation of 
        the United States in the lease, including a 
        justification of the intended method of participation;
          ``(iii) a statement of the scored cost of the lease, 
        determined using the scoring criteria of the Office of 
        Management and Budget;
          ``(iv) a determination that the property involved in 
        the lease is not excess property, as required by 
        subsection (a)(3), including the basis for the 
        determination;
          ``(v) a determination that the proposed lease is 
        directly compatible with the mission of the military 
        installation or Defense Agency whose property is to be 
        subject to the lease and the anticipated long-term use 
        of the property at the conclusion of the lease; and
          ``(vi) a description of the requirements or 
        conditions within the contract solicitation or other 
        lease offering for the offeror to address taxation 
        issues, including payments-in-lieu-of taxes, and other 
        development issues related to local municipalities.
  ``(B) In the case of a lease described in subparagraph (A), 
the Secretary concerned also shall submit to the congressional 
defense committees a report at least 30 days before the date on 
which the Secretary concerned enters into a lease the following 
information:
          ``(i) A copy of the report submitted under 
        subparagraph (A).
          ``(ii) A description of the differences between the 
        report submitted under that subparagraph and the new 
        report.
          ``(iii) A description of the lessee payment required 
        under this section.''.
  (d) Conforming Amendments to References to Military 
Departments and Installations.--
          (1) Community support facilities and community 
        support services.--Subsection (d) of such section is 
        amended--
                  (A) in paragraph (2), by striking ``Secretary 
                of a military department'' and inserting 
                ``Secretary concerned''; and
                  (B) in paragraphs (3), (4), and (6), by 
                striking ``of the military department'' each 
                place it appears.
          (2) Deposit and use of proceeds.--Subsection (e) of 
        such section is amended--
                  (A) in paragraph (1)(A)--
                          (i) in the matter preceding clause 
                        (i)--
                                  (I) by striking ``Secretary 
                                of a military department'' and 
                                inserting ``Secretary 
                                concerned''; and
                                  (II) by striking ``such 
                                military department'' and 
                                inserting ``that Secretary''; 
                                and
                          (ii) in clause (iii), by striking 
                        ``military department'' and inserting 
                        ``Secretary'';
                  (B) in paragraph (1)(B)(i), by striking 
                ``Secretary of a military department'' and 
                inserting ``Secretary concerned'';
                  (C) in paragraph (1)(C), by striking ``of a 
                military department pursuant to subparagraph 
                (A) shall be available to the Secretary of that 
                military department'' and inserting 
                ``established for the Secretary concerned shall 
                be available to the Secretary'';
                  (D) in paragraph (1)(D)--
                          (i) by striking ``of a military 
                        department under subparagraph (A)'' and 
                        inserting ``established for the 
                        Secretary concerned''; and
                          (ii) by inserting ``or Defense Agency 
                        location'' after ``military 
                        installation'';
                  (E) in paragraph (1)(E), by striking 
                ``installation'' and inserting ``military 
                installation or Defense Agency location''; and
                  (F) in paragraph (3), by striking ``Secretary 
                of a military department'' and inserting 
                ``Secretary concerned''.
          (3) Base closure property.--Subsection (g)(1) of such 
        section is amended by striking ``Secretary of a 
        military department'' and inserting ``Secretary 
        concerned''.
  (e) Repeal of Separate Defense Agency Authority.--
          (1) Repeal.--Section 2667a of such title is repealed.
          (2) Effect on existing contracts.--The repeal of 
        section 2667a of title 10, United States Code, shall 
        not affect the validity or terms of any lease with 
        respect to property of a Defense Agency entered into by 
        the Secretary of Defense under such section before the 
        date of the enactment of this Act.
          (3) Treatment of money rents.--Amounts in any special 
        account established for a Defense Agency pursuant to 
        subsection (d) of section 2667a of title 10, United 
        States Code, before repeal of such section by paragraph 
        (1), and amounts that would be deposited in such an 
        account in connection with a lease referred to in 
        paragraph (2), shall--
                  (A) remain available until expended for the 
                purposes specified in such subsection, 
                notwithstanding the repeal of such section by 
                paragraph (1); or
                  (B) to the extent provided in appropriations 
                Acts, be transferred to the special account 
                required for the Secretary of Defense by 
                subsection (e) of section 2667 of such title, 
                as amended by subsection (d)(2) of this 
                section.
  (f) Clerical Amendments.--
          (1) Section heading.--The heading of section 2667 of 
        such title is amended to read as follows:

``Sec. 2667. Leases: non-excess property of military departments and 
                    Defense Agencies''.

          (2) Table of sections.--The table of sections at the 
        beginning of chapter 159 of such title is amended by 
        striking the items relating to sections 2667 and 2667a 
        and inserting the following new item:

``2667. Leases: non-excess property of military departments and Defense 
          Agencies.''.

SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.

  Section 2688 of title 10, United States Code, is amended--
          (1) by redesignating subsection (j) as subsection 
        (k); and
          (2) by inserting after subsection (i) the following 
        new subsection:
  ``(j) Construction of Utility Infrastructure After Conveyance 
of a Utility System.--(1) Upon conveyance of a utility system, 
the Secretary of a military department may convey additional 
utility infrastructure under the jurisdiction of the Secretary 
on a military installation to a utility or entity to which a 
utility system for the installation has been conveyed under 
subsection (a) if the Secretary determines that--
          ``(A) the additional utility infrastructure was 
        constructed or installed after the date of the 
        conveyance of the utility system;
          ``(B) the additional utility infrastructure cannot 
        operate without being a part of the conveyed utility 
        system;
          ``(C) the additional utility infrastructure was 
        planned and coordinated with the entity operating the 
        conveyed utility system; and
          ``(D) the military department receives as 
        consideration an amount equal to the fair market value 
        of the utility infrastructure determined in the same 
        manner as the consideration the Secretary could require 
        under subsection (c) for a conveyance under subsection 
        (a).
  ``(2) The conveyance under this paragraph may consist of all 
right, title, and interest of the United States or such lesser 
estate as the Secretary considers appropriate to serve the 
interests of the United States.''.

SEC. 2814. DEFENSE ACCESS ROADS.

  (a) Basis for Transportation Needs Assessment.--Section 
210(a) of title 23, United States Code, is amended--
          (1) by striking ``(a)'' and inserting ``(a)(1)''; and
          (2) by adding at the end the following new paragraph:
  ``(2) If it is determined that an action of the Department of 
Defense will cause a significant transportation impact to 
access to a military reservation, the Secretary of Defense 
shall conduct a transportation needs assessment to assess the 
magnitude of the improvement required to address the impact.''.
  (b) Report on Recently Identified Transportation Impacts.--
Not later than April 1, 2009, the Secretary of Defense shall 
submit to the congressional defense committees and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that details the significant 
transportation impacts resulting from actions of the Department 
of Defense since January 1, 2005. In the report, the Secretary 
shall assess the funding requirements necessary to address 
transportation needs resulting from these significant 
transportation impacts.

SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-TERRORISM 
                    STANDARDS TO GATES AND ENTRY POINTS ON MILITARY 
                    INSTALLATIONS.

  (a) Report Required.--Not later than February 1, 2009, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the implementation of Department of 
Defense Anti-Terrorism/Force Protection standards at gates and 
entry points of military installations.
  (b) Content.--The report required under subsection (a) shall 
include the following:
          (1) A description of the anti-terrorism/force 
        protection standards for gates and entry points.
          (2) An assessment, by installation, of whether the 
        gates and entry points meet anti-terrorism/force 
        protection standards.
          (3) An assessment of whether the standards are met 
        with either temporary or permanent measures, 
        facilities, or equipment.
          (4) A description and cost estimate of each action to 
        be taken by the Secretary of Defense for each 
        installation to ensure compliance with Department of 
        Defense Anti-Terrorism/Force Protection standards using 
        permanent measures and construction methods.
          (5) An investment plan to complete all action 
        required to ensure compliance with the standards 
        described under paragraph (1).

           Subtitle C--Provisions Related to Guam Realignment

SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND UTILITIES 
                    RELATED TO GUAM REALIGNMENT.

  (a) Nature of Special Purpose Entities.--It is the sense of 
Congress that any military family housing provided in 
connection with the realignment of military installations and 
the relocation of military personnel on Guam should--
          (1) be operated, to the extent practicable, in the 
        manner provided for public-private ventures under 
        subchapter IV of chapter 169 of title 10, United States 
        Code; and
          (2) should be constructed in accordance with current 
        Department of Defense building standards.
  (c) Utility Infrastructure Improvements.--It is the sense of 
Congress that the proposed utility infrastructure improvements 
on Guam should incorporate the civilian and military 
infrastructure into a single grid to realize and maximize the 
effectiveness of the overall utility system, if appropriate 
cost sharing and quality standards are met.

SEC. 2822. FEDERAL ASSISTANCE TO GUAM.

  (a) Sense of Congress.--It is the sense of Congress that the 
Interagency Group on Insular Areas, in coordination with the 
appropriate Federal agencies, should enter into a memorandum of 
understanding with the Government of Guam to identify, before 
the realignment of military installations and the relocation of 
military personnel on Guam, local funding requirements for 
civilian infrastructure development and other needs related to 
the realignment and relocation.
  (b) Report Required.--Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report on the 
status of interagency coordination through the Interagency 
Group on Insular Areas of budgetary requests to assist the 
Government of Guam with its budgetary requirements related to 
the realignment of military forces on Guam. The report shall 
address to what extent and how the Interagency Group on Insular 
Areas will be able to coordinate interagency budgets so the 
realignment of military forces on Guam will meet the 2014 
completion date as stipulated in the May 2006 security 
agreement between the United States and Japan.
  (c) Interagency Group on Insular Areas Defined.--In this 
section, the term ``Interagency Group on Insular Areas'' means 
the interagency group established by Executive Order No. 13299 
of May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 
1451). The term includes any sub-group or working group of that 
interagency group.

SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA 
                    ISLANDS FOR MILITARY BASE REUSE STUDIES AND 
                    COMMUNITY PLANNING ASSISTANCE.

  (a) Inclusion in Definition of Military Installation.--
Section 2687(e)(1) of title 10, United States Code, is amended 
by inserting after ``Virgin Islands,'' the following: ``the 
Commonwealth of the Northern Mariana Islands,''.
  (b) Inclusion of Facilities Owned and Operated by 
Commonwealth.--Section 2391(d)(1) of title 10, United States 
Code, is amended by inserting after ``Guam,'' the following: 
``the Commonwealth of the Northern Mariana Islands,''.

SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS AND 
                    RELOCATION OF MILITARY PERSONNEL ON GUAM.

  (a) Establishment of Account.--There is established on the 
books of the Treasury an account to be known as the ``Support 
for United States Relocation to Guam Account'' (in this section 
referred to as the ``Account'').
  (b) Credits to Account.--
          (1) Amounts in fund.--There shall be credited to the 
        Account all contributions received during fiscal year 
        2009 and subsequent fiscal years under section 2350k of 
        title 10, United States Code, for the realignment of 
        military installations and the relocation of military 
        personnel on Guam.
          (2) Notice of receipt of contributions.--The 
        Secretary of Defense shall submit to the congressional 
        defense committees written notice of the receipt of 
        contributions referred to in paragraph (1), including 
        the amount of the contributions, not later than 30 days 
        after receiving the contributions.
  (c) Use of Account.--
          (1) Authorized uses.--Subject to paragraph (2), 
        amounts in the Account may be used as follows:
                  (A) To carry out or facilitate the carrying 
                out of a transaction authorized by this section 
                in connection with the realignment of military 
                installations and the relocation of military 
                personnel on Guam, including military 
                construction, military family housing, 
                unaccompanied housing, general facilities 
                constructions for military forces, and 
                utilities improvements.
                  (B) To carry out improvements of property or 
                facilities on Guam as part of such a 
                transaction.
                  (C) To obtain property support services for 
                property or facilities on Guam resulting from 
                such a transaction.
                  (D) To develop military facilities or 
                training ranges in the Commonwealth of the 
                Northern Mariana Islands.
          (2) Compliance with guam master plan.--Transactions 
        authorized by paragraph (1) shall be consistent with 
        the Guam Master Plan, as incorporated in decisions made 
        in the manner provided in section 102 of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332).
          (3) Limitation regarding military housing.--To extent 
        that the authorities provided under subchapter IV of 
        chapter 169 of title 10, United States Code, are 
        available to the Secretary of Defense, the Secretary 
        shall use such authorities to acquire, construct, or 
        improve family housing units or ancillary supporting 
        facilities in connection with the relocation of 
        military personnel on Guam.
          (4) Special requirements regarding use of 
        contributions.--
                  (A) Treatment of contributions.--Except as 
                provided in subparagraph (C), the use of 
                contributions referred to in subsection (b)(1) 
                shall not be subject to conditions imposed on 
                the use of appropriated funds by chapter 169 of 
                title 10, United States Code, or contained in 
                annual military construction appropriations 
                Acts.
                  (B) Notice of obligation.--Contributions 
                referred to in subsection (b)(1) may not be 
                obligated for a transaction authorized by 
                paragraph (1) until the Secretary of Defense 
                submits to the congressional defense committees 
                notice of the transaction, including a detailed 
                cost estimate, and a period of 21 days has 
                elapsed after the date on which the 
                notification is received by the committees or, 
                if earlier, a period of 14 days has elapsed 
                after the date on which a copy of the 
                notification is provided in an electronic 
                medium.
                  (C) Cost and scope of work variations.--
                Section 2853 of title 10, United States Code, 
                shall apply to the use of contributions 
                referred to in subsection (b)(1).
  (d) Transfer Authority.--
          (1) Transfer to housing funds.--The Secretary of 
        Defense may transfer funds from the Account to the 
        Department of Defense Family Housing Improvement Fund 
        established by section 2883(a)(1) of title 10, United 
        States Code.
          (2) Treatment of transferred amounts.--Amounts 
        transferred under paragraph (1) to a fund referred to 
        in that paragraph shall be available in accordance with 
        the provisions of section 2883 of title 10, United 
        States Code for activities on Guam authorized under 
        subchapter IV of chapter 169 of such title.
  (e) Report Regarding Guam Military Construction.--Not later 
than February 15 of each year, the Secretary of Defense shall 
submit to Congress a report containing information on each 
military construction project included in the budget submission 
for the next fiscal year related to the realignment of military 
installations and the relocation of military personnel on Guam. 
The Secretary shall present the information in manner 
consistent with the presentation of projects in the military 
construction accounts for each of the military departments in 
the budget submission. The report shall also include projects 
associated with the realignment of military installations and 
relocation of military personnel on Guam that are included in 
the future-years defense program pursuant to section 221 of 
title 10, United States Code.
  (f) Sense of Congress.--It is the sense of Congress that the 
use of the Account to facilitate construction projects 
associated with the realignment of military installations and 
the relocation of military personnel on Guam, as authorized by 
subsection (c)(1), provides a great opportunity for business 
enterprises of the United States and its territories to 
contribute to the United States strategic presence in the 
western Pacific by competing for contracts awarded for such 
construction. Congress urges the Secretary of Defense to ensure 
maximum participation by business enterprises of the United 
States and its territories in such construction.

                      Subtitle D--Energy Security

SEC. 1. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-RELATED 
                    PROJECTS.

  Section 2667(h) of title 10, United States Code, is amended 
by adding at the end the following new paragraph:
  ``(5) If a proposed lease under subsection (a) involves a 
project related to energy production and the term of the lease 
exceeds 20 years, the Secretary concerned may not enter into 
the lease until at least 30 days after the date on which the 
Secretary of Defense submits to the congressional defense 
committees a certification that the project is consistent with 
the Department of Defense performance goals and plan required 
by section 2911 of this title.''.

SEC. 2. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS ENERGY 
                    MANAGEMENT.

  Section 2925(a) of title 10, United States Code, is amended--
          (1) by striking the subsection heading and inserting 
        the following: ``Annual Report Related to Installations 
        Energy Management.--'';
          (2) in paragraph (1), by inserting ``, the Energy 
        Independence and Security Act of 2007 (Public Law 110-
        140),'' after ``58)''; and
          (3) by adding at the end the following new paragraph:
          ``(6) A description and estimate of the progress made 
        by the military departments to meet the certification 
        requirements for sustainable green-building standards 
        in construction and major renovations as required by 
        section 433 of the Energy Independence and Security Act 
        of 2007 (Public Law 110-140; 121 Stat. 1612).''.

                      Subtitle E--Land Conveyances

SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, ALAMEDA, 
                    CALIFORNIA.

  (a) Conveyance Authorized.--The Secretary of the Navy may 
convey to the redevelopment authority for the former Naval Air 
Station Alameda, California (in this section referred to as the 
``redevelopment authority''), all right, title and interest of 
the United States in and to the real and personal property 
comprising Naval Air Station Alameda, except those parcels 
identified for public benefit conveyance and certain surplus 
lands at the Naval Air Station Alameda described in the Federal 
Register on November 5, 2007. In this section, the real and 
personal property to be conveyed under this section is referred 
to as the ``NAS Property''.
  (b) Multiple Conveyances.--The conveyance of the NAS Property 
may be conducted through multiple parcel transfers.
  (c) Consideration.--As consideration for the conveyance of 
the NAS Property under subsection (a), the Secretary of the 
Navy shall seek to obtain fair market value.
  (d) Existing Uses.--During the three-year period beginning on 
the date on which the first conveyance under this section is 
made, the redevelopment authority shall make reasonable efforts 
to accommodate the continued use by the United States of those 
portions of the NAS Property covered by a request for Federal 
Land Transfer so long as the accommodation of such use is at no 
cost or expense to the redevelopment authority. Such 
accommodations shall provide adequate protection for the 
endangered California Least Tern in accordance with the 
requirements of the existing Biological Opinion for Naval Air 
Station Alameda dated March 22, 1999, and any future amendments 
to the Biological Opinion.
  (e) Savings Provision.--Nothing in this section shall be 
construed to affect or limit the application of, or any 
obligation to comply with, any environmental law, including the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).
  (f) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under this 
section shall be determined by a survey satisfactory to the 
Department.
  (g) Master Lease.--The Lease in Furtherance of Conveyance, 
dated June 2000, as amended, between the Secretary of the Navy 
and the redevelopment authority shall remain in full force and 
effect until conveyance of the NAS Property in accordance with 
this section, and a lease amendment recognizing this section 
shall be offered by the Secretary.
  (h) Treatment of Amounts Received.--Amounts received by the 
United States under this section shall be credited to the fund 
or account intended to receive proceeds from the disposal of 
the NAS Property pursuant to the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note).
  (i) Additional Terms and Conditions.--The Secretary of the 
Navy may require such additional terms and conditions in 
connection with the conveyance under subsection (a) as the 
Secretary considers appropriate to protect the interests of the 
United States.

SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED 
                    NAVAL SECURITY GROUP ACTIVITY, SKAGGS ISLAND, 
                    CALIFORNIA.

  (a) Transfer Memorandum of Agreement.--The Secretary of the 
Navy and the Secretary of the Interior shall negotiate a 
memorandum of agreement that stipulates the conditions upon 
which the decommissioned Naval Security Group Activity, Skaggs 
Island, Sonoma, California shall be transferred from the 
administrative jurisdiction of the Department of the Navy to 
the United States Fish and Wildlife Service for inclusion in 
the National Wildlife Refuge System.
  (b) Acceptance of Donations; Use.--The Secretary of the Navy 
and the Secretary of the Interior may accept contributions from 
the State of California and other entities to help cover the 
costs of demolishing and removing structures on the property 
described in subsection (a) and to facilitate future 
environmental restoration that furthers the ultimate end use of 
the property for conservation purposes. Amounts received may be 
merged with other amounts available to the Secretaries to carry 
out this section and shall remain available, without further 
appropriation and until expended.

SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, MARINE CORPS 
                    LOGISTICS BASE, ALBANY, GEORGIA.

  (a) Transfer Authorized.--The Secretary of Defense may 
transfer any proceeds from the sale of approximately 120.375 
acres of improved land located at the former Boyett Village 
Family Housing Complex at the Marine Corps Logistics Base, 
Albany, Georgia, into the Department of Defense Family Housing 
Improvement Fund established under section 2883(a)(1) of title 
10, United States Code, for carrying out activities under 
subchapter IV of chapter 169 of that title with respect to 
military family housing.
  (b) Notification Requirement.--A transfer of proceeds under 
subsection (a) may be made only after the end of the 30-day 
period beginning on the date the Secretary of Defense submits 
written notice of the transfer to the congressional defense 
committees.

SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS ARMY 
                    RESERVE CENTER, SPRINGFIELD, OHIO.

  (a) Conveyance Authorized.--At such time as the Army Reserve 
vacates the Sergeant First Class M.L. Downs Army Reserve Center 
at 1515 West High Street in Springfield, Ohio, the Secretary of 
the Army may convey, without consideration, to the City of 
Springfield, Ohio (in this section referred to as the 
``City''), all right, title, and interest of the United States 
in and to the parcel of real property, including improvements 
thereon, containing the Reserve Center and approximately three 
acres for the purpose of permitting the City to utilize the 
property for municipal government activities.
  (b) Reversionary Interest.--If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the purpose of the 
conveyance, all right, title, and interest in and to such real 
property, including any improvements and appurtenant easements 
thereto, shall, at the option of the Secretary, revert to and 
become the property of the United States, and the United States 
shall have the right of immediate entry onto such real 
property. A determination by the Secretary under this 
subsection shall be made on the record after an opportunity for 
a hearing.
  (c) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to 
the Secretary.
  (d) Payment of Costs of Conveyances.--
          (1) Payment required.--The Secretary shall require 
        the City to cover costs to be incurred by the 
        Secretary, or to reimburse the Secretary for costs 
        incurred by the Secretary, to carry out the conveyance 
        under subsection (a), including survey costs, costs 
        related to environmental documentation, and other 
        administrative costs related to the conveyance. If 
        amounts are collected from the City in advance of the 
        Secretary incurring the actual costs, and the amount 
        collected exceeds the costs actually incurred by the 
        Secretary to carry out the conveyance, the Secretary 
        shall refund the excess amount to the City.
          (2) Treatment of amounts received.--Amounts received 
        as reimbursements under paragraph (1) shall be credited 
        to the fund or account that was used to cover the costs 
        incurred by the Secretary in carrying out the 
        conveyance. Amounts so credited shall be merged with 
        amounts in such fund or account and shall be available 
        for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or 
        account.
  (e) Additional Term and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.

SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, TENNESSEE.

  (a) Conveyance Authorization.--The Secretary of the Army may 
convey, without consideration, to the State of Tennessee all 
right, title, and interest of the United States in and to a 
parcel of real property, including any improvements thereon and 
appurtenant easements thereto, consisting of approximately 124 
acres known as the John Sevier Range in Knox County, Tennessee, 
for the purpose of using such real property as a public firing 
range and for other public recreational activities.
  (b) Reversionary Interest.--If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the terms of the 
conveyance, all right, title, and interest in and to such real 
property, including any improvements and appurtenant easements 
thereto, shall, at the option of the Secretary, revert to and 
become the property of the United States, and the United States 
shall have the right of immediate entry onto such real 
property. A determination by the Secretary under this 
subsection shall be made on the record after an opportunity for 
a hearing.
  (c) Administrative Expenses.--In accordance with section 2695 
of title 10, United State Code, the Secretary may accept 
amounts provided by the State to cover administrative expenses 
incurred by the Secretary with respect to the conveyance 
authorized under subsection (a), including survey expenses, 
expenses related to environmental documentation, and other 
administrative expenses related to such conveyance. Such 
amounts shall be credited, pursuant to subsection (c) of 
section 2695 of such title, to the appropriation, fund, or 
account from which such expenses were paid. If amounts are 
collected from the State in advance of the Secretary incurring 
such expenses, and the amount collected exceeds the expenses 
actually incurred by the Secretary, the Secretary shall refund 
the excess amount to the State.
  (d) Description of Property.--The exact acreage and legal 
description of the real property authorized to be conveyed 
under subsection (a) shall be determined by a survey 
satisfactory to the Secretary and the State.
  (e) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyance authorized under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United 
States.

SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, UTAH.

  (a) Conveyance Authorized.--If the Secretary of the Army 
determines that it is the national security interest of the 
United States, the Secretary may convey, without consideration, 
to the State of Utah (in this section, the ``State'') on behalf 
of the Utah National Guard all right, title, and interest of 
the United States in and to two parcels of real property, 
including improvements thereon, that are located within the 
boundaries of Camp Williams, Utah, consisting of approximately 
608 acres and 308 acres, respectively, and are identified in 
the Utah National Guard master plan.
  (b) Condition.--As a condition of the conveyance, the 
Secretary shall, not later than 21 days before carrying out the 
conveyance, submit a report to Congress certifying that the 
purpose of the conveyance is to further the interest of 
national security and the property conveyed will be used for 
military purposes only.
  (c) Reversionary Interest.--If the Secretary determines at 
any time that the real property conveyed under subsection (a), 
or any portion thereof, has been sold or is not being used in a 
manner consistent with subsection (b), the property shall 
revert, at the option of the Secretary, to the United States, 
and the United States shall have the right of immediate entry 
onto the property. Any determination of the Secretary under 
this subsection shall be made on the record after consultation 
with the Governor of the State of Utah and an opportunity for a 
hearing.
  (d) Payment of Costs of Conveyance.--
          (1) Payment required.--The Secretary shall require 
        the State to cover costs to be incurred by the 
        Secretary, or to reimburse the Secretary for costs 
        incurred by the Secretary, to carry out the conveyance 
        under subsection (a), including survey costs, costs 
        related to environmental documentation, and other 
        administrative costs related to the conveyance. If 
        amounts are collected from the State in advance of the 
        Secretary incurring the actual costs, and the amount 
        collected exceeds the costs actually incurred by the 
        Secretary to carry out the conveyance, the Secretary 
        shall refund the excess amount to the State.
          (2) Treatment of amounts received.--Amounts received 
        as reimbursements under paragraph (1) shall be credited 
        to the fund or account that was used to cover the costs 
        incurred by the Secretary in carrying out the 
        conveyance. Amounts so credited shall be merged with 
        amounts in such fund or account and shall be available 
        for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or 
        account.
  (e) Description of Real Property.--The exact acreage and 
legal description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to 
the Secretary.
  (f) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States.

SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL THROUGH 
                    FORT BELVOIR, VIRGINIA.

  (a) Agreement Authority.--The Secretary of the Army may enter 
into a revocable at will easement with the Secretary of the 
Interior to provide land along the perimeter of Fort Belvoir, 
Virginia, to be used as a segment of the Potomac Heritage 
National Scenic Trail.
  (b) Selection Criteria.--In determining the extent of the 
easement, the Secretary of the Army shall provide for a single 
trail, and select alignments of the trail, along the perimeter 
of Fort Belvoir. In making that determination, the Secretary 
shall consider--
          (1) the perimeter security requirements to protect 
        the assets, people, and agency missions located at Fort 
        Belvoir;
          (2) the appropriate setback from adjacent roadways to 
        provide for a safe and enjoyable experience for users 
        of the trail; and
          (3) any planned future expansion of roadways, 
        including United States Route 1, so that the trail will 
        not be adversely impacted by roadway construction.
  (c) Trail Administration and Management.--A written agreement 
confirming an administration and management arrangement of any 
segment of the Potomac Heritage National Scenic Trail along the 
perimeter of Fort Belvoir shall be co-signed by the parties to 
the easement agreement.

                       Subtitle F--Other Matters

SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO 
                    ARLINGTON NATIONAL CEMETERY.

  Section 2881(h)(1) of the Military Construction Authorization 
Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 
Stat. 879), as amended by section 2871 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110-181; 122 Stat. 561), is further amended by 
striking ``January 1, 2011'' and inserting ``January 1, 2012''.

SEC. 2852. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF ADDITIONAL 
                    BUILDING AT NATIONAL MUSEUM OF THE UNITED STATES 
                    AIR FORCE, WRIGHT-PATTERSON AIR FORCE BASE.

  (a) Acceptance Authorized.--The Secretary of the Air Force 
may accept from the Air Force Museum Foundation, a private 
nonprofit corporation, gifts in the form of cash, treasury 
instruments, or comparable United States securities for the 
purpose of paying the costs of design and construction of a 
fourth building for the National Museum of the United States 
Air Force at Wright-Patterson Air Force Base, Ohio. In making a 
gift, the Air Force Museum Foundation may specify that all or 
part of the amount of the gift be utilized solely for the 
purpose of the design and construction of a particular portion 
of the building and for contract management related to such 
design and construction.
  (b) Escrow Account.--
          (1) Deposit of gifts.--The Secretary of the Air 
        Force, acting through the Director of Financial 
        Management of the Air Force Materiel Command (in this 
        section referred to as the ``Director''), shall deposit 
        the amount of any gift accepted under subsection (a) in 
        an escrow account established for that purpose.
          (2) Investment.--Amounts in the escrow account not 
        required to meet current requirements of the account 
        shall be invested in public debt securities with 
        maturities suitable to the needs of the account, as 
        determined by the Director, and bearing interest at 
        rates that take into consideration current market 
        yields on outstanding marketable obligations of the 
        United States of comparable securities. The income on 
        such investments shall be credited to and form a part 
        of the account.
          (3) Liquidation.--Upon final payment of all invoices 
        and claims associated with the design and construction 
        of the building described in subsection (a), the 
        Secretary shall terminate the escrow account. Any 
        amounts remaining in the account upon termination shall 
        be available to the Secretary, in such amounts as are 
        provided in advance in appropriations Acts, for such 
        purposes as the Secretary considers appropriate.
  (c) Use of Gifts.--
          (1) Design, construction, and contract management.--
        Subject to any conditions imposed by the Air Force 
        Museum Foundation under subsection (a), the Director 
        shall use amounts in the escrow account, including 
        income on investments, to pay all costs for the design 
        and construction of a fourth building for the National 
        Museum of the United States Air Force and all costs for 
        contract management related to such design and 
        construction. The requirement imposed by this paragraph 
        includes making progress payments for such design and 
        construction.
          (2) Sole source of funds.--Gifts received under 
        subsection (a) and income on investments made under 
        subsection (b)(2) shall be the sole source of funds 
        used to pay all costs for the design and construction 
        of a fourth building for the National Museum of the 
        United States Air Force and all costs for contract 
        management related to such design and construction.
          (3) Time for payment.--Amounts shall be payable under 
        paragraph (1) upon receipt by the Director of a 
        notification from the technical representative of the 
        contracting officer that construction activities for 
        which such amounts are payable under paragraph (1) have 
        been undertaken. To the maximum extent practicable 
        consistent with good business practice, the Director 
        shall limit payment of amounts from the account in 
        order to maximize the return on investment of amounts 
        in the account.
  (d) Limitation on Contracts.--The Secretary of the Air Force 
may not initiate a contract for the design or construction of a 
particular portion of the building described in subsection (a) 
until amounts in the escrow account are sufficient to cover the 
amount of the contract.

SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR NAVAL 
                    BASE, HAWAII.

  (a) Lease.--The Secretary of the Navy shall enter into a 
lease with the USS Missouri Memorial Association to authorize 
the USS Missouri Memorial Association to use the pier Foxtrot 
Five and related real property on Ford Island, Pearl Harbor 
Naval Base, Hawaii, during calendar years 2009 and 2010.
  (b) Consideration.--The lease required by subsection (a) 
shall be made without consideration.
  (c) Conditions on Use of Leased Property.--As conditions on 
the lease under subsection (a), the USS Missouri Memorial 
Association shall agree--
          (1) to preserve and maintain the ex-USS Missouri for 
        education purposes, historic preservation, and 
        community outreach;
          (2) that the Navy may use the leased property without 
        charge for purposes that do not interfere with the use 
        of such property by the USS Missouri Memorial 
        Association; and
          (3) that the Navy may use the ex-USS Missouri for 
        official functions at no cost.
  (d) Effect of Violation.--If the Secretary determines at any 
time that the USS Missouri Memorial Association is not in 
compliance with the conditions imposed by subsection (c), the 
Secretary may terminate the lease referred to in subsection 
(a). Any determination of the Secretary under this subsection 
shall be made on the record after an opportunity for a hearing.

SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA.

  (a) Conditions on Conveyance, Grant, Lease, or License.--Any 
conveyance, grant, lease, or license from the United States to 
the Commonwealth of Pennsylvania or other legal entity that 
includes the airfield property located at NASJRB Willow Grove 
and designated for operation as a Joint Interagency 
Installation pursuant to section 3703 of the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (Public Law 110-28; 121 
Stat. 145) shall be subject to the restrictions on the use of 
the airfield set forth in subsection (b).
  (b) Restrictions on Use.--The airfield at the installation 
shall not be used for any of the following purposes:
          (1) Commercial passenger operations.
          (2) Commercial cargo operations.
          (3) Commercial, business, or nongovernment aircraft 
        operations for purposes not related to the missions of 
        the installation, except that this paragraph shall not 
        apply in exigent circumstances or prohibit use of the 
        airfield by or on behalf of any associated user which 
        is a tenant of the installation.
          (4) As a reliever airport to relieve congestion at 
        other airports or to provide improved general aviation 
        access to the overall community, except that this 
        paragraph shall not apply in exigent circumstances.
  (c) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to diminish or alter authorized uses 
of the installation, including the military enclave that is 
part thereof, by the United States or its agencies or 
instrumentalities or to limit use of the property in exigent 
circumstances.
  (d) Definitions.--In this section:
          (1) Airfield.--The term ``airfield'' means the 
        airfield referred to in subsection (a).
          (2) Associated users.--The term ``associated users'' 
        means  nongovernmental organizations and private 
        entities that use the airfield for purposes related to 
        the national defense, homeland security, and emergency 
        preparedness missions of the installation.
          (3) Exigent circumstances.--The term ``exigent 
        circumstances''  means unusual conditions, including 
        adverse or unusual weather conditions, alerts, and 
        actual or threatened emergencies that are determined by 
        the installation to require limited-duration use of the 
        installation or its airfield for operations, including 
        flying operations, for uses otherwise restricted under 
        subsection (b).
          (4) Commercial cargo operations.--The term 
        ``commercial cargo operations'' means aircraft 
        operations by a commercial cargo or freight carrier in 
        cases in which cargo is delivered to or flown from the 
        installation under established schedules, except that 
        the term does not include any cargo operations 
        undertaken by or on behalf of any user of the 
        installation or cargo operations related to the 
        national defense, homeland security, and emergency 
        preparedness missions of the installation.
          (5) Commercial passenger operations.--The term 
        ``commercial passenger operations'' means aircraft 
        passenger operations by commercial passenger carriers 
        involving flights where passengers are boarded or 
        enplaned at the installation, except that the term does 
        not include passenger operations undertaken by or on 
        behalf of any user of the installation or passenger 
        operations related to the national defense, homeland 
        security, and emergency preparedness missions of the 
        installation.
          (6) Installation.--The term ``installation'' means 
        the Joint Interagency Installation referred to in 
        subsection (a).

SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.

  The health facility located at 301 Andrews Avenue in Fort 
Rucker, Alabama, shall be known and designated as the ``Lyster 
Army/VA Health Clinic''. Any reference in a law, map, 
regulation, document, paper, or other record of the United 
States to such facility shall be deemed to be a reference to 
the Lyster Army/VA Health Clinic.

      TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                  Subtitle A--Fiscal Year 2008 Projects

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition 
          projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition 
          projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army 
          projects.

                  Subtitle B--Fiscal Year 2009 Projects

Sec. 2911. Authorized Army construction and land acquisition projects.
Sec. 2912. Authorized Navy construction and land acquisition projects.

                 Subtitle A--Fiscal Year 2008 Projects

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(c)(1), the Secretary of the Army may acquire real property and 
carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Alaska..........................  Fort Wainwright....        $17,000,000
California......................  Fort Irwin.........        $11,800,000
Colorado........................  Fort Carson........         $8,400,000
Georgia.........................  Fort Gordon........        $39,800,000
Hawaii..........................  Schofield Barracks.        $12,500,000
Kentucky........................  Fort Campbell......         $9,900,000
                                  Fort Knox..........         $7,400,000
North Carolina..................  Fort Bragg.........         $8,500,000
Oklahoma........................  Fort Sill..........         $9,000,000
Texas...........................  Fort Bliss.........        $17,300,000
                                  Fort Hood..........         $7,200,000
                                  Fort Sam Houston...        $54,000,000
Virginia........................  Fort Lee...........         $7,400,000
------------------------------------------------------------------------

  (b) Outside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(c)(2), the Secretary of the Army may acquire real property and 
carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Iraq  ..........................  Camp Adder.........        $13,200,000
                                  Camp Ramadi........         $6,200,000
                                  Fallujah...........         $5,500,000
------------------------------------------------------------------------

  (c) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under 2901(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110-181; 122 Stat. 571), funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 2007, for military construction, land 
acquisition, and military family housing functions of the 
Department of the Army in the total amount of $241,100,000 as 
follows:
          (1) For military construction projects inside the 
        United States authorized by subsection (a), 
        $210,200,000.
          (2) For military construction projects outside the 
        United States authorized by subsection (b), 
        $24,900,000.
          (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $6,000,000.

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(b)(1), the Secretary of the Navy may acquire real property and 
carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
California......................  Camp Pendleton.....         $9,270,000
                                  China Lake.........         $7,210,000
                                  Point Mugu.........         $7,250,000
                                  San Diego..........        $12,299,000
                                  San Diego Marine           $43,200,000
                                   Corps Recruit
                                   Depot (MCRD).
                                  Twentynine Palms...        $11,250,000
Florida.........................  Eglin Air Force               $780,000
                                   Base.
Mississippi.....................  Gulfport...........         $6,570,000
North Carolina..................  Camp Lejeune.......        $27,980,000
Virginia........................  Yorktown...........         $8,070,000
------------------------------------------------------------------------

  (b) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under 2902(d) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110-181; 122 Stat. 572), funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 2007, for military construction, land 
acquisition, and military family housing functions of the 
Department of the Navy in the total amount of $137,931,000 as 
follows:
          (1) For military construction projects inside the 
        United States authorized by subsection (a), 
        $133,879,000.
          (2) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $4,052,000.

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
                    PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(c)(1), the Secretary of the Air Force may acquire real 
property and carry out military construction projects for the 
installations or locations inside the United States, and in the 
amounts, set forth in the following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
California......................  Beale Air Force            $17,600,000
                                   Base.
Florida.........................  Eglin Air Force            $11,000,000
                                   Base.
New Mexico......................  Cannon Air Force            $8,000,000
                                   Base.
------------------------------------------------------------------------

  (b) Outside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(c)(2), the Secretary of the Air Force may acquire real 
property and carry out military construction projects for the 
installations or locations outside the United States, and in 
the amounts, set forth in the following table:

                  Air Force: Outside the United States
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Qatar...........................  Al Udeid...........        $60,400,000
------------------------------------------------------------------------

  (c) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under 2903(b) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110-181; 122 Stat. 573), funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 2007, for military construction, land 
acquisition, and military family housing functions of the 
Department of the Air Force in the total amount of $98,427,000, 
as follows:
          (1) For military construction projects inside the 
        United States authorized by subsection (a), 
        $36,600,000.
          (2) For military construction projects outside the 
        United States authorized by subsection (b), 
        $60,400,000.
          (3) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $1,427,000.

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                    ACQUISITION PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(b)(1), the Secretary of Defense may acquire real property and 
carry out the military construction project for the 
installations or locations inside the United States, and in the 
amounts, set forth in the following table:

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
North Carolina..................  Camp Lejeune.......        $57,900,000
------------------------------------------------------------------------

  (b) Authorization of Appropriations.--In addition to funds 
authorized to be appropriated under 2904(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110-181; 122 Stat. 573), funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 2007, for military construction, land 
acquisition, and military family housing functions of the 
Department of Defense (other than the military departments) in 
the total amount of $110,735,000, as follows:
          (1) For military construction projects inside the 
        United States authorized by subsection (a), 
        $57,900,000.
          (2) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $52,835,000.

SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2008 ARMY 
                    PROJECTS.

  (a) Termination of Authority.--The table in section 2901(b) 
of the Military Construction Authorization Act for Fiscal Year 
2008 (division B of Public Law 110-181; 122 Stat. 570), is 
amended--
          (1) in the item relating to Camp Adder, Iraq, by 
        striking ``$80,650,000'' in the amount column and 
        inserting ``$75,800,000'';
          (2) in the item relating to Camp Anaconda, Iraq, by 
        striking ``$53,500,000'' in the amount column and 
        inserting ``$10,500,000'';
          (3) in the item relating to Camp Victory, Iraq, by 
        striking ``$65,400,000'' in the amount column and 
        inserting ``$60,400,000'';
          (4) by striking the item relating to Tikrit, Iraq; 
        and
          (5) in the item relating to Camp Speicher, Iraq, by 
        striking ``$83,900,000'' in the amount column and 
        inserting ``$74,100,000''.
  (b) Conforming Amendments.--Section 2901(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110-181; 122 Stat. 571) is amended--
          (1) by striking ``$1,257,750,000'' and inserting 
        ``$1,152,100,000''; and
          (2) in paragraph (2), by striking ``$1,055,450,000'' 
        and inserting ``$949,800,000''.

                 Subtitle B--Fiscal Year 2009 Projects

SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(b)(1), the Secretary of the Army may acquire real property and 
carry out military construction projects to construct or 
renovate warrior transition unit facilities at the 
installations or locations inside the United States set forth 
in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Various.........................  Various locations..       $400,000,000
------------------------------------------------------------------------

  (b) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 2008, for military construction, land 
acquisition, and military family housing functions of the 
Department of the Army in the total amount of $450,000,000, as 
follows:
          (1) For military construction projects inside the 
        United States authorized by subsection (a), 
        $400,000,000.
          (2) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $50,000,000.
  (c) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by this 
section until 14 days after the date on which the Secretary of 
Defense submits to the congressional defense committees a 
report containing a detailed justification for the projects.

SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(b)(1), the Secretary of the Navy may acquire real property and 
carry out military construction projects to construct or 
renovate warrior transition unit facilities at the 
installations or locations inside the United States set forth 
in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Various.........................  Various locations..        $40,000,000
------------------------------------------------------------------------

  (b) Authorization of Appropriations.--Subject to section 2825 
of title 10, United States Code, funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 
2008, for military construction, land acquisition, and military 
family housing functions of the Department of the Navy in the 
total amount of $50,000,000, as follows:
          (1) For military construction projects inside the 
        United States authorized by subsection (a), 
        $40,000,000.
          (2) For architectural and engineering services and 
        construction design under section 2807 of title 10, 
        United States Code, $10,000,000.
  (c) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by this 
section until 14 days after the date on which the Secretary of 
Defense submits to the congressional defense committees a 
report containing a detailed justification for the projects.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Modification of functions of Administrator for Nuclear 
          Security to include elimination of surplus fissile materials 
          usable for nuclear weapons.
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and 
          Metallurgy Research Replacement facility project, Los Alamos 
          National Laboratory, Los Alamos, New Mexico.
Sec. 3113. Nonproliferation and national security scholarship and 
          fellowship program.
Sec. 3114. Enhancing nuclear forensics capabilities.
Sec. 3115. Utilization of contributions to International Nuclear 
          Materials Protection and Cooperation program and Russian 
          plutonium disposition program.
Sec. 3116. Review of and reports on Global Initiatives for Proliferation 
          Prevention program.
Sec. 3117. Limitation on availability of funds for Global Nuclear Energy 
          Partnership.

                           Subtitle C--Reports

Sec. 3121. Extension of deadline for Comptroller General report on 
          Department of Energy protective force management.
Sec. 3122. Report on compliance with Design Basis Threat issued by the 
          Department of Energy in 2005.
Sec. 3123. Modification of submittal of reports on inadvertent releases 
          of restricted data.

         Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

  (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2009 for the activities of the National Nuclear 
Security Administration in carrying out programs necessary for 
national security in the amount of $9,752,507,000, to be 
allocated as follows:
          (1) For weapons activities, $6,625,111,000.
          (2) For defense nuclear nonproliferation activities, 
        including $528,782,000 for fissile materials 
        disposition, $1,895,261,000.
          (3) For naval reactors, $828,054,000.
          (4) For the Office of the Administrator for Nuclear 
        Security, $404,081,000.
  (b) Authorization of New Plant Projects.--From funds referred 
to in subsection (a) that are available for carrying out plant 
projects, the Secretary of Energy may carry out new plant 
projects for the National Nuclear Security Administration as 
follows:
          (1) For readiness in technical base and facilities, 
        the following new plant projects:
                  Project 09-D-404, Test Capabilities 
                Revitalization Phase 2, Sandia National 
                Laboratory, Albuquerque, New Mexico, 
                $3,200,000.
                  Project 08-D-806, Ion Beam Laboratory 
                Project, Sandia National Laboratory, 
                Albuquerque, New Mexico, $10,014,000.
          (2) For naval reactors, the following new plant 
        projects:
                  Project 09-D-902, Naval Reactors Facility 
                Production Support Complex, Naval Reactors 
                Facility, Idaho Falls, Idaho, $8,300,000.
                  Project 09-D-190, Project engineering and 
                design, Knolls Atomic Power Laboratory 
                infrastructure upgrades, Knolls Atomic Power 
                Laboratory, Kesselring Site, Schenectady, New 
                York, $1,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

  Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2009 for defense 
environmental cleanup activities in carrying out programs 
necessary for national security in the amount of 
$5,297,256,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

  Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2009 for other defense 
activities in carrying out programs necessary for national 
security in the amount of $826,453,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

  Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2009 for defense nuclear 
waste disposal for payment to the Nuclear Waste Fund 
established in section 302(c) of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10222(c)) in the amount of $222,371,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

  Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2009 for energy security 
and assurance programs necessary for national security in the 
amount of $7,622,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR NUCLEAR 
                    SECURITY TO INCLUDE ELIMINATION OF SURPLUS FISSILE 
                    MATERIALS USABLE FOR NUCLEAR WEAPONS.

  Section 3212(b) of the National Nuclear Security 
Administration Act (50 U.S.C. 2402(b)) is amended--
          (1) by redesignating paragraph (18) as paragraph 
        (19); and
          (2) by inserting after paragraph (17) the following 
        new paragraph (18):
          ``(18) Eliminating inventories of surplus fissile 
        materials usable for nuclear weapons.''.

SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125 CHEMISTRY AND 
                    METALLURGY RESEARCH REPLACEMENT FACILITY PROJECT, 
                    LOS ALAMOS NATIONAL LABORATORY, LOS ALAMOS, NEW 
                    MEXICO.

  Of the amounts appropriated pursuant to an authorization of 
appropriations in this Act or otherwise made available for 
fiscal year 2009 for Project 04-D-125 Chemistry and Metallurgy 
Research Replacement (in this section referred to as ``CMRR'') 
facility project, Los Alamos National Laboratory, Los Alamos, 
New Mexico, not more than $50,200,000 may be made available 
until--
          (1) the Administrator for Nuclear Security and the 
        Defense Nuclear Facilities Safety Board have each 
        submitted a certification to the congressional defense 
        committees stating that the concerns raised by the 
        Defense Nuclear Facilities Safety Board regarding the 
        design of CMRR safety class systems (including 
        ventilation systems) and seismic issues have been 
        resolved; and
          (2) a period of 15 days has elapsed after both 
        certifications under paragraph (1) have been submitted.

SEC. 3113. NONPROLIFERATION AND NATIONAL SECURITY SCHOLARSHIP AND 
                    FELLOWSHIP PROGRAM.

  (a) Establishment.--The Administrator for Nuclear Security 
shall carry out a program to provide scholarships and 
fellowships for the purpose of enabling individuals to qualify 
for employment in the nonproliferation and national security 
programs of the Department of Energy.
  (b) Eligible Individuals.--An individual shall be eligible 
for a scholarship or fellowship under the program established 
under this section if the individual--
          (1) is a citizen or national of the United States or 
        an alien lawfully admitted to the United States for 
        permanent residence;
          (2) has been accepted for enrollment or is currently 
        enrolled as a full-time student at an institution of 
        higher education (as defined in section 102(a) of the 
        Higher Education Act of 1965 (20 U.S.C. 1002(a));
          (3) is pursuing a program of education that leads to 
        an appropriate higher education degree in a qualifying 
        field of study, as determined by the Administrator;
          (4) enters into an agreement described in subsection 
        (c); and
          (5) meets such other requirements as the 
        Administrator prescribes.
  (c) Agreement.--An individual seeking a scholarship or 
fellowship under the program established under this section 
shall enter into an agreement, in writing, with the 
Administrator that includes the following:
          (1) The agreement of the Administrator to provide 
        such individual with a scholarship or fellowship in the 
        form of educational assistance for a specified number 
        of school years (not to exceed five school years) 
        during which such individual is pursuing a program of 
        education in a qualifying field of study, which 
        educational assistance may include payment of tuition, 
        fees, books, laboratory expenses, and a stipend.
          (2) The agreement of such individual--
                  (A) to accept such educational assistance;
                  (B) to maintain enrollment and attendance in 
                a program of education described in subsection 
                (b)(2) until such individual completes such 
                program;
                  (C) while enrolled in such program, to 
                maintain satisfactory academic progress in such 
                program, as determined by the institution of 
                higher education in which such individual is 
                enrolled; and
                  (D) after completion of such program, to 
                serve as a full-time employee in a 
                nonproliferation or national security position 
                in the Department of Energy or at a laboratory 
                of the Department for a period of not less than 
                12 months for each school year or part of a 
                school year for which such individual receives 
                a scholarship or fellowship under the program 
                established under this section.
          (3) The agreement of such individual with respect to 
        the repayment requirements specified in subsection (d).
  (d) Repayment.--
          (1) In general.--An individual receiving a 
        scholarship or fellowship under the program established 
        under this section shall agree to pay to the United 
        States the total amount of educational assistance 
        provided to such individual under such program, plus 
        interest at the rate prescribed by paragraph (4), if 
        such individual--
                  (A) does not complete the program of 
                education agreed to pursuant to subsection 
                (c)(2)(B);
                  (B) completes such program of education but 
                declines to serve in a position in the 
                Department of Energy or at a laboratory of the 
                Department as agreed to pursuant to subsection 
                (c)(2)(D); or
                  (C) is voluntarily separated from service or 
                involuntarily separated for cause from the 
                Department of Energy or a laboratory of the 
                Department before the end of the period for 
                which such individual agreed to continue in the 
                service of the Department pursuant to 
                subsection (c)(2)(D).
          (2) Failure to repay.--If an individual who received 
        a scholarship or fellowship under the program 
        established under this section is required to repay, 
        pursuant to an agreement under paragraph (1), the total 
        amount of educational assistance provided to such 
        individual under such program, plus interest at the 
        rate prescribed by paragraph (4), and fails repay such 
        amount, a sum equal to such amount (plus such interest) 
        is recoverable by the United States Government from 
        such individual or the estate of such individual by--
                  (A) in the case of an individual who is an 
                employee of the United States Government, 
                setoff against accrued pay, compensation, 
                amount of retirement credit, or other amount 
                due the employee from the Government; or
                  (B) such other method as is provided by law 
                for the recovery of amounts owed to the 
                Government.
          (3) Waiver of repayment.--The Administrator may 
        waive, in whole or in part, repayment by an individual 
        under this subsection if the Administrator determines 
        that seeking recovery under paragraph (2) would be 
        against equity and good conscience or would be contrary 
        to the best interests of the United States.
          (4) Rate of interest.--For purposes of repayment 
        under this subsection, the total amount of educational 
        assistance provided to an individual under the program 
        established under this section shall bear interest at 
        the applicable rate of interest under section 427A(c) 
        of the Higher Education Act of 1965 (20 U.S.C. 
        1077a(c)).
  (e) Preference for Cooperative Education Students.--In 
evaluating individuals for the award of a scholarship or 
fellowship under the program established under this section, 
the Administrator may give a preference to an individual who is 
enrolled in, or accepted for enrollment in, an institution of 
higher education that has a cooperative education program with 
the Department of Energy.
  (f) Coordination of Benefits.--A scholarship or fellowship 
awarded under the program established under this section shall 
be taken into account in determining the eligibility of an 
individual receiving such scholarship or fellowship for Federal 
student financial assistance provided under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
  (g) Report to Congress.--Not later than January 1, 2010, the 
Administrator shall submit to the congressional defense 
committees a report on the activities carried out under the 
program established under this section, including any 
recommendations for future activities under such program.
  (h) Funding.--Of the amounts authorized to be appropriated by 
section 3101(a)(2) for defense nuclear nonproliferation 
activities, $3,000,000 shall be available to carry out the 
program established under this section.

SEC. 3114. ENHANCING NUCLEAR FORENSICS CAPABILITIES.

  (a) Research and Development Plan for Nuclear Forensics and 
Attribution.--
          (1) Research and development.--The Secretary of 
        Energy shall prepare and implement a research and 
        development plan to improve nuclear forensics 
        capabilities in the Department of Energy and at the 
        national laboratories overseen by the Department of 
        Energy. The plan shall focus on improving the technical 
        capabilities required--
                  (A) to enable a robust and timely nuclear 
                forensic response to a nuclear explosion or to 
                the interdiction of nuclear material or a 
                nuclear weapon anywhere in the world; and
                  (B) to develop an international database that 
                can attribute nuclear material or a nuclear 
                weapon to its source.
          (2) Reports.--
                  (A) The Secretary of Energy shall submit to 
                the congressional defense committees--
                          (i) not later than 6 months after the 
                        date of the enactment of this Act, a 
                        report on the contents of the research 
                        and development plan described in 
                        paragraph (1), and any legislative 
                        changes required to implement the plan; 
                        and
                          (ii) not later than 18 months after 
                        the date of the enactment of this Act, 
                        a report on the status of implementing 
                        the plan.
                  (B) The Secretary shall submit each report 
                required by this subsection in unclassified 
                form, but may include a classified annex with 
                such report.
  (b) Additional Information in the Report on Nuclear Forensics 
Capabilities.--Section 3129(b) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 585) is amended--
          (1) in paragraph (2), by striking ``and'' at the end;
          (2) in paragraph (3), by striking the period at the 
        end and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(4) any legislative, regulatory, or treaty actions 
        necessary to facilitate international cooperation in 
        enhancement of international nuclear-material databases 
        and the linking of those databases to enable prompt 
        access to data.''.
  (c) Presidential Report.--
          (1) In general.--Not later than 90 days after the 
        date of the enactment of this Act, the President shall 
        submit to the appropriate committees of Congress a 
        report on the involvement of senior-level executive 
        branch leadership in nuclear terrorism preparedness 
        exercises that include nuclear forensics analysis.
          (2) Appropriate committees of congress.--In this 
        subsection, the term ``appropriate committees of 
        Congress'' means--
                  (A) the Committee on Appropriations, the 
                Committee on Armed Services, and the Committee 
                on Homeland Security of the House of 
                Representatives; and
                  (B) the Committee on Appropriations, the 
                Committee on Armed Services, and the Committee 
                on Homeland Security and Governmental Affairs 
                of the Senate.

SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR 
                    MATERIALS PROTECTION AND COOPERATION PROGRAM AND 
                    RUSSIAN PLUTONIUM DISPOSITION PROGRAM.

  Section 3114 of the National Defense Authorization Act for 
Fiscal Year 2007 (50 U.S.C. 2301 note) is amended--
          (1) in the heading, by striking ``second line of 
        defense program'' and inserting ``international nuclear 
        materials protection and cooperation program and 
        russian plutonium disposition program'';
          (2) by striking ``Second Line of Defense program'' 
        each place it appears and inserting ``International 
        Nuclear Materials Protection and Cooperation program or 
        Russian Plutonium Disposition program''; and
          (3) in subsection (f), by striking ``2013'' and 
        inserting ``2015''.

SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR 
                    PROLIFERATION PREVENTION PROGRAM.

  (a) Review of Program.--
          (1) In general.--The Administrator for Nuclear 
        Security shall conduct a review of the Global 
        Initiatives for Proliferation Prevention program.
          (2) Report required.--Not later than October 1, 2009, 
        the Administrator shall submit to the congressional 
        defense committees a report setting forth the results 
        of the review required under paragraph (1). The report 
        shall include each of the following:
                  (A) A description of the goals of the Global 
                Initiatives for Proliferation Prevention 
                program and the criteria for partnership 
                projects under the program.
                  (B) Recommendations regarding the following:
                          (i) Whether to continue or bring to a 
                        close each of the partnership projects 
                        under the program in existence on the 
                        date of the enactment of this Act, and, 
                        if any such project is recommended to 
                        be continued, a description of how that 
                        project will meet the criteria under 
                        subparagraph (A).
                          (ii) Whether to enter into new 
                        partnership projects under the program 
                        with Russia or other countries of the 
                        former Soviet Union.
                          (iii) Whether to enter into new 
                        partnership projects under the program 
                        in countries other than countries of 
                        the former Soviet Union.
                  (C) A plan and criteria for completing 
                partnership projects under the program.
  (b) Report on Funding for Projects Under Program.--
          (1) In general.--The Administrator shall submit to 
        the congressional defense committees a report on--
                  (A) the purposes for which amounts made 
                available for the Global Initiatives for 
                Proliferation Prevention program for fiscal 
                year 2009 will be obligated or expended; and
                  (B) the amount to be obligated or expended 
                for each partnership project under the program 
                in fiscal year 2009.
          (2) Limitation on funding before submittal of 
        report.--None of the amounts authorized to be 
        appropriated for fiscal year 2009 by section 3101(a)(2) 
        for defense nuclear nonproliferation activities and 
        available for the Global Initiatives for Proliferation 
        Prevention program may be obligated or expended until 
        the date that is 30 days after the date on which the 
        Administrator submits to the congressional defense 
        committees the report required under paragraph (1).

SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL NUCLEAR 
                    ENERGY PARTNERSHIP.

  (a) Limitation.--Of the amounts authorized to be appropriated 
for fiscal year 2009 by section 3101(a)(2) for defense nuclear 
nonproliferation activities, not more than $3,000,000 may be 
used for projects that are specifically designed for the Global 
Nuclear Energy Partnership. Any amount so used may not be 
expended until 30 days after the date on which the 
Administrator of the National Nuclear Security Administration 
submits to Congress a report that describes in detail the full 
amount of funding that the Administrator plans to expend for 
any effort related to the Global Nuclear Energy Partnership.
  (b) Use of Funds.--Any amount made available pursuant to an 
authorization of appropriations under section 3101(a)(2) that 
is covered by the limitation under subsection (a) shall only be 
available for nonproliferation risk assessments relating to the 
Global Nuclear Energy Partnership and related work on export 
control reviews and determinations.

                          Subtitle C--Reports

SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON 
                    DEPARTMENT OF ENERGY PROTECTIVE FORCE MANAGEMENT.

  Section 3124(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) is 
amended by striking ``Not later than 180 days after the date of 
the enactment of this Act,'' and inserting ``Not later than 
March 1, 2009,''.

SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY THE 
                    DEPARTMENT OF ENERGY IN 2005.

  (a) In General.--Not later than January 2, 2009, the 
Secretary of Energy shall submit to the congressional defense 
committees a report setting forth the status of the compliance 
of Department of Energy sites with the Design Basis Threat 
issued by the Department in November 2005 (in this section 
referred to as the ``2005 Design Basis Threat'').
  (b) Elements.--The report required by subsection (a) shall 
include the following:
          (1) For each Department of Energy site subject to the 
        2005 Design Basis Threat, an assessment of whether the 
        site has achieved compliance with the 2005 Design Basis 
        Threat.
          (2) For each such site that has not achieved 
        compliance with the 2005 Design Basis Threat--
                  (A) a description of the reasons for the 
                failure to achieve compliance;
                  (B) a plan to achieve compliance;
                  (C) a description of the actions that will be 
                taken to mitigate any security shortfalls until 
                compliance is achieved; and
                  (D) an estimate of the annual funding 
                requirements to achieve compliance.
          (3) A list of such sites with Category I nuclear 
        materials that the Secretary determines will not 
        achieve compliance with the 2005 Design Basis Threat.
          (4) For each site identified under paragraph (3), a 
        plan to remove all Category I nuclear materials from 
        such site, including--
                  (A) a schedule for the removal of such 
                nuclear materials from such site;
                  (B) a clear description of the actions that 
                will be taken to ensure the security of such 
                nuclear materials; and
                  (C) an estimate of the annual funding 
                requirements to remove such nuclear materials 
                from such site.
          (5) An assessment of the adequacy of the 2005 Design 
        Basis Threat in addressing security threats at 
        Department of Energy sites, and a description of any 
        plans for updating, modifying, or otherwise revising 
        the approach taken by the 2005 Design Basis Threat to 
        establish enhanced security requirements for Department 
        of Energy sites.

SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON INADVERTENT RELEASES 
                    OF RESTRICTED DATA.

  (a) In General.--Section 4522 of the Atomic Energy Defense 
Act (50 U.S.C. 2672) is amended--
          (1) in subsection (e), by striking ``on a periodic 
        basis'' and inserting ``in each even-numbered year''; 
        and
          (2) in subsection (f), by striking paragraph (2) and 
        inserting the following new paragraph (2):
  ``(2) The Secretary of Energy shall, in each even-numbered 
year beginning in 2010, submit to the committees and Assistant 
to the President specified in subsection (d) a report 
identifying any inadvertent releases of Restricted Data or 
Formerly Restricted Data under Executive Order No. 12958 
discovered in the two-year period preceding the submittal of 
the report.''.
  (b) Technical Correction.--Subsection (e) of such section, as 
amended by subsection (a)(1) of this section, is further 
amended by striking ``subsection (b)(4)'' and inserting 
``subsection (b)(5)''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

  There are authorized to be appropriated for fiscal year 2009, 
$25,499,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.).

                  TITLE XXXIV--NAVAL PETROLEUM RESERVE

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

  (a) Amount.--There is hereby authorized to be appropriated to 
the Secretary of Energy $19,099,000 for fiscal year 2009 for 
the purpose of carrying out activities under chapter 641 of 
title 10, United States Code, relating to the naval petroleum 
reserves.
  (b) Period of Availability.--Funds appropriated pursuant to 
the authorization of appropriations in subsection (a) shall 
remain available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of 
          the United States for the purpose of dismantling, recycling, 
          or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime 
          Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct 
          professors at the United States Merchant Marine Academy and 
          for other purposes.
Sec. 3507. Actions to address sexual harassment and violence at the 
          United States Merchant Marine Academy.
Sec. 3508. Assistance for small shipyards and maritime communities.
Sec. 3509. Marine war risk insurance.
Sec. 3510. MarAd consultation on Jones Act Waivers.
Sec. 3511. Transportation in American vessels of government personnel 
          and certain cargoes.
Sec. 3512. Port of Guam Improvement Enterprise Program.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009.

   Funds are hereby authorized to be appropriated for fiscal 
year 2009, to be available without fiscal year limitation if so 
provided in appropriations Acts, for the use of the Department 
of Transportation for the Maritime Administration as follows:
          (1) For expenses necessary for operations and 
        training activities, $142,803,000, of which--
                  (A) $79,858,000 shall remain available until 
                expended for expenses at the United States 
                Merchant Marine Academy,
                  (B) $26,640,000 shall remain available until 
                expended for capital improvements at the United 
                States Merchant Marine Academy, and
                  (C) $10,987,000 shall remain available until 
                expended for maintenance and repair of school 
                ships of the State Maritime Academies.
          (2) For expenses to maintain and preserve a United 
        States-flag merchant fleet to serve the national 
        security needs of the United States under chapter 531 
        of title 46, Unites States Code, $193,500,000, of which 
        $19,500,000 will be available for costs associated with 
        the maintenance reimbursement pilot program under 
        section 3517 of the Maritime Security Act of 2003 (46 
        U.S.C. 53101 note).
          (3) For expenses to dispose of obsolete vessels in 
        the National Defense Reserve Fleet, $18,000,000.
          (4) For the cost (as defined in section 502(5) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of 
        loan guarantees under the program authorized by chapter 
        537 of title 46, United States Code, $30,000,000.
          (5) For administrative expenses related to the 
        implementation of the loan guarantee program under 
        chapter 537 of title 46, United States Code, 
        administrative expenses related to implementation of 
        the reimbursement program under section 3517 of the 
        Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
        and administrative expenses related to the 
        implementation of the small shipyards and maritime 
        communities assistance program under section 54101 of 
        title 46, United States Code, $6,000,000.

SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE GOVERNMENT OF 
                    THE UNITED STATES FOR THE PURPOSE OF DISMANTLING, 
                    RECYCLING, OR SCRAPPING.

  (a) In General.--Except as provided in subsection (b), no 
vessel that is owned by the Government of the United States 
shall be approved for export to a foreign country for purposes 
of dismantling, recycling, or scrapping.
  (b) Exception.--Subsection (a) shall not apply with respect 
to a vessel if the Administrator of the Maritime Administration 
certifies to the Committee on Armed Services of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that--
          (1) a compelling need for dismantling, recycling, or 
        scrapping the vessel exists;
          (2) there is no available capacity in the United 
        States to conduct the dismantling, recycling, or 
        scrapping of the vessel;
          (3) any dismantling, recycling, or scrapping of the 
        vessel in a foreign country will be conducted in full 
        compliance with environmental, safety, labor, and 
        health requirements for ship dismantling, recycling, or 
        scrapping that are equivalent to the laws of the United 
        States; and
          (4) the export of the vessel under this section will 
        only be for dismantling, recycling, or scrapping of the 
        vessel.
  (c) United States Defined.--In this section the term ``United 
States'' means the States of the United States, Puerto Rico, 
and Guam.

SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.

  Section 51509(b) of title 46, United States Code, is 
amended--
          (1) by striking ``$4,000'' and inserting ``$8,000'';
          (2) by inserting ``tuition,'' after ``uniforms,''; 
        and
          (3) by inserting ``before the start of each academic 
        year'' after ``and be paid''.

SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.

  Section 1018 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2380) is amended to read as follows:

``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.

  ``(a) In General.--The Secretary of Defense may not award, 
renew, extend, or exercise an option to extend any charter of a 
vessel documented under chapter 121 of title 46, United States 
Code, for the Department of Defense, or any contract for the 
carriage of cargo by a vessel documented under that chapter for 
the Department of Defense, unless the charter or contract, 
respectively, includes provisions that--
          ``(1) subject to paragraph (2), allow riding gang 
        members to perform work on the vessel during the 
        effective period of the charter or contract only under 
        terms, conditions, restrictions, and requirements as 
        provided in section 8106 of title 46, United States 
        Code; and
          ``(2) require that riding gang members hold a 
        merchant mariner's document issued under chapter 73 of 
        title 46, United States Code, or a transportation 
        security card issued under section 70105 of such title.
  ``(b) Exemption.--
          ``(1) In general.--In accordance with regulations 
        issued by the Secretary of Defense, an individual shall 
        not be treated as a riding gang member for the purposes 
        of section 8106 of title 46, United States Code, and 
        this section if--
                  ``(A) the individual is aboard a vessel that 
                is under charter or contract for the carriage 
                of cargo for the Department of Defense, for 
                purposes other than engaging in the operation 
                or maintenance of the vessel; and
                  ``(B) the individual--
                          ``(i) accompanies, supervises, 
                        guards, or maintains unit equipment 
                        aboard a ship, commonly referred to as 
                        supercargo personnel;
                          ``(ii) is one of the force protection 
                        personnel of the vessel;
                          ``(iii) is a specialized repair 
                        technician; or
                          ``(iv) is otherwise required by the 
                        Secretary of Defense to be aboard the 
                        vessel.
          ``(2) Background check.--
                  ``(A) In general.--This section shall not 
                apply to an individual unless--
                          ``(i) the name and other necessary 
                        identifying information for the 
                        individual is submitted to the 
                        Secretary for a background check; and
                          ``(ii) except as provided in 
                        subparagraph (B), the individual 
                        successfully passes a background check 
                        by the Secretary prior to going aboard 
                        the vessel.
                  ``(B) Waiver.--The Secretary may waive the 
                application of subparagraph (A)(ii) for an 
                individual who holds a merchant mariner's 
                document issued under chapter 73 of title 46, 
                United States Code, or a transportation 
                security card issued under section 70105 of 
                such title.
          ``(3) Exempted individual not treated as in addition 
        to the crew.--An individual who, under paragraph (1), 
        is not treated as a riding gang member shall not be 
        counted as an individual in addition to the crew for 
        the purposes of section 3304 of title 46, United States 
        Code.''.

SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR THE 
                    MARITIME SECURITY FLEET.

  Section 3517(a) of the Maritime Security Act of 2003 (46 
U.S.C. 53101 note; as amended by section 3503 of the National 
Defense Authorization Act for Fiscal Year 2006 (119 Stat. 
3548)) is amended by adding at the end the following:
          ``(3) Existing operating agreements.--The Secretary 
        of Transportation shall, subject to the availability of 
        appropriations, seek to enter into an agreement under 
        this section with one or more contractors under an 
        operating agreement under that chapter that is in 
        effect on the date of the enactment of this paragraph, 
        regarding maintenance and repair of all vessels that 
        are subject to the operating agreement.''.

SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT 
                    PROFESSORS AT THE UNITED STATES MERCHANT MARINE 
                    ACADEMY AND FOR OTHER PURPOSES.

  (a) In General.--The Maritime Administrator may establish a 
temporary program for the purpose of, subject to the 
availability of appropriations, contracting with individuals as 
personal services contractors to provide services as adjunct 
professors at the Academy, if the Maritime Administrator 
determines that there is a need for adjunct professors and the 
need is not of permanent duration.
  (b) Contract Requirements.--Each contract under the program--
          (1) must be approved by the Maritime Administrator;
          (2) subject to paragraph (3), shall be for a 
        duration, including options, of not to exceed one year 
        unless the Maritime Administrator finds that 
        exceptional circumstances justify an extension of up to 
        one additional year; and
          (3) shall terminate not later than 6 months after the 
        termination of contract authority under subsection (d).
  (c) Limitation on Number of Contractors.--In awarding 
contacts under the program, the Maritime Administrator shall 
ensure that not more than 25 individuals actively provide 
services in any one academic trimester, or equivalent, as 
contractors under the program.
  (d) Termination of Contracting Authority.--The authority to 
award contracts under the program shall terminate upon the end 
of the academic year 2008-2009.
  (e) Existing Contracts.--Any contract entered into before the 
effective date of this section for the services of an adjunct 
professor at the Academy shall remain in effect for the 
trimester (or trimesters) for which the services were 
contracted.
  (f) Definitions.--In this section:
          (1) Academy.--The term ``Academy'' means the United 
        States Merchant Marine Academy.
          (2) Maritime administrator.--The term ``Maritime 
        Administrator'' means the Administrator of the Maritime 
        Administration, or a designee of the Administrator.
          (3) Program.--The term ``program'' means the program 
        established under subsection (a).
  (g) Gifts to the Academy.--
          (1) In general.--Chapter 513 of title 46, United 
        States Code, is amended by adding at the end thereof 
        the following:

``Sec. 51315. Gifts to the Merchant Marine Academy

  ``(a) In General.--The Maritime Administrator may accept and 
use conditional or unconditional gifts of money or property for 
the benefit of the United States Merchant Marine Academy, 
including acceptance and use for non-appropriated fund 
instrumentalities of the Merchant Marine Academy. The Maritime 
Administrator may accept a gift of services in carrying out the 
Administrator's duties and powers. Property accepted under this 
section and proceeds from that property must be used, as nearly 
as possible, in accordance with the terms of the gift.
  ``(b) Establishment of Academy Gift Fund.--There is 
established in the Treasury a fund, to be known as the `Academy 
Gift Fund'. Disbursements from the Fund shall be made on order 
of the Maritime Administrator. Unless otherwise specified by 
the terms of the gift, the Maritime Administrator may use 
monies in the Fund for appropriated or non-appropriated 
purposes at the Academy. The Fund consists of--
          ``(1) gifts of money;
          ``(2) income from donated property accepted under 
        this section;
          ``(3) proceeds from the sale of donated property; and
          ``(4) income from securities under subsection (c) of 
        this section.
  ``(c) Investment of Fund Balances.--On request of the 
Maritime Administrator, the Secretary of the Treasury may 
invest and reinvest amounts in the Fund in securities of, or in 
securities the principal and interest of which is guaranteed 
by, the United States Government.
  ``(d) Disbursement Authority.--There are hereby authorized to 
be disbursed from the Fund such sums as may be on deposit, to 
remain available until expended.
  ``(e) Deductibility of Gifts.--Gifts accepted under this 
section are a gift to or for the use of the Government under 
the Internal Revenue Code of 1986.''.
          (2) Conforming amendment.--The chapter analysis for 
        chapter 513 of title 46, United States Code, is amended 
        by adding at the end the following:

``51315. Gifts to the Merchant Marine Academy.''.

  (h) Temporary Appointments to the Academy.--
          (1) In general.--Chapter 513 of title 46, United 
        States Code, as amended by section 3513 of this Act, is 
        further amended by adding at the end thereof the 
        following:

``Sec. 51316. Temporary appointments to the Academy

  ``Notwithstanding any other provision of law, the Maritime 
Administrator may appoint any present employee of the United 
States Merchant Marine Academy non-appropriated fund 
instrumentality to a position on the General Schedule of 
comparable pay. Eligible personnel shall be engaged in work 
permissibly funded by annual appropriations, and such 
appointments to the Civil Service shall be without regard to 
competition, for a term not to exceed 2 years.''.
          (2) Conforming amendment.--The chapter analysis for 
        chapter 513 of title 46, United States Code, as amended 
        by section 3513 of this Act, is further amended by 
        adding at the end the following:

``51316. Temporary appointments to the Academy.''.

SEC. 3507. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT THE 
                    UNITED STATES MERCHANT MARINE ACADEMY.

  (a) Required Policy.--The Secretary of Transportation shall 
direct the Superintendent of the United States Merchant Marine 
Academy to prescribe a policy on sexual harassment and sexual 
violence applicable to the cadets and other personnel of the 
Academy.
  (b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence prescribed under this section 
shall include--
          (1) a program to promote awareness of the incidence 
        of rape, acquaintance rape, and other sexual offenses 
        of a criminal nature that involve cadets or other 
        Academy personnel;
          (2) procedures that a cadet should follow in the case 
        of an occurrence of sexual harassment or sexual 
        violence, including--
                  (A) a specification of the person or persons 
                to whom an alleged occurrence of sexual 
                harassment or sexual violence should be 
                reported by a cadet and the options for 
                confidential reporting;
                  (B) a specification of any other person whom 
                the victim should contact; and
                  (C) procedures on the preservation of 
                evidence potentially necessary for proof of 
                criminal sexual assault;
          (3) a procedure for disciplinary action in cases of 
        alleged criminal sexual assault involving a cadet or 
        other Academy personnel;
          (4) any other sanction authorized to be imposed in a 
        substantiated case of sexual harassment or sexual 
        violence involving a cadet or other Academy personnel 
        in rape, acquaintance rape, or any other criminal 
        sexual offense, whether forcible or nonforcible; and
          (5) required training on the policy for all cadets 
        and other Academy personnel, including the specific 
        training required for personnel who process allegations 
        of sexual harassment or sexual violence involving 
        Academy personnel.
  (c) Annual Assessment.--
          (1) The Secretary shall direct the Superintendent to 
        conduct an assessment at the Academy during each 
        Academy program year, to be administered by the 
        Department of Transportation, to determine the 
        effectiveness of the policies, training, and procedures 
        of the Academy with respect to sexual harassment and 
        sexual violence involving Academy personnel.
          (2) For the assessment at the Academy under paragraph 
        (1) with respect to an Academy program year that begins 
        in an odd-numbered calendar year, the Superintendent 
        shall conduct a survey, to be administered by the 
        Department, of Academy personnel--
                  (A) to measure--
                          (i) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have been 
                        reported to officials of the Academy; 
                        and
                          (ii) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have not been 
                        reported to officials of the Academy; 
                        and
                  (B) to assess the perceptions of Academy 
                personnel of--
                          (i) the policies, training, and 
                        procedures on sexual harassment and 
                        sexual violence involving Academy 
                        personnel;
                          (ii) the enforcement of such 
                        policies;
                          (iii) the incidence of sexual 
                        harassment and sexual violence 
                        involving Academy personnel; and
                          (iv) any other issues relating to 
                        sexual harassment and sexual violence 
                        involving Academy personnel.
  (d) Annual Report.--
          (1) The Secretary shall direct the Superintendent of 
        the Academy to submit to the Secretary a report on 
        sexual harassment and sexual violence involving cadets 
        or other personnel at the Academy for each Academy 
        program year.
          (2) Each report under paragraph (1) shall include, 
        for the Academy program year covered by the report, the 
        following:
                  (A) The number of sexual assaults, rapes, and 
                other sexual offenses involving cadets or other 
                Academy personnel that have been reported to 
                Academy officials during the program year and, 
                of those reported cases, the number that have 
                been substantiated.
                  (B) The policies, procedures, and processes 
                implemented by the Superintendent and the 
                leadership of the Academy in response to sexual 
                harassment and sexual violence involving cadets 
                or other Academy personnel during the program 
                year.
                  (C) A plan for the actions that are to be 
                taken in the following Academy program year 
                regarding prevention of and response to sexual 
                harassment and sexual violence involving cadets 
                or other Academy personnel.
          (3) Each report under paragraph (1) for an Academy 
        program year that begins in an odd-numbered calendar 
        year shall include the results of the survey conducted 
        in that program year under subsection (c)(2).
          (4)(A) The Superintendent shall transmit to the 
        Secretary, and to the Board of Visitors of the Academy, 
        each report received by the Superintendent under this 
        subsection, together with the Superintendent's comments 
        on the report.
          (B) The Secretary shall transmit each such report, 
        together with the Secretary's comments on the report, 
        to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure.

SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES.

  (a) In General.--Title 46, United States Code, is amended by 
inserting the following new chapter after chapter 539:

                      ``CHAPTER 541--MISCELLANEOUS

``Sec
``54101. Assistance for small shipyards and maritime communities

``Sec. 54101. Assistance for small shipyards and maritime communities

  ``(a) Establishment of Program.--Subject to the availability 
of appropriations, the Administrator of the Maritime 
Administration shall execute agreements with shipyards to 
provide assistance--
          ``(1) in the form of grants, loans, and loan 
        guarantees to small shipyards for capital improvements; 
        and
          ``(2) for maritime training programs to foster 
        technical skills and operational productivity in 
        communities whose economies are related to or dependent 
        upon the maritime industry.
  ``(b) Awards.--In providing assistance under the program, the 
Administrator shall--
          ``(1) take into account--
                  ``(A) the economic circumstances and 
                conditions of maritime communities;
                  ``(B) projects that would be effective in 
                fostering efficiency, competitive operations, 
                and quality ship construction, repair, and 
                reconfiguration; and
                  ``(C) projects that would be effective in 
                fostering employee skills and enhancing 
                productivity; and
          ``(2) make grants within 120 days after the date of 
        enactment of the appropriations Act for the fiscal year 
        concerned.
  ``(c) Use of Funds.--
          ``(1) In general.--Assistance provided under this 
        section may be used--
                  ``(A) to make capital and related 
                improvements in small shipyards located in or 
                near maritime communities;
                  ``(B) to provide training for workers in 
                communities whose economies are related to the 
                maritime industry; and
                  ``(C) for such other purposes as the 
                Administrator determines to be consistent with 
                and supplemental to such activities.
          ``(2) Administrative costs.--Not more than 2 percent 
        of amounts made available to carry out the program may 
        be used for the necessary costs of grant 
        administration.
  ``(d) Prohibited Uses.--Grants awarded under this section may 
not be used to construct buildings or other physical facilities 
or to acquire land unless such use is specifically approved by 
the Administrator in support of subsection (c)(1)(C).
  ``(e) Matching Requirements; Allocation.--
          ``(1) Federal funding.--Except as provided in 
        paragraph (2), Federal funds for any eligible project 
        under this section shall not exceed 75 percent of the 
        total cost of such project.
          ``(2) Exception.--If the Administrator determines 
        that a proposed project merits support and cannot be 
        undertaken without a higher percentage of Federal 
        financial assistance, the Administrator may award a 
        grant for such project with a lesser matching 
        requirement than is described in paragraph (1).
          ``(3) Allocation of funds.--The Administrator may not 
        award more than 25 percent of the funds appropriated to 
        carry out this section for any fiscal year to any small 
        shipyard in one geographic location that has more than 
        600 employees.
  ``(f) Applications.--
          ``(1) In general.--To be eligible for assistance 
        under this section, an applicant shall submit an 
        application, in such form, and containing such 
        information and assurances as the Administrator may 
        require, within 60 days after the date of enactment of 
        the appropriations Act for the fiscal year concerned.
          ``(2) Minimum standards for payment or 
        reimbursement.--Each application submitted under 
        paragraph (1) shall include--
                  ``(A) a comprehensive description of--
                          ``(i) the need for the project;
                          ``(ii) the methodology for 
                        implementing the project; and
                          ``(iii) any existing programs or 
                        arrangements that can be used to 
                        supplement or leverage assistance under 
                        the program.
          ``(3) Procedural safeguards.--The Administrator, in 
        consultation with the Office of the Inspector General, 
        shall issue guidelines to establish appropriate 
        accounting, reporting, and review procedures to ensure 
        that--
                  ``(A) grant funds are used for the purposes 
                for which they were made available;
                  ``(B) grantees have properly accounted for 
                all expenditures of grant funds; and
                  ``(C) grant funds not used for such purposes 
                and amounts not obligated or expended are 
                returned.
          ``(4) Project approval required.--The Administrator 
        may not award a grant under this section unless the 
        Administrator determines that--
                  ``(A) sufficient funding is available to meet 
                the matching requirements of subsection (e);
                  ``(B) the project will be completed without 
                unreasonable delay; and
                  ``(C) the recipient has authority to carry 
                out the proposed project.
  ``(g) Audits and Examinations.--All grantees under this 
section shall maintain such records as the Administrator may 
require and make such records available for review and audit by 
the Administrator.
  ``(h) Small Shipyard Defined.--In this section, the term 
`small shipyard' means a shipyard facility in one geographic 
location that does not have more than 1,200 employees.
  ``(i) Authorization of Appropriations.--There are authorized 
to be appropriated to the Administrator of the Maritime 
Administration for each of fiscal years 2009 through 2013 to 
carry out this section--
          ``(1) $5,000,000 for training grants; and
          ``(2) $25,000,000 for capital and related 
        improvements.''.
  (b) Conforming Amendment.--Section 3506 of the National 
Defense Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101 
note) is repealed.

SEC. 3509. MARINE WAR RISK INSURANCE.

  Section 53912 of title 46, United States Code, is amended by 
striking ``December 31, 2010.'' and inserting ``December 31, 
2015.''.

SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS.

  Section 501(b) of title 46, United States Code, is amended to 
read as follows:
  ``(b) By Head of Agency.--When the head of an agency 
responsible for the administration of the navigation or vessel-
inspection laws considers it necessary in the interest of 
national defense, the individual, following a determination by 
the Maritime Administrator, acting in the Administrator's 
capacity as Director, National Shipping Authority, of the non-
availability of qualified United States flag capacity to meet 
national defense requirements, may waive compliance with those 
laws to the extent, in the manner, and on the terms the 
individual, in consultation with the Administrator, acting in 
that capacity, prescribes.''.

SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL 
                    AND CERTAIN CARGOES.

  (a) In General.--Section 55305(b) of title 46, United States 
Code, is amended--
          (1) by striking ``country'' and inserting ``country, 
        organization, or persons'';
          (2) by inserting ``or obtaining'' after 
        ``furnishing''; and
          (3) by striking ``commodities,'' the first place it 
        appears and inserting ``commodities, or provides 
        financing in any way with Federal funds for the account 
        of any persons unless otherwise exempted,''.
  (b) Other Agencies.--Section 55305(d) of title 46, United 
States Code, is amended to read as follows:
  ``(d) Programs of Other Agencies.--
          ``(1) Each department or agency that has 
        responsibility for a program under this section shall 
        administer that program with respect to this section 
        under regulations and guidance issued by the Secretary 
        of Transportation. The Secretary, after consulting with 
        the department or agency or organization or person 
        involved, shall have the sole responsibility for 
        determining if a program is subject to the requirements 
        of this section.
          ``(2) The Secretary--
                  ``(A) shall conduct an annual review of the 
                administration of programs determined pursuant 
                to paragraph (1) as subject to the requirements 
                of this section;
                  ``(B) may direct agencies to require the 
                transportation on United States-flagged vessels 
                of cargo shipments not otherwise subject to 
                this section in equivalent amounts to cargo 
                determined to have been shipped on foreign 
                carriers in violation of this section;
                  ``(C) may impose on any person that violates 
                this section, or a regulation prescribed under 
                this section, a civil penalty of not more than 
                $25,000 for each violation willfully and 
                knowingly committed, with each day of a 
                continuing violation following the date of 
                shipment to be a separate violation; and
                  ``(D) may take other measures as appropriate 
                under the Federal Acquisition Regulations 
                issued pursuant to section 25(c)(1) of the 
                Office of Federal Procurement Policy Act (41 
                U.S.C. 421(c)(1) or contract with respect to 
                each violation.''.
  (c) Regulations.--The Secretary of Transportation shall 
prescribe such rules as are necessary to carry out section 
55305(d) of title 46, United States Code. The Secretary may 
prescribe interim rules necessary to carry out section 55305(d) 
of such title. An interim rule prescribed under this subsection 
shall remain in effect until superseded by a final rule.
  (d) Change of Year.--Section 55314(a) of title 46, United 
States Code, is amended by striking ``calendar'' each place it 
appears and inserting ``fiscal''.

SEC. 3512. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.

  (a) In General.--The Secretary of Transportation, acting 
through the Administrator of the Maritime Administration (in 
this section referred to as the ``Administrator''), may 
establish a Port of Guam Improvement Enterprise Program (in 
this section referred to as the ``Program'') to provide for the 
planning, design, and construction of projects for the Port of 
Guam to improve facilities, relieve port congestion, and 
provide greater access to port facilities.
  (b) Authorities of the Administrator.--In carrying out the 
Program, the Administrator may--
          (1) receive funds provided for the Program from 
        Federal and non-Federal entities, including private 
        entities;
          (2) provide for coordination among appropriate 
        governmental agencies to expedite the review process 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) for projects carried out under the 
        Program;
          (3) provide for coordination among appropriate 
        governmental agencies in connection with other reviews 
        and requirements applicable to projects carried out 
        under the Program; and
          (4) provide technical assistance to the Port 
        Authority of Guam (and its agents) as needed for 
        projects carried out under the Program.
  (c) Port of Guam Improvement Enterprise Fund.--
          (1) Establishment.--There is established in the 
        Treasury of the United States a separate account to be 
        known as the ``Port of Guam Improvement Enterprise 
        Fund'' (in this section referred to as the ``Fund'').
          (2) Deposits.--There shall be deposited into the 
        Fund--
                  (A) amounts received by the Administrator 
                from Federal and non-Federal sources under 
                subsection (b)(1);
                  (B) amounts transferred to the Administrator 
                under subsection (d); and
                  (C) amounts appropriated to carry out this 
                section under subsection (f).
          (3) Use of amounts.--Amounts in the Fund shall be 
        available to the Administrator to carry out the 
        Program.
          (4) Administrative expenses.--Not to exceed 3 percent 
        of the amounts appropriated to the Fund for a fiscal 
        year may be used for administrative expenses of the 
        Administrator.
          (5) Availability of amounts.--Amounts in the Fund 
        shall remain available until expended.
  (d) Transfers of Amounts.--Amounts appropriated or otherwise 
made available for any fiscal year for an intermodal or marine 
facility comprising a component of the Program shall be 
transferred to and administered by the Administrator.
  (e) Limitation.--Nothing in this section shall be construed 
to authorize amounts made available under section 215 of title 
23, United States Code, or any other amounts made available for 
the construction of highways or amounts otherwise not eligible 
for making port improvements to be deposited into the Fund.
  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to the Fund such sums as may be necessary to 
carry out this section.
    [Note from the Director of Legislative Operations: The 
following text is the Joint Explanatory Statement as printed in 
the Congressional Record on September 23, 2008]
 JOINT EXPLANATORY STATEMENT SUBMITTED BY MR. SKELTON, CHAIRMAN OF THE 
 COMMITTEE ON ARMED SERVICES, REGARDING THE AMENDMENT OF THE HOUSE OF 
                       REPRESENTATIVES TO S. 3001

    The Chairman of the Committee on Armed Services of the 
House of Representatives offers an amendment to S. 3001, the 
National Defense Authorization Act for Fiscal Year 2009, as 
received in the House on September 18, 2008. The amendment 
consists of an agreement between the managers of the bill in 
the House of Representatives and the Senate on the 
reconciliation of H.R. 5658 and S. 3001, as passed by the 
respective chambers from which each bill originated. This 
agreement is memorialized in the offered amendment and 
described in the remainder of this Joint Explanatory Statement 
submitted on behalf of Mr. Skelton and Mr. Hunter for the House 
Committee on Armed Services and Mr. Levin and Mr. Warner for 
the Senate Committee on Armed Services.
    Although not required by the Rules of the House of 
Representatives and the Senate, the Joint Explanatory Statement 
includes the disclosure of member earmarks and congressionally 
directed spending items as defined in clause 9 of rule XXI of 
the Rules of the House of Representatives and rule XLIV of the 
Standing Rules of the Senate.
    In this statement, the provisions of H.R. 5658, the House 
passed version of the National Defense Authorization Act for 
Fiscal Year 2009, are generally referred to as ``the House 
bill.'' The provisions of S. 3001, the Senate passed version of 
the National Defense Authorization Act for Fiscal Year 2009, 
are generally referred to as ``the Senate bill.'' The final 
form of the agreements reached during an informal conference 
between the managers of the bill in the House and the Senate 
are referred to as ``the agreement.''
    The House amendment strikes the text of the S. 3001 and 
inserts the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009, as amended by the agreement between the 
managers of H.R. 5658 and S. 3001, as passed by the respective 
chambers from which each bill originated.
    This Joint Explanatory Statement fulfills the authority 
granted to the Chairman of the Committee on Armed Services by 
H. Res. 1476 to file explanatory material for the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009. Mr. 
Skelton, the Chairman of the Committee on Armed Services, does 
not intend to file any additional material pursuant to H. Res. 
1476 beyond this Joint Explanatory Statement.
    Submitted by Mr. Skelton, Chairman of the House Committee 
on Armed Services (for himself, Mr. Hunter, Ranking Member of 
the House Committee on Armed Services, Mr. Levin, Chairman of 
the Senate Committee on Armed Services and Mr. Warner, Acting 
Ranking Member of the Senate Committee on Armed Services).

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


                    CONGRESSIONAL DEFENSE COMMITTEES

    The term ``congressional defense committees'' is often used 
in this joint explanatory statement. It means the Defense 
Authorization and Appropriations Committees of the Senate and 
the House of Representatives.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

Procurement overview

    The budget request for fiscal year 2009 included an 
authorization of $102,694.3 million for procurement for the 
Department of Defense.
    The House bill would authorize $102,711.9 million.
    The Senate bill would authorize $104,168.5 million.
    The agreement recommends an authorization of $103,969.9 
million. Unless noted explicitly in the joint explanatory 
statement, all changes are made without prejudice. 

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

                              Budget Items


Shipbuilding

    The budget request contained $2.5 billion for the third 
DDG-1000 class destroyer, $103.2 million for close out costs 
associated with discontinuing the LPD-17 amphibious ship 
production line, and no funding for the DDG-51 class program 
which had ceased new production funding with the three ships 
bought in fiscal year 2005. Additionally, the budget request 
contained $920.0 million for two Littoral Combat Ships (LCS) 
and $348.3 million in the National Defense Sealift Fund (NDSF) 
designated for advance procurement for the first of a class of 
Maritime Preposition Force-Future (MPF(F)) aviation vessels.
    The agreement would authorize full funding for the third 
DDG-1000 class destroyer without prejudice to any potential 
future Department of Defense decision to truncate the DDG-1000 
class acquisition program in favor of a return to DDG-51 class 
destroyers.
    However, the agreement would authorize $349.0 million for 
surface ship advance procurement which would permit the Navy to 
acquire major spares for DDG-51 destroyers or buy advance 
procurement should the Secretary of Defense determine that 
there is a validated requirement to produce more of these 
ships.
    The agreement also would authorize $600.0 million in 
advance procurement to extend the LPD-17 amphibious acquisition 
program to a total of 11 ships. The Marine Corps considers the 
tenth and eleventh ships of this class to be vital to the 
future expeditionary force.
    The agreement would authorize the budget request of $920.0 
million for two LCS vessels. Elsewhere in the agreement, we 
recommend a provision that would delay implementation of the 
cost cap for the LCS program until fiscal year 2010. We note 
that the Navy has taken delivery of the first ship of this 
class and anticipates taking delivery of the second by the end 
of the calendar year. While these are significant milestones, 
we remain concerned that the Navy has not taken sufficient 
actions to control costs for follow-on vessels. Moreover, in 
repeated testimony before the Committees on Armed Services of 
the Senate and the House of Representatives, we have been told 
that a primary benefit of utilizing mid-tier shipyards is that 
such yards can easily balance commercial and government 
workload to ensure that the Navy does not have to pay overhead 
costs to maintain capability during periods of limited 
government funding. Nevertheless, the Navy has requested, for 
the second year in a row, an adjustment to the cost cap in 
order to preserve industrial capability because the Navy is 
unable to purchase a ship at or below its budgetary estimate 
and lacks a coherent acquisition strategy for the program. We 
strongly encourage the Navy to take steps to procure follow-on 
vessels with required warfighting capability, while 
prioritizing the aggressive management of cost and the most 
efficient utilization of the industrial base. Likewise, we 
direct the Secretary to develop and submit to the Congress a 
long-term acquisition strategy for LCS vessels with the 
submission of the fiscal year 2010 budget request.
    Finally, consistent with a change in the definition of the 
vessels appropriately funded within the NDSF, the agreement 
would transfer $348.3 million from the NDSF to the Shipbuilding 
and Conversion, Navy (SCN) account to buy MPF(F) vessels which 
are non-combatant versions of assault echelon vessels of the 
Navy's amphibious force.

                       Items of Special Interest


Intelligence, surveillance, and reconnaissance task force

    The Senate report (110-335) accompanying S. 3001 included 
recommendations for authorization of funding and direction for 
multiple programs and activities to immediately strengthen 
intelligence, surveillance, and reconnaissance (ISR) 
capabilities for deployed forces. Since the publication of that 
report, the Secretary of Defense established an ISR Task Force 
to recommend immediate actions to field additional 
capabilities. The Secretary of Defense subsequently submitted a 
prior-approval reprogramming request to the Congress of $1.2 
billion for fiscal year 2008 (which Congress approved), and 
indicated that another $1.4 billion or more would be requested 
for fiscal year 2009.
    We applaud the Secretary's decisive action. However, based 
on past experience with countering improvised explosive devices 
and fielding large numbers of Mine-Resistant Ambush Protected 
armored vehicles, we are concerned that the Department of 
Defense will encounter difficulties in executing the approved 
initiatives as rapidly as needed unless the Department 
establishes a high-level organization and process to manage, 
oversee, and report regularly to the Secretary on the 
initiative. In addition, we expect that additional requirements 
for immediate ISR support will arise, suggesting the need for 
sustaining an organization and process for evaluating theater 
needs and potential solutions.
    Therefore, we urge the Secretary of Defense to create and 
sustain an organization, led by a senior official, to manage 
the implementation of the ISR initiatives and to evaluate and 
make recommendations to the Secretary on new ISR requirements 
as they arise. We request that the Secretary submit a report to 
the congressional defense and intelligence committees within 30 
days of the date of enactment on the Secretary's plans for 
managing the multi-billion dollar ISR enhancement effort.

                     Legislative Provisions Adopted


              Subtitle A--Authorization of Appropriations


Authorization of appropriations (secs. 101-105)

    The House bill contained provisions (secs. 101-106) that 
would authorize the recommended fiscal year 2009 funding levels 
for procurement for the Army, Navy, Marine Corps, Air Force, 
Defense-wide activities, and National Guard and reserve 
equipment.
    The Senate bill contained provisions (secs. 101-104) that 
would authorize the recommended fiscal year 2009 funding levels 
for procurement for the Army, Navy, Marine Corps, Air Force, 
and Defense-wide activities.
    The agreement includes the House provisions with technical 
amendments.

                       Subtitle B--Army Programs


Separate procurement line items for Future Combat Systems program (sec. 
        111)

    The House bill contained a provision (sec. 111) that would 
require, beginning with the fiscal year 2010 President's budget 
request, separate procurement lines for five classes of 
equipment planned for procurement under the Future Combat 
Systems (FCS) program. These classes would be FCS manned ground 
vehicles, FCS unmanned ground vehicles, FCS unmanned aerial 
vehicles, FCS unattended ground systems, and other FCS 
elements.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the use of dedicated procurement 
line items for the FCS program beginning with the Fiscal Year 
2011 President's Budget Request submitted to Congress under 
section 1105(a) of title 31, United States Code.

Clarification of status of Future Combat Systems program lead system 
        integrator (sec. 112)

    The House bill contained a provision (sec. 112) that would 
prohibit the Army from awarding a contract for low-rate initial 
production or full-rate production for major elements of the 
Future Combat Systems (FCS) program to entities serving in the 
role of a lead systems integrator for the FCS program.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would amend section 802 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181) to 
clarify the prime contractor for the Future Combat Systems 
program is a lead system integrator under such section and will 
remain so until 45 days after the Secretary of the Army 
certifies in writing that such contractor is no longer serving 
as a lead system integrator. The specific functions performed 
by the prime contractor for the FCS program under the current 
FCS program contract, including major roles in system and 
subsystem integration, requirements definition, program scope 
adjustments, and program management, constitute ``acquisition 
functions closely associated with inherently governmental 
functions'' for the purposes of this provision. The provision 
would also clarify the definition of ``new contract'' to 
include certain FCS contract modifications.

Restriction on obligation of funds for Army tactical radio pending 
        report (sec. 113)

    The House bill contained a provision (sec. 113) that would 
restrict obligation of 25 percent of the total funds authorized 
for Army tactical radio systems pending a report on Army 
tactical radio system fielding plans from the Assistant 
Secretary for Defense for Networks and Information Integration.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a technical 
amendment.
    The agreement specifies that the restriction on obligation 
of funds in paragraph (b) of the provision refers only to Army 
radios procured through the following Other Procurement, Army 
budget lines: ``SINCGARS family,'' and ``Radio, Improved HF 
(COTS) family.''

Restriction on obligation of procurement funds for Armed Reconnaissance 
        Helicopter program pending certification (sec. 114)

    The House bill contained a provision (sec. 114) that would 
limit the obligation of funds for the Armed Reconnaissance 
Helicopter (ARH) for fiscal year 2009 to not more than 20 
percent of the authorized amounts until 30 days after the Under 
Secretary of Defense for Acquisition, Technology, and Logistics 
(USD-ATL) certifies to the congressional defense committees 
that the ARH has satisfactorily completed a Limited User Test 
and has been approved by the USD-ATL to enter production.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would add requirements for the ARH program to 
achieve certification as required by section 2433 of title 10, 
United States Code, and restructuring of its acquisition 
strategy.

Stryker Mobile Gun System (sec. 115)

    The Senate bill contained a provision (sec. 111) that would 
require the Secretary of Defense, through the Director of 
Operational Test and Evaluation (DOT&E), to ensure that the 
Stryker Mobile Gun System (MGS) is subject to testing to 
confirm the efficacy of any actions taken to mitigate 
operational deficiencies identified in Initial Operational Test 
and Evaluation and Live Fire Test and Evaluation. The provision 
would also require the Secretary of the Army to provide 
quarterly updates to the congressional defense committees on 
the status of the corrective measures and expand section 117(a) 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181) to future fiscal years.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with a 
clarifying amendment that updates the provision based on 
developments relating to the program since Senate committee 
action.
    We remain concerned by the Army's deployment of low-rate 
initial production Stryker MGS vehicles to Iraq given the 
performance and survivability issues noted during testing and 
urge the Army to take the actions necessary to ensure Stryker 
MGS vehicles meet all requirements before deploying any 
additional Stryker MGS vehicles to theater.

                       Subtitle C--Navy Programs


Refueling and complex overhaul of the U.S.S. Theodore Roosevelt (sec. 
        121)

    The House bill contained a provision (sec. 121) that would 
provide a one-time exemption to the normal full funding policy 
to allow for contracting of a 3-year incrementally-funded 
aircraft carrier refueling complex overhaul (RCOH) from the 
Shipbuilding and Conversion, Navy (SCN) account. This language 
would provide the Navy with the authority to commence the 
refueling overhaul in fiscal year 2009.
    The Senate bill contained a similar provision (sec. 132).
    The agreement includes a provision incorporating this one-
time exemption.

Littoral Combat Ship (LCS) program (sec. 122)

    The House bill contained a provision (sec. 123) that would 
amend section 124 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163), as amended by section 
125 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181), to permit the Secretary of the Navy 
to make adjustments in the cost cap for the Littoral Combat 
Ship (LCS) to reflect: (1) economic inflation, up to a total of 
$10.0 million per ship; and (2) cost increases or decreases for 
insertion of new technology, owing to lower life cycle costs or 
increased capability required to meet emerging threats.
    The Senate bill contained no similar provision.
    The agreement includes a provision that would amend section 
125 of the National Defense Authorization Act for Fiscal Year 
2008 to delay implementation of the existing cost cap until 
fiscal year 2010.

Report on F/A-18 procurement costs, comparing multiyear to annual (sec. 
        123)

    The House bill contained a provision (sec. 124) that would 
require the Secretary of Defense to submit a report on F/A-18 
procurement, comparing multiyear procurement costs to those of 
annual procurements. The provision would also authorize the 
Secretary of the Navy to obligate up to $100.0 million from 
within F/A-18 procurement funds to pay for cost reduction 
initiatives, either for single year procurement or multiyear 
procurement.
    The Senate bill contained no similar provision.
    The agreement includes a requirement that the Secretary of 
Defense submit a report comparing F/A-18 annual and multiyear 
procurement alternatives, and that he submit appropriate 
certifications required by section 2306b of title 10, United 
States Code if he finds that a multiyear procurement is the 
preferable alternative.

Authority for advanced procurement and construction of components for 
        the Virginia-class submarine program (sec. 124)

    The Senate bill contained a provision (sec. 131) that would 
modify the multiyear authority provided in section 121 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181).
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

                     Subtitle D--Air Force Programs


Maintenance of retired KC-135E aircraft (sec. 131)

    The House bill contained a provision (sec. 132) that would 
require the Secretary of the Air Force to maintain a minimum of 
46 KC-135E tanker aircraft in Type-1000 storage, rather than 
all of those KC-135E tanker aircraft that have been or would be 
retired under section 135(b) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364).
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that requires the Secretary of the Air Force maintain 
at least 74 aircraft in Type-1000 storage.

Repeal of multi-year contract authority for procurement of tanker 
        aircraft (sec. 132)

    The House bill contained a provision (sec. 133) that would 
repeal section 135 of the National Defense Authorization Act 
for Fiscal Year 2004 (Public Law 108-136) that, among other 
things, authorized multi-year procurement of up to 80 aircraft 
as part of a tanker leasing pilot program to acquire 100 tanker 
aircraft, with 20 coming from a long-term lease.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Report on processes used for requirements development for KC-(X) tanker 
        aircraft (sec. 133)

    The House bill contained a provision (sec. 134) that would 
require the Secretary of the Air Force to report on: (1) an 
evaluation of the process for deriving KC-(X) requirements; (2) 
the justification for using the KC-135R as the comparative 
baseline for the KC-(X) competition; and (3) and evaluation of 
potential aerial refueling platforms derived from commercial 
aircraft in the range of maximum gross take-off weights from 
750,000 to 1,000,000 pounds.
    The Senate bill contained no similar provision.
    The agreement includes the House provision amended to 
require the Secretary of Defense to report on:
    (1) an examination of the requirements for aerial 
refueling, including an explanation for the use of the KC-135R 
as the baseline for the last KC-(X) solicitation; and
    (2) a summary of commercial derivative or commercial, off-
the-shelf aircraft available for use as potential aerial 
refueling platforms using aerial refueling capabilities within 
the capability bands identified within the KC-(X) Analysis of 
Alternatives.
    The agreement also includes a requirement that the 
Secretary of Defense reassess the requirements for aerial 
refueling that have been most recently validated by the Joint 
Requirements Oversight Council, and submit the complete results 
of that reassessment to the congressional defense committees.

F-22A fighter aircraft (sec. 134)

    The Senate bill contained a provision (sec. 151) that would 
authorize $497.0 million for Aircraft Procurement, Air Force 
(APAF) for either (1) advance procurement for F-22A aircraft in 
fiscal year 2010; or (2) winding down the production line for 
F-22A aircraft. The next President of the United States would 
have to decide which alternative would be in the best interests 
of the Nation and submit a certification of that decision to 
the congressional defense committees before any of these funds 
could be spent.
    The House bill contained no similar provision.
    The agreement authorizes $523.0 million in APAF for advance 
procurement for the F-22A aircraft. The agreement also includes 
a provision that would prohibit obligating more than $140.0 
million of those funds until the next President of the United 
States: (1) decides whether continuing F-22 production or 
terminating production would be in the best interests of the 
Nation; and (2) submits a certification of that decision before 
March 1, 2009, to the congressional defense committees.

               Subtitle E--Joint and Multiservice Matters


Annual long-term plan for the procurement of aircraft for the Navy and 
        the Air Force (sec. 141)

    The Senate bill contained a provision (sec. 171) that would 
require the Secretary of Defense to submit an annual long-term 
plan for procurement of aircraft for the Departments of the 
Navy and Air Force. The provision would require that the plan 
project procurement, inventories, retirements, and losses for 
the following 30-year period.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Report on body armor acquisition strategy (sec. 142)

    The House bill contained a provision (sec. 141) that would 
require the Secretary of Defense to establish an executive 
agent for individual body armor and associated components and 
establish a procurement budget line item for body armor and 
personnel protection enhancements. This provision would also 
require the Under Secretary of Defense for Acquisition, 
Technology, and Logistics to report to the congressional 
defense committees by March 15, 2009, detailing an assessment 
of the body armor industrial base and a strategic plan for its 
sustainment, and to specify the objective technical 
capabilities intended for the body armor system.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to submit 
a report to the congressional defense committees, not later 
than 120 days after enactment, that includes an assessment of 
the feasibility and advisability of establishing a dedicated 
procurement line item for body armor; an assessment of the 
feasibility and advisability of designating one executive agent 
for the acquisition of body armor for the military departments; 
and an assessment of all current initiatives implemented by the 
Secretary of Defense and the military departments that provide 
improvements to the body armor acquisition process.

Small arms acquisition strategy and requirements review (sec. 143)

    The House bill contained a provision (sec. 142) that would 
require the Comptroller General of the United States Government 
Accountability Office to audit the Department of Defense small 
arms requirements generation process and report to the 
congressional defense committees by October 1, 2009, on any 
statutory, regulatory, or procedural barriers that may affect 
the ability of the military services to rapidly field small 
arms. This section would also require the Under Secretary of 
Defense for Acquisition, Technology, and Logistics to provide a 
report to the congressional defense committees that details 
small arms inventory, research and development programs, joint 
acquisition strategy, an analysis of any ongoing small arms 
capability gap assessments.
    The Senate bill contained a similar provision (sec. 112) 
that would require the Secretary of the Army to submit a report 
on the Army's small arms Capabilities Based Assessment. The 
provision would also recommend that in the event the Army 
requires a new individual weapon, that the acquisition of such 
weapons should result from a full and open competition. The 
provision would also require that the Secretary of Defense 
submit a report on the feasibility and advisability of 
conducting a full and open competition for carbine-type rifles.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to report 
to the congressional defense committees on the Department's 
assessments of small arms requirements, modernization plans, 
and the United States small arms industrial base. The amendment 
would further direct that in the event that the Secretary of 
the Army determines that there is a gap in small arms 
capabilities and that a new individual weapon is required, the 
Secretary shall procure the new individual weapon using a full 
and open competition.

Requirement for common ground stations and payloads for manned and 
        unmanned aerial vehicle systems (sec. 144)

    The House bill contained a provision (sec. 143) that would 
require the Secretary of Defense to establish a policy for 
acquisition of intelligence, surveillance, and reconnaissance 
payloads and ground stations for manned and unmanned aerial 
vehicle systems that would have as its objective obtaining 
commonality throughout the Department.
    The Senate bill contained no similar provision.
    The amendment contains the House provision with a 
clarifying amendment.

Report on future jet carrier training requirements of the Navy (sec. 
        145)

    The House bill contained a provision (sec. 144) that would 
require the Secretary of the Navy to submit a report to the 
congressional defense committees within 120 days after the date 
of enactment of this Act on future jet carrier training 
requirements.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

                   Legislative Provisions Not Adopted


Rapid acquisition fund

    The House bill contained a provision (sec. 106) that would 
authorize funds for a rapid acquisition fund.
    The Senate bill did not contain a similar provision.
    The agreement does not include the House provision.

Applicability of previous teaming agreements for Virginia-class 
        submarine program

    The House bill contained a provision (sec. 122) that would 
amend the multiyear contracting authority contained in section 
121 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181) to require that the Secretary of the 
Navy certify that the contract to be awarded under such 
authority comports with the Team Agreement between the two 
submarine building yards, dated February 16, 1997, which was 
submitted to the Congress on March 31, 1997.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Limitation on retiring C-5 aircraft

    The House bill contained a provision (sec. 131) that would 
repeal section 132 of the National Defense Authorization Act 
for Fiscal Year 2004 (Public Law 108-136) relating to a 
prohibition on retiring C-5A aircraft until certain testing had 
been completed. Instead, the provision would prohibit retiring 
C-5A aircraft until 45 days after the Secretary of the Air 
Force had submitted a certification that retiring aircraft 
would not increase operational risk, and a cost analysis 
assessing different approaches for meeting strategic airlift 
requirements.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

                              Budget Items


Research, Development, Test and Evaluation overview

    The budget request included $79.7 billion in Research, 
Development, Test and Evaluation for the Department of Defense.
    The House bill would authorize $79.8 billion.
    The Senate bill would authorize $79.8 billion.
    The agreement would authorize $77.8 billion.
    Unless noted explicitly in the statement of managers, all 
changes are made without prejudice.



[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


Network science, technology and experimentation center

    The budget request included $10.0 million in PE 61104A for 
the establishment of a network science and technology research 
center. This is an example of the Army's continued commitment 
to investments in basic research, especially in the face of 
severe budget constraints due to the current operations and 
reset of the force. In particular, it is widely expected that 
new investments in network science can lead to significant 
enhancements in operational capabilities.
    The fact that the current Army plan for this effort calls 
for the majority of funding to go to the establishment of a 
single research center is a cause for concern. The National 
Research Council's 2007 report entitled ``Strategy for an Army 
Center for Network Science, Technology, and Experimentation'' 
concluded that, ``based on Army needs, the NSTEC [Network 
Science, Technology, and Experimentation Center] should be a 
hybrid operation consisting of two or three centralized 
facilities having interconnectivity to a variety of distributed 
supporting elements.'' The current Army proposed plan and 
budget is not consistent with this recommended hybrid approach.
    The Army is directed to ensure that the network science and 
technology research center be established so as to leverage the 
benefits of a distributed and networked research community. 
Clearly, some funding should be retained to support in-house 
research efforts, but the majority of funding should continue 
to go to a networked group of investigators selected on the 
basis of technical merit of proposed research.
    The Army is further directed to ensure that none of the 
$10.0 million authorized in PE 61104A for the establishment of 
a network science and technology research center shall be 
available for the purpose of infrastructure and facilities 
development. The fact that basic research funding is a precious 
and scarce resource places a great emphasis on ensuring its use 
for designated research purposes. Such funds should not be 
utilized for infrastructure and facilities development, save 
for the most exceptional circumstances.

                       Items of Special Interest


Executive helicopter program (VH-71A)

    The budget request included $1,047.8 million in PE 64273N 
for continued development of the executive helicopter, VH-71A. 
The VH-71A program is intended to provide the replacement 
helicopter for transportation of the President and Vice 
President of the United States, heads of state, and other 
dignitaries. The House report (H. Rept. 110-652) observed that 
the reported cost increases in the program were sufficient to 
exceed the 25 percent unit cost increase that would invoke the 
certification requirements levied by section 2433(e)(2)(A) of 
title 10, United States Code, commonly referred to as a ``Nunn-
McCurdy Breach.'' The House report directed the Secretary of 
Defense to submit an analysis of potential advantages and 
disadvantages of conducting a re-competition of the program 
when the Secretary submits that certification.
    The Senate report (S. Rept. 110-335) directed the Secretary 
of the Navy to submit a VH-71A report to the congressional 
defense committees outlining VH-71A program:
          (1) performance requirements;
          (2) revised cost estimates;
          (3) causes for cost growth;
          (4) detailed breakout of cost growth related to 
        under-estimated requirements; and
          (5) actions being implemented to reduce and control 
        development and production costs.
    The Senate report would also prohibit the Secretary from 
obligating fiscal year 2009 funds for VH-71A Executive 
Helicopter Development (PE 64273N) for Increment Two efforts 
until: (1) the Defense Department completes VH-71A unit cost 
reporting requirements as prescribed by section 2433 of title 
10, United States Code; and (2) the Secretary of the Navy 
submits the VH-71A report described above to the congressional 
defense committees.
    Additionally, the Senate report directed the Secretary to 
identify alternatives for extending the service life of 
Increment One aircraft and increasing their utility in the 
effort to provide greater return on this investment.
    The agreement directs the Secretary to submit the reports 
requested in both the House and Senate reports, removes the 
prohibition on obligating any fiscal year 2009 funding, and 
directs the Secretary not to restructure the existing VH-71 
contract until the completion of the Nunn-McCurdy certification 
process.

Missile defense force structure and Joint Capabilities Mix studies

    We note that the Joint Integrated Air and Missile Defense 
Organization, a component of the Joint Staff, has conducted a 
number of studies over several years concerning the operational 
requirements of combatant commanders for upper tier ballistic 
missile defense. These Joint Capabilities Mix (JCM) studies 
have consistently concluded that U.S. combatant commanders need 
about twice as many Standard Missile-3 (SM-3) and Terminal High 
Altitude Area Defense (THAAD) interceptors as the number 
planned by the Missile Defense Agency (MDA), just to meet their 
minimum inventory requirements to defend against existing 
levels of short- and medium-range ballistic missiles.
    We are deeply disappointed that the Department of Defense 
has not planned or budgeted for even this minimum requirement, 
and believe that achieving at least this minimum inventory 
should be the highest priority for MDA. We expect the 
Department of Defense to budget accordingly starting with the 
budget submission for fiscal year 2010.
    We are concerned that there is no adequate requirements 
process in place for MDA to determine the force structure and 
inventory levels to meet the needs of the combatant commanders. 
This is a fundamental shortcoming of the Department of 
Defense's approach to missile defense, and one that needs to be 
resolved. We expect the Department of Defense to establish an 
adequate requirements process for missile defense force 
structure and inventory that ensures that the operational 
requirements of the regional combatant commanders are fully 
taken into account in MDA's budget and planning process.

Missile defense tests and targets

    We are discouraged to note that the Missile Defense Agency 
(MDA) Test and Targets program has had another disappointing 
year. MDA failed to conduct a single intercept flight test of 
the Ground-based Midcourse Defense (GMD) system during fiscal 
year 2008, and canceled a planned and budgeted GMD flight test, 
designated FTG-04. Instead, it conducted a sensor flight test, 
FTX-03. Over the last several years, MDA has not managed to 
conduct an average of even one GMD intercept flight test per 
year, despite the fact that Congress has authorized and 
appropriated over $200.0 million per year to conduct two flight 
tests each year.
    In addition, a test of the GMD system was aborted in May 
2007 when the target failed to reach the necessary altitude, 
and a flight test of the Terminal High Altitude Area Defense 
(THAAD) system was aborted on September 17, 2008, when the 
target missile failed shortly after launch.
    We are disappointed to note that MDA chose to cancel FTG-04 
without first consulting with any of the key stakeholders, 
including the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (USD/AT&L), the Director of 
Operational Test and Evaluation (DOT&E), or the Commander of 
United States Strategic Command.
    We direct MDA to consult with these organizations, or their 
designees, prior to any future decision to cancel a flight 
test, and to report in writing to the congressional defense 
committees within 1 week of a decision to cancel such a test, 
indicating the following information: (1) the reasons for the 
cancellation; (2) the implications and risks for the testing 
and development program that will result from cancelling the 
test; (3) a plan describing how the original objectives of the 
flight test will still be met, notwithstanding the 
cancellation; (4) the views and recommendations of the 
organizations consulted; and (5) any modifications in the 
allocation of budget and testing resources as a result of the 
cancellation of the flight test.

Upper tier follow-on to Arrow

    The United States is engaged in a cooperative program with 
Israel to provide an upper-tier follow-on to the Arrow Weapon 
System for Israel. There are two systems being pursued under 
this cooperative program: a land-based version of the existing 
Standard Missile 3 (SM-3) using an AN/TPY-2 forward-based X-
band radar, and the development of a new Arrow-3 interceptor. 
The SM-3 interceptor and the AN/TPY-2 radar, which is derived 
from the radar for the Terminal High Altitude Area Defense 
(THAAD) system, have already been developed and demonstrated. 
The Arrow-3 has not yet been developed, and its design has 
changed several times.
    After a number of changes to Israeli requirements and the 
planned performance of the Arrow-3 missile, the Missile Defense 
Agency (MDA) has chosen to pursue development of the Arrow-3 as 
the primary approach to developing an upper tier missile 
defense capability for Israel. However, this would be a 
technically challenging undertaking, involving a number of 
critical and complex technologies that Israel has never 
produced previously. Consequently, it is not certain that 
Israel can succeed in the development of all the Arrow-3 
technologies in time to meet Israel's required fielding 
schedule.
    We are concerned that MDA has chosen a technically risky 
path forward, and is not providing sufficient risk mitigation 
through the land-based SM-3 option. MDA has indicated it 
intends to pursue an Arrow-3 development strategy based on 
knowledge points, with the stated intention of being able to 
curtail or stop the program if it does not meet its knowledge 
points on schedule.
    However, MDA has not demonstrated an ability to reduce 
funding for other programs that have not met their knowledge 
points on schedule. This suggests that an Arrow-3 development 
program could continue to be the primary path even if it does 
not meet its knowledge points or its schedule, thus precluding 
the option of having the proven SM-3 and AN/TPY-2 technology 
serve as a suitable upper tier option on schedule.
    Therefore, we direct the Under Secretary of Defense for 
Acquisition, Technology, and Logistics to review MDA's proposed 
approach and submit to the congressional defense committees, no 
later than April 15, 2009, a report providing a plan for risk 
mitigation for the U.S.-Israel upper tier program of 
cooperation that provides a cost-effective path to providing an 
upper tier missile defense capability for Israel.

Wide area airborne surveillance

    The Senate report (110-335) accompanying S. 3001 urged the 
Department of Defense to rapidly define and acquire next 
generation wide area airborne surveillance (WAAS) capabilities 
to augment existing and planned full motion video (FMV) 
platform deployments, and possibly to help limit the number of 
additional orbits of FMV aircraft needed in the future.
    We are encouraged that the Defense Department at senior 
levels is focused on the WAAS requirement and the range of 
potential solutions. However, a number of concerns persist.
    While significant funds have been allocated for development 
of the WAAS collection system, very little money is available 
for the processing, exploitation, and dissemination of the vast 
amount of imagery that the WAAS system will produce. This 
imbalance will prevent effective fielding of a WAAS capability 
in the timeframe required.
    There is confusion as to whether the WAAS system is 
intended to complement or replace existing and planned 
deployments of narrow-field-of-view FMV assets. This confusion 
creates concern and opposition from deployed forces. If it is 
possible for a WAAS system to substitute for FMV assets, the 
required performance level (in terms of resolution, frame rate, 
look angles, and the like) cannot be fielded at least for a 
period of years. While it is important for the Department to 
evaluate now what levels of performance might be achievable in 
subsequent increments of a WAAS program, the near-term focus 
must be on fielding capabilities that complement existing 
assets and operate with them in a systems-of-systems network.
    In this regard, we are concerned that insufficient 
attention and resources are being devoted to rapidly fielding a 
command and control capability that will permit, on a large-
scale, integrated operations involving WAAS platforms, FMV 
assets, and signals intelligence systems across services, 
national agencies, and various echelons of command. We support 
the recent initiative by the Air Force WAAS program office to 
utilize the Network-Centric Collaborative Targeting system, now 
reaching Initial Operational Capability, as the basis for this 
important command and control capability.
    We direct that, within 90 days of the date on which there 
is a down select by the WAAS prime integrator, the Deputy 
Secretary of Defense submit a report to the congressional 
defense and intelligence committees that characterizes WAAS 
collection and exploitation requirements, the program 
increments and funding to meet the requirements, the 
operational concept for WAAS increments, and the means by which 
WAAS, FMV systems, and other sensors will be operated together 
to support the find, fix, and finish targeting process.

              Subtitle A--Authorization of Appropriations


Authorization of appropriations (sec. 201)

    The House bill contained a provision (sec. 201) that would 
authorize appropriations for fiscal year 2009 for the use of 
the Department of Defense for research, development, test and 
evaluation.
    The Senate bill contained a similar provision (sec. 201).
    The agreement includes a provision that would authorize 
appropriations for fiscal year 2009 for the use of the 
Department of Defense for research, development, test and 
evaluation.

Authorization for defense science and technology (sec. 202)

    The House bill contained a provision (sec. 202) that would 
authorize appropriations for fiscal year 2009 for the use of 
the Department of Defense for science and technology 
activities.
    The Senate bill contained a similar provision (sec. 202).
    The agreement includes a provision that would authorize 
appropriations for fiscal year 2009 for the use of the 
Department of Defense for science and technology activities.

    Subtitle B--Program Requirements, Restrictions, and Limitations


Additional determinations to be made as part of Future Combat Systems 
        milestone review (sec. 211)

    The House bill contained a provision (sec. 211) that would 
amend section 214 of the John Warner National Defense 
Authorization Act for 2007 (Public Law 109-364) by adding 
additional determinations to be made by the Secretary of 
Defense during the Future Combat Systems (FCS) program review.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.
    We intend that the additional determinations required 
during the FCS program review should be applied with respect to 
threshold FCS system of system technologies, not surrogates.

Analysis of Future Combat Systems communications network and software 
        (sec. 212)

    The House bill contained a provision (sec. 212) that would 
require the Assistant Secretary of Defense, Networks and 
Information Integration (ASD NII), to conduct an independent 
study and report to the congressional defense committees by 
July 1, 2009, on possible vulnerabilities of the Future Combat 
Systems (FCS) communications network. The purpose of this study 
is to inform the review of the FCS program mandated by section 
214 of the John Warner National Defense Authorization Act for 
2007 (Public Law 109-364).
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would provide the Department with additional 
time to complete the analysis and require the ASD NII to 
assess, in coordination with the Director of Operational Test 
and Evaluation, the synchronization of the funding, schedule, 
and technology maturity of the Warfighter Information Network-
Tactical and Joint Tactical Radio System in programs in 
relation to the FCS program.

Future Combat Systems manned ground vehicle selected acquisition 
        reports (sec. 213)

    The House bill contained a provision (sec. 213) that would 
require the Secretary of the Army to submit to the 
congressional defense committees selected acquisition reports 
as defined in section 2432(c) of title 10, United States Code, 
on each of the eight Future Combat Systems (FCS) manned ground 
vehicle variants. The reports are required by February 15 of 
each year from 2009 to 2015.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment that would include any additional manned 
ground vehicle variants designated in FCS Acquisition Reports 
after the date of enactment.

Separate procurement and research, development, test, and evaluation 
        line items and program elements for Sky Warrior unmanned aerial 
        systems (sec. 214)

    The House bill contained a provision (sec. 214) that would 
require the Secretary of Defense to ensure that the Department 
of Defense program and budget exhibits for the Army's Sky 
Warrior unmanned aerial system break out that program into 
separate program elements and line items.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Restriction on obligation of funds for the Warfighter Information 
        Network-Tactical program (sec. 215)

    The House bill contained a provision (sec. 215) that would 
restrict obligation of 80 percent of research and development 
funds authorized for appropriation for the Warfighter 
Information Network-Tactical, Increment 3 program until 15 days 
after receipt by the congressional defense committees of 
certification from the Under Secretary of Defense for 
Acquisition, Technology and Logistics that the program has an 
approved acquisition program baseline, a new independent cost 
estimate, and the Director, Defense Research and Engineering 
has completed a technology readiness assessment.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that reduces the amount of funding restricted pending 
the certification from 80 percent to 50 percent and makes other 
clarifications.

Limitation on source of funds for certain Joint Cargo Aircraft 
        expenditures (sec. 216)

    The House bill contained a provision (sec. 216) that would 
require the Secretary of the Army to fund certain expenditures 
for the Joint Cargo Aircraft (JCA) through procurement or 
research, development, test and evaluation accounts, rather 
than from other appropriations accounts.
    The Senate bill contained no similar provision.
    The agreement included the House provision with an 
amendment that would modify the provision to place the same 
requirement on the Secretary of the Air Force.
    The report (H. Rept. 110-652) accompanying the House bill 
noted that, at the time of the report, the Air Force was 
reporting a unit cost for JCA of $60.7 million, and was 
reporting a unit cost for C-130J aircraft of $56.7 million. 
After further discussion with the Air Force acquisition 
officials and clarification of terminology, we believe that a 
fairer, apples-to-apples comparison of such costs would raise 
the comparable average procurement unit cost for a C-130J to 
$84.2 million, in terms of fiscal year 2007 dollars.

Requirement for plan on overhead nonimaging infrared systems (sec. 217)

    The Senate bill contained a provision (sec. 211) that would 
direct the Secretary of the Air Force to develop a 
comprehensive plan to conduct and support research, 
development, and demonstration of technologies that could 
evolve into the next generation of overhead nonimaging systems. 
The plan would also include an explanation of how such systems 
would be tested, including any flight or on-orbit testing as 
well as how and when the technologies would transition to an 
acquisition program. In addition, the provision would prohibit 
appropriation of more than 50 percent of the funds authorized 
to be appropriated for the third generation infrared 
surveillance program until the plan is submitted to the 
congressional defense committees.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would direct the Secretary of Defense and the 
Director of National Intelligence to conduct the plan. In 
addition the amendment would add a description of the research, 
development and demonstration activities, as an additional 
element to the plan.

Advanced energy storage technology and manufacturing (sec. 218)

    The Senate bill contained a provision (sec. 212) that would 
require the Department of Defense to develop a technology and 
manufacturing roadmap for battery technologies.
    The House bill contained no similar provision.
    The agreement includes a provision that would expand the 
scope of the roadmapping exercise to include all relevant 
energy storage technologies, such as, but not limited to, 
batteries, fuel cells and capacitors. The provision would 
further add a requirement for the Department to provide a 
detailed report of the investment levels in energy storage 
technologies.
    The roadmap development should be primarily lead by the 
Director of Defense Research and Engineering, the Deputy Under 
Secretary of Defense for Industrial Policy, and Service 
Acquisition Executives, so that the roadmap accurately reflects 
technology development, industrial base, program requirements, 
and cost drivers. It is further expected that Service 
acquisition program offices with significant energy storage 
technology requirements, the Joint Defense Manufacturing 
Technology Panel, the Defense Logistics Agency, and appropriate 
organizations within the Department of Energy will all 
participate in the roadmap development. The roadmap should not 
focus solely on science and technology activities and existing 
investments.
    It is expected that a thorough understanding of resource 
allocation and current investment in advanced energy storage 
technologies will help clarify the investment shortfalls and 
capability gaps that should be emphasized in the technology and 
manufacturing roadmap.

Mechanisms to provide funds for defense laboratories for research and 
        development of technologies for military missions (sec. 219)

    The Senate bill contained a provision (sec. 213) that would 
authorize the Secretary of Defense to permit laboratory 
directors to utilize up to 3 percent of laboratory funds for 
research and development, technology transition, and workforce 
development activities.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would terminate the authority after 4 years.
    The utilization of this authority and its impact on the 
mission performance and technical capabilities of the 
laboratories will be closely monitored by the congressional 
defense committees. All efforts to supply the needed 
authorities and resources to the defense laboratories to enable 
them to effectively and efficiently perform their designated 
missions are supported and encouraged.

Requirements for certain airborne intelligence collection systems (sec. 
        220)

    The Senate bill contained a provision (sec. 215) that would 
require that each airborne collection system within the 
Department of Defense that is connected to the Distributed 
Common Ground/Surface System to have the ability to operate 
with the Network-Centric Collaborative Targeting System, unless 
the Chairman of the Joint Requirements Oversight Council waives 
the requirement on a case-by-case basis.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Limitation on obligation of funds for enhanced AN/TPQ-36 Radar System 
        pending submission of report (sec. 221)

    The House bill contained a provision (sec. 236) that would 
limit the amount of funds provided to the program until the 
Secretary of the Army provides the congressional defense 
committees with a plan to transition the Counter-Rockets, 
Artillery, and Mortars (C-RAM) program to a program of record.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                  Subtitle C--Missile Defense Programs


Annual Director of Operational Test and Evaluation characterization of 
        operational effectiveness, suitability, and survivability of 
        the Ballistic Missile Defense System (sec. 231)

    The Senate bill contained a provision (sec. 234) that would 
require the annual report of the Director of Operational Test 
and Evaluation on the testing of the Ballistic Missile Defense 
System (BMDS) to include a characterization of the operational 
effectiveness, suitability, and survivability of the BMDS and 
its elements that have been fielded or tested before the end of 
the preceding fiscal year.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Independent study of boost-phase missile defense (sec. 232)

    The House bill contained a provision (sec. 221) that would 
require an independent study of boost-phase missile defense 
programs, specifically the Airborne Laser and the Kinetic 
Energy Interceptor. The study would assess a variety of 
relevant factors and compare the results to non-boost-phase 
missile defense systems. The provision would require the 
independent study to be submitted to the congressional defense 
committees.
    The Senate bill contained a similar provision (sec. 235).
    The agreement includes the House provision with an 
amendment that would combine elements of the Senate provision 
with the House provision.

Limitation on availability of funds for procurement, construction, and 
        deployment of missile defenses in Europe (sec. 233)

    The House bill contained a provision (sec. 222) that would 
limit the availability of fiscal year 2009 and future funds for 
procurement, site activation, construction, preparation of 
equipment for, or deployment of a long-range missile defense 
system until the following conditions have been met: (1) the 
Governments of Poland and the Czech Republic have each signed 
and ratified the necessary agreements allowing for such 
deployment; and (2) 45 days have elapsed after Congress 
receives the independent assessment required in section 226 of 
the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181). The provision would also limit the 
availability of funds for the acquisition and deployment of 
operational interceptor missiles for the planned European 
deployment until the Secretary of Defense certifies, after 
receiving the views of the Director of Operational Test and 
Evaluation, that the interceptor has demonstrated, through 
successful, operationally realistic flight testing, a high 
probability of working in an operationally effective manner and 
the ability to accomplish its mission.
    The Senate bill contained a similar provision (sec. 232), 
with the differences being that it would: (1) limit the effect 
of the general limitation to the availability of fiscal year 
2009 funds; (2) clarify that each host nation would need to 
give final approval to any missile defense agreements 
concerning the deployment of missile defense components on its 
territory; and (3) authorize the initial long lead procurement 
funds for the proposed European interceptors, since the long-
lead components are 100 percent common to the three-stage 
variant of the interceptor.
    The agreement includes a combined provision that would 
limit the availability of fiscal year 2009 and future funds for 
procurement, site activation, construction, preparation of 
equipment for, or deployment of a long-range missile defense 
system until the following conditions have been met: (1) in the 
case of the proposed midcourse radar element, the host nation 
has signed and ratified the agreements needed to allow for the 
deployment of such radar in the host nation; (2) in the case of 
the proposed long-range missile defense interceptor element, 
the condition in paragraph (1) has been met, and the host 
nation has signed and ratified the agreements needed to allow 
for the deployment of such interceptor element in the host 
nation; and (3) 45 days have elapsed after Congress has 
received the report required by section 226(c)(6) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181). The provision would also limit the availability 
of fiscal year 2009 funding for acquisition (other than initial 
long-lead funding) or deployment of the proposed interceptor 
until the Secretary provides the certification required in both 
bills.

Review of the ballistic missile defense policy and strategy of the 
        United States (sec. 234)

    The Senate bill contained a provision (sec. 231) that would 
require the Secretary of Defense to conduct a review of the 
ballistic missile defense policy and strategy of the United 
States. The provision would require the Secretary to submit a 
report to Congress not later than January 31, 2010, setting 
forth the results of the review.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would add several elements to be required in the 
review.

Airborne Laser System (sec. 235)

    The Senate bill contained a provision (sec. 233) that would 
require the Director of Operational Test and Evaluation (DOT&E) 
to assess and report on the operational effectiveness, 
suitability, and survivability of the Airborne Laser (ABL) 
System. The provision would also limit the availability of 
funds for procurement of a second or subsequent ABL aircraft 
until the Secretary of Defense, after receiving the DOT&E 
assessment, submits a certification that the ABL system has 
demonstrated a high probability of being operationally 
effective, suitable, survivable, and affordable.
    The House bill contained a provision (sec. 221) that would, 
among other things, prohibit the use of funds to acquire a 
second ABL aircraft until 60 days after Congress receives an 
independent study on boost-phase missile defense programs 
required by the provision.
    The agreement includes the Senate provision with an 
amendment that would incorporate the House funding prohibition 
into the Senate provision.

Activation and deployment of AN/TPY-2 forward-based X-band radar (sec. 
        236)

    The Senate bill contained a provision (sec. 237) that would 
authorize the use of up to $89.0 million in funds for defense-
wide research, development, test, and evaluation for the 
activation and deployment of an AN/TPY-2 X-band radar to a 
classified location. It would also require the Secretary of 
Defense to submit a report to Congress on such deployment 
before the funds would be available for the deployment.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

                          Subtitle D--Reports


Biennial reports on joint and service concept development and 
        experimentation. (sec. 241)

    The Senate bill contained a provision (sec. 252) that would 
reduce the reporting requirement on Department of Defense 
concept development and experimentation activities and include 
reporting on related activities of the military services.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would clarify the reporting requirements.
    The joint and service level for concept development and 
experimentation activities can support efforts at innovation 
and transformation in doctrine, training, materiel acquisition 
and other areas of Departmental activity. As the executive 
agent for joint warfighting experimentation, the Commander of 
United States Joint Forces Command has a unique ability and 
responsibility to use the results of the Department's various 
concept development and experimentation activities to advocate 
for the transformation of investment strategies, defense 
acquisition policies, requirements generation, doctrine 
development, and force structure to enhance joint warfighting 
capabilities.

Report on the participation of the historically black colleges and 
        universities and minority serving institutions in research and 
        educational programs and activities of the Department of 
        Defense (sec. 242)

    The House bill contained a provision (sec. 232) that would 
require an assessment of the Historically Black Colleges and 
Universities (HBCU/MI) and Minority Serving Institutions 
program.
    The Senate bill contained no similar provision.
    The agreement includes a provision that would require an 
independent assessment of the participation of HBCU/MI, 
Hispanic Serving Institutions, Tribal Colleges and 
Universities, and other minority postsecondary institutions in 
Department of Defense research, training, and educational 
activities.
    At a time when the Department and the nation are facing a 
shortage of personnel in growing areas of science and 
engineering, this community of educational institutions and the 
population they serve can make a valuable contribution to the 
missions of the Department of Defense.

Report on Department of Defense response to findings and 
        recommendations of the Defense Science Board Task Force on 
        Directed Energy Weapons (sec. 243)

    The Senate bill contained a provision (sec. 255) that would 
require the Department of Defense to report on responses to the 
findings and recommendations of the Defense Science Board Task 
Force on Directed Energy Weapons.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with a 
clarifying amendment.

                       Subtitle E--Other Matters


Modification of systems subject to survivability testing oversight by 
        the Director of Operational Test and Evaluation (sec. 251)

    The House bill contained a provision (sec. 231) that would 
clarify the responsibilities of the Secretary of Defense and 
the Director of Operational Test and Evaluation with respect to 
oversight and reporting on survivability testing for personnel 
protective equipment and other defense systems.
    The Senate bill contained a similar provision (sec. 251).
    The agreement includes the House provision with an 
amendment that would allow the Secretary of Defense to 
authorize the Director of Operational Test and Evaluation to 
perform statutorily mandated monitoring and reporting on a 
broader range of defense systems. The amendment makes 
additional clarifying amendments to sections 2366 and 139 of 
title 10, United States Code. This provision will enable the 
Secretary and Director to have appropriate levels of oversight 
of systems that require survivability and lethality testing, 
including certain items of personnel protective equipment and 
non lethal weapons. It is expected that the acquisition and 
testing community should continue to work together to develop 
and adequately test systems to validate their operational 
effectiveness, suitability and survivability, but still deliver 
new capabilities in a rapid and efficient fashion.

Technology-neutral information technology guidelines and standards to 
        support fully interoperable electronic personal health 
        information for the Department of Defense and Department of 
        Veterans Affairs (sec. 252)

    The House bill contained a provision (sec. 233) that would 
amend section 1635 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181) to add additional 
reporting requirements to the annual report required by that 
section. The provision would also require the Director of the 
Department of Defense-Department of Veterans Affairs 
Interagency Program Office to report within 12 months after the 
date of enactment of this Act on the development of information 
technology infrastructure guidelines and standards for use by 
the Departments of Defense and Veterans Affairs to enable fully 
interoperable electronic personal health information.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would eliminate the requirement for reporting to 
the appropriate congressional committees on the specific 
guidelines and standards developed or adopted under this 
provision.
    The Department of Defense and Department of Veterans 
Affairs should, to the extent practicable, pursue guidelines 
and standards that are consistent with other similar ongoing 
federal efforts and with relevant guidance and directives for 
the development of information technology (IT) systems in the 
Department of Defense and Department of Veterans Affairs.
    Within the Department of Defense, the medical IT community 
should work closely with Assistant Secretary of Defense for 
Networks and Information Integration and the Business 
Transformation Agency, both of which have valuable experience 
in evaluating and selecting standards for large-scale 
enterprise systems.

Assessment of technology transition programs and repeal of reporting 
        requirement. (sec. 253)

    The House bill contained a provision (sec. 234) that would 
require the Department of Defense to assess the feasibility of 
consolidating various technology transition accounts into a 
unified effort. The House provision would also repeal the 
requirement for the Technology Transition Initiative (TTI).
    The Senate bill contained a provision (sec. 253) which 
would repeal the recurring reporting requirement relating to 
the TTI program.
    The agreement includes a provision which requires the Under 
Secretary of Defense for Acquisition, Technology and Logistics 
(USD (AT&L)) to assess the feasibility of consolidating 
technology transition accounts into one account to be managed 
at the Department-level. The agreement also requires the USD 
(AT&L) to submit a report to Congress on the aforementioned 
assessment and include recommendations concerning the 
streamlining and improvement of technology transition 
activities throughout the Department. Finally, the agreement 
repeals the Department's annual TTI reporting requirement.
    Efficient technology transition is a mainstay of the 
Department's ability to deliver military advantage to the 
operational force. Continued employment of the current regime 
of initiatives and programs may not be the most effective 
approach to transitioning promising technologies to the force. 
The USD (AT&L) is expected to characterize the limitations of 
the existing transition activities and provide recommendations 
to improve the process of transitioning technologies. The 
overall goals of the various Department of Defense technology 
transition programs are laudable, but there is a need to better 
understand the Department's requirements for additional 
authorities or for the repeal of unnecessary authorities that 
could improve technology transition.

Trusted defense systems (sec. 254)

    The House bill contained a provision (sec. 235) that would 
require the Department of Defense to perform an assessment, 
develop a strategy, issue interim policy guidance, and provide 
a report to Congress related to assuring trust in the supply 
chain for certain defense systems.
    The Senate bill contained a related provision (sec. 256) 
that required an assessment of the capabilities of the 
Department to assess trust in semiconductor technologies.
    The agreement includes a provision that requires the 
Secretary of Defense to assess the trust in, and 
vulnerabilities within the supply chain of key electronic 
components of major defense acquisition programs; to assess 
methods for verifying trust of DoD semiconductors; to produce a 
strategy for managing supply chain risk and trust verification 
for semiconductors; to establish policies necessary to support 
these activities; and to report to Congress on the assessment 
and policies.
    There is growing concern that major manufacturing for many 
mission-critical semiconductors has moved offshore, primarily 
to Asia. The inherent risks associated with procuring 
electronic components that have been designed, fabricated, 
tested, or packaged in unsecure facilities abroad demand a well 
planned and structured response.
    Therefore, the Secretary is instructed to coordinate the 
various current efforts designed to study and protect mission-
critical electronic components and create an integrated 
strategy for managing supply chain risk and ensuring trust of 
semiconductors used in applications across all services. Only 
by engaging in consultation with industry, academia and other 
agencies will the Department be able to fashion the cross-
cutting strategy needed to address a challenge that confronts 
the most complicated and important acquisition programs and 
threatens every part of the operational force.

Capabilities-based assessment to outline a joint approach for future 
        development of vertical lift aircraft and rotorcraft (sec. 255)

    The House bill contained a provision (sec. 237) that would 
require the Secretary of Defense and the Chairman of the Joint 
Chiefs of Staff to develop an assessment of a joint approach to 
developing future vertical lift aircraft and rotorcraft, and to 
submit a report on that assessment.
    The Senate bill contained no similar provision.
    The agreement includes the House provision, with the 
understanding that the current program for modernizing the 
Marine Corps' heavy lift rotorcraft fleet shall not be subsumed 
within any joint program office that might emerge from this 
assessment.

Executive agent for printed circuit board technology (sec. 256)

    The Senate bill contained a provision (sec. 254) that would 
require the establishment of an executive agent to oversee 
Department of Defense activities related to printed circuit 
board technologies.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that requires the Secretary of Defense to designate 
an executive agent for printed circuit board and interconnect 
technologies. The provision specifies roles and 
responsibilities that the Secretary of Defense will charge to 
the executive agent.
    The Secretary may include further duties, especially as 
they may pertain to ensuring that the Department maintains and 
grows its capability for establishing trust in interconnect 
technologies. While it is critical that the executive agent 
designated by the Secretary develop a well-planned roadmap 
which details current and future technologies needed and the 
logistics network necessary to provide them, the executive 
agent should also draw together the specific timeline that must 
be realized and funding that must be obtained to successfully 
implement the roadmap going forward.
    Finally, the provision directs the Secretary of Defense to 
ensure that the executive agent is properly resourced to 
implement the task and is supported throughout the military 
departments.

Review of conventional prompt global strike technology applications and 
        concepts (sec. 257)

    The House bill contained a provision (sec. 238) that would 
limit the use of funds for conventional prompt global strike 
(PGS) in fiscal year 2009 to only those activities expressly 
delineated in the expenditure plan for fiscal years 2008 and 
2009, which was required by section 243 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181) or 
activities otherwise expressly authorized by Congress. The 
expenditure plan was transmitted to the congressional defense 
committees on March 24, 2008. The provision would also require 
the Secretary of Defense to submit a report on PGS concepts 
with the fiscal year 2010 budget request.
    The Senate bill contained a similar provision (sec. 1054) 
that would direct the Secretary of Defense, in consultation 
with the Secretary of State, to conduct a review of the prompt 
global strike technologies that will be demonstrated beginning 
in fiscal year 2010. The report would set forth the cost of the 
demonstration, identify any legal, treaty, or policy related 
issues that might be associated with the concept demonstrated 
or the demonstration itself, and whether and to what extent 
there is a possibility that the concept or the demonstration 
itself could be confused with a nuclear weapons system. In 
addition, the report would set forth a description of the types 
of targets against which the concept demonstrated might be 
used. The report would be submitted to the congressional 
defense committees no later than 30 days after the date on 
which the budget is submitted.
    The agreement includes the Senate provision with an 
amendment that would limit the use of funds for conventional 
PGS in fiscal year 2009. The amendment would also direct the 
Secretary of Defense to submit a report to the congressional 
defense committees that describes the technologies planned to 
be developed during fiscal year 2009 and how those technologies 
relate to PGS options and concepts. The due date for this 
report would be April 1, 2009.
    In addition, the amendment would modify the review and 
assessment to be conducted by the Secretary of Defense in 
consultation with the Secretary of State, to include 
recommendations that would mitigate such risk in the assessment 
as to whether a PGS concept could be misconstrued as a nuclear 
weapon or delivery system. The amendment would further modify 
the assessment to include an assessment of the intelligence 
needed to support the use of any PGS concept. A report on this 
review and assessment would be due no later than September 1, 
2009.
    We note that the Department of Defense has expressed 
interest in examining biconic technology as part of an 
alternative re-entry system/warhead engineering and delivery 
vehicle options/development but included no plan to manufacture 
a biconic vehicle in the expenditure plan for fiscal years 2008 
and 2009. As a result no funds are available in fiscal year 
2009 to manufacture such a vehicle.
    We note that the Department is approaching a PGS concept 
definition milestone in the fiscal year 2010 timeframe. We 
encourage the Department to weigh carefully all aspects of PGS 
concept alternatives, including the technical, cost, 
operational, and policy considerations associated with each 
option.
    We note that the National Research Council of the National 
Academy of Sciences has recently completed a report titled 
``U.S. Prompt Global Strike: Issues for 2008 and Beyond.'' This 
report was prepared at the request of Congress. The Department 
should review this and other PGS related reports as part of the 
process to determine which PGS concept alternatives to pursue.
    We direct the Secretary to submit a copy of the report to 
the Committee on Foreign Affairs of the House of the 
Representatives and the Committee on Foreign Relations of the 
Senate.

                   Legislative Provisions Not Adopted


Assured funding for certain information security and information 
        assurance programs of the Department of Defense

    The Senate bill contained a provision (sec. 214) that would 
provide a source of funding for a new technology development 
activity for information security.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Study on space-based interceptor element of ballistic missile defense 
        system

    The Senate bill contained a provision (sec. 236) that would 
require an independent entity to conduct an assessment of the 
feasibility and advisability of developing a space-based 
interceptor element to the ballistic missile defense system.
    The House bill contained no similar provision.
    The agreement does not include the Senate provision.

Visiting National Institutes of Health senior neuroscience fellowship 
        program

    The House bill contained a provision (sec. 239) that would 
establish a visiting National Institutes of Health neuroscience 
fellowship within the Department of Defense.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    Neuroscience can play an important role in improving 
capabilities in combat casualty care, addressing traumatic 
brain injuries and post traumatic stress disorders, decision 
making, and human-machine interfaces, among other areas. The 
Department of Defense is directed to continue to support 
research in this area, including expanding collaboration with 
the National Institutes of Health on research, personnel 
exchanges, technology transition, and other activities.

                  TITLE III--OPERATION AND MAINTENANCE


[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

              Subtitle A--Authorization of Appropriations


Operation and maintenance funding (sec. 301)

    The House bill contained a provision (sec. 301) that would 
authorize fiscal year 2009 funding levels for all operation and 
maintenance accounts.
    The Senate bill contained a similar provision (sec. 301).
    The agreement includes this provision.

                  Subtitle B--Environmental Provisions


Authorization for Department of Defense participation in conservation 
        banking programs (sec. 311)

    The House bill contained a provision (sec. 311) that would 
authorize the Department of Defense to participate in 
conservation mitigation bank programs.
    The Senate bill contained a similar provision (sec. 2811).
    The agreement includes the House provision.

Reimbursement of Environmental Protection Agency for certain costs in 
        connection with Moses Lake Wellfield Superfund Site, Moses 
        Lake, Washington (sec. 312)

    The House bill contained a provision (sec. 312) that would 
authorize the Department of Defense to reimburse the 
Environmental Protection Agency for certain costs in connection 
with Moses Lake Wellfield Superfund Site, Moses Lake, 
Washington.
    The Senate bill contained a similar provision (sec. 312).
    The agreement includes the House provision.

Expand cooperative agreement authority for management of natural 
        resources to include off-installation mitigation (sec. 313)

    The House bill contained a provision (sec. 313) that would 
expand the authority of the Department of Defense to enter 
cooperative agreements for the management of natural resources 
to cover off-installation mitigation efforts.
    The Senate bill contained a similar provision (sec. 311).
    The agreement includes the House provision.

Expedited use of appropriate technology related to unexploded ordnance 
        detection (sec. 314)

    The House bill contained a provision (sec. 314) that would 
require research on, deployment of, and training with 
unexploded ordnance (UXO) detection instrument technologies.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the expedited operational use of 
appropriate UXO detection technologies developed inside or 
outside the Department of Defense and further require the 
Secretary of Defense to report on activities related to the 
development and deployment of UXO detection technologies.

Closed loop re-refining of used motor vehicle lubricating oil (sec. 
        315)

    The House bill contained a provision (sec. 315) that would 
require a report on Department of Defense policies concerning 
the sale and disposal of used motor vehicle lubricating oil.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense, rather 
than the Comptroller General to submit the report; extend the 
deadline for the report to one year; delete the requirement to 
implement closed loop policies; and make certain clarifying 
changes.

Comprehensive program for the eradication of the brown tree snake 
        population from military facilities in Guam (sec. 316)

    The Senate bill contained a provision (sec. 313) that would 
direct the Department of Defense to establish a comprehensive 
program to control and, to the extent practicable, eradicate 
the brown tree snake (Boiga irregularis) population from 
military facilities in Guam and prevent their spread to other 
areas.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.
    We are concerned about the adverse effects of the brown 
tree snake on native species on Guam and the ecological and 
economic risks posed by its inadvertent introduction to other 
areas in the Pacific region and the United States. We recommend 
that the Department of Defense place appropriate emphasis on 
brown tree snake interdiction and population reduction for the 
dual purposes of preventing inadvertent introduction outside of 
Guam and supporting programs to protect and restore native 
species on Guam. We further recommend that the Department 
execute this program in cooperation with the Government of Guam 
and consistent with its Integrated Natural Resources Management 
Plans.

                 Subtitle C--Workplace and Depot Issues


Comprehensive analysis and development of single government-wide 
        definition of inherently governmental function and criteria for 
        critical functions (sec. 321)

    The House bill contained a provision (sec. 322) that would 
require the Office of Management and Budget, in consultation 
with appropriate representatives of federal agencies, to 
conduct a comprehensive analysis of existing definitions of 
inherently governmental functions and other functions that 
should be performed by government employees, and to clarify 
those definitions as determined appropriate.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Study on future depot capability (sec. 322)

    The House bill contained a provision (sec. 323) that would 
require the Secretary of Defense to provide the Committees on 
Armed Services of the Senate and the House of Representatives 
an independent, quantitative assessment of the organic 
capability that will be required to provide depot-level 
maintenance in the post-reset environment. The provision would 
require that the Comptroller General review the report and 
provide findings within 90 days of submission.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the independent assessment to 
review budget displays and the current visibility of reported 
depot workload to Congress.
    We were made aware by a recent reprogramming action, FY 08-
37 PA, that certain depot maintenance is not being reported in 
the military departments' depot budget lines. In addition, the 
military departments' inflexibility in budgeting between depot 
and operations budget lines may cause them to make less than 
optimal budgeting and maintenance workload decisions. The 
additional study requirement on the adequacy of maintenance 
workload visibility in reports and budget displays to Congress 
addresses these concerns.

Government Accountability Office review of high-performing 
        organizations (sec. 323)

    The House bill contained a provision (sec. 324) that would 
restrict the authority of the Department of Defense to 
establish high-performing organizations through business 
process reengineering.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment requiring the Government Accountability Office to 
review the Department's use of high-performing organizations.

Consolidation of Air Force and Air National Guard aircraft maintenance 
        (sec. 324)

    The House bill contained a provision (sec. 326) that would 
prohibit the Secretary of the Air Force from consolidating Air 
National Guard with active-duty Air Force maintenance 
activities and facilities without first consulting with, and 
obtaining the consent of, the National Guard Bureau. It would 
require the Secretary of the Air Force to report to the 
Committees on Armed Services of the Senate and the House of 
Representatives on the assumptions and criteria used to 
evaluate the feasibility of consolidation.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of the Air Force to 
submit reports to the Committees on Armed Services of the 
Senate and the House of Representatives prior to the 
consolidation of any active and Air National Guard aircraft 
repair facilities and personnel. Additionally, the agreement 
would require that an assessment by the Chief of the National 
Guard Bureau accompany the Secretary of the Air Force's reports 
and that the Secretary of Defense certify that any 
consolidation is in the national interest and would not 
adversely affect Air National Guard missions.

Report on Air Force civilian personnel consolidation plan (sec. 325)

    The House bill contained a provision (sec. 327) that would 
prohibit the consolidation of certain civilian personnel 
functions.
    The Senate bill contained no similar provision.
    The agreement contains the House provision with an 
amendment that would require the Secretary of the Air Force to 
submit a report on the Air Force civilian personnel 
consolidation plan. In implementing the plan, we urge the 
Secretary to ensure that the Air Force retains the capability 
to manage appropriate personnel management and advisory 
functions at the large civilian centers where operations 
missions are complex and may be dependent upon the productivity 
of locally-managed civilian personnel numbering in the 
thousands. These large civilian centers include Hill Air Force 
Base, Utah; Robins Air Force Base, Georgia; Tinker Air Force 
Base, Oklahoma; and Wright-Patterson Air Force Base, Ohio. 
These large civilian centers are critical to the national 
security.

Report on reduction in number of firefighters on Air Force bases (sec. 
        326)

    The House bill contained a provision (sec. 328) that would 
require the Secretary of the Air Force to submit a report to 
Congress on the effects of a reduction in the number of 
firefighters on Air Force bases.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Minimum capital investment for certain depots (sec. 327)

    The Senate bill contained a provision (sec. 322) that would 
amend section 332 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364) to 
require the Department of Defense to report the separate levels 
of capital investment for Navy and Marine Corps depots. The 
provision would also add the following Army arsenals to the 
list of covered depots: Watervliet Arsenal, New York; Rock 
Island Arsenal, Illinois; and Pine Bluff Arsenal, Arkansas.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

                      Subtitle D--Energy Security


Annual report on operational energy management and implementation of 
        operational energy strategy (sec. 331)

    The House bill contained a provision (sec. 331) that would 
require the Secretary of Defense to submit an annual 
operational energy management report to the congressional 
defense committees on operational energy consumption and 
initiatives.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Consideration of fuel logistics support requirements in planning, 
        requirements development, and acquisition processes (sec. 332)

    The House bill contained a provision (sec. 332) that would 
require the Secretary of Defense to develop a methodology for 
including the fully-burdened cost of fuel and energy efficiency 
in planning, capability requirements development, and 
acquisition processes. This section would require the 
Secretary, not later than 180 days after the date of enactment 
of this Act, to prepare an implementation plan and, within 
three years of enactment, certify to the Congress that the 
Department has complied with this section's requirements.
    The Senate bill contained a similar provision that would 
require the Under Secretary of Defense for Acquisition, 
Technology, and Logistics to develop and report on an 
implementation plan for the incorporation of energy efficiency 
requirements into key performance parameters for fuel consuming 
systems.
    The agreement includes the House provision with an 
amendment that would require a progress report after two years 
of implementation and that the Secretary of Defense notify 
Congress on the Department's compliance with the requirements 
of this section.

Study on solar and wind energy for use for expeditionary forces (sec. 
        333)

    The House bill contained a provision (sec. 333) that would 
require the Secretary of Defense to submit a report, not later 
than March 1, 2009, on the feasibility of using solar energy to 
provide electricity at forward operating locations.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would add requirements to also study wind 
energy, the potential for experimenting with solar and wind 
energy during training, and change the due date of the report 
to not later than 120 days after enactment of the bill.

Study on alternative and synthetic fuels (sec. 334)

    The House bill contained a provision (sec. 334) that would 
require the Secretary of Defense to conduct a study on 
alternatives to reduce the life cycle emissions of coal-to-
liquid fuels.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary to study 
alternatives to reduce the life-cycle emissions of alternative 
and synthetic fuels (including coal-to-liquid fuels).

Mitigation of power outage risks for Department of Defense facilities 
        and activities (sec. 335)

    The Senate bill contained a provision (sec. 341) that would 
direct the Secretary of Defense to conduct a comprehensive 
energy technical and operational risk assessment for mission 
critical Department installations, facilities, and activities; 
to develop integrated prioritized plans to eliminate or 
mitigate risks; and to establish goals to mitigate or eliminate 
the greatest and most urgent risks. The provision would also 
require that the Secretary provide the defense committees an 
annual report on the Department's integrated prioritized plans 
and progress on efforts to mitigate or eliminate energy risks.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would add consideration of cost effectiveness to 
the development of risk mitigation plans.

                          Subtitle E--Reports


Comptroller General report on readiness of armed forces (sec. 341)

    The House bill contained a provision (sec. 341) that would 
require the Comptroller General of the United States to submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the readiness of the regular and 
reserve components of the armed forces.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Report on plan to enhance combat skills of Navy and Air Force personnel 
        (sec. 342)

    The House bill contained a provision (sec. 342) that would 
require the Secretary of Defense to submit a report on the 
plans of the Secretary of the Navy and the Secretary of the Air 
Force to improve the combat skills of the members of the Navy 
and the Air Force, respectively.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Comptroller General report on the use of the Army Reserve and National 
        Guard as an operational reserve (sec. 343)

    The House bill contained a provision (sec. 343) that would 
require the Comptroller General of the United States to submit 
a report to the Committees on Armed Services of the Senate and 
the House of Representatives on the use of Army Reserve and 
National Guard forces as an operational reserve.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Comptroller General report on link between preparation and use of Army 
        reserve component forces to support ongoing operations (sec. 
        344)

    The House bill contained a provision (sec. 344) that would 
require the Comptroller General of the United States to analyze 
and report to the Committees on Armed Services of the Senate 
and the House of Representatives on the preparation and 
operational use of the Army's reserve component forces.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Comptroller General report on adequacy of funding, staffing, and 
        organization of Department of Defense military munitions 
        response program (sec. 345)

    The House bill contained a provision (sec. 345) that would 
require the Comptroller General to report to Congress on the 
adequacy of the funding, staffing, and organization of the 
military munitions response program of the Department of 
Defense.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                       Subtitle F--Other Matters


Extension of enterprise transition plan reporting requirement (sec. 
        351)

    The House bill contained a provision (sec. 351) that would 
extend through 2013 the requirement in section 2222(i) of title 
10, United States Code, for the Secretary of Defense to submit 
an annual report to the congressional defense committees on the 
progress of the Department of Defense in transforming and 
improving its business systems.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Demilitarization of loaned, given, or exchanged documents, historical 
        artifacts, and condemned or obsolete combat materiel (sec. 352)

    The House bill contained a provision (sec. 352) that would 
require the demilitarization of military equipment donated to 
museums and other entities under section 2572 of title 10, 
United States Code.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment to ensure that the Secretary concerned has 
flexibility to determine the level of demilitarization 
required.

Repeal of requirement that Secretary of Air Force provide training and 
        support to other military departments for A-10 aircraft (sec. 
        353)

    The House bill contained a provision (sec. 353) that would 
repeal outdated language regarding fleet support and depot 
maintenance for A-10 aircraft.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Display of annual budget requirements for air sovereignty alert mission 
        (sec. 354)

    The House bill contained a provision (sec. 354) that would 
require the Secretary of Defense to submit budget justification 
material that displays funds requested for all programs and 
activities of the air sovereignty alert mission of the Air 
Force.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Revision of certain Air Force regulations required (sec. 355)

    The House bill contained a provision (sec. 356) that would 
require the Secretary of the Air Force to bring the Air Freight 
Transportation Regulation Number 5, issued by the Air Mobility 
Command, into full compliance with Department of Defense 
transportation regulations requiring commercial best practices.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Transfer of C-12 aircraft to California Department of Forestry and Fire 
        Protection (sec. 356)

    The House bill contained a provision (sec. 357) that would 
authorize the Secretary of the Army to convey to the California 
Department of Forestry and Fire Protection, all right, title, 
and interest of the Federal Government in three C-12 aircraft 
that the Secretary has determined are surplus to need.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.
    We understand from the Department of the Army and the 
Department of the Air Force that: (1) these three C-12 aircraft 
have no residual value to the Army; (2) they are not 
sufficiently capable that they would represent any value to the 
Air Force in meeting its emerging needs for manned 
reconnaissance aircraft; and (3) the Army would otherwise 
dispose of these aircraft as scrap.

Limitation on treatment of retired B-52 aircraft for Air Combat Command 
        Headquarters (sec. 357)

    The House bill contained a provision (sec. 360) that would 
prohibit the Commander of Air Combat Command from obligating 
more than 80 per cent of the operation and maintenance funds 
available for Air Combat Command Management Headquarters, Sub-
Activity Group 012E until the Secretary of Defense certifies 
that the future years defense program includes funding for 76 
B-52 aircraft.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would prohibit the Commander of Air Combat 
Command from utilizing more than four of the 18 retired B-52 
aircraft, which were retired pursuant to section 131 of the 
John Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109-364) as maintenance ground training 
aircraft.

Increase of domestic breeding of military working dogs used by the 
        Department of Defense (sec. 358)

    The House bill contained a provision (sec. 361) that would 
establish require the Secretary of Defense to work toward the 
goal of procuring all military working dogs from domestic 
breeders.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to 
identify Department of Defense requirements for military 
working dogs and take steps to ensure that these requirements 
are met, including encouraging increased domestic breeding.

                   Legislative Provisions Not Adopted


Time limitation on duration of public-private competitions

    The House bill contained a provision (sec. 321) that would 
place a time limit on the duration of public-private 
competitions for any function performed by Department of 
Defense employees.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Authority to consider depot-level maintenance and repair using 
        contractor furnished equipment or leased facilities as core 
        logistics

    The Senate bill contained a provision (sec. 321) that would 
authorize the military departments to count workload performed 
by government employees using contractor furnished equipment, 
or in facilities leased to the government, as sustaining a core 
logistics capability under section 2464 of title 10, United 
States Code, if that work is being performed pursuant to a 
public-private partnership as defined by section 2474 of title 
10, United States Code.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Temporary suspension of studies and public-private competitions 
        regarding conversion of functions of the Department of Defense 
        performed by civilian employees to contractor performance

    The House bill contained a provision (sec. 325) that would 
place a 3-year moratorium on public-private competitions within 
the Department of Defense.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    Over the last decade, the number of contractor employees 
performing services for the Department of Defense (DOD) has 
nearly doubled, while the number of DOD civilian employees has 
remained essentially unchanged. Shortages of qualified civilian 
personnel in key functional areas have raised questions about 
the Department's ability to manage its operations. At the same 
time, the Department's aggressive effort to privatize functions 
currently performed by civilian employees has led to turbulence 
and low morale in some segments of the Department's workforce. 
In addition, we are concerned that the savings generated from 
such competitions may not justify the turmoil generated at a 
time when the military services are stressed by ongoing 
operations in Iraq and Afghanistan, transformation initiatives, 
and actions being taken to implement the 2005 base closure and 
realignment. These problems may be further exacerbated when the 
process of conducting public-private competitions drags out 
over a period of years, while the threat of job loss continues 
to hang over the heads of impacted employees. We believe that 
these factors require a serious reconsideration of the 
Department's strategy regarding public-private competitions of 
functions performed by the Department's civilian employees.

Exception to alternative fuel procurement requirement

    The House bill contained a provision (sec. 335) that would 
amend section 526 of the Energy Independence and Security Act 
of 2007 (Public Law 110-140) to specify that federal agencies 
are not prohibited from entering into contracts to purchase 
generally-available fuel that is not an alternative or 
synthetic fuel or predominantly produced from a nonconventional 
petroleum source in certain circumstances.
    The Senate bill contained no similar provision.
    The agreement does not include the provision. Section 526 
was not intended to preclude the Department of Defense from 
purchasing the fuel that it needs for the national defense from 
the generally-available fuel supply. We expect the Department 
to continue making such purchases.

Study of consideration of greenhouse gas emissions

    The House bill contained a provision (sec. 336) that would 
require the Secretary of Defense to study processes and methods 
for the consideration of greenhouse gas emissions in the 
acquisition process and develop a timeline for the 
implementation of such processes and methods.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Increased authority to accept financial and other incentives related to 
        energy savings and new authority related to energy systems

    The Senate bill contained a provision (sec. 342) that would 
authorize the Secretary of Defense to accept financial and 
other incentives in connection with the construction of an 
energy system using solar energy or other renewable forms of 
energy.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Recovery of improperly disposed of Department of Defense property

    The Senate bill contained a provision (sec. 343) that would 
enable the Department of Defense to recover military or 
Department of Defense property that has been disposed of in 
violation of applicable statutes and regulatory requirements.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Report on options for providing ship repair capabilities to support 
        ships operating near Guam

    The House bill contained a provision (sec. 346) that would 
require the Secretary of the Navy to submit a report on the 
best option or options for providing voyage repair capabilities 
to support United States Navy ships operating at or near Guam.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Sense of Congress that air sovereignty alert mission should receive 
        sufficient funding and resources

    The House bill contained a provision (sec. 355) that would 
express the sense of Congress that air sovereignty alert 
mission should receive sufficient funding and resources.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Availability of funds for Irregular Warfare Support program

    The House bill contained a provision (sec. 358) that would 
require as much as $75.0 million to be made available for the 
Irregular Warfare Support (IWS) program from funds made 
available for the Joint Improvised Explosive Device Defeat 
Organization (JIEDDO) in fiscal year 2009.
    The Senate bill contained no similar provision.
    The agreement does not include this provision. However, the 
agreement does include funding for the IWS program in title XV.

Sense of Congress regarding procurement and use of munitions

    The House bill contained a provision (sec. 359) that would 
express the sense of Congress regarding the procurement of 
military munitions.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces


End strengths for active forces (sec. 401)

    The House bill contained a provision (sec. 401) that would 
authorize the following end strengths for active-duty personnel 
of the armed forces as of September 30, 2009: Army, 532,400; 
Navy, 326,323; Marine Corps, 194,000; and Air Force, 317,050. 
The House provision included increases of 7,000 and 5,000 for 
the Army and Marine Corps, respectively, to support those 
services' growth in ground forces.
    The Senate bill contained a similar provision (sec. 401) 
that would authorize active-duty end strengths of 325,300 for 
the Navy and 316,771 for the Air Force, and identical end 
strengths for the Army and Marine Corps.
    The agreement includes the House provision.
    The Secretary of Defense has stated that he will support 
the Air Force's request to maintain its active-duty end 
strength well above the 316,000 level previously approved in 
connection with its recapitalization planning. While excessive 
and poorly managed manpower cuts aimed primarily at saving 
money must be avoided, the Department of Defense must 
demonstrate in the next budget cycle how it intends to balance 
these competing, readiness-related goals. We do not oppose the 
Air Force's efforts to maintain a higher end strength, and 
expect the Department and the Air Force to work with the 
Congress in finding appropriate funding sources in 2009.
    End strength levels for the active forces for fiscal year 
2009 are set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                                                             FY 2009                           Change from
                                          ----------------------------------------------------------------------
                 Service                     FY 2008                                      FY 2009      FY 2008
                                            authorized    Request     Recommendations     request     authorized
----------------------------------------------------------------------------------------------------------------
Army.....................................      525,400      532,400            532,400            0        7,000
Navy.....................................      329,098      325,300            326,323        1,023       -2,775
Marine Corps.............................      189,000      194,000            194,000            0        5,000
Air Force................................      329,563      316,600            317,050          450      -12,513
                                          ----------------------------------------------------------------------
    DOD Total............................    1,373,061    1,368,300          1,369,773        1,473       -3,288
----------------------------------------------------------------------------------------------------------------

Revision in permanent active duty end strength minimum levels (sec. 
        402)

    The House bill contained a provision (sec. 402) that would 
establish the following minimum end strengths for active-duty 
personnel as of September 30, 2009: Army, 532,400; Navy, 
326,323; Marine Corps, 194,000; and Air Force 317,050.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would establish a minimum end strength of 
325,300 active-duty personnel for the Navy.
    Minimum end strength levels for active forces are set forth 
in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                 FY 2009          Change from
                        Service                               FY 2008      -------------------------------------
                                                             authorized       Recommendation        FY 2008
----------------------------------------------------------------------------------------------------------------
Army...................................................            525,400            532,400              7,000
Navy...................................................            328,400            325,300             -3,100
Marine Corps...........................................            189,000            194,000              5,000
Air Force..............................................            328,600            317,050            -11,550
                                                        --------------------------------------------------------
    DOD Total..........................................          1,371,400          1,368,750             -2,650
----------------------------------------------------------------------------------------------------------------

                       Subtitle B--Reserve Forces


End strengths for Selected Reserve (sec. 411)

    The House bill contained a provision (sec. 411) that would 
authorize the following end strengths for Selected Reserve 
personnel, including the end strengths for reserves on active 
duty in support of the reserves as of September 30, 2009: the 
Army National Guard of the United States, 352,600; the Army 
Reserve, 205,000; the Navy Reserve, 66,700; the Marine Corps 
Reserve, 39,600; the Air National Guard of the United States, 
106,700; the Air Force Reserve, 67,400; and the Coast Guard 
Reserve, 10,000.
    The Senate bill contained a similar provision (sec. 411) 
that would authorize an end strength of 106,756 for the Air 
National Guard of the United States and identical end strengths 
for the other services.
    The agreement includes the Senate provision.
    End strength levels for the Selected Reserve for fiscal 
year 2009 are set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                    FY 2009                    Change from
                                             FY 2008   ---------------------------------------------------------
                 Service                    authorized                    Conferee        FY 2009      FY 2008
                                                          Request      recommendation     request     authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard......................      351,300      352,600            352,600            0        1,300
Army Reserve.............................      205,000      205,000            205,000            0            0
Navy Reserve.............................       67,800       66,700             66,700            0       -1,100
Marine Corps Reserve.....................       39,600       39,600             39,600            0            0
Air National Guard.......................      106,700      106,700            106,756           56           56
Air Force Reserve........................       67,500       67,400             67,400            0         -100
                                          ----------------------------------------------------------------------
    DOD Total............................      837,900      838,000            838,056            0          156
Coast Guard Reserve......................       10,000       10,000             10,000            0            0
----------------------------------------------------------------------------------------------------------------

End strengths for reserves on active duty in support of the reserves 
        (sec. 412)

    The House bill contained a provision (sec. 412) that would 
authorize the following end strengths for reserves on active 
duty in support of the reserve components as of September 30, 
2009: the Army National Guard of the United States, 32,060; the 
Army Reserve, 17,070; the Navy Reserve, 11,099; the Marine 
Corps Reserve, 2,261; the Air National Guard of the United 
States, 14,337; and the Air Force Reserve, 2,733.
    The Senate bill contained a similar provision (sec. 412) 
that would authorize end strengths of 29,950 for the Army 
National Guard of the United States; 16,170 for the Army 
Reserve; 14,360 for the Air National Guard of the United 
States; and identical end strengths for the other components.
    The agreement includes the House provision with an 
amendment that would authorize end strengths of 16,170 for the 
Army Reserve and 14,360 for the Air National Guard of the 
United States.
    End strength levels for reserves on active duty in support 
of the reserves are set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                    FY 2009                    Change from
                                             FY 2008   ---------------------------------------------------------
                 Service                    authorized                                    FY 2009      FY 2008
                                                          Request      Recommendation     request     authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard......................       29,204       29,950             32,060        2,110        2,856
Army Reserve.............................       15,870       16,170             16,170            0          300
Navy Reserve.............................       11,579       11,099             11,099            0         -480
Marine Corps Reserve.....................        2,261        2,261              2,261            0            0
Air National Guard.......................       13,936       14,337             14,360           23          424
Air Force Reserve........................        2,721        2,733              2,733            0           12
                                          ----------------------------------------------------------------------
    DOD Total............................       75,571       76,550             78,683        2,133        3,112
----------------------------------------------------------------------------------------------------------------

End strengths for military technicians (dual status) (sec. 413)

    The House bill contained a provision (sec. 413) that would 
authorize the following end strengths for military technicians 
(dual status) as of September 30, 2009: the Army Reserve, 
8,395; the Army National Guard of the United States, 27,210; 
the Air Force Reserve, 10,003; and the Air National Guard of 
the United States, 22,452.
    The Senate bill contained a similar provision (sec. 413) 
that would authorize an end strength of 22,459 for the Air 
National Guard of the United States, and identical end 
strengths for the other components.
    The agreement includes the House provision.
    End strength levels for military technicians (dual status) 
are set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                    FY 2009                    Change from
                                             FY 2008   ---------------------------------------------------------
                 Service                    authorized                                    FY 2009      FY 2008
                                                          Request      Recommendation     request     authorized
----------------------------------------------------------------------------------------------------------------
Army Reserve.............................        8,249        8,395              8,395            0          146
Army National Guard......................       26,502       27,210             27,210            0          708
Air Force Reserve........................        9,909       10,003             10,003            0           94
Air National Guard.......................       22,553       22,452             22,452            0         -101
                                          ----------------------------------------------------------------------
    DOD Total............................       67,213       68,060             68,060            0          847
----------------------------------------------------------------------------------------------------------------

Fiscal year 2009 limitation on number of non-dual status technicians 
        (sec. 414)

    The House bill contained a provision (sec. 414) that would 
establish the maximum end strengths for the reserve components 
of the Army and Air Force for non-dual status technicians as of 
September 30, 2009.
    The Senate bill contained an identical provision (sec. 
414).
    The agreement includes this provision.

Maximum number of reserve personnel authorized to be on active duty for 
        operational support (sec. 415)

    The House bill contained a provision (sec. 415) that would 
authorize the maximum number of reserve component personnel who 
may be on active duty or full-time National Guard duty under 
section 115(b) of title 10, United States Code, during fiscal 
year 2009 to provide operational support.
    The Senate bill contained an identical provision (sec. 
415).
    The agreement includes this provision.

Additional waiver authority of limitation on number of reserve 
        component members authorized to be on active duty (sec. 416)

    The House bill contained a provision (sec. 416) that would 
amend section 123a of title 10, United States Code, to 
authorize the President to waive the limitations on the number 
of reserve component personnel who can be on active duty for 
operational support to provide assistance in responding to a 
major disaster or emergency.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

              Subtitle C--Authorization of Appropriations


Military personnel (sec. 421)

    The House bill contained a provision (sec. 421) that would 
authorize appropriations for military personnel.
    The Senate bill contained a similar provision (sec. 421).
    The agreement includes this provision.
    The following are the changes from the budget request for 
the military personnel accounts:

                    [Changes in millions of dollars]

Increase in military pay raise................................     324.0
Restore military to civilian conversions-Navy.................      26.8
Restore military to civilian conversions-Air Force............      38.8
Restore military to civilian conversions-Undistributed........      35.5
Increase Air National Guard end strength......................       3.3
Increase Army National Guard full-time support positions......      85.0
Senior Leadership Diversity Commission........................       0.3
Permanent prohibition on charging meals at MTFs...............       1.0
Increase in maximum temporary lodging expenses................      37.0
Second family housing allowance for dual military couples.....       2.0
Nurse candidate accession bonus and monthly stipend...........       2.0
New bonuses for psychologists and other mental health officers      13.0
Additional weight allowance for spouses.......................      13.0
Continuation of bonuses for certain service members...........       1.0
Reduction of unobligated military personnel balances..........  -1,038.2
                    --------------------------------------------------------------
                    ____________________________________________________

      Total.......................................................-455.5

                   Legislative Provision Not Adopted


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

    The Senate bill contained a provision (sec. 416) that would 
authorize additional Active Guard and Reserve (AGR) end 
strength for the Army National Guard and Army Reserve, and 
additional end strength for Army National Guard military 
technicians (dual status).
    The House bill contained no similar provision.
    The agreement does not include the provision.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally


Mandatory separation requirements for regular warrant officers for 
        length of service (sec. 501)

    The House bill contained a provision (sec. 501) that would 
amend section 1305 of title 10, United States Code, to provide 
that regular warrant officers of the Navy, Marine Corps, and 
Coast Guard who have at least 30 years of total active service 
that could be credited to the officer shall be retired 60 days 
after the date the warrant officer completes that service. For 
regular Army warrant officers, the provision would specify that 
only years of active service as a warrant officer should be 
used in calculating 30 years of active service for mandatory 
retirement.
    The Senate bill contained a similar provision (sec. 509).
    The agreement includes the House provision.

Requirements for issuance of posthumous commissions and warrants (sec. 
        502)

    The House bill contained a provision (sec. 502) that would 
amend sections 1521 and 1522 of title 10, United States Code, 
to replace the condition for a posthumous commission or warrant 
that the death be in the line of duty with a requirement for a 
certification by the secretary concerned that, at the time of 
death, the member was qualified for appointment to the next 
higher grade.
    The Senate bill contained a similar provision (sec. 510).
    The agreement includes the House provision with a technical 
amendment.

Authorized number of general officers on active duty in the Army and 
        Marine Corps, limited exclusion for joint duty requirements, 
        and increase in number of officers serving in grades above 
        major general and rear admiral (sec. 503)

    The House bill contained a provision (sec. 504) that would 
amend sections 525 and 526 of title 10, United States Code, to 
allow an increase of one general officer in the rank of 
lieutenant general for the Marine Corps.
    The Senate bill contained a provision (sec. 501) that would 
increase from 16.3 percent to 16.4 percent the percentage of 
general and flag officers in a military service that may be 
appointed above the grade of major general or rear admiral, and 
exclude from the limitations of section 525 of title 10, United 
States Code, those reserve general or flag officers on active 
duty under orders specifying a period of active duty of not 
longer than three years.
    The agreement includes the House provision with an 
amendment that would amend section 526 of title 10, United 
States Code, to increase the authorized number of Army general 
officers on active duty from 302 to 307, with the increased 
authorization reserved for Army general officers who serve in 
acquisition positions and increase the number of Marine Corps 
general officers on active duty from 80 to 81. The provision 
would increase from 12 to 65 the number of general and flag 
officer joint duty assignment positions that the Chairman of 
the Joint Chiefs of Staff can exclude from the limitations on 
general and flag officers on active duty, five of which are 
reserved for general or flag officers who serve in an 
acquisition position, including one assignment in the Defense 
Contract Management Agency. The provision would also amend 
section 525 of title 10, United States Code, to increase from 
16.3 percent to 16.4 percent the percentage of general and flag 
officers in a military service that may be appointed above the 
grade of major general or rear admiral.

Modification of authority on Staff Judge Advocate to the Commandant of 
        the Marine Corps (sec. 504)

    The House bill contained a provision (sec. 551) that would 
amend section 5046 of title 10, United States Code, to require 
that the Staff Judge Advocate to the Commandant of the Marine 
Corps serve in the grade of major general.
    The Senate bill contained a similar provision (sec. 507) 
that would also exclude an officer serving in this grade and 
position from the limitation on the authorized number of 
officers serving in grades above brigadier general in the 
Marine Corps.
    The agreement includes the Senate provision with a 
technical amendment.

Eligibility of reserve officers to serve on boards of inquiry for 
        separation of regular officers for substandard performance and 
        other reasons (sec. 505)

    The Senate bill contained a provision (sec. 506) that would 
amend section 1187 of title 10, United States Code, to 
authorize reserve officers to serve as members of boards of 
inquiry convened to consider whether regular officers should be 
retained on active duty. This implements a recommendation of 
the Commission on the National Guard and Reserves regarding 
elimination of policies which unnecessarily distinguish reserve 
component personnel from their active duty counterparts and 
thereby impede full integration.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Delayed authority to alter distribution requirements for commissioned 
        officers on active duty in general officer and flag officer 
        grades and limitations on authorized strengths of general and 
        flag officers (sec. 506)

    The Senate amendment contained a provision (sec. 502) that 
would amend section 526 of title 10, United States Code, to 
authorize the Secretary of Defense to designate up to 324 
general and flag officer positions as joint duty assignments 
that would be excluded from the limitation on the number of 
general and flag officers in each service and would specify the 
minimum number of officers required to serve in these positions 
for each service. The provision would realign the number of 
general and flag officers authorized to serve on active duty in 
the Army from 302 to 222 officers; in the Navy from 216 to 159 
officers; in the Air Force from 279 to 206 officers; and in the 
Marine Corps from 80 to 59 officers. The provision would also 
repeal section 721 of title 10, United States Code, which 
limits the number of general and flag officers authorized to 
serve in positions outside their own service. The provision 
would also establish goals for the number of general and flag 
officers in the Department of Defense (DOD) and the military 
services who serve in acquisition positions and who have 
significant contracting experience.
    The House bill contained no similar provision.
    The agreement includes the provision with an amendment that 
would delay implementation until 1 year after the Secretary of 
Defense submits to Congress a report on the proposed 
implementation of the provision. The amendment would also amend 
sections 525 and 526 of title 10, United States Code, to 
specify the distribution and authorized strength limits of 
commissioned officers on active duty in general officer and 
flag officer grades. Finally, the amendment would remove the 
goals for the number of general and flag officers who serve in 
acquisition positions as this is addressed elsewhere in this 
bill.

                Subtitle B--Reserve Component Management


Extension to other reserve components of Army authority for deferral of 
        mandatory separation of military technicians (dual status) 
        until age 60 (sec. 511)

    The House bill contained a provision (sec. 511) that would 
amend section 10216(f) of title 10, United States Code, to 
extend to the Secretary of the Air Force the same authority 
previously granted to the Secretary of the Army to delay 
mandatory separation of dual status military technicians for 
years of service or other policy consideration until age 60.
    The Senate bill contained a similar provision (sec. 532).
    The agreement includes the Senate provision.

Modification of authorized strengths for certain Army National Guard, 
        Marine Corps Reserve, and Air National Guard officers and Army 
        National Guard enlisted personnel serving on full-time reserve 
        component duty (sec. 512)

    The House bill contained a provision (sec. 512) that would 
amend section 12011 of title 10, United States Code, to 
increase the limit on the number of Marine Corps lieutenant 
colonels authorized to serve on full-time reserve component 
duty at the end of any fiscal year.
    The Senate bill contained a similar provision (sec. 417).
    The agreement includes the House provision with an 
amendment that would also increase the limit on Army and Air 
National Guard officers and Army National Guard enlisted 
personnel serving on full-time reserve component duty.

Clarification of authority to consider for a vacancy promotion National 
        Guard officers ordered to active duty in support of a 
        contingency operation (sec. 513)

    The House bill contained a provision (sec. 513) that would 
amend section 14317 of title 10, United States Code, to 
authorize the promotion of reserve component officers, 
including National Guard officers, who are recommended for 
promotion to fill a position vacancy under section 14315 of 
title 10, United States Code, and who are ordered to active 
duty in support of a contingency operation.
    The Senate bill contained a similar provision (sec. 534).
    The agreement includes the House provision.

Increase in mandatory retirement age for certain Reserve officers (sec. 
        514)

    The House bill contained a provision (sec. 514) that would 
amend sections 12647 and 14702 of title 10, United States Code, 
to increase the mandatory retirement age from age 60 to age 62 
for commissioned officers assigned to the Selective Service 
System, as National Guard property and fiscal officers, and 
Army National Guard officers assigned to a headquarters or 
headquarters detachment of a State.
    The Senate bill contained a similar provision (sec. 533).
    The agreement includes the House provision.

Age limit for retention of certain Reserve officers on active-status 
        list as exception to removal for years of commissioned service 
        (sec. 515)

    The House bill contained a provision (sec. 515) that would 
authorize the Secretary of the Army and the Secretary of the 
Air Force to retain Reserve officers in the grade of lieutenant 
general beyond mandatory retirement for years of service until 
the officer becomes 66 years of age.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Authority to retain Reserve chaplains and officers in medical and 
        related specialties until age 68 (sec. 516)

    The House bill contained a provision (sec. 516) that would 
amend section 14703(b) of title 10, United States Code, and 
section 324(a) of title 32, United States Code, to authorize 
reserve component chaplains and medical officers to be retained 
in an active status until the date on which the officer becomes 
68 years of age.
    The Senate bill contained a similar provision (sec. 535).
    The agreement includes the House provision.

Modification of authorities on dual duty status of National Guard 
        officers (sec. 517)

    The Senate bill contained a provision (sec. 536) that would 
amend section 325 of title 32, United States Code, to authorize 
all National Guard officers, not just those in command of 
National Guard units, to retain their state status while 
serving on active duty when authorized by the President and 
with the consent of the Governor or the commanding general of 
the District of Columbia National Guard as applicable. The 
provision would also allow the consent or authorization to be 
given in advance for the purpose of establishing the succession 
of command of a unit.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Study and report regarding Marine Corps personnel policies regarding 
        assignments in Individual Ready Reserve (sec. 518)

    The House bill contained a provision (sec. 517) that would 
require the Secretary of the Navy to conduct a study on the 
policies, procedures, and impact on personnel of the Marine 
Corps Reserve relating to transfers between the Selected 
Reserve and Individual Ready Reserve.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Report on collection of information on civilian skills of members of 
        the reserve components of the armed forces (sec. 519)

    The Senate bill contained a provision (sec. 538) that would 
require the Secretary of Defense to submit a report by March 1, 
2009, on the feasibility, uses, and cost effectiveness of 
collecting information about skills, qualifications, and 
professional certifications possessed by members of the reserve 
components.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

         Subtitle C--Joint Qualified Officers and Requirements


Joint duty requirements for promotion to general or flag officer (sec. 
        521)

    The House bill contained a provision (sec. 521) that would 
amend section 619a of title 10, United States Code, to provide 
that with certain exceptions, an officer must be designated as 
a joint qualified officer, rather than a joint specialty 
officer, in accordance with section 661 of title 10, United 
States Code, before being eligible for promotion to general or 
flag officer.
    The Senate bill contained a similar provision (sec. 503).
    The agreement includes the House provision with a technical 
amendment.

Technical, conforming, and clerical changes to joint specialty 
        terminology (sec. 522)

    The House bill contained a provision (sec. 522) that would 
amend the terminology used in sections 661, 663, 665, and 667 
of title 10, United States Code, to correspond with changes 
made in section 516 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364), 
replacing references to ``joint specialty officer'' with 
``joint qualified officer.''
    The Senate bill contained a similar provision (sec. 505).
    The agreement includes the House provision.

Promotion policy objectives for joint qualified officers (sec. 523)

    The House bill contained a provision (sec. 523) that would 
amend section 662 of title 10, United States Code, to provide 
that officers in the grade of major or lieutenant commander and 
above who are designated as joint qualified officers are 
expected, as a group, to be promoted to the next higher grade 
at a rate not less than the rate for all officers of the same 
armed force in the same grade and competitive category.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would retain the current requirement that 
officers who are serving or have served on the joint staff are 
expected, as a group, to be promoted to the next higher grade 
at a rate not less than the rate for officers of the same armed 
force in the same grade and competitive category who are 
serving or have served on the headquarters staff of their armed 
force.

Length of joint duty assignments (sec. 524)

    The House bill contained a provision (sec. 524) that would 
amend section 664 of title 10, United States Code, to align 
prescribed joint duty assignment lengths with the joint 
qualification system implemented pursuant to section 516 of the 
John Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109-364), to take into account multiple joint 
experiences in satisfying joint duty assignment requirements.
    The Senate bill contained a similar provision (sec. 504).
    The agreement includes the House provision.

Designation of general and flag officer positions on Joint Staff as 
        positions to be held only by reserve component officers (sec. 
        525)

    The House bill contained a provision (sec. 525) that would 
amend section 526 of title 10, United States Code, to allow the 
Chairman of the Joint Chiefs of Staff to exempt up to three 
reserve general and flag officers from counting against the 
general and flag officer limitations.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Modification of limitations on authorized strengths of reserve general 
        and flag officers in active status serving in joint duty 
        assignments (sec. 526)

    The Senate bill contained a provision (sec. 531) that would 
amend section 12004 of title 10, United States Code, to exclude 
from the limitations on the numbers of reserve general and flag 
officers in an active status those reserve general and flag 
officers serving in joint duty assignments. The number of 
reserve general and flag officers excluded could not exceed 20 
percent of the number of authorized flag and general officers 
authorized for the service concerned.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment to also exclude from the limitations on the numbers 
of reserve general and flag officers in an active status Marine 
Corps reserve officers serving in joint duty assignments.

Reports on joint education courses available through the Department of 
        Defense (sec. 527)

    The House bill contained a provision (sec. 526) that would 
amend section 10506(a)(3) of title 10, United States Code, to 
require that service of an officer as the adjutant general of 
the National Guard of a State be treated as joint duty 
experience for assignment or promotion to any position 
designated by law as open to a National Guard general officer. 
The provision would require the Chief of the National Guard 
Bureau to issue a report to the Chairman of the Joint Chiefs of 
Staff and Congress recommending which duty of officers of the 
National Guard in the Joint Force Headquarters of the National 
Guard of the States should qualify as joint duty or joint duty 
experience. The provision would require that the Chairman of 
the Joint Chiefs of Staff submit three annual reports to 
Congress on the joint educational courses available through the 
Department. The provision would also require Commander, United 
States Northern Command, Commander, United States Pacific 
Command, and the Chief of the National Guard Bureau, with the 
approval of the Secretary of Defense, to jointly enter into a 
memorandum of understanding regarding operational relationships 
and individual roles and responsibilities during responses to 
domestic emergencies.
    The Senate bill contained no similar provision.
    The agreement requires the Chairman of the Joint Chiefs of 
Staff to report to Congress on the joint education courses 
available through the Department in 3 successive years starting 
in 2009.
    The Department is requested to expedite review of the 
findings of the final report to Congress and the Secretary of 
Defense of the Commission on the National Guard and Reserves, 
dated January 31, 2008, as required elsewhere in this bill.

                Subtitle D--General Service Authorities


Increase in maximum period of reenlistment of regular members of the 
        armed forces (sec. 531)

    The House bill contained a provision (sec. 531) that would 
amend section 505(d) of title 10, United States Code, and 
section 308(a) of title 37, United States Code, to increase 
from 6 to 8 years the maximum period of reenlistment of regular 
members of the armed forces.
    The Senate bill contained a similar provision (sec. 521).
    The agreement includes the House provision with a technical 
amendment.

Paternity leave for members of the armed forces (sec. 532)

    The Senate bill contained a provision (sec. 583) that would 
amend section 701 of title 10, United States Code, to authorize 
up to 21 days of leave for a male service member whose spouse 
gives birth to a child. The leave would be in addition to any 
other leave to which the service member is entitled.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would mandate 10 days of paternity leave for 
service members, and would authorize the secretaries concerned 
to implement the benefit by service regulation.

Pilot programs on career flexibility to enhance retention of members of 
        the armed forces (sec. 533)

    The House bill contained a provision (sec. 532) that would 
authorize the secretaries of the military departments to 
conduct pilot programs to evaluate the need for more 
flexibility in career patterns of a limited number of active-
duty officers and enlisted members. Under the pilot programs, 
selected service members would leave active duty for a period 
of up to 3 years, and then return to active duty in the same 
grade and years of service that they held at the time they were 
inactivated. Time spent while inactivated would not count 
toward retirement eligibility, computation of retired pay, or 
years of service.
    The Senate bill contained a similar provision (sec. 585) 
that would provide that the authority to conduct pilot programs 
would commence January 1, 2009, and end December 31, 2014. The 
provision would also require the secretaries of the military 
departments to submit interim reports in 2010 and 2012. The 
Secretary of Defense would be required to submit a final report 
no later than March 1, 2015, evaluating all the pilot programs 
conducted under this authority.
    The agreement includes the Senate provision with an 
amendment that would limit participation in the pilot programs 
to 20 enlisted personnel and 20 officers per year per service. 
The amendment would also establish that the pilot program 
authority would commence January 1, 2009, and that no member of 
the armed forces could be released from active duty under a 
pilot program after December 31, 2012. Finally, the amendment 
would require interim reports from the service secretaries to 
the congressional defense committees no later than June 1, 
2011, and June 1, 2013, and a final report from the Secretary 
of Defense no later than March 1, 2016.

                   Subtitle E--Education and Training


Authorized strength of military service academies and repeal of 
        prohibition on phased increase in midshipmen and cadet strength 
        limit at Naval Academy and Air Force Academy (sec. 540)

    The House bill contained a provision (sec. 541) that would 
amend sections 6954 and 9342 of title 10, United States Code, 
to extend the authority of the Secretary of the Navy and the 
Secretary of the Air Force to increase the size of the Brigade 
of Midshipmen and the Cadet Wing at the United States Naval 
Academy and Air Force Academy respectively by up to 100 cadets 
per year to a maximum of 4,400 cadets.
    The Senate bill contained a similar provision (sec. 551) 
that would provide that the authorized strength of the Brigade 
of Midshipmen at the United States Naval Academy is 4,400 
midshipmen, or such lower number as may be prescribed by the 
Secretary of the Navy.
    The agreement includes the Senate provision with an 
amendment that would provide that the maximum authorized 
strengths of the Military Academy, the Naval Academy, and the 
Air Force Academy are each 4,400 cadets or midshipmen.

Promotion of foreign and cultural exchange activities at military 
        service academies (sec. 541)

    The House bill contained a provision (sec. 542) that would 
amend chapters 403, 603, and 903 of title 10, United States 
Code, to allow the military service academies to support 
foreign and cultural exchange programs for up to two weeks a 
year to foster the development of foreign language skills, 
cross cultural interactions and understanding, and cultural 
immersion of cadets and midshipmen.
    The Senate bill contained a similar provision (sec. 555).
    The agreement includes the House provision.

Increased authority to enroll defense industry employees in defense 
        product development program (sec. 542)

    The House bill contained a provision (sec. 544) that would 
amend section 7049 of title 10, United States Code, to increase 
from 25 to 125 the number of defense industry employees who 
could receive instruction at the Naval Postgraduate School.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Expanded authority for institutions of professional military education 
        to award degrees (sec. 543)

    The House bill contained a provision (sec. 549) that would 
authorize the President of the National Defense Intelligence 
College, the President of the National Defense University, the 
Commandant of the United States Army Command and General Staff 
College, the Commandant of the United States Army War College, 
the President of the Naval Postgraduate School, the President 
of the Naval War College, the President of the Marine Corps 
University, and the Commander of the Air University, for both 
the Air Force Institute of Technology and for the Air 
University, to confer appropriate degrees upon graduates who 
meet degree requirements. A degree would not be conferred under 
this authority unless the Secretary of Education has 
recommended approval of the degree and the college or 
university is accredited by the appropriate civilian academic 
accrediting agency or organization.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Tuition for attendance of federal employees at the United States Air 
        Force Institute of Technology (sec. 544)

    The Senate bill contained a provision (sec. 552) that would 
amend section 9314(c) of title 10, United States Code, to 
require the United States Air Force Institute of Technology to 
charge tuition for instruction of civilians from the military 
departments, other components of the Department of Defense, and 
other federal agencies, and to use these funds to defray the 
costs of such instruction.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with a 
technical amendment.

Increase in number of permanent professors at the United States Air 
        Force Academy (sec. 545)

    The Senate bill contained a provision (sec. 508) that would 
amend section 9331 of title 10, United States Code, to increase 
from 21 to 25 the number of permanent professors at the Air 
Force Academy.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would increase from 21 to 23 the number of 
permanent professors at the Air Force Academy.

Requirement of completion of service under honorable conditions for 
        purposes of entitlement to educational assistance for reserve 
        component members supporting contingency operations (sec. 546)

    The House bill contained a provision (sec. 545) that would 
amend section 16164 of title 10, United States Code, to clarify 
that only service members who separate under honorable 
conditions are eligible to use the educational benefits under 
chapter 1607 of title 10, United States Code, for a period of 
10 years after separation.
    The Senate bill contained a similar provision (sec. 554).
    The agreement includes the Senate provision with an 
amendment that would make this provision effective on the date 
of enactment of this Act and apply to persons who separate 
after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181) 
who, as of the date of enactment of this Act, have not used any 
of their entitlement under chapter 1607 of title 10, United 
States Code.

Consistent education loan repayment authority for health professionals 
        in regular components and Selected Reserve (sec. 547)

    The House bill contained a provision (sec. 546) that would 
equate the maximum limits for loan repayment programs for 
health professionals in the reserve components under section 
16302 of title 10, United States Code, with the maximum limits 
for loan repayment programs for active-duty health 
professionals under section 2173 of title 10, United States 
Code.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Increase in number of units of Junior Reserve Officers' Training Corps 
        (sec. 548)

    The House bill contained a provision (sec. 547) that would 
require the Secretary of Defense, in consultation with the 
secretaries of the military departments, to develop and 
implement a plan to establish and support 4,000 Junior Reserve 
Officers' Training Corps units by fiscal year 2020. The section 
would also require the Secretary of Defense to submit a report 
to the congressional defense committees that would provide 
information on how the services will achieve this goal, as well 
as other pertinent information, by March 31, 2009.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment to develop and implement a plan to establish and 
support 3,700 Junior Reserve Officers' Training Corps units by 
fiscal year 2020.

Correction of erroneous Army College Fund benefit amounts (sec. 549)

    The House bill contained a provision (sec. 548) that would 
authorize the Secretary of the Army, through the Army Board for 
Correction of Military Records, to consider, from January 1, 
2009, through June 30, 2009, a request for the correction of 
military records relating to the amount of the Army College 
Fund benefit to which an applicant may be entitled under an 
Army incentive program contract. The provision would clarify 
that the Secretary may pay such amounts as the Secretary 
considers necessary without regard to any limits on the total 
combined amounts established for the Army College Fund and the 
Montgomery G.I. Bill.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would allow consideration of such requests 
through December 31, 2009.

Enhancing education partnerships to improve accessibility and 
        flexibility for members of the Armed Forces (sec. 550)

    The House bill contained a provision (sec. 550) that would 
authorize service secretaries to enter into partnership 
agreements with educational institutions in the United States 
for the purpose of developing plans to improve accessibility 
and flexibility of college courses available to service 
members; improving the application process for the armed forces 
tuition assistance programs and raising awareness regarding 
educational opportunities available to service members; 
developing curriculum, distance education programs, and career 
counseling designed to meet the professional, financial, 
academic, and social needs of service members; and assessing 
how resources may be applied more effectively to meet the 
educational needs of service members.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

               Subtitle F--Defense Dependents' Education


Continuation of authority to assist local educational agencies that 
        benefit dependents of members of the armed forces and 
        Department of Defense civilian employees (sec. 551)

    The House bill contained a provision (sec. 571) that would 
authorize $50.0 million for continuation of the Department of 
Defense (DOD) assistance program to local agencies that are 
impacted by enrollment of dependent children of military 
members and DOD civilian employees. This provision would also 
authorize $15.0 million for assistance to local educational 
agencies with significant changes in enrollment of military and 
civilian school-aged dependent children due to base closures, 
force structure changes, or force relocations.
    The Senate bill contained a similar provision (sec. 561) 
that would authorize $30.0 million and $10.0 million for each 
assistance program, respectively.
    The agreement includes the Senate provision with an 
amendment that would authorize $35.0 million and $15.0 million 
for each program, respectively.

Impact aid for children with severe disabilities (sec. 552)

    The Senate bill contained a provision (sec. 562) that would 
authorize $5.0 million for impact aid payments for children 
with disabilities for continuation of the Department of 
Defense's assistance to local educational agencies that benefit 
dependents with severe disabilities.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Transition of military dependent students among local educational 
        agencies (sec. 553)

    The Senate bill contained a provision (sec. 563) that would 
require the Secretary of Defense to work with the Secretary of 
Education in any efforts to ease the transition of military 
dependent students between Department of Defense schools, 
schools of local educational agencies, and other schools. The 
provision would authorize the Secretary of Defense to use funds 
of the Department of Defense Education Activity for this 
purpose.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would make the authority temporary, expiring on 
September 30, 2013. The amendment would also allow distance 
learning and training programs for military students and 
teachers.

Calculation of payments for eligible federally connected children under 
        Department of Education's impact aid program (sec. 554)

    The House bill contained a provision (sec. 572) that would 
amend section 8003(c)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703(c)) to allow calculation 
of impact aid payments for certain local educational agencies 
to be based on student population data from the current school 
year rather than the previous school year's population.
    The Senate bill contained no similar provision.
    The agreement included the House provision with an 
amendment that would amend the Elementary and Secondary 
Education Act of 1965 to change the requisite number of 
federally connected children that attend area schools daily in 
order for a school district to receive impact aid from 6,500 to 
5,000 students in fiscal year 2009.

                      Subtitle G--Military Justice


Effective period of military protective orders (sec. 561)

    The House bill contained a provision (sec. 552) that would 
amend chapter 80 of title 10, United States Code, to extend a 
standing military protective order by a military commander 
until the allegation prompting the protective order is resolved 
by investigation, courts martial, or other command determined 
adjudication, or the military commander issues a new order.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would provide that a military protective order 
issued by a military commander shall remain in effect until the 
military commander terminates the order or issues a new order.

Mandatory notification of issuance of military protective order to 
        civilian law enforcement (sec. 562)

    The House bill contained a provision (sec. 553) that would 
amend chapter 80 of title 10, United States Code, to require 
the commander of a military installation to notify appropriate 
civilian authorities in the event a military protective order 
is issued against a member of the armed forces when any 
individual involved in the order does not reside on a military 
installation.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Implementation of information database on sexual assault incidents in 
        the armed forces (sec. 563)

    The House bill contained a provision (sec. 554) that would 
require the Secretary of Defense to implement a centralized, 
case-level database for the collection and maintenance of 
information regarding sexual assaults involving members of the 
armed forces.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to submit 
a report to the Committees on Armed Services of the Senate and 
the House of Representatives on the status of the Defense 
Incident-Based Reporting System and an explanation of how this 
system will relate to the sexual assault database.

        Subtitle H--Decorations, Awards, and Honorary Promotions


Replacement of military decorations (sec. 571)

    The House bill contained a provision (sec. 561) that would 
amend chapter 57 of title 10, United States Code, to require 
the secretary concerned to replace, on a one-time basis and 
without charge, a military decoration upon the request of the 
recipient of the military decoration or the next of kin of a 
deceased recipient.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Authorization and request for award of Medal of Honor to Richard L. 
        Etchberger for acts of valor during the Vietnam War (sec. 572)

    The House bill contained a provision (sec. 562) that would 
authorize the President to award the Medal of Honor to Richard 
L. Etchberger, who served in the United States Air Force during 
the Vietnam War. This section would also waive the statutory 
time limitation under section 8744 of title 10, United States 
Code.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a technical 
amendment.

                     Subtitle I--Military Families


Presentation of burial flag to the surviving spouse and children of 
        deceased members of the armed forces (sec. 581)

    The House bill contained a provision (sec. 581) that would 
amend section 1482 of title 10, United States Code, to 
authorize the presentation of a burial flag to the surviving 
spouse of a deceased service member when the surviving spouse 
is not otherwise entitled to a flag as the person designated to 
direct the disposition of the remains.
    The Senate bill contained a similar provision (sec. 641) 
that would also authorize the presentation of a burial flag to 
each child of a deceased service member.
    The agreement includes the House provision with an 
amendment that would authorize the presentation of a burial 
flag to each child of a deceased service member.

Education and training opportunities for military spouses (sec. 582)

    The House bill contained a provision (sec. 582) that would 
authorize the Secretary of Defense to establish programs to 
assist the spouse of a service member serving on active duty in 
receiving education and training required for a degree, 
credential, or professional licensure in order to expand 
employment and career opportunities for spouses. The provision 
would also authorize tuition assistance to pursue such 
education and training.
    The Senate bill contained a provision (sec. 571) that would 
authorize the Secretary to establish programs to provide or 
make available to spouses of service members on active duty 
education, training, and financial assistance to facilitate the 
pursuit of a portable career.
    The agreement includes the House provision with an 
amendment that would clarify that these programs may be used to 
enable a spouse to pursue a portable career, and would clarify 
the definition of a portable career.

Sense of the Congress regarding honor guard details for funerals of 
        veterans (sec. 583)

    The House bill contained a provision (sec. 583) that would 
express the sense of Congress that the secretaries of the 
military departments should, to the maximum extent practicable, 
provide honor guard details for the funerals of veterans.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                       Subtitle J--Other Matters


Prohibition on interference in independent legal advice by the Legal 
        Counsel to the Chairman of the Joint Chiefs of Staff (sec. 591)

    The Senate bill contained a provision (sec. 586) that would 
amend section 156(d) of title 10, United States Code, to 
prohibit any officer or employee of the Department of Defense 
from interfering with the ability of the legal counsel to the 
Chairman of the Joint Chiefs of Staff to give independent legal 
advice to the Chairman of the Joint Chiefs of Staff and to the 
Joint Chiefs of Staff.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Interest payments on certain claims arising from correction of military 
        records (sec. 592)

    The House bill contained a provision (sec. 592) that would 
require the service secretaries to pay interest on claims 
arising from the correction of a military record that involves 
setting aside a conviction by court-martial. The provision 
would apply to any sentence of a court-martial set aside by a 
corrections board after October 1, 2007.
    The Senate bill contained a provision (sec. 582) that would 
authorize the Secretary of Defense and the service secretaries 
to provide relief to a member or former member of the armed 
forces who, in the determination of the Secretary concerned, 
had suffered imprisonment pursuant to a court-martial 
conviction as a result of an injustice or error on the part of 
the Department of Defense or any of its employees acting in 
their official capacity. The relief provided would include the 
payment of monies, including interest, from funds available for 
emergency and extraordinary expenses under section 127 of title 
10, United States Code.
    The agreement includes the House provision with an 
amendment that would specify that the interest paid be at a 
rate determined by the Secretary concerned, unless the 
Secretary concerned determines that the payment of interest is 
inappropriate under the circumstances.

Extension of limitation on reductions of personnel of agencies 
        responsible for review and correction of military records (sec. 
        593)

    The House bill contained a provision (sec. 593) that would 
amend section 1559(a) of title 10, United States Code, to 
change the termination date for the limitation on reductions of 
personnel of the service boards of correction of military 
records from October 1, 2008, to December 31, 2010.
    The Senate bill contained no such provision.
    The agreement includes the House provision.
    The boards for correction of military records perform a 
vital function in ensuring timely review and disposition of 
applications for relief under chapter 79 of title 10, United 
States Code. The Secretary of Defense is directed to submit a 
report to the Committees on Armed Services of the Senate and 
House of Representatives no later than July 1, 2009, regarding 
the operation of the services' boards of correction. The report 
should discuss the compliance by each service with the 
statutory timeliness standards for disposition of applications 
before corrections boards since 2001 and an assessment whether 
the limitation on personnel reductions in section 1559(a) 
continue to be necessary to ensure compliance with processing 
time requirements.

Modification of matching fund requirements under National Guard Youth 
        Challenge Program (sec. 594)

    The Senate bill contained a provision (sec. 537) that would 
amend section 509(d) of title 32, United States Code, to 
clarify that the limitation on assistance provided by the 
Department of Defense to a State National Guard Youth Challenge 
Program may not be construed as a limitation on the amount of 
assistance that may be provided by other sources, nor should 
contributions from other sources be included in calculating the 
Department's share of the costs of operating State programs.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Military salute for the flag during the national anthem by members of 
        the armed forces not in uniform and by veterans (sec. 595)

    The Senate bill contained a provision (sec. 1081) that 
would amend section 301 of title 36, United States Code, to 
authorize veterans and members of the armed forces not in 
uniform to render a military salute in the same manner as 
members of the armed forces in uniform during the playing of 
the national anthem.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Military Leadership Diversity Commission (sec. 596)

    The House bill contained a provision (sec. 595) that would 
establish the Senior Military Leadership Diversity Commission 
to study the diversity within the senior leadership of the 
armed forces.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would establish the Military Leadership 
Diversity Commission to conduct a comprehensive evaluation and 
assessment of policies that provide for opportunities for the 
promotion and advancement of minority members of the armed 
forces, including minority members who are senior officers.

Demonstration project on service of retired nurse corps officers as 
        faculty at civilian nursing schools (sec. 597)

    The House bill contained a provision (sec. 941) that would 
require the Secretary of Defense to establish a Department of 
Defense School of Nursing, and would authorize the Secretary to 
conduct a demonstration project to enable retired military 
nurses to serve as faculty at civilian nursing schools.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would authorize the Secretary of Defense to 
conduct a demonstration project to encourage retired military 
nurses to serve as faculty at civilian nursing schools.

Report on planning for participation and hosting of the Department of 
        Defense in international sports activities, competitions, and 
        events (sec. 598)

    The Senate bill contained a provision (sec. 584) that would 
amend section 717 of title 10, United States Code, to include 
the Military World Games as an international sports competition 
in which members of the armed forces may be authorized to 
participate. The provision would increase the maximum amounts 
from $3.0 million to $6.0 million that the Secretary of Defense 
may apportion among the military departments, and from $100,000 
to $200,000 for the Coast Guard and Department of Homeland 
Security, that may be spent during each successive 4 year 
period beginning on October 1, 2008, for participation in 
certain international sports competitions. The provision would 
also require the Secretary to submit to the Committees on Armed 
Services of the Senate and the House of Representatives not 
later than October 1, 2009, a report setting forth a 
comprehensive plan for participation in and planning for 
hosting of international sports activities, competitions, and 
events.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would require the report only.

                   Legislative Provisions Not Adopted


Extension of authority to reduce minimum length of active service 
        required for voluntary retirement as an officer

    The House bill contained a provision (sec. 503) that would 
extend the period during which the Secretary of Defense may 
authorize the secretaries of the military departments to lower 
the years of active service as a commissioned officer required 
for retirement as an officer from a minimum of 10 years to a 
minimum of 8 years.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Compensation for civilian President of Naval Postgraduate School

    The House bill contained a provision (sec. 543) that would 
authorize the Secretary of the Navy to compensate the civilian 
President of the Naval Post Graduate School as the Secretary 
prescribes, except that basic pay could not exceed the rate of 
compensation authorized for Level I of the Executive Schedule.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Advancement of Brigadier General Charles E. Yeager, United States Air 
        Force (Retired), on the retired list

    The House bill contained a provision (sec. 563) that would 
entitle Brigadier General Yeager to hold the rank of major 
general on the retired list of the Air Force.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    Brigadier General Yeager is an extraordinary American hero. 
During World War II he distinguished himself in aerial combat 
over France and Germany by shooting down 13 enemy aircraft 
including five on one mission. As an Air force test pilot he 
played a pivotal role in the advancement of aviation. Brigadier 
General Yeager made history on October 14, 1947, when he became 
the first man to fly faster than the speed of sound and on 
December 12, 1953, he also became the first man to fly faster 
than twice the speed of sound. During the Vietnam War he flew 
127 missions over South Vietnam as the Commander of the 405th 
Fighter Wing. He is one of only four individuals to have 
received the Special Medal of Honor, the non-combat equivalent 
of the Medal of Honor.
    For these and many other achievements in a remarkable life 
of leadership, commitment, and achievement in service to the 
Air Force and the United States, we urge the President to 
reconsider Brigadier General Yeager's advancement on the 
retired list and immediately nominate him for promotion to the 
grade of Major General.

Advancement of Rear Admiral Wayne E. Meyer, United States Navy 
        (Retired), on the retired list

    The House bill contained a provision (sec. 564) that would 
authorize and request the President to appoint, by and with the 
advice and consent of the Senate, Rear Admiral Wayne E. Meyer 
to the grade of vice admiral on the retired list of the Navy.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    The Department of Defense is encouraged to review the 
military records of Rear Admiral Meyer and to consider whether 
he should be appointed to the grade of vice admiral on the 
retired list of the Navy. If the Department concludes that he 
should be so appointed, the Administration should request 
legislation authorizing the appointment, with the advice and 
consent of the Senate.

Award of Vietnam Service Medal to veterans who participated in Mayaguez 
        rescue operation

    The House bill contained a provision (sec. 565) that would 
authorize the secretary of a military department to award the 
Vietnam Service Medal to eligible veterans in lieu of any Armed 
Forces Expeditionary Medal awarded for participation in the 
Mayaguez rescue operation of May 12 through May 15, 1975.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Retroactive award of Army Combat Action Badge

    The House bill contained a provision (sec. 566) that would 
authorize the Secretary of the Army to award the Army Combat 
Action Badge to individuals who, while a member of the Army, 
participated in combat between December 7, 1941, and September 
18, 2001.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Inclusion of Reserves in providing federal aid for State governments, 
        enforcing federal authority, and responding to major public 
        emergencies

    The House bill contained a provision (sec. 591) that would 
amend sections 331, 332, and 333 of title 10, United States 
Code, to clarify that the President's authority to use the 
armed forces, including units and members of the Army Reserve, 
Navy Reserve, Air Force Reserve, Marine Corps Reserve, and 
Coast Guard Reserve, for the purposes delineated in those 
sections.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    This provision was requested by the Department of Defense 
to give the President the maximum flexibility in employing the 
armed forces, including the unique capabilities in the Army, 
Navy, Marine Corps, and Coast Guard Reserves when necessary to 
respond to major disasters or emergencies. Many State governors 
have expressed concern about unity of effort of State and 
Federal forces in delivering emergency services to citizens of 
their States and are concerned that they lack sufficient 
authority to direct the efforts of Federal forces, including 
personnel and units of the armed forces.
    We agree that this proposal has significant merit. The 
Department of Defense should engage with the community of 
governors to work out an understanding of unity of effort 
during domestic terrorist events and public emergencies. This 
key underlying issue must be addressed to allow this and other 
promising proposals to be enacted.

Authority to order Reserve units to active duty to provide assistance 
        in response to a major disaster or emergency

    The House bill contained a provision (sec. 594) that would 
amend section 12304(b) of title 10, United States Code, to 
provide that when the President determines that it is necessary 
to assist in responding to a major disaster or emergency as 
defined in the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122), the Secretary of Defense, and 
the Secretary of Homeland Security with respect to the Coast 
Guard when not operating as a service for the Navy, may be 
authorized to order any unit or member of the Army Reserve, Air 
Force Reserve, Navy Reserve, Marine Corps Reserve, or Coast 
Guard Reserve to active duty for not more than 365 days.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    This provision was requested by the Department of Defense 
to give the President the maximum flexibility in employing the 
armed forces, including the unique capabilities in the Army, 
Navy, Marine Corps, and Coast Guard Reserves when necessary to 
respond to major disasters or emergencies. Many State governors 
have expressed concern about unity of effort of State and 
Federal forces in delivering emergency services to citizens of 
their States and are concerned that they lack sufficient 
authority to direct the efforts of Federal forces, including 
personnel and units of the armed forces.
    We agree that this proposal has significant merit. The 
Department of Defense should engage with the community of 
governors to work out an understanding of unity of effort 
during domestic terrorist events and public emergencies. This 
key underlying issue must be addressed to allow this and other 
promising proposals to be enacted.

Limitation on simultaneous deployment to combat zones of dual-military 
        couples who have minor dependents

    The House bill contained a provision (sec. 596) that would 
authorize a member of the armed forces with minor dependents to 
request a deferment of deployment to an area for which imminent 
danger pay is authorized if the member has a spouse who is a 
member of the armed forces deployed to such an area.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Additional funds to carry out funeral honor functions at funerals for 
        veterans

    The House bill contained a provision (sec. 597) that would 
provide an additional $3.0 million for compliance with the 
funeral honors requirements of section 1491 of title 10, United 
States Code.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Protection of child custody arrangements for parents who are members of 
        the armed forces deployed in support of a contingency operation

    The House bill contained a provision (sec. 4510) that would 
amend Title II of the Servicemembers' Civil Relief Act (50 
U.S.C. App. 521 et seq.) (SCRA) to provide that a court may not 
modify or amend any previous judgment or order, or issue a new 
order, that would change the custody arrangements for a child 
of a servicemember deployed in support of a contingency 
operation unless there is clear and convincing evidence that it 
is in the best interest of the child. The provision would also 
provide that a court may not consider the absence of a service 
member by reason of deployment, or possibility of deployment, 
in determining the best interest of the child.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.
    It is the sense of Congress that, when addressing the best 
interests of minor children in child custody cases, judges 
should, whenever possible, allow service members to return from 
deployment before issuing a permanent order regarding child 
custody arrangements.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances


Fiscal year 2009 increase in military basic pay (sec. 601)

    The House bill contained a provision (sec. 601) that would 
authorize a pay raise for the members of the uniformed services 
of 3.9 percent effective on January 1, 2009. This across-the-
board pay raise is 0.5 percent above the budget request.
    The Senate bill contained an identical provision (sec. 
601).
    The agreement includes this provision.

Permanent extension of prohibition on charges for meals received at 
        military treatment facilities by members receiving continuous 
        care (sec. 602)

    The House bill contained a provision (sec. 602) that would 
amend section 402 of title 37, United States Code, to make 
permanent the prohibition on charges for meals received at 
military treatment facilities by certain service members 
receiving continuous care.
    The Senate bill contained a similar provision (sec. 616).
    The agreement includes the Senate provision.

Increase in maximum authorized payment or reimbursement amount for 
        temporary lodging expenses (sec. 603)

    The House bill contained a provision (sec. 604) that would 
increase the maximum authorized payment or reimbursement rate 
for temporary lodging expenses from $180 per day to $290 per 
day.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a technical 
amendment.

Availability of second family separation allowance for married couples 
        with dependents (sec. 604)

    The House bill contained a provision (sec. 605) that would 
require the service secretaries to pay one member of a married 
couple, both of whom are members of the uniformed services who 
are residing together with dependents prior to a qualifying 
deployment, a full family separation allowance under section 
427 of title 37, United States Code, and to pay the other 
member one-half of such allowance.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the service secretaries to pay 
each member of a married couple who qualify under this 
provision a full family separation allowance under section 427 
of title 37, United States Code.

Extension of authority for income replacement payments for reserve 
        component members experiencing extended and frequent 
        mobilization for active duty service (sec. 605)

    The House bill contained a provision (sec. 607) that would 
extend for 1 year the authority to pay income replacement for 
reserve component members experiencing extended and frequent 
mobilization for active duty service.
    The Senate bill contained a provision (sec. 614) that 
included an identical extension.
    The agreement includes the House provision.

           Subtitle B--Bonuses and Special and Incentive Pays


Extension of certain bonus and special pay authorities for reserve 
        forces (sec. 611)

    The House bill contained a provision (sec. 611) that would 
extend for 1 year the authority to pay the Selected Reserve 
reenlistment bonus; the Selected Reserve affiliation or 
enlistment bonus; special pay for enlisted members assigned to 
certain high priority units; the ready reserve enlistment bonus 
for persons without prior service; the ready reserve enlistment 
and reenlistment bonus for persons with prior service; and the 
Selected Reserve enlistment bonus for persons with prior 
service.
    The Senate bill contained an identical provision (sec. 
611).
    The agreement includes this provision.

Extension of certain bonus and special pay authorities for health care 
        professionals (sec. 612)

    The House bill contained a provision (sec. 612) that would 
extend until December 31, 2009, the authority to pay the nurse 
officer candidate accession bonus; the repayment of education 
loans for certain health professionals who serve in the 
Selected Reserve; the accession bonus for registered nurses; 
incentive special pay for nurse anesthetists; special pay for 
Selected Reserve health professionals in critically short 
wartime specialties; the accession bonus for dental officers; 
the accession bonus for pharmacy officers; the accession bonus 
for medical officers in critically short wartime specialties; 
and the accession bonus for dental specialist officers in 
critically short wartime specialties.
    The Senate bill contained a similar provision (sec. 612).
    The agreement includes the House provision.

Extension of special pay and bonus authorities for nuclear officers 
        (sec. 613)

    The House bill contained a provision (sec. 613) that would 
extend for 1 year the authority to pay the special pay for 
nuclear-qualified officers extending their period of active 
duty; the nuclear career accession bonus; and the nuclear 
career annual incentive bonus.
    The Senate bill contained an identical provision (sec. 
613).
    The agreement includes this provision.

Extension of authorities relating to payment of other title 37 bonuses 
        and special pays (sec. 614)

    The House bill contained a provision (sec. 614) that would 
extend for 1 year the authority to pay the aviation officer 
retention bonus; assignment incentive pay; the reenlistment 
bonus for active members; the enlistment bonus; the accession 
bonus for new officers in critical skills; the incentive bonus 
for conversion to military occupational specialty to ease 
personnel shortage; the accession bonus for officer candidates; 
and the retention bonus for members with critical military 
skills or assigned to high priority units.
    The Senate bill contained a provision (sec. 614) that would 
extend for 1 year the authority to pay the foregoing bonuses 
and special pays and income replacement for reserve members 
experiencing extended and frequent mobilizations.
    The agreement includes the House provision.

Extension of authorities relating to payment of referral bonuses (sec. 
        615)

    The House bill contained a provision (sec. 615) that would 
extend for 1 year the authority to pay the health professions 
referral bonus and the Army referral bonus under sections 1030 
and 3252 of title 10, United States Code, respectively.
    The Senate bill contained a similar provision (sec. 615).
    The agreement includes the House provision.

Increase in maximum bonus and stipend amounts authorized under nurse 
        officer candidate accession program and Health Professions 
        Stipend Program (sec. 616)

    The House bill contained a provision (sec. 616) that would 
increase the bonus that may be paid to nurse officer candidates 
under section 2130a of title 10, United States Code, from 
$10,000 to $20,000, and the monthly stipend that may be paid to 
such candidates from $1,000 to $1,250. The provision would also 
increase the maximum initial installment of the bonus from 
$5,000 to $10,000.
    The Senate bill contained a provision (sec. 553) that would 
equate the authority for the stipend paid to baccalaureate 
students in nursing or other health professions under the 
Health Professions Stipend Program for health care 
professionals in reserve components with the amount of the 
stipend paid to participants in the Armed Forces Health 
Professions Scholarship Program under section 2121(d) of title 
10, United States Code.
    The agreement includes the House provision with an 
amendment that includes the provisions of section 553 of the 
Senate bill, and equates the maximum monthly stipend that may 
be paid to nurse officer candidates to the stipend paid under 
section 2121(d) of title 10, United States Code.

Maximum length of nuclear officer incentive pay agreements for service 
        (sec. 617)

    The House bill contained a provision (sec. 617) that would 
amend section 312 of title 37, United States Code, to require 
only that a qualifying agreement to remain on active duty be 
for a period of not less than 3 years with the objective of 
providing more flexibility in administering the nuclear officer 
continuation pay.
    The Senate bill contained a similar provision (sec. 618).
    The agreement includes the House provision.

Technical changes regarding consolidation of special pay, incentive 
        pay, and bonus authorities of the uniformed services (sec. 618)

    The House bill contained a provision (sec. 618) that would 
make technical changes to facilitate the utility of provisions 
included in the initiative to reform special and incentive pays 
adopted in the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181).
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a technical 
amendment.

Use of new skill incentive pay and proficiency bonus authorities to 
        encourage training in critical foreign languages and foreign 
        cultural studies and authorization of incentive pay for members 
        of precommissioning programs pursuing foreign language 
        proficiency (sec. 619)

    The House bill contained a provision (sec. 619) that would 
amend section 353 of title 37, United States Code, to authorize 
a skill proficiency bonus of up to $12,000 annually to a member 
enrolled in an officer training program and certain Senior 
Reserve Officers' Training Corps program participants who agree 
to participate in educational programs aimed at acquiring 
proficiency in critical foreign languages or expertise in 
critical foreign cultural studies. The provision would also 
require the Secretary of Defense to conduct a pilot program 
through December 31, 2013, that would pay a skill proficiency 
bonus to members of reserve components who similarly 
participate in designated foreign language or cultural studies 
programs.
    The Senate bill contained a similar provision (sec. 619) 
that would create a new section 316a of title 37, United States 
Code, to authorize the Secretary of Defense to pay incentive 
pay of up to $3,000 per year to an individual pursuing foreign 
language proficiency while enrolled in the Senior Reserve 
Officers' Training Corps or the Marine Corps Platoon Leaders 
Class.
    The agreement includes the House provision with an 
amendment that would authorize the Secretary of Defense to pay 
incentive pay to an individual pursuing foreign language 
proficiency in a critical foreign language while enrolled in 
the Senior Reserve Officers' Training Corps or the Marine Corps 
Platoon Leaders Class.

Accession and retention bonuses for the recruitment and retention of 
        officers in certain health professions (sec. 620)

    The House bill contained a provision (sec. 620) that would 
designate qualified psychologists, registered nurses, and other 
mental health professionals as determined by the service 
secretaries, as critically short wartime specialties.
    The Senate bill contained a provision (sec. 617) that would 
add a new section 301f to title 37, United States Code, to 
authorize a multiyear retention bonus for uniformed 
psychologists in the maximum amount of $25,000 per year for up 
to 4 years. The provision would also add a new section 302m to 
title 37, United States Code, to authorize an accession bonus 
for uniformed psychologists of up to $400,000 for an active-
duty commitment of at least 4 years.
    The agreement includes the House provision with an 
amendment that would add the multiyear retention bonus and 
accession bonus for uniformed psychologists.

            Subtitle C--Travel and Transportation Allowances


Special weight allowance for transportation of professional books and 
        equipment for spouses (sec. 621)

    The House bill contained a provision (sec. 632) that would 
authorize an additional weight allowance of 200 pounds for 
shipping materials associated with the employment or community 
support activities of the service member's spouse.
    The Senate bill contained a provision (sec. 632) that would 
authorize the service secretaries to permit an additional 
weight allowance of up to 500 pounds for professional books and 
equipment belonging to spouses of service members changing 
their permanent duty station. The provision would take effect 
October 1, 2009.
    The agreement includes the Senate provision with an 
amendment that would make the provision effective upon date of 
enactment of the Act.

Shipment of family pets during evacuation of personnel (sec. 622)

    The House bill contained a provision (sec. 633) that would 
authorize transportation, including payment of shipping and 
quarantine costs, of two household pets in cases of evacuation 
from a permanent station located in a foreign area.
    The Senate bill contained a similar provision (sec. 631).
    The agreement includes the Senate provision with an 
amendment that would subject the allowances for transportation 
of family pets to regulations prescribed by the Secretary of 
Defense that may specify limitations on the types, size, and 
number of pets for which transportation may be provided or 
reimbursement paid.

             Subtitle D--Retired Pay and Survivor Benefits


Extension to survivors of certain members who die on active duty of 
        special survivor indemnity allowance for persons affected by 
        required Survivor Benefit Plan annuity offset for Dependency 
        and Indemnity Compensation (sec. 631)

    The House bill contained a provision (sec. 643) that would 
extend the special survivor indemnity allowance enacted in 
section 644 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) to survivors of certain 
service members who die on active duty.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Correction of unintended reduction in Survivor Benefit Plan annuities 
        due to phased elimination of two-tier annuity computation and 
        supplemental annuity (sec. 632)

    The House bill contained a provision (sec. 646) that would 
require the Secretary of Defense to determine if the phased 
elimination of the two-tier annuity computation system, 
formerly a part of the Survivor Benefit Plan, and related 
supplemental survivor annuities, resulted in some Survivor 
Benefit Plan annuitants receiving a smaller annuity than they 
would have received if the two-tier computation system had not 
been eliminated, and to take such actions as necessary to 
adjust the annuity amounts to eliminate the reduction.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                        Benefits and Operations


Use of commissary stores surcharges derived from temporary commissary 
        initiatives for reserve components and retired members (sec. 
        641)

    The House bill contained a provision (sec. 651) that would 
authorize the Secretary of Defense to use the proceeds derived 
from surcharges imposed in connection with sales of commissary 
merchandise to members of reserve components, retired members, 
and others eligible for commissary benefits through use of 
temporary and mobile equipment to offset the cost of such 
initiatives.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Enhanced enforcement of prohibition on sale or rental of sexually 
        explicit material on military installations (sec. 642)

    The House bill contained a provision (sec. 654) that would 
require the Secretary of Defense to establish a Resale 
Activities Review Board to make recommendations to the 
Secretary regarding whether material sold or rented, or 
proposed for sale or rental, on military installations is 
barred from sale or rental due to its sexually explicit nature.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                       Subtitle F--Other Matters


Continuation of entitlement to bonuses and similar benefits for members 
        of the uniformed services who die, are separated or retired for 
        disability, or meet other criteria (sec. 651)

    The House bill contained a provision (sec. 662) that would 
require the service secretaries to pay the unpaid portions of 
bonuses to, and prohibit the service secretaries from recouping 
unearned portions of paid bonuses from, service members or 
their estates in the case of members who die, other than as a 
result of their own misconduct, or who are retired or separated 
under chapter 61 of title 10, United States Code. The provision 
would also authorize the service secretaries to waive 
recoupment of unearned bonuses and to pay the unpaid amounts of 
contracted bonuses in any circumstance where failing to do so 
would be against equity and good conscience or contrary to the 
best interests of the United States.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would clarify that the prohibition against 
requiring repayment of the unearned portion of any bonus, and 
the requirement to pay out the remainder of any bonus not yet 
paid, applies to service members who die while on active duty, 
or service members who retire or separate due to a disability 
that is determined to be combat-related as defined in section 
1413a(e) of title 10, United States Code.

                   Legislative Provisions Not Adopted


Equitable treatment of senior enlisted members in computation of basic 
        allowance for housing

    The House bill contained a provision (sec. 603) that would 
amend section 403 of title 37, United States Code, to provide 
that the determination of what constitutes adequate housing for 
members in the pay grade of E-8 with dependents shall be 
equivalent to the standard in effect for members in the pay 
grade of E-9 with dependents.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Stabilization of pay and allowances for senior enlisted members and 
        warrant officers appointed as officers and officers reappointed 
        in a lower grade

    The House bill contained a provision (sec. 606) that would 
authorize a member of the armed forces who accepts an 
appointment or reappointment as an officer, without a break in 
service, to retain the pay and allowances to which the member 
was entitled in the previous grade if it is more than the pay 
and allowances to which the member is entitled in the grade to 
which he is appointed or reappointed.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Guaranteed pay increase for members of the armed forces of one-half of 
        one percentage point higher than employment cost index

    The House bill contained a provision (sec. 608) that would 
mandate that pay raises for all service members during fiscal 
years 2010 through 2013 be one-half of 1 percent higher than 
the annual rise in the Employment Cost Index.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Increased weight allowance for transportation of baggage and household 
        effects for certain enlisted members

    The House bill contained a provision (sec. 631) that would 
authorize an additional weight allowance for noncommissioned 
officers in the grades E-5 through E-9 for shipping household 
goods during permanent changes in station.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Travel and transportation allowances for members of the reserve 
        components of the armed forces on leave for suspension of 
        training

    The Senate bill contained a provision (sec. 633) that would 
add a new section 411k to title 37, United States Code, to 
authorize travel and transportation allowances for service 
members on active duty for more than 30 days to travel from a 
temporary duty station to their permanent duty station and back 
again during times when training is suspended at the temporary 
duty station for a period of 5 days or more.
    The House bill contained no similar provision.
    The agreement does not include the provision.
    We urge the services to be mindful of training suspensions 
and minimal staffing periods when devising training schedules 
for the reserve components. Suspension of training activities 
for mobilized Reserve and National Guard units must be 
carefully managed to avoid wasted time and unnecessary absence 
from home duty stations, particularly during the holiday 
season.

Equity in computation of disability retired pay for reserve component 
        members wounded in action

    The House bill contained a provision (sec. 641) that would 
change the method of calculating retired pay for reserve 
component members who have been awarded the Purple Heart by 
crediting the members with a year of active-duty service for 
each year the members received at least 50 reserve retirement 
points.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Effect of termination of subsequent marriage on payment of Survivor 
        Benefit Plan annuity to surviving spouse or former spouse who 
        previously transferred annuity to dependent children

    The House bill contained a provision (sec. 642) that would 
authorize surviving spouses or former spouses, who had 
previously transferred their Survivor Benefit Plan annuity to a 
child or children, to reclaim their eligibility for the annuity 
after the termination of a subsequent marriage if the child or 
children were no longer eligible for the annuity.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Repeal of requirement of reduction of SBP survivor annuities by 
        Dependency and Indemnity Compensation

    The Senate bill contained a provision (sec. 642) that would 
eliminate the offset of Survivor Benefit Plan annuities by the 
amount of Dependency and Indemnity Compensation received from 
the Department of Veterans Affairs.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Election to receive retired pay for non-regular service upon retirement 
        for service in an active reserve status performed after 
        attaining eligibility for regular retirement

    The House bill contained a provision (sec. 644) that would 
allow officers with at least 20 years of active-duty service to 
retire and join the Selected Reserve and, after serving at 
least 2 years in the Selected Reserve, to receive retired pay 
in a higher grade if they are promoted after their active-duty 
retirement.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Recomputation of retired pay and adjustment of retired grade of Reserve 
        retirees to reflect service after retirement

    The House bill contained a provision (sec. 645) that would 
amend section 10145 of title 10, United States Code, to require 
recomputation of retired pay and adjustment of retired grade of 
non-regular retirees recalled to an active status in the 
Selected Reserve who complete not less than 2 years of service 
in that status.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Presumption of death for participants in Survivor Benefit Plan in 
        missing status

    The House bill contained a provision (sec. 647) that would 
prohibit a determination of presumed death by the Secretary of 
State for retired service members who are Survivor Benefit Plan 
annuitants, and who have been kidnapped in Iraq or Afghanistan.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    While current law explicitly entitles an active-duty 
service member to continued pay and allowances upon a 
determination that the member is missing, retired pay is 
stopped when a retired service member is determined to be 
missing, regardless of whether the member is still in a direct 
employment relationship with the Federal Government. Under the 
Survivor Benefit Plan, commencement of payment of the survivor 
benefit annuity may begin upon such a determination. We are 
sensitive to the fact that the annuity is typically but a 
portion of full retired pay. The Department of Defense must 
balance the need to avoid erroneous payments to survivors with 
the need to protect the interests of survivors in situations 
where death cannot or should not be presumed. We urge the 
Department to study whether retired pay should be stopped in 
the case of retired service members who are still in a direct 
employment relationship with the Federal Government, and to 
recommend statutory changes to the Congress, as necessary.

Eligibility for disability retired pay and separation pay of certain 
        former cadets and midshipmen with prior enlisted service

    The House bill contained a provision (sec. 648) that would 
extend retroactively the eligibility for disability retired pay 
and separation pay to cadets and midshipmen with prior enlisted 
service whose physical disabilities were incurred after January 
1, 2000.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Separation pay, transitional health care, and transitional commissary 
        and exchange benefits for members of the armed forces separated 
        under surviving son or daughter policy

    The Senate bill contained a provision (sec. 651) that would 
entitle service members who are separated under the Department 
of Defense surviving son or daughter policy to separation pay, 
transitional health care, and transitional commissary and 
exchange benefits.
    The House bill contained no similar provision.
    The agreement does not include the provision. The benefits 
of this section were included in the Hubbard Act (Public Law 
110-317) enacted August 29, 2008.

Requirements for private operation of commissary store functions

    The House bill contained a provision (sec. 652) that would 
amend section 2485(a)(2) of title 10, United States Code, to 
extend the moratorium on studies to compare the cost 
effectiveness of commissary operations employing federal 
civilian employees and private sector employees from December 
31, 2008, to December 31, 2013.
    The Senate amendment contained no similar provision.
    The agreement does not include the House provision.
    Before initiating a cost comparison study of a commissary 
store under Office of Management and Budget Circular A-76, we 
recommend that the Secretary of Defense confirm that the 
government workforce in question has transitioned to the 
Defense Commissary Agency's Workforce of the Future and ensure 
that the private sector competitor has demonstrated experience 
in grocery store operations.

Additional exception to limitation on use of appropriated funds for 
        Department of Defense golf courses

    The House bill contained a provision (sec. 653) that would 
amend section 2491a of title 10, United States Code, to 
authorize the use of appropriated funds to purchase and 
maintain golf carts designed to accommodate persons with 
disabilities and the use of such golf carts on military golf 
courses.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Use of appropriated funds to pay post allowance or overseas cost of 
        living allowances to nonappropriated fund instrumentality 
        employees serving overseas

    The House bill contained a provision (sec. 656) that would 
authorize the Secretary of Defense to pay post or cost of 
living allowances to nonappropriated fund instrumentality 
employees who are United States citizens and employed full-time 
at an overseas location utilizing appropriated funds. 
Appropriated funds may be used to pay such allowances only if 
they were due to a nonappropriated fund instrumentality 
employee or former employee since December 1, 2001, but have 
not been previously paid.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    We are aware that there has been some confusion about the 
requirement for nonappropriated fund entities to pay post 
allowances at overseas locations when the employee is hired 
locally. We are also aware that the Department of Defense is 
reconsidering the current policy that requires post allowances 
to be paid to nonappropriated fund employees who are locally 
hired. Given the confusion over the specifics of the policy, we 
believe that nonappropriated fund entities should be protected 
from the burden of making additional unexpected retroactive and 
current payments until the Department's reassessment of the 
policy is completed. We strongly urge the Secretary of Defense 
to identify and allocate appropriated funding to pay post 
allowances to locally hired nonappropriated fund employees at 
overseas locations and ensure that no nonappropriated fund 
entity incurs additional cost resulting from confusion over the 
Department's policy on these matters.

Study regarding sale of alcoholic wine and beer in commissary stores in 
        addition to exchange stores

    The House bill contained a provision (sec. 657) that would 
require the Secretary of Defense to conduct a study to evaluate 
the propriety, patron convenience, and financial utility of 
including alcoholic wine and beer for sale in, at, or by 
commissary stores, and to report the findings of this study to 
Congress. This provision would also authorize the Secretary to 
conduct a pilot program involving the sale of alcoholic wine 
and beer in commissary stores.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Bonus to encourage Army personnel and other persons to refer persons 
        for enlistment in the Army

    The House bill contained a provision (sec. 661) that would 
authorize the Secretary of the Army to train, directly or 
through a contractor, members of the general public to refer 
recruit candidates for enlistment. The provision would also 
provide the Secretary greater flexibility on the timing of 
referral bonus payments and the use of a contractor to manage 
the payment of such bonuses.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Providing injured members of the armed forces information concerning 
        benefits

    The House bill contained a provision (sec. 663) that would 
amend section 1651 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181) to add additional 
requirements to the handbook required by that section.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Postal benefits program for members of the armed forces serving in Iraq 
        or Afghanistan

    The House bill contained a provision (sec. 664) that would 
require the Secretary of Defense, in consultation with the 
United States Postal Service, to provide a postal benefits 
program to service members serving in Iraq or Afghanistan, or 
who are hospitalized in a Department of Defense facility as a 
result of service in Iraq or Afghanistan.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

         TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS

              Subtitle A--Improvements to Health Benefits


One-year extension of prohibition on increases in certain health care 
        costs for members of the uniformed services (sec. 701)

    The House bill contained a provision (sec. 701) that would 
extend until September 30, 2009, the statutory prohibition on 
increases in any premium, deductible, and copayment under 
TRICARE; the maximum charge for inpatient care under TRICARE 
Standard; and the enrollment fee for TRICARE Prime.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Temporary prohibition on increase in copayments under retail pharmacy 
        system of pharmacy benefits program (sec. 702)

    The House bill contained a provision (sec. 702) that would 
limit the cost sharing requirements for drugs provided through 
the TRICARE retail pharmacy program to amounts not more than $3 
for generic drugs, $9 for formulary drugs, and $22 for non-
formulary drugs during fiscal year 2009.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Chiropractic health care for members on active duty (sec. 703)

    The House bill contained a provision (sec. 704) that would 
require the Secretary of Defense to provide chiropractic 
services for members of the uniformed services who are entitled 
to care under section 1074(a) of title 10, United States Code. 
The provision would also authorize the Secretary to conduct 
demonstration projects to provide chiropractic services to 
deployed members of the uniformed services.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense, not 
later than September 30, 2009, to provide chiropractic services 
to active duty service members at 11 additional Military 
Treatment Facilities that do not currently provide chiropractic 
services, the selection of which would be decided by the 
Department of Defense.

Calculation of monthly premiums for coverage under TRICARE Reserve 
        Select after 2008 (sec. 704)

    The House bill contained a provision (sec. 705) that would 
require the Secretary of Defense to recalculate the monthly 
premium for TRICARE Standard coverage. The premium could not 
cost more than 28 percent of the total average monthly amount 
for coverage based on actual cost data for the preceding fiscal 
year. If the amount calculated based on actual cost data is 
more than the amount in effect for the month of March 2006, 
then the Secretary would be required to offer coverage at the 
March 2006 rate.
    The Senate bill contained a provision (sec. 701) that would 
require the Secretary of Defense to calculate calendar year 
2009 monthly premiums for TRICARE Standard coverage based on 
the actual cost of coverage during calendar years 2006 and 
2007. The provision would require the premiums for subsequent 
years to be calculated using the actual cost of providing 
benefits during the preceding calendar years.
    The agreement includes the Senate provision with an 
amendment that would stipulate that calendar year 2009 monthly 
premium calculations must be limited to no more than 28 percent 
of the total average monthly amount for that coverage, as 
determined by the cost of providing benefits during calendar 
years 2006 and 2007, but may not exceed the amount in effect 
for the month of March 2007. For subsequent years, the premium 
calculation must be based on the actual cost of providing 
benefits during the preceding calendar years.

Program for health care delivery at military installations projected to 
        grow (sec. 705)

    The House bill contained a provision (sec. 706) that would 
require the Secretary of Defense to develop a plan to establish 
a program to build cooperative health care arrangements and 
agreements between military installations projected to grow and 
local and regional civilian health care systems. The provision 
would also require the Secretary to implement such a program at 
each installation participating in the pilot program conducted 
pursuant to section 721 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375). The Secretary would be required to submit an annual 
report to the Committees on Armed Services of the Senate and 
House of Representatives describing the results of the program.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would authorize the Secretary to develop a plan, 
and that would delete the requirement that the program be 
implemented at each installation participating in the pilot 
program under section 721 of Public Law 108-375.
    We are encouraged by the Department of Defense's assessment 
of the pilot programs for health care delivery established by 
Public Law 108-375 in its July 2007 interim report on the 
status of these programs. At the two sites selected to test the 
program, Fort Drum, New York, and Yuma, Arizona, the Department 
found that ``substantive partnerships, significant cooperative 
health care arrangements, and agreements'' have been 
established between each installation and its local civilian 
medical community. We urge the Department of Defense to take 
the best practices learned from these respective programs and 
use them as a model for future initiatives established under 
this section.

Guidelines for combined medical facilities of the Department of Defense 
        and the Department of Veterans Affairs (sec. 706)

    The House bill contained a provision (sec. 707) that would 
require the Secretaries of Defense and Veterans Affairs to 
complete a written agreement including, at a minimum, plans for 
patient priority categories, budgeting, staffing, construction, 
and physical plant management before a facility could be 
designated a combined federal medical facility of the 
Department of Defense and the Department of Veterans Affairs.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would add governance, training, contingency 
planning, quality assurance, and information technology to the 
list of minimum requirements for the written agreement.

                      Subtitle B--Preventive Care


Waiver of copayments for preventive services for certain TRICARE 
        beneficiaries (sec. 711)

    The House bill contained a provision (sec. 711) that would 
require the Secretary of Defense to waive all TRICARE 
copayments for preventive services for all beneficiaries who 
would otherwise pay copayments, and to ensure that a 
beneficiary pays nothing for preventive services during a year 
even if the beneficiary has not paid the amount necessary to 
cover their annual deductible. The provision would also 
authorize the Secretary to refund the copayment amounts paid by 
certain Medicare-eligible beneficiaries for preventive services 
obtained during fiscal year 2009. Covered preventive services 
would include colorectal screening, breast screening, cervical 
screening, prostate screening, annual physical exams, and 
vaccinations.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would expand the list of covered preventive 
services to include any other services as determined by the 
Secretary of Defense.
    We believe that the Department of Defense should also 
consult with and consider the recommendations of the U.S. 
Preventive Services Task Force, as well as consider including 
screenings for other preventable health care conditions such as 
osteoporosis.

Military health risk management demonstration project (sec. 712)

    The House bill contained a provision (sec. 712) that would 
require the Secretary of Defense to conduct a demonstration 
project evaluating the efficacy of providing monetary and non-
monetary incentives to assist enrolled beneficiaries to improve 
and encourage healthy behaviors. The demonstration project must 
include a wellness assessment with physiological and biometric 
measures such as blood pressure, glucose level, lipids, and 
nicotine use. Non-Medicare eligible retired TRICARE Prime 
beneficiaries and their dependents who reside in the 
demonstration project service area would be enrolled in the 
demonstration project.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would offer, rather than require, eligible 
beneficiaries to enroll in the demonstration project, and would 
add weight to the list of measures to be included in the 
wellness assessment.

Smoking cessation program under TRICARE (sec. 713)

    The House bill contained a provision (sec. 713) that would 
require the Secretary of Defense to establish a smoking 
cessation program under TRICARE. The program would be made 
available to all non-Medicare eligible beneficiaries covered 
under TRICARE. The program would include, at a minimum: 
pharmaceuticals used for smoking cessation through the mail-
order pharmacy program at no cost to the beneficiary if 
appropriate; access to a 24 hour, 7 days a week toll-free quit 
line; and access to tobacco cessation materials.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would add counseling as a required program 
element, and provide for involvement of the military chain of 
command.
    We urge the Department of Defense to look at the work of 
other nationally recognized programs and consider implementing 
any appropriate best practices into its program.

Preventive health allowance (sec. 714)

    The House bill contained a provision (sec. 714) that would 
require the Secretary of Defense to conduct a demonstration 
project to evaluate the efficacy of providing an annual 
preventive health services allowance to eligible service 
members, in order to increase the use of preventive health 
services by those service members and their dependents.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would add to the list of preventive health 
services weight and body mass screening.

Additional authority for studies and demonstration projects relating to 
        delivery of health and medical care (sec. 715)

    The Senate bill contained a provision (sec. 712) that would 
authorize the Secretary of Defense to conduct additional 
studies and demonstrations relating to the delivery of health 
and medical care, which may include:
          (1) projects to provide awards and incentives to 
        TRICARE covered service members and beneficiaries who 
        obtain certain health promotion and disease prevention 
        health care services;
          (2) projects to provide awards and incentives to 
        individual health care professionals to encourage 
        improved quality and effectiveness of health care 
        services;
          (3) projects to improve the medical and dental 
        readiness of the reserve components; and
          (4) projects to improve the continuity of health care 
        services for family members of mobilized members of the 
        reserve components, including payment of a stipend for 
        continuation of employer-provided health coverage.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would clarify that health promotion and disease 
prevention health care services received by members and covered 
beneficiaries are required to be obtained under the TRICARE 
program. The amendment would also clarify that personnel 
incentives available to individual health care professionals 
should be made available to civilian personnel as well as 
members of the armed forces.

                  Subtitle C--Wounded Warrior Matters


Center of excellence in prevention, diagnosis, mitigation, treatment, 
        and rehabilitation of hearing loss and auditory system injuries 
        (sec. 721)

    The House bill contained a provision (sec. 721) that would 
require the Secretary of Defense to establish within the 
Department of Defense a center of excellence in the prevention, 
diagnosis, mitigation, treatment, and rehabilitation of hearing 
loss and auditory system injury. The Secretary would be 
required to collaborate with the Secretary of Veterans Affairs, 
institutions of higher education, and other appropriate public 
and private entities to carry out the work of the center.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.
    We note that tinnitus, characterized by ringing in the 
ears, can be a severely disabling condition that impacts 
military personnel, particularly those exposed to blasts. The 
genesis and nature of this condition requires further study, 
including whether it disproportionately affects military 
personnel, and its correlation to other combat related 
neurological conditions.

Clarification to center of excellence relating to military eye injuries 
        (sec. 722)

    The House bill contained a provision (sec. 722) that would 
remove the phrase ``in combat'' from section 1623(d) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181) to match sections 1621 and 1623 of the same Act.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.
    We direct that not later than 30 days after the date of 
enactment of this Act, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a report on the status of implementation of the 
Vision Center of Excellence. The report shall include, at a 
minimum, a description of the mission of the center, the 
resources and funds available for the center in fiscal years 
2009 through 2013, and the planned programs and priorities of 
the center.

Center of excellence in the mitigation, treatment, and rehabilitation 
        of traumatic extremity injuries and amputations (sec. 723)

    The House bill contained a provision (sec. 724) that would 
require the Secretary of Defense and the Secretary of Veterans 
Affairs to establish a competitive, peer-reviewed research 
program to conduct peer-reviewed medical research designed to 
develop scientific information aimed at saving injured 
extremities, avoiding amputations, and preserving and restoring 
the function of injured extremities. The Secretary would also 
be required to submit a report on the plans for establishment, 
management, and operation of this research program.
    The Senate bill contained a similar provision (sec. 1066).
    The agreement includes the Senate provision with an 
amendment that would add conducting research on saving injured 
extremities, avoiding amputations, and preserving and restoring 
the function of injured extremities to the responsibilities of 
the center.

Additional responsibilities for the Wounded Warrior Resource Center 
        (sec. 724)

    The Senate bill contained a provision (sec. 1064) that 
would amend section 1616(a) of the Wounded Warrior Act (title 
XVI of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181)) to require the Secretary of Defense 
to provide referrals for legal assistance where appropriate to 
wounded warriors, their families, and primary caregivers.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.
    We note that the intent of this provision is not to create 
a new entitlement for legal assistance, but to provide a 
referral service to connect wounded service members and their 
families with their local judge advocate office or other 
appropriate entity.

Sense of Congress on research on traumatic brain injury (sec. 725)

    The Senate bill contained a provision (sec. 1065) that 
would amend section 1621(c) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181) to 
authorize the Secretary of Defense to conduct pilot programs to 
promote or assess the efficacy of treatment approaches for all 
forms of traumatic brain injury, to include mild traumatic 
brain injury.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment to express the sense of Congress that the requirement 
under section 1621(c)(7) to conduct basic science and 
translational research on traumatic brain injury includes pilot 
programs designed to test the efficacy of clinical approaches, 
including the use of pharmacological agents. The amendment 
would express support for continued joint research with the 
National Institutes of Health in this area.

Extension of Senior Oversight Committee with respect to wounded warrior 
        matters (sec. 726)

    The Senate bill contained a provision (sec. 1067) that 
would require the Secretary of Defense and the Secretary of 
Veterans Affairs to jointly take actions to continue the 
operations of the Senior Oversight Committee established to 
address concerns related to the treatment of wounded, ill, and 
injured members of the armed forces and veterans until 
September 30, 2011.
    The House bill contained no similar provision.
    The agreement contains the Senate provision with an 
amendment to require the Secretary of Defense and the Secretary 
of Veterans Affairs to continue the operations of the Senior 
Oversight Committee until December 31, 2009, and to report by 
August 31, 2009, on the future operations of the Senior 
Oversight Committee.

Modification of utilization of veterans' presumption of sound condition 
        in establishing eligibility of members of the armed forces for 
        retirement for disability (sec. 727)

    The Senate bill contained a provision (sec. 1061) that 
would amend sections 1201 and 1203 of title 10, United States 
Code, to adopt the same presumption of sound condition used by 
the Department of Veterans Affairs in accordance with section 
1111 of title 38, United States Code, that a disability is 
incurred while on active duty if the disability was not noted 
at the time of a member's entrance on active duty 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.
    The House bill contained no similar provision.
    The agreement includes this provision.
    We believe that the Department of Defense and the 
Department of Veterans Affairs must make consistent 
determinations as to whether a disability existed before the 
member's entrance or was aggravated by active military service.

                       Subtitle D--Other Matters


Report on providing the Extended Care Health Option program to 
        dependents of military retirees (sec. 731)

    The House bill contained a provision (sec. 732) that would 
require the Secretary of Defense to submit a report on 
including autistic dependents of military retirees in the 
Extended Care Health Option (ECHO) program.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would expand the scope of the report to cover 
all dependents of retirees who participate in the ECHO program, 
and clarify that the report should discuss including such 
dependents for a limited transitional period following 
retirement.

Increase in cap on extended benefits under Extended Health Care Option 
        (ECHO) (sec. 732)

    The House bill contained a provision (sec. 733) that would 
ensure that autistic children of members of the armed forces 
enrolled in the Extended Health Care Option (ECHO) program 
would be eligible for a minimum of $5,000 per month of autistic 
therapy services.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would replace the monthly cap on services under 
the ECHO program with an annual cap of $36,000.
    We are concerned that the needs of military dependent 
children with autism are not being fully met due to the lack of 
availability of providers nationwide to provide therapeutic and 
other support services to children with autism. We expect the 
demonstration project initiated under TRICARE to go forward, 
incorporating to the maximum extent practicable, improvements 
identified by military family members. The demonstration 
project must complement other essential services to military 
dependent children with autism, including those authorized in 
section 587 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181). Those services include 
assignment of case managers, development of individualized 
services plans, and establishment of autism support centers.
    We direct the Secretary of Defense to report not later than 
90 days after the enactment of this Act, and semi-annually 
thereafter, on the status of implementation of the TRICARE 
demonstration project, including the numbers of autistic 
children served, the type and frequency of services provided, 
the number of available providers by region, and whether 
reimbursement levels are sufficient to retain qualified 
providers in the TRICARE networks.
    Not later than February 1, 2009, the Secretary shall report 
to the congressional defense committees on the feasibility of 
establishing one or more autism support centers, as authorized 
by Public Law 110-181. The report shall describe the 
capabilities of such centers to serve military dependent 
children with autism of all services, the potential efficacy of 
such centers to meet the needs of military families with 
children with a diagnosis of autism, as well as the potential 
for training additional qualified providers of services to 
children with autism. We believe that each center should 
utilize medical, educational, and developmental therapies that 
have been successfully used to treat children with autism.

Department of Defense task force on the prevention of suicides by 
        members of the armed forces (sec. 733)

    The House bill contained a provision (sec. 735) that would 
require the Secretary of Defense to conduct a study to identify 
the mental health risks associated with the performance of 
military duties.
    The Senate bill contained a provision (sec. 581) that would 
require the Secretary of Defense to develop a comprehensive 
policy designed to prevent suicide by members of the armed 
forces.
    The agreement includes the Senate provision with an 
amendment that would require the Secretary of Defense to 
establish a task force to examine matters relating to 
prevention of suicide by members of the armed forces.

Transitional health care for certain members of the armed forces who 
        agree to serve in the Selected Reserve of the Ready Reserve 
        (sec. 734)

    The House bill contained a provision (sec. 737) that would 
provide transitional health care benefits to members who 
separate from active duty and who agree to become a member of 
the Selected Reserve.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would delete the language related to funding, 
which is reflected in the tables.

Enhancement of medical and dental readiness of members of the armed 
        forces (sec. 735)

    The House bill contained a provision (sec. 362) that would 
authorize $22.3 million to be appropriated for first term 
dental readiness, and $8.5 million to be appropriated for 
demobilization dental treatment.
    The Senate bill contained a provision (sec. 711) that would 
require the secretary of each military department to provide to 
members of the Selected Reserve who are assigned to units 
scheduled for deployment within 75 days after mobilization 
annual medical screenings, a full physical examination for 
members who are over the age of 40 every 2 years, and annual 
dental screenings and dental care required to ensure that a 
member meets the dental standards required for deployment, all 
at no cost to the member. The provision would also authorize 
the secretaries concerned to provide the same services to other 
members of the Selected Reserve and to a member of the 
Individual Ready Reserve with a deployment responsibility, if 
those services are necessary to ensure medical and dental 
readiness. In addition, the provision would clarify that 
reserve components may use available operation and maintenance 
funds to achieve these goals.
    The Senate provision would also authorize the Secretary of 
Defense to waive, in whole or in part, during a time of 
national emergency, the requirement for members of the Selected 
Reserve enrolled in the TRICARE dental insurance program to pay 
copayments for restorative care necessary to meet dental 
readiness standards, in order to facilitate readiness of a unit 
or individual scheduled for deployment. Finally, the provision 
would require the Secretary of Defense to submit a report on 
the policies and procedures to ensure medical and dental 
readiness of service members.
    The agreement includes the Senate provision with an 
amendment that would clarify that waivers of charges determined 
necessary by the Secretary to ensure the readiness of a unit or 
individual for deployment should be subject to regulation and 
limited to dental services required for readiness.
    We remind the Department of Defense that readiness includes 
not only pre-deployment medical and dental work necessary to 
make the member deployable, but also post-deployment medical 
and dental care to bring the member back up to readiness 
standards after they return from a long absence, where such 
medical and dental care may not have been available.

                   Legislative Provisions Not Adopted


Prohibition on conversion of military medical and dental positions to 
        civilian medical and dental positions

    The House bill contained a provision (sec. 703) that would 
prohibit the military departments from converting any military 
medical or dental position to a civilian medical or dental 
position on or after October 1, 2008. This provision would also 
require that any military medical or dental position that has 
been converted to a civilian medical or dental position from 
October 1, 2004, through September 30, 2008, be restored to a 
military medical or dental position if the position is not 
filled by a civilian by September 30, 2008.
    The Senate bill contained a provision (sec. 721) that would 
repeal subsection (a) of section 721 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181), 
which prohibits the military departments from converting any 
military medical or dental position through September 30, 2012. 
The provision would also restore subsections (a) and (b) of 
section 742 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364), which requires 
certification by the secretary of a military department that 
any planned conversion will not increase the cost or decrease 
the quality of care or access to military health care, and 
requires a review by the Comptroller General of these 
certifications. The provision would keep the requirement set 
forth in subsection (b) of section 721 of Public Law 110-181 
requiring the military departments to restore any positions 
converted between October 1, 2004, and September 30, 2008, that 
have not yet been filled by a civilian back to military 
positions.
    The agreement does not include these provisions.

Reserve component behavioral health care provider locator and 
        appointment assistance demonstration project

    The House bill contained a provision (sec. 708) that would 
require the Secretary of Defense to conduct a demonstration 
project to assess the feasibility and efficacy of providing a 
behavioral health care provider locator and appointment 
assistance service to members of the reserve components, and to 
submit reports on this demonstration project.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Travel for anesthesia services for childbirth for dependents of members 
        assigned to very remote locations outside the continental 
        United States

    The Senate bill contained a provision (sec. 713) that would 
authorize the Secretary of Defense to pay travel expenses for a 
dependent of a service member assigned to a very remote 
location outside the continental United States who requires or 
elects anesthesia services for childbirth to a location in the 
United States.
    The House bill contained no similar provision.
    The agreement did not include the Senate provision.

National Casualty Care Research Center

    The House bill contained a provision (sec. 723) that would 
require the Secretary of Defense to designate a National 
Casualty Care Research Center at the Army Medical Research and 
Materiel Command, for the purpose of establishing additional 
linkages between military and civilian casualty research.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Review of policies and processes related to the delivery of mail to 
        wounded members of the armed forces

    The House bill contained a provision (sec. 725) that would 
require the Secretary of Defense to review the policies and 
processes related to the delivery of letters, packages, 
messages, and other communications that are intended as 
measures of support and are addressed generally to wounded and 
injured members of the armed forces in military medical 
treatment facilities and other locations where members of the 
armed forces are treated and rehabilitated.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Post-deployment mental health screening demonstration project

    The House bill contained a provision (sec. 726) that would 
require the Secretary of Defense to conduct a demonstration 
project to assess the feasibility and efficacy of providing a 
face to face post-deployment mental health screening between a 
service member and a mental health provider.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

Report on stipend for members of reserve components for health care for 
        certain dependents

    The House bill contained a provision (sec. 731) that would 
require the Secretary of Defense to submit a report on the 
extent to which the Secretary has exercised the authority 
provided in section 704 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181).
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

Report on implementation of recommendations contained in report on 
        health effects of exposure to depleted uranium

    The House bill contained a provision (sec. 734) that would 
direct the Secretary of Defense to submit a report to Congress 
describing the measures underway to implement the report 
required by section 716 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Implementation of recommendations of Department of Defense Mental 
        Health Task Force

    The House bill contained a provision (sec. 736) that would 
require the Comptroller General of the United States to conduct 
a review of the implementation by the Department of Defense of 
the recommendations made by the Department of Defense Task 
Force on Mental Health.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Inclusion of service members in inpatient status in wounded warrior 
        policies and protections

    The Senate bill contained a provision (sec. 1062) that 
would amend section 1602(7) of the Wounded Warrior Act (title 
XVI of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181)) to include inpatient service members 
in the definition of a ``recovering service member'' for 
purposes of policies and protections for wounded warriors.
    The House bill contained no similar provision.
    The agreement does not include this provision.

Clarification of certain information sharing between the Department of 
        Defense and Department of Veterans Affairs for wounded warrior 
        purposes

    The Senate bill contained a provision (sec. 1063) that 
would amend section 1614(b)(11) of the Wounded Warrior Act 
(title XVI of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181)) to require the Secretary of 
Defense and the Secretary of Veterans Affairs to implement a 
process for transferring medical records of a recovering 
service member from the Department of Defense to the Department 
of Veterans Affairs when the transfer is authorized by 
regulations implementing the Health Insurance Portability and 
Accountability Act of 1996.
    The House bill contained no similar provision.
    The agreement does not include the provision.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

             Subtitle A--Acquisition Policy and Management


Assessment of urgent operational needs fulfillment (sec. 801)

    The House bill contained a provision (sec. 802) that would 
require the Secretary of Defense to commission an independent 
study and report on the effectiveness of the processes used by 
the Department of Defense to identify, prioritize, and meet 
urgent operational needs.
    The Senate bill contained a provision (sec. 813) that would 
require the expedited review and validation of urgent 
operational needs documents.
    The agreement includes the House provision with an 
amendment that would require the independent study and report 
to make specific recommendations as to how to ensure the 
expedited review and validation of urgent operational needs 
documents.

Implementation of statutory requirements regarding the national 
        technology and industrial base (sec. 802)

    The House bill contained a provision (sec. 805) that would 
authorize the Secretary of Defense to provide for the 
application of a domestic industrial base evaluation factor 
during source selection for a major defense acquisition 
program.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment requiring the Secretary of Defense to issue guidance 
regarding the implementation of certain existing statutory 
requirements regarding the national technology and industrial 
base. We understand that the Department of Defense currently 
meets the requirement of section 2440, United States Code, by 
conducting industrial capabilities assessments.

Commercial software reuse preference (sec. 803)

    The House bill contained a provision (sec. 806) that would 
require the Secretary of Defense to ensure that contracting 
officials reuse commercial computer software, whenever 
practicable, instead of developing new software.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment requiring the Secretary to ensure that contracting 
officials reuse commercial or off-the-shelf software, whenever 
practicable, instead of developing new software.

Internal controls for procurements on behalf of the Department of 
        Defense by certain non-defense agencies (sec. 804)

    The Senate bill contained a provision (sec. 811) that would 
modify requirements adopted in previous years for the Inspector 
General of the Department of Defense (DOD) to conduct joint 
reviews with the inspectors general of non-defense agencies to 
determine whether procurements conducted by the non-defense 
agencies on behalf of DOD have been conducted in compliance 
with defense procurement requirements.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment streamlining the provision.

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs


Inclusion of major subprograms to major defense acquisition programs 
        under acquisition reporting requirements (sec. 811)

    The Senate bill contained a provision (sec. 801) that would 
address the inclusion of certain information on major 
subprograms in reports issued in accordance with the 
requirements of chapter 144 of title 10, United States Code.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with a 
technical amendment.

Inclusion of certain major information technology investments in 
        acquisition oversight authorities for major automated 
        information system programs (sec. 812)

    The Senate bill contained a provision (sec. 802) that would 
extend reporting requirements for major automated information 
system programs to cover certain other major automated 
information technology investments.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with a 
clarifying amendment.

Transfer of sections of title 10 relating to milestone A and milestone 
        B for clarity (sec. 813)

    The House bill contained a provision (sec. 843) that would 
reverse sections of title 10 relating to milestone A and 
milestone B.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment making technical changes to the requirement for 
milestone A certifications.

Configuration Steering Boards for cost control under major defense 
        acquisition programs (sec. 814)

    The House bill contained a provision (sec. 846) that would 
require the Secretary of Defense to report to Congress on 
certain major defense acquisition programs and to establish 
Configuration Steering Boards (CSBs) for such programs.
    The Senate bill contained a provision (sec. 803) that would 
require the Secretary to establish CSBs for all major defense 
acquisition programs.
    The agreement includes the Senate provision with an 
amendment modifying the membership of CSBs and adding a new 
restriction on certain changes to programs receiving Milestone 
B approval during fiscal year 2008.

Preservation of tooling for major defense acquisition programs (sec. 
        815)

    The House bill contained a provision (sec. 803) that would 
require the preservation of all unique tooling associated with 
the production of hardware for a major defense acquisition 
program.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would streamline the requirement and the waiver 
authority, to clarify that the Secretary of Defense may waive 
the requirement to preserve unique production tooling, or any 
category of unique production tooling, if he determines that 
such a waiver is in the best interest of the Department of 
Defense and so notifies Congress. We note that the Secretary 
may delegate this authority, as he may delegate any authority 
provided to him by statute.

Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations


Definition of system for defense acquisition challenge program (sec. 
        821)

    The House bill contained a provision (sec. 812) that would 
clarify the meaning of the term ``system'' for the purpose of 
the defense acquisition challenge program.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Technical data rights (sec. 822)

    The House bill contained a provision (sec. 814) that would 
require the Secretary of Defense to issue policy guidance on 
technical data rights in non-Federal Acquisition Regulation 
agreements.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment providing the Secretary greater flexibility in the 
drafting of the new guidance.

Revision to the application of cost accounting standards (sec. 823)

    The House bill contained a provision (sec. 815) that would 
make the cost accounting standards apply to certain federal 
contracts performed outside the United States.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment requiring the Cost Accounting Standards Board to 
study the issue and determine whether the application of the 
standards to contracts or subcontracts outside the United 
States would benefit the Federal Government.

Modification and extension of pilot program for transition to follow-on 
        contracts under authority to carry out certain prototype 
        projects (sec. 824)

    The Senate bill contained a provision (sec. 822) that would 
extend for 4 years the authority for the Secretary of Defense 
to carry out a pilot program under section 847 of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
136), and modify such authority.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment extending the authority for 2 years. We direct the 
Secretary of Defense to report to the congressional defense 
committees not later than 270 days after the date of the 
enactment of this Act on the extent to which such authority has 
been used and, if it has not been used, whether modifications 
are needed to achieve the purpose of the provision.

Clarification of status of Government rights in designs of Department 
        of Defense vessels, boats, craft, and components thereof (sec. 
        825)

    The House bill contained a provision (sec. 841) that would 
clarify government rights in the designs of Department of 
Defense vessels, boats, and craft, and components of such 
vessels, boats, and craft.
    The Senate bill contained a similar provision (sec. 1011).
    The agreement includes the Senate provision with an 
amendment to address designs of all Department of Defense 
vessels, boats, craft, and components, regardless whether they 
are developed at public or private expense.

Subtitle D--Provisions Relating to Acquisition Workforce and Inherently 
                         Governmental Functions


Development of guidance on personal services contracts (sec. 831)

    The House bill contained a provision (sec. 822) that would 
require the Secretary of Defense to develop guidance and 
safeguards for the use of personal services contracts by the 
Department of Defense.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment cross-referencing the definition of personal services 
contracts in section 2330(a) of title 10, United States Code.

Sense of Congress on the performance by private security contractors of 
        certain functions in an area of combat operations (sec. 832)

    The House bill contained a provision (sec. 824) that would 
require the Secretary of Defense to modify existing regulations 
to ensure that private security contractors are not authorized 
to perform inherently governmental functions in an area of 
combat operations.
    The Senate bill contained a similar provision (sec. 841) 
that would also specify certain functions that constitute 
inherently governmental functions when performed in highly 
hazardous public areas.
    The agreement includes a provision that expresses the Sense 
of Congress with regard to the performance of certain functions 
by private security contractors in an area of combat 
operations.

Acquisition workforce expedited hiring authority (sec. 833)

    The House bill contained a provision (sec. 811) that would 
authorize the Department of Defense to use direct hiring 
authority for acquisition positions designated by the Secretary 
of Defense as shortage positions.
    The Senate bill contained a similar provision (sec. 851).
    The agreement includes the House provision.

Career path and other requirements for military personnel in the 
        acquisition field (sec. 834)

    The House bill contained a provision (sec. 813) that would 
require the Department of Defense to establish policies and 
issue guidance to ensure the proper development, assignment, 
and employment of military personnel in the acquisition field.
    The Senate bill contained a provision (sec. 502(e)) that 
would establish minimum numbers of billets for general officers 
and flag officers serving in acquisition positions and in 
contracting positions in the military departments.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to ensure 
that a sufficient number of acquisition and contracting billets 
are reserved for general and flag officers with appropriate 
qualifications to ensure the optimum management of the 
acquisition functions of the Department of Defense. Elsewhere 
in the bill, we would increase the authorized number of Army 
general officers serving in acquisition positions by five, and 
authorize the Chairman of the Joint Chiefs of Staff to exclude 
from limitations on flag and general officers an additional 
five positions, one of whom must be assigned to the Defense 
Contract Management Agency.

          Subtitle E--Department of Defense Contractor Matters


Ethics safeguards related to conflicts of interest (sec. 841)

    The House bill contained a provision (sec. 821) that would 
require the Department of Defense to develop a standard policy 
aimed at preventing personal conflicts of interest by employees 
of Department of Defense contractors and implement that policy 
through a standard contract clause.
    The House bill also contained a provision (sec. 4404) that 
would require the Administrator for Federal Procurement Policy 
to establish uniform, government-wide policies for the 
prevention of personal and organizational conflicts of interest 
by contractors and their employees and to implement those 
policies through a standard clause or a set of standard 
clauses.
    The Senate bill contained a similar provision (sec. 832) 
that would require the Department of Defense to develop a 
contract clause addressing financial conflicts of interest of 
certain contractor employees.
    The agreement includes a provision that would combine the 
requirements of the three provisions into a single, government-
wide provision. The provision would require the development of 
a government-wide policy and a standard clause or set of 
clauses regarding personal conflicts of interest by contractor 
employees performing acquisition functions closely associated 
with inherently governmental functions. The provision would 
also require the Administrator for Federal Procurement Policy 
to consider any additional revisions to the Federal Acquisition 
Regulation that may be necessary to address personal or 
organizational conflicts of interest by contractors or their 
employees.
    We note that the Department of Defense Panel on Contracting 
Integrity is also reviewing these issues and expect the Panel 
to continue that review.

Information for Department of Defense contractor employees on their 
        whistleblower rights (sec. 842)

    The Senate bill contained a provision (sec. 833) that would 
require the Secretary of Defense to prescribe in regulations a 
policy for informing Department of Defense (DOD) contractor 
employees of whistleblower rights and protections.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment requiring the Secretary to ensure that DOD contractor 
employees are informed of their whistleblower rights and 
protections.

Requirement for Department of Defense to adopt an acquisition strategy 
        for Defense Base Act insurance (sec. 843)

    The House bill contained a provision (sec. 850) that would 
require the Secretary of Defense to adopt an acquisition 
strategy for insurance required by the Defense Base Act 
(section 1651 of title 42, United States Code) which minimizes 
the cost of such insurance to the Department and its 
contractors.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Report on use of off-shore subsidiaries by defense contractors (sec. 
        844)

    The House bill contained a provision (sec. 852) that would 
prohibit contractors from using foreign shell companies to 
employ United States persons to perform Department of Defense 
contracts.
    The Senate bill contained a provision (sec. 823) that would 
ensure that an offeror for a Department of Defense contract 
cannot receive a competitive advantage by reducing costs 
through the use of overseas subsidiaries to avoid U.S. taxes.
    The agreement includes the House provision with an 
amendment requiring a report by the Comptroller General on the 
use of foreign shell companies by Department of Defense 
contractors. We note that the tax issue has already been 
addressed in section 302 of Public Law 110-245.

Defense industrial security (sec. 845)

    The House bill contained a series of provisions (sec. 831-
833) that would codify certain requirements regarding facility 
clearances; foreign ownership, control and influence; and 
congressional oversight of these requirements.
    The Senate bill contained no similar provision.
    The agreement includes a provision that would make the 
Secretary of Defense responsible for the protection of 
classified information disclosed to contractors of the 
Department of Defense and require certain reports on the manner 
in which the Secretary carries out this responsibility.

          Subtitle F--Matters Relating to Iraq and Afghanistan


Clarification and modification of authorities relating to the 
        Commission on Wartime Contracting in Iraq and Afghanistan (sec. 
        851)

    The Senate bill contained a provision (sec. 843) that would 
ensure that federal retirees serving as members or staff of the 
Commission on Wartime Contracting in Iraq and Afghanistan may 
be paid for their work without forfeiting retired pay.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Comprehensive audit of spare parts purchases and depot overhaul and 
        maintenance of equipment for operations in Iraq and Afghanistan 
        (sec. 852)

    The Senate bill contained a provision (sec. 844) that would 
require the audit agencies of the military departments to 
conduct thorough audits of spare parts purchases and depot 
overhaul and maintenance of equipment for operations in Iraq 
and Afghanistan.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would clarify that this provision may not be 
construed to require the duplication of audit work that has 
already been performed by Department of Defense audit agencies.

Additional matters required to be reported by contractors performing 
        security functions in areas of combat operations (sec. 853)

    The House bill contained a provision (sec. 847) that would 
amend section 862 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) to expand the categories 
of incidents that must be reported by private security 
contractors operating in areas of combat operations.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment reemphasizing the requirement for contractors of all 
federal agencies, pursuant to section 862 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181), to comply with regulations prescribed by the Secretary of 
Defense, other applicable laws and regulations, and orders and 
directives issued by commanders on the battlefield.

Additional contractor requirements and responsibilities relating to 
        alleged crimes by or against contractor personnel in Iraq and 
        Afghanistan (sec. 854)

    The House bill contained a provision (sec. 849) that would 
require the Secretary of Defense to require the reporting of 
crimes against contractor personnel in Iraq and Afghanistan and 
to ensure that the victims of such crimes receive appropriate 
assistance.
    The Senate bill contained a similar provision (sec. 842). 
The Senate provision would amend section 861 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) to ensure that reporting and victim assistance 
requirements would apply to contractors of all federal 
agencies.
    The agreement includes the Senate provision with an 
amendment combining the reporting and assistance requirements 
of the two provisions.

Suspension of statutes of limitations when Congress authorizes the use 
        of military force (sec. 855)

    The Senate bill contained a provision (sec. 1083) that 
would amend the wartime suspension of the statute of 
limitations in section 3287 of title 18, United States Code, to 
apply in cases where Congress has enacted a specific 
authorization for the use of the armed forces.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

          Subtitle G--Governmentwide Acquisition Improvements


Short title (sec. 861)

    The House bill contained a provision (sec. 4001) that would 
provide a short title for Division D of the House bill.
    The Senate bill contained no similar provision.
    The agreement includes a provision that would provide a 
short title for the government-wide acquisition subtitle of 
Title VIII.

Limitation on length of certain noncompetitive contracts (sec. 862)

    The House bill contained a provision (sec. 4102) that would 
limit the length of contracts entered on a noncompetitive basis 
because of urgent and compelling circumstances.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would limit such contracts to a period of no 
longer than one year and apply the limitation to contracts in 
excess of the simplified acquisition threshold.

Requirements for purchase of property and services pursuant to multiple 
        award contracts (sec. 863)

    The House bill contained a provision (sec. 4103) that 
would: (1) extend on a government-wide basis certain 
requirements already applicable to the Department of Defense 
for purchases under multiple award contracts; and (2) establish 
public notice requirements for sole source purchase under such 
contracts.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a technical 
amendment.

Regulations on the use of cost-reimbursement contracts (sec. 864)

    The House bill contained a provision (sec. 4201) that would 
require the issuance of government-wide regulations to minimize 
the inappropriate use of cost-reimbursement contracts.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would streamline reporting requirements and 
simplify the provision.

Preventing the abuse of interagency contracts (sec. 865)

    The House bill contained a provision (sec. 4202) that would 
require the Office of Management and Budget to establish 
guidelines for the use of interagency acquisitions.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Limitations on tiering of subcontractors (sec. 866)

    The House bill contained a provision (sec. 4204) that would 
extend on a government-wide basis certain regulatory 
requirements already applicable to the Department of Defense 
with respect to excessive pass-through charges on contracts.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Linking of award and incentive fees to acquisition outcomes (sec. 867)

    The House bill contained a provision (sec. 4205) that would 
extend on a government-wide basis certain requirements already 
applicable to the Department of Defense regarding the linking 
of award and incentive fees to acquisition outcomes.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment clarifying that the Department of Defense will 
continue to be subject to guidance on award and incentive fees 
issued pursuant to section 814 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364).

Minimizing abuse of commercial services item authority (sec. 868)

    The House bill contained a provision (sec. 4206) that would 
extend on a government-wide basis certain regulatory 
requirements already applicable to the Department of Defense 
with respect to: (1) the purchase of commercial services; and 
(2) the use of time and materials contracts.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment deleting the requirement with respect to time and 
materials contracts.

Acquisition workforce development strategic plan (sec. 869)

    The House bill contained a provision (sec. 4301) that would 
establish an acquisition workforce development fund for 
civilian agencies, similar to the fund already in place for the 
Department of Defense.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment requiring the Administrator for Federal Procurement 
Policy to develop a strategic plan for funding improvements to 
support the development of the civilian acquisition workforce.

Contingency contracting corps (sec. 870)

    The House bill contained a provision (sec. 4302) that would 
establish a government-wide contingency contracting corps.
    The Senate bill contained a provision (sec. 812) that would 
establish a contingency contracting corps within the Department 
of Defense (DOD).
    The agreement includes the House provision with an 
amendment that would ensure that members of the Armed Forces or 
DOD civilian employees who are members of the government-wide 
contingency contracting corps may not be deployed without the 
concurrence of the Secretary of Defense or the Secretary's 
designee. The provision would also preserve the independent 
authority of the Secretary of Defense to deploy members of the 
Armed Forces or DOD civilian employees, including members of 
the government-wide contingency contracting corps, in support 
of a contingency operation, as defined in section 101(o)(13) of 
title 10, United States Code.

Access of Government Accountability Office to contractor employees 
        (sec. 871)

    The House bill contained a provision (sec. 4403) that would 
ensure that the Government Accountability Office has access to 
contractor employees for the purpose of conducting interviews.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Database for federal agency contract and grant officers and suspension 
        and debarment officials (sec. 872)

    The House bill contained a series of provisions (sec. 4502-
4504) that would require the establishment of a government-wide 
database of information regarding integrity and performance of 
persons awarded federal contracts and grants.
    The Senate bill contained a provision (sec. 831), which 
would require the establishment of a database of information 
regarding the integrity and performance of persons awarded 
Department of Defense contracts.
    The agreement includes the Senate provision with an 
amendment that would require the establishment of a government-
wide database and making certain clarifying changes.

Role of interagency committee on debarment and suspension (sec. 873)

    The House bill contained a provision (sec. 4505) that would 
establish requirements for the Interagency Committee on 
Debarment and Suspension.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Improvements to the Federal Procurement Data System (sec. 874)

    The House bill contained a provision (sec. 4509) that would 
require the Director of the Office of Management and Budget to 
direct appropriate revisions to the Federal Procurement Data 
System to facilitate the collection of complete, timely, and 
reliable data on interagency contracting actions and on other 
transactions.
    The House bill also contained a provision (sec. 4508) that 
would require the Administrator of General Services to make 
recommendations to Congress on steps needed to create a 
centralized, comprehensive federal contracting and federal 
grant database.
    The Senate bill contained no similar provisions.
    The agreement includes the House provisions with an 
amendment that would combine them into a single section.

                       Subtitle H--Other Matters


Expansion of authority to retain fees from licensing of intellectual 
        property (sec. 881)

    The House bill contained a provision (sec. 842) that would 
clarify the authority for the Department of Defense and the 
Department of Homeland Security to retain fees from licensing 
of intellectual property.
    The Senate bill contained a similar provision (sec. 852) 
applicable only to the Department of Defense.
    The agreement includes the House provision.

Report on market research (sec. 882)

    The House bill contained a provision (sec. 845) that would 
require the Secretary of Defense to submit a report to Congress 
on market research conducted by the Department of Defense (DOD) 
to identify commercial or nondevelopmental items that could 
meet DOD needs.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment streamlining the reporting requirement.

Report relating to munitions (sec. 883)

    The House bill contained a provision (sec. 848) that would 
require the Secretary of Defense to report to the congressional 
defense committees justifying any decision to procure certain 
categories of ammunition from non-domestic sources and 
providing a plan to develop a domestic producer as the source 
for such ammunition by 2012.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment deleting the requirement that the report include a 
plan to develop a domestic producer for the covered categories 
of ammunition.

Motor carrier fuel surcharges (sec. 884)

    The House bill contained a provision (sec. 851) that would 
require that motor carriers: (1) pass on the amount of all fuel 
surcharges to the person who bears the cost of such fuel; and 
(2) make the amount of any fuel-related adjustment publicly 
available on the internet.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require that: (1) the Secretary of Defense 
take appropriate steps to ensure that, to the maximum extent 
practicable, fuel-related adjustments are passed through to the 
person who bears the cost of the fuel; (2) the steps taken by 
the Secretary include the use of contract clauses in contracts 
providing for fuel-related adjustments; and (3) the Secretary 
publicly disclose any decision by the Department of Defense to 
pay fuel-related adjustments under such contracts (or a 
category of such contracts).

Procurement by State and local governments of equipment for homeland 
        security and emergency response activities through the 
        Department of Defense (sec. 885)

    The Senate bill contained a provision (sec. 1031) that 
would amend section 381 of title 10, United States Code, to 
authorize the State and local governments to purchase 
specialized homeland security and emergency response equipment 
through the Department of Defense.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Review of impact of covered subsidies on acquisition of KC-45 aircraft 
        (sec. 886)

    The House bill contained a provision (sec. 801) that would 
require the Secretary of the Air Force to review a ruling by 
the World Trade Organization (WTO) regarding subsidies to a 
manufacturer of large commercial aircraft, including a notice 
and comment process, and take certain actions on the basis of 
such review.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to review 
the subsidies issue upon a ruling by the WTO, in consultation 
with certain other officials and experts without notice and 
public comment or the requirement to take any action on the 
basis of the review.

Report on the implementation of earned value management at the 
        Department of Defense (sec. 887)

    The House bill contained a provision (sec. 844) that would 
require the Secretary of Defense to study and report to 
Congress on the implementation of earned value management 
systems by the Department of Defense and its contractors.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment extending the deadline for the completion of the 
study and report.

                   Legislative Provisions Not Adopted


Authorization of appropriations

    The House bill contained a provision (sec. 4507) that would 
authorize funds for the Administrator of General Services to 
establish a database of information regarding integrity and 
performance of federal contractors.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Authorization of independent agencies

    The House bill contained a provision (sec. 4506) that would 
address the participation of independent agencies in the 
suspension and debarment system.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Comprehensive proposal analysis required during source selection

    The House bill contained a provision (sec. 807) that would 
require the Secretary of Defense to provide for the 
consideration of costs borne by a foreign government in the 
evaluation of a proposal for a major defense acquisition 
program, a significant portion of which will be performed 
outside the United States.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Disclosure of CEO salaries

    The House bill contained a provision (sec. 4501) that would 
require certain contractors to disclose the names and total 
compensation of their five most highly compensated officers.
    The Senate bill contained no similar provision.
    The agreement does not include the provision. This issue 
has already been addressed in section 6202 of the Fiscal Year 
2008 Supplemental Appropriations Act (Public Law 110-252).

Limitation on performance of product support integrator functions

    The House bill contained a provision (sec. 823) that would 
prohibit contractors from performing product support integrator 
functions.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Mandatory fraud reporting

    The House bill contained a provision (sec. 4402) that would 
require contractors to report violations of Federal criminal 
law or overpayments in connection with the award of performance 
of contracts.
    The Senate bill contained no similar provision.
    The agreement does not include the provision. This issue 
has already been addressed in section 6102 of the Fiscal Year 
2008 Supplemental Appropriations Act (Public Law 110-252).

Minimizing sole-source contracts

    The House bill contained a provision (sec. 4101) that would 
require federal agencies to develop and implement plans to 
minimize, to the maximum extent practicable, the use of 
contracts entered into using procedures other than competitive 
procedures.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Multiyear procurement authority for the Department of Defense for the 
        purchase of alternative and synthetic fuels

    The Senate bill contained a provision (sec. 821) that would 
authorize the Secretary of Defense to enter multiyear contracts 
for the purchase of alternative and synthetic fuels.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Prohibition on procurement from beneficiaries of foreign subsidies

    The House bill contained a provision (sec. 804) that would 
prohibit the Secretary of Defense for entering a contract for 
the procurement of goods or services from any foreign person 
whom the United States has alleged, in proceedings under the 
Agreement on Subsidies and Countervailing Measures, to have 
received a prohibited subsidy.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Prohibitions on the use of lead systems integrators

    The House bill contained a provision (sec. 4203) that would 
prohibit the award of new contracts for lead systems integrator 
functions in the acquisition of major systems.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Protection of contractor employees from reprisal for disclosure of 
        certain information

    The House bill contained a provision (sec. 4401) that would 
provide enhanced protections for contractor employees of non-
defense agencies who blow the whistle on waste, fraud and abuse 
in government contracting.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Repeal of requirements relating to the military system essential item 
        breakout list

    The Senate bill contained a provision (sec. 853) that would 
repeal section 813 of the National Defense Authorization Act 
for Fiscal Year 2004 (Public Law 108-136).
    The House bill contained no similar provision.
    The agreement does not include the provision.

Requirement to buy military decorations, ribbons, badges, medals, 
        insignia, and other uniform accoutrements produced in the 
        United States

    The House bill contained a provision (sec. 655) that would 
require military exchange stores and other nonappropriated fund 
entities of the Department of Defense (DOD) to purchase 
military decorations, ribbons, badges, medals, insignia, and 
other uniform accoutrements produced in the United States, 
subject to certain exceptions.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    We understand that contracts entered by DOD nonappropriated 
fund entities for the purchase of military decorations, awards 
and insignia include clauses requiring that such decorations, 
awards and insignia be manufactured, assembled and produced in 
the United States unless there are no U.S. manufacturing 
sources available. We believe that the Secretary of Defense 
should take steps, including periodic audits, to ensure 
contractor compliance with the terms and conditions of these 
contracts, including terms and conditions relating to product 
quality, conformance with technical specifications, and point 
of origin.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management


Plan required for personnel management of special operation forces 
        (sec. 901)

    The House bill contained a provision (sec. 903) that would 
require the commander of the special operations command to 
submit a plan to the congressional defense committees on the 
personnel management of special operations forces.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment clarifying that the Commander of the United States 
Special Operations Command shall submit the required report to 
the Secretary of Defense, who shall provide that report to the 
congressional defense committees together with any additional 
comments the Secretary of Defense and the Chairman of the Joint 
Chiefs of Staff consider appropriate.

Director of Operational Energy Plans and Programs (sec. 902)

    The House bill contained a provision (sec. 904) that would 
establish a Director for Operational Energy Plans and Programs 
within the Office of the Secretary of Defense and senior 
operational energy officials within each of the military 
services.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Corrosion control and prevention executives for the military 
        departments (sec. 903)

    The House bill contained a provision (sec. 905) that would 
require the Assistant Secretary of each military department 
with responsibility for acquisition, technology, and logistics 
to designate an employee of the military department to act as 
the senior official to coordinate department-level Corrosion 
Prevention and Control Program activities.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would make the annual report provided by the 
corrosion control and prevention executives of the military 
departments due to the Secretary of Defense by December 31 each 
year. We understand that the first report submitted by the 
corrosion control and prevention executives would be December 
2009.

Participation of Deputy Chief Management Officer of the Department of 
        Defense on Defense Business System Management Committee (sec. 
        904)

    The House bill contained a provision (sec. 906) that would 
clarify the role of the Deputy Chief Management Officer of the 
Department of Defense.
    The Senate bill contained a similar provision (sec. 902).
    The agreement includes the Senate provision with a 
clarifying amendment.

Modification of status of Assistant to the Secretary of Defense for 
        Nuclear and Chemical and Biological Defense Programs (sec. 905)

    The Senate bill contained a provision (sec. 901) that would 
amend section 142 of title 10, United States Code, to clarify 
that the Assistant to the Secretary of Defense for Nuclear and 
Chemical and Biological Defense is equivalent to an assistant 
secretary of defense.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Requirement for the Secretary of Defense to prepare a strategic plan to 
        enhance the role of the National Guard and Reserves (sec. 906)

    The House bill contained a provision (sec. 907) that would 
require the Secretary of Defense to develop a plan for 
enhancing the roles of the National Guard and reserves, and 
submit a report on that plan to the Committees on Armed 
Services of the Senate and the House of Representatives by 
April 1, 2009.
    The Senate bill contained a similar provision (sec. 1053).
    The agreement includes the House provision with a 
clarifying amendment.

General Counsel to the Inspector General of the Department of Defense 
        (sec. 907)

    The Senate bill contained a provision (sec. 904) that would 
provide for a General Counsel to the Inspector General of the 
Department of Defense who would report only to the Inspector 
General.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Business transformation initiatives for the military departments (sec. 
        908)

    The Senate bill contained a provision (sec. 906) that would 
require the Secretary of each military department, acting 
through the Chief Management Officer of such department, to 
carry out a business transformation initiative. The provision 
would also require each military department to establish an 
Office of Business Transformation to assist the Chief 
Management Officer in carrying out the initiative.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment extending the timelines for the initiative and 
clarifying the responsibilities of the new Office of Business 
Transformation.

                      Subtitle B--Space Activities


Extension of authority for pilot program for provision of space 
        surveillance network services to entities outside United States 
        Government (sec. 911)

    The House bill contained a provision (sec. 911) that would 
extend the authority to continue the pilot program to provide 
network surveillance assistance to entities outside the U.S. 
Government.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Investment and acquisition strategy for commercial satellite 
        capabilities (sec. 912)

    The House bill contained a provision (sec. 912) that would 
require the Secretary of Defense to conduct an assessment to 
determine a recommended investment and acquisition strategy for 
a broad range of commercial satellite capabilities. The report 
on the strategy would be due February 2009.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would modify the due date of the report to 
February 1, 2010. The assessment would address fiscal years 
after 2010.

Space posture review (sec. 913)

    The Senate bill contained a provision (sec. 911) that would 
direct the Secretary of Defense, in conjunction with the 
Director of National Intelligence, to conduct a comprehensive 
review of the space posture of the United States. The review 
would cover a 10 year period beginning February 1, 2009. The 
Secretary would be required to submit the report no later than 
December 1, 2009.
    The House bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would add industrial base policy to the list of 
policies for which the provision requires an assessment of 
interrelationships.

             Subtitle C--Chemical Demilitarization Program


Responsibilities for Chemical Demilitarization Citizens' Advisory 
        Commissions in Colorado and Kentucky (sec. 921)

    The House bill contained a provision (sec. 921) that would 
require the Secretary of the Army to transfer responsibility 
for the Chemical Demilitarization Citizens' Advisory 
Commissions in Colorado and Kentucky to the Program Manager for 
Assembled Chemical Weapons Alternatives.
    The Senate bill contained a similar provision (sec. 1431).
    The agreement includes the Senate provision with a 
clarifying amendment.

Cost-benefit analysis of future treatment of hydrolysate at Pueblo 
        Chemical Depot, Colorado (sec. 922)

    The House bill contained a provision (sec. 922) that would 
prohibit the Department of Defense from transporting 
hydrolysate from the Pueblo Chemical Depot, Colorado, to an 
off-site location for treatment, storage, or disposal during 
fiscal year 2009, and would require a report containing a cost-
benefit analysis between on-site and off-site methods of 
disposing of such hydrolysate.
    The Senate bill contained no similar provision.
    The agreement includes a provision that would require the 
Secretary of Defense to conduct a cost-benefit analysis of 
future options for treatment and disposal of hydrolysate at the 
Pueblo Chemical Depot, Colorado, and to submit a report to 
Congress, together with the budget request for fiscal year 
2010, containing the results of that analysis. The provision 
would also require the Secretary to provide notification to 
Congress 60 days prior to commencing any transport of 
hydrolysate from the Pueblo Chemical Depot to an off-site 
location during fiscal year 2009, if he decides to conduct such 
transport after the report is submitted.

                Subtitle D--Intelligence-Related Matters

    Technical changes following the re-designation of National 
Imagery and Mapping Agency as National Geospatial-Intelligence 
Agency (sec. 931)
    The House bill contained a provision (sec. 931) that would 
make certain technical changes in the United States Code and 
other laws to reflect the changing of the name of the National 
Imagery and Mapping Agency to the National Geospatial-
Intelligence Agency.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Technical amendments to title 10, United States Code, arising from 
        enactment of the Intelligence Reform and Terrorism Prevention 
        Act of 2004 (sec. 932)

    The House bill contained a provision (sec. 932) that would 
make certain technical changes in title 10, United States Code, 
to reflect enactment of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458).
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Technical amendments relating to the Associate Director of the CIA for 
        Military Affairs (sec. 933)

    The House bill contained a provision (sec. 933) that would 
change section 528(c) in title 10, United States Code, to 
reflect changing of the title of the position within the 
Central Intelligence Agency (CIA) from the Associate Director 
of the CIA for Military Support, to the Associate Director of 
the CIA for Military Affairs.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                       Subtitle E--Other Matters


Enhancement of authorities relating to Department of Defense regional 
        centers for security studies (sec. 941)

    The House bill contained a provision (sec. 942) that would 
amend section 184(f) of title 10, United States Code, to allow 
funds authorized under that section to be available for 
programs that begin in that fiscal year but end in the 
following one, starting with fiscal year 2009. The provision 
would also establish a pilot program providing temporary 
authority for the Secretary of Defense, with the concurrence of 
the Secretary of State, to waive reimbursement of certain costs 
of activities of Regional Centers in connection with the 
participation of personnel of nongovernmental or international 
organizations in those activities. The provision would also 
require the Secretary of Defense to report on the extent of 
nongovernmental and international organization participation in 
regional center programs.
    The Senate bill contained a similar provision (sec. 1212).
    The agreement includes the Senate provision.

Restriction on obligation of funds for United States Southern Command 
        development assistance activities (sec. 942)

    The House bill contained a provision (sec. 944) that would 
require that the Secretary of Defense, within 30 days after the 
date of enactment of this Act, to submit to the congressional 
defense committees a report describing the development 
assistance activities carried out by the United States Southern 
Command (SOUTHCOM) and containing a certification that such 
activities: will not negatively impact the readiness of 
SOUTHCOM; do not divert resources from funded or unfunded 
requirements of SOUTHCOM; are not already, or will not be, 
undertaken by other federal departments or agencies; and are 
designed, planned, and conducted as derivative activities of 
SOUTHCOM's warfighting responsibilities under title 10 of the 
United States Code.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would increase the time permitted for the 
Secretary of Defense to deliver the required report to the 
Congressional defense committees to 120 days.

Authorization of non-conventional assisted recovery capabilities (sec. 
        943)

    The House bill contained a provision (sec. 945) that would 
codify authority for Joint Forces Command to act as the 
Executive Agent for the non-conventional assisted recovery 
(NAR) capabilities and authorize the Department to develop a 
personnel recovery program for isolated personnel representing 
all parts of the U.S. Government.
    The Senate bill contained a similar provision (sec. 1207) 
that would authorize the commander of a combatant command, with 
the concurrence of the relevant chief of mission, to expend 
funds in fiscal years 2009 and 2010 to establish, develop, and 
maintain NAR capabilities in a foreign country if the commander 
determines that expenditure of such funds for that purpose is 
necessary.
    The agreement includes a provision that would authorize the 
commander of a combatant command, with the concurrence of the 
relevant chiefs of mission, to expend funds in fiscal years 
2009 through 2011 to establish, develop, and maintain NAR 
capabilities and would require a notification to the 
congressional defense committees of the use of this authority 
within 72 hours of a combatant commander exercising this 
authority.

Report on homeland defense and civil support issues (sec. 944)

    The House bill contained a provision (sec. 946) that would 
require the Secretary of Defense to submit a report on progress 
made to address concerns raised by the Government 
Accountability Office (GAO) related to U.S. Northern Command, 
and would require Northern Command to perform a number of 
functions related to State and federal domestic response 
planning, capabilities, and coordination.
    The Senate bill contained a related provision (sec. 905) 
that would express the sense of the Congress concerning the 
importance of establishing and assigning to U.S. Northern 
Command forces for the mission of managing the consequences of 
an incident in the United States homeland involving a chemical, 
biological, radiological, or nuclear device, or high-yield 
explosives (CBRNE). The provision would also require reports on 
progress toward achieving that goal, including progress in 
addressing concerns raised by GAO related to U.S. Northern 
Command.
    The agreement includes a provision that would require the 
Secretary of Defense to submit a report to the congressional 
defense committees on progress made to address the concerns 
raised by GAO related to U.S. Northern Command, including 
improved coordination with other agencies, and on plans and 
progress to establish CBRNE consequence management response 
forces.

Report on National Guard resource requirements (sec. 945)

    The House bill contained a provision (sec. 947) that would 
require the Chief of the National Guard Bureau to submit to the 
Secretary of Defense, not later than 6 months after the date of 
enactment of this Act, a report on the effectiveness of the 
implementation of the various provisions in title XVIII of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181) and assessing the adequacy of Department of 
Defense funding for the resource requirements of the National 
Guard. The Secretary of Defense would be required to submit the 
report, with any explanatory comments the Secretary considers 
necessary, to Congress not later than 30 days after the 
Secretary receives the report.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Chief of the National Guard 
Bureau to submit to the Secretary of Defense a report on the 
extent to which the various provisions in title XVIII of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181) have been effective in giving the Chief of the 
National Guard Bureau the proper set of authorities and 
resources to perform the responsibilities and duties of the 
Chief.

                   Legislative Provisions Not Adopted


Revisions in functions and activities of Special Operations Command

    The House bill contained a provision (sec. 901) that would 
revise the statutory authority governing special operations 
activities.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Requirement to designate officials for irregular warfare

    The House bill contained a provision (sec. 902) that would 
require the Secretary of Defense to designate an Assistant 
Secretary of Defense to be responsible for overall management 
and coordination of irregular warfare activities. The provision 
would also require the establishment of a single executive 
agent for such activities.
    The Senate bill contained no similar provision.
    The agreement does not contain this provision.
    We note that the Secretary of Defense has authorized a 
review of the management and execution of both current and 
future irregular warfare activities throughout the Department 
of Defense. We understand that the Secretary will soon approve 
a Department Directive pertaining to irregular warfare 
activities. We applaud the review effort, await the completion 
of the approval process, and direct the Secretary to provide 
the results of that review to the congressional defense 
committees no later than 30 days after approval.

Redesignation of the Department of the Navy as the Department of the 
        Navy and Marine Corps

    The House bill contained a provision (sec. 908) that would 
redesignate the Department of the Navy as the Department of the 
Navy and Marine Corps and would redesignate the position of the 
Secretary of the Navy as the Secretary of the Navy and Marine 
Corps.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Support to committee to review

    The House bill contained a provision (sec. 909) that would 
require the Secretary of Defense to provide certain information 
to the House Committee on Armed Services within 15 days after 
receiving a request.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Requirement for certain officers of the armed forces on active duty in 
        certain intelligence positions

    The Senate bill contained a provision (sec. 921) that would 
require that the principal deputy to the senior service 
intelligence officer be a commissioned officer of the armed 
forces on active duty.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Transfer of management of Intelligence Systems Support Office

    The Senate bill contained a provision (sec. 922) that would 
transfer management of the Intelligence Systems Support Office 
and other projects and activities currently conducted by the 
Office of the Under Secretary of Defense for Intelligence to 
other components of the Department of Defense.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Program on advanced sensor applications

    The Senate amendment contained a provision (sec. 923) that 
would transfer management oversight of the Advanced Sensor 
Applications Program (ASAP) to the Under Secretary of Defense 
for Acquisition, Technology and Logistics and mandate other 
aspects of the management of the program.
    The House bill contained no similar provision.
    The Senate recedes.
    The Deputy Secretary of Defense sent a letter to the 
congressional defense and intelligence committees, dated July 
22, 2008, outlining certain changes in the Department's 
position on the ASAP effort. The conferees agree that the 
revised funding and management approach described in the Deputy 
Secretary's letter should help ensure that the Department 
abides by congressional intent without the need for immediate 
legislative intervention.
    The conferees agree to authorize $20.0 million for the ASAP 
program for fiscal year 2009.
    Additional direction on the ASAP program is contained in 
the classified annex to this report.

Findings and sense of Congress regarding the Western Hemisphere 
        Institute for Security Cooperation

    The House bill contained a provision (sec. 943) that would 
express the sense of congress that the Western Hemisphere 
Institute for Security Cooperation is one of the most effective 
mechanisms that the United States has to build relationships 
with future leaders throughout the Western Hemisphere, 
influence the human rights records and democracy trajectory of 
countries in the Western Hemisphere, and mitigate the growing 
influence of non-hemispheric powers.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

                      TITLE X--GENERAL PROVISIONS


                     Subtitle A--Financial Matters


General Transfer authority (sec. 1001)

    The House bill contained a provision (sec. 1001) that would 
allow the Secretary of Defense to make transfers between any 
amounts of authorizations for fiscal year 2009 in division A of 
this Act. This section would limit the total amount transferred 
under this authority to $4.0 billion. This section would also 
require prompt notification to Congress of each transfer made.
    The Senate bill contained a similar provision (sec. 1001) 
that would provide $5.0 billion in transfer authority.
    The agreement provides for transfer authority of $4.2 
billion.

One-time shift of military retirement payments (sec. 1002)

    The House bill contained a provision (sec. 1004) that would 
shift a portion of the military retirement payments disbursed 
in September 2013 to October 2013. The provision would also 
require the Secretary of Defense to transfer $40.0 million from 
the National Defense Stockpile Transaction Fund.
    The Senate bill contained no similar provision.
    The agreement contains this provision.

Management of purchase cards (sec. 1003)

    The House bill contained a provision (sec. 1005) that would 
require new safeguards and internal controls for the use of 
purchase cards by the Department of Defense.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to report 
to Congress on the steps that the Department of Defense has 
taken or plans to take to implement the recommendations of a 
Government Accountability Office report on actions needed to 
strengthen internal controls for the use of purchase cards (GAO 
report 08-333).

Codification of recurring authority on United States contributions to 
        the North Atlantic Treaty Organization common-funded budgets 
        (sec. 1004)

    The Senate bill contained a provision (sec. 1003) that 
would authorize the U.S. contribution to the North Atlantic 
Treaty Organization (NATO) common-funded budgets for fiscal 
year 2008, including the use of unexpended balances.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that provides permanent authority for amounts 
contributed by the Secretary of Defense in any fiscal year for 
the NATO common-funded budgets to exceed the maximum amount 
that would otherwise be applicable under the fiscal year 1998 
baseline limitation set out in the Senate resolution of 
ratification of the Protocols to the North Atlantic Treaty of 
1949 on the Accession of Poland, Hungary, and the Czech 
Republic. The amendment also requires the Secretary of Defense 
to report annually to Congress regarding U.S. contributions to 
the NATO common-funded budgets.

Incorporation of funding decisions into law (sec. 1005)

    The House bill contained a provision (sec. 1431) that would 
state that Executive Order No. 13457 shall not apply to this 
Act.
    The Senate bill contained a provision (sec. 1002) that 
would incorporate the funding tables into the Act.
    The agreement includes the Senate provision with a 
clarifying amendment that would incorporate the authorized 
amounts in funding tables into the Act. For the purposes of 
this provision, a funding table means a list of specific 
programs, projects and activities, and the dollar amounts and 
adjustments to budget activities corresponding to such 
programs, projects, and activities, but does not include a 
table included in the joint explanatory statement in compliance 
with Rule XLIV of the Standing Rules of the Senate or Rule XXI 
of the Rules of the House of Representatives.
    The Government Printing Office (GPO) has informed us that 
incorporating the funding tables into bill language would add 3 
full days to the time required to prepare a bill for floor 
consideration, even if the GPO does not have other high 
priority work to accomplish at the time. This delay is in 
addition to the day and a half it would require for the 
committee staff to prepare the funding tables in a form that 
could be processed by GPO, and to ensure the accuracy of GPO's 
work. With only 3 days left for the House and the Senate to 
consider the bill before the scheduled end of this year's 
session of Congress, we have determined that incorporating the 
funding tables into bill language was not an option that was 
available to us.

          Subtitle B--Policy Relating to Vessels and Shipyards


Conveyance, Navy drydock, Aransas Pass, Texas (sec. 1011)

    The House bill contained a provision (sec. 1011) that would 
authorize the Secretary of the Navy to convey the floating 
drydock AFDL-23, located at Aransas Pass, Texas, to Gulf Copper 
Ship Repair, the company currently leasing the drydock from the 
Navy. The Secretary would be allowed to place such terms and 
conditions on the transfer as he feels appropriate, and the 
company would be required to compensate the Federal Government 
for the fair market value of the drydock, as determined by the 
Secretary.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Report on repair of naval vessels in foreign shipyards (sec. 1012)

    The House bill contained a provision (sec. 1012) that would 
amend section 7310 of title 10, United States Code, to require 
the Secretary of the Navy to submit a report at least 30 days 
before conducting repair work on any vessel in a shipyard 
outside the United States or Guam.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary to provide a report, 
with the submission of the President's budget, regarding any 
ship repair work conducted on any vessel in a shipyard outside 
the United States or Guam during the previous year.

Report on plan for disposal of certain vessels stricken from the Naval 
        Vessel Register (sec. 1013)

    The House bill contained a provision (sec. 1015) that would 
require the Secretary of the Navy to submit a report within 30 
days to the congressional defense committees on the 
contribution of scrapping vessels larger than 50,000 tons 
displacement to the domestic market for steel and other metals.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would allow the Secretary 180 days to complete 
the report.

Reimbursement of expenses for certain Navy mess operations (sec. 1014)

    The Senate bill contained a provision (sec. 1012) that 
would authorize the Secretary of Defense to fund from agency 
operating accounts the cost of meals on United States naval and 
naval auxiliary vessels for non-military personnel. For the 
purposes of this provision, this includes nongovernmental 
organization and host and partner nation participants in civil-
military operations and foreign national patients treated 
during the conduct of civil-military operations, as well as 
their escorts.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would place an annual limit of $1.0 million on 
such costs and would require an annual report on the 
Department's use of this authority.

Policy relating to major combatant vessels of the strike forces of the 
        United States Navy (sec. 1015)

    The House bill contained a provision (sec. 1013) that would 
amend the section 1012(c)(1) of the National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-181) to 
add all amphibious ships larger than 15,000 dead weight ton 
light ship displacement to the definition of major surface 
combatants in that section. Section 1012 stated that it is the 
policy of the United States to construct major surface 
combatants of the strike forces of the United States with 
integrated nuclear power systems.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                  Subtitle C--Counter-Drug Activities


Extension of reporting requirement regarding Department of Defense 
        expenditures to support foreign counter-drug activities (sec. 
        1021)

    The House bill contained a provision (sec. 1021) that would 
extend, by 1 year, the requirement for the Secretary of Defense 
to submit a report detailing the expenditure of funds by the 
Department during fiscal year 2008 in direct and indirect 
support of the counterdrug activities of foreign governments.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a technical 
amendment.

Extension of authority for joint task forces to provide support to law 
        enforcement agencies conducting counter-terrorism activities 
        (sec. 1022)

    The House bill contained a provision (sec. 1022) that would 
extend the authority provided in section 1022(b) of the 
National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108-136), which expires at the end of fiscal year 2008, 
through fiscal year 2009. The current authority provides that a 
joint task force of the Department of Defense, which is 
providing support to law enforcement agencies conducting 
counterdrug activities, may also provide, subject to all 
applicable laws and regulations, these law enforcement agencies 
with support for their counterterrorism activities.
    The Senate bill contained a nearly identical provision 
(sec. 1021).
    The agreement includes the provision.
    The agreement directs the Deputy Assistant Secretary of 
Defense for Counternarcotics, Counterproliferation and Global 
Threats to provide an annual briefing about the use of this 
authority to the congressional defense committees.

Extension of authority to support unified counter-drug and 
        counterterrorism campaign in Colombia and continuation of 
        numerical limitation on assignment of United States personnel 
        (sec. 1023)

    The House bill contained a provision (sec. 1023) that would 
extend the authority provided in section 1021 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 
(Public Law 108-375) to use counterdrug funds to support the 
Government of Colombia's unified campaign against narcotics 
cultivation and trafficking, and against terrorist 
organizations involved in such drug trafficking activities 
through fiscal year 2009.
    The Senate bill contained a nearly identical provision 
(sec. 1022).
    The agreement includes the provision.

Expansion and extension of authority to provide additional support for 
        counter-drug activities of certain foreign governments (sec. 
        1024)

    The House bill contained a provision (sec. 1024) that would 
extend by 1 fiscal year the duration of authority for 
assistance under section 1033 of the National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 1998 (Public Law 
105-85), as amended by section 1021 of the NDAA for FY 2004 
(Public Law 108-136), section 1022 of the John Warner NDAA for 
FY 2007 (Public Law 109-364), and section 1022 of the NDAA for 
FY 2008 (Public Law 110-181); would expand the list of 
countries that could qualify for assistance under section 1033 
to include three West African countries; and would increase the 
funding limitation under section 1033 from $60.0 million to 
$65.0 million for fiscal year 2009.
    The Senate bill contained no similar provision.
    The agreement includes a provision that would extend by one 
fiscal year the duration of this authority; would expand the 
list of countries that could qualify for assistance under 
section 1033 to include: El Salvador, Guinea-Bissau, Honduras, 
and Senegal; and would increase the funding limitation under 
section 1033 from $60.0 million to $75.0 million for fiscal 
year 2009.

Comprehensive Department of Defense strategy for counter-narcotics 
        efforts for United States Africa Command (sec. 1025)

    The House bill contained a provision (sec. 1025) that would 
require the Secretary of Defense, in consultation with the 
Secretary of State, to prepare a counterdrug plan for all 
eligible governments under section 1033 of the National Defense 
Authorization Act for fiscal year 1998 (Public Law 105-85) for 
fiscal year 2009 and updates thereafter, as well as a region-
wide, counterdrug plan for Africa, with a special emphasis on 
West Africa and the Maghreb.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would expand the scope of this reporting 
requirement to include the remainder of the African continent.

Comprehensive Department of Defense strategy for counter-narcotics 
        efforts in South and Central Asian regions (sec. 1026)

    The House bill contained a provision (sec. 1026) that would 
require the Secretary of Defense to submit a report to the 
congressional defense committees that outlines the Department's 
role, missions, objectives, and budget in support of the 
overall U.S. Government counternarcotics strategy and 
activities in the south and central Asian regions and other 
geographically proximate countries.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment which would provide the Department with additional 
time to complete the report, as well as a technical change.

         Subtitle D--Miscellaneous Authorities and Limitations


Enhancement of the capacity of the United States Government to conduct 
        complex operations (sec. 1031)

    The Senate bill contained a provision (sec. 1032) that 
would authorize the Secretary of Defense to establish a Center 
for Complex Operations. The center would facilitate the 
activities of a consortium composed of education and training 
institutions from across the U.S. Government in order to 
increase unity of effort in complex operations.
    The House bill contained no similar provision.
    The agreement contains the Senate provision with an 
amendment clarifying that the Secretary of Defense will seek 
the concurrence of the Secretary of State to the extent that 
the activities of the Center involve foreign government or 
militaries, international organizations or international 
nongovernmental organizations.

Crediting of admiralty claim receipts for damage to property funded 
        from a Department of Defense working capital fund (sec. 1032)

    The Senate bill contained a provision (sec. 1033) that 
would provide that payments received by the United States in 
settlement of an admiralty claim for damage or loss to property 
that is operated and maintained using monies from a Department 
of Defense working capital fund account would be credited to 
the working capital fund which was used to operate and maintain 
the damaged or lost property.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Minimum annual purchase requirement for charter air transportation 
        services from carriers participating in the Civil Reserve Air 
        Fleet (sec. 1033)

    The Senate bill contained a provision (sec. 1034) that 
would authorize the Secretary of Defense to guarantee higher 
minimum levels of business than are currently authorized by law 
to United States air carriers participating in the Civil 
Reserve Air Fleet (CRAF).
    The House bill contained no similar provision.
    The agreement includes the Senate provision, amended to 
provide authority to the Secretary to guarantee minimum levels 
of business to CRAF participants operating passenger travel 
contracts only.

Semi-annual reports on status of Navy Next Generation Enterprise 
        Networks(NGEN) program (sec. 1034)

    The Senate bill contained a provision (sec. 1035) that 
would modify the termination date of the base contract for the 
Navy-Marine Corps Intranet (NMCI) program.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment establish a semi-annual reporting requirement on the 
Navy's transition between the NMCI and NGEN programs.
    The NGEN program represents one of the largest, farthest 
reaching, and complex acquisition programs and technology 
deployments for the Navy and Marine Corps in the next decade. 
We note with concern the lack of planning and oversight that 
the Department of Defense has dedicated to the requirements 
generation, acquisition strategy development, outreach to 
industry, contracting mechanisms, realistic testing, and 
transition planning for the NGEN program. The lack of 
transparency and dialogue with industry about the acquisition 
strategy for NGEN and the planned transition of assets and 
intellectual property currently associated with the NMCI 
program is a continuing concern.
    The Secretary of Defense is directed to keep the 
congressional defense committees well informed about the 
development of acquisition and transition strategies for NGEN. 
It is expected that the semi-annual reporting requirement in 
this provision will provide an efficient mechanism to support 
that dialogue.

Sense of Congress on nuclear weapons management (sec. 1035)

    The Senate bill contained a provision (sec. 1038) that 
would find that the unauthorized transfer of nuclear weapons 
from Minot Air Force Base, North Dakota, to Barksdale Air Force 
Base, Louisiana, in August 2007; the unauthorized transfer of 
classified intercontinental ballistic missile parts, discovered 
in March 2008; and a lack of training and staffing for nuclear 
matters, demonstrate a lack of attention by the Department of 
Defense (DOD) to nuclear issues in general. In addition, the 
provision would set forth the sense of Congress that safety and 
security of nuclear weapons and related equipment should be a 
high priority for the United States; that the President should 
take steps to nominate an individual to fill the position of 
the Assistant to the Secretary of Defense for Nuclear and 
Chemical and Biological Defense Programs; and that the 
Secretary of Defense should establish a senior position in the 
DOD Office of Policy at an assistant secretarial or deputy 
under secretarial level with responsibility for nuclear policy 
issues.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would add an additional finding to the 
provision. The amendment would set forth the sense of the 
Congress that maintaining the safety and security of nuclear 
weapons would be more easily achieved if greater attention were 
paid to the nuclear matters in the Offices of the Secretary of 
Defense, the Under Secretary of Defense for Policy and the 
Under Secretary of Defense for Acquisition, Technology, and 
Logistics. The amendment would also set forth the sense of the 
Congress that the Secretary of Defense should clarify lines of 
responsibility and accountability for nuclear weapons matters.

Sense of Congress on joint Department of Defense-Federal Aviation 
        Administration executive committee on conflict and dispute 
        resolution (sec. 1036)

    The Senate bill contained a provision (sec. 1039) that 
would express the sense of the Congress that the Secretary of 
Defense should seek an agreement with the Administrator of the 
Federal Aviation Administration to establish a Joint Executive 
Committee to serve as the focal point for dispute resolution 
and policy development, and as a mechanism for identifying 
solutions to a range of mutual issues.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Sense of Congress on sale of new outsize cargo, strategic airlift 
        aircraft for civilian use (sec. 1037)

    The Senate bill contained a provision (sec. 1040) that 
would encourage the Secretary of Defense, in consultation with 
the Secretary of Transportation, to: (1) review the benefits 
and feasibility of pursuing new production of a commercial C-17 
variant to determine whether such capability would be in the 
national interest; and (2) if he determines it to be in the 
national interest, take appropriate action with the Federal 
Aviation Administration to achieve type certification of such 
aircraft.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with a 
clarifying amendment.

                    Subtitle E--Studies and Reports


Report on corrosion control and prevention (sec. 1041)

    The House bill contained a provision (sec. 1041) that would 
require the Department of Defense, through the Office of 
Corrosion Policy and Oversight, to provide a report to the 
Senate Committee on Armed Services and the House Committee on 
Armed Services by February 1, 2009, regarding the potential for 
improvements in corrosion control and prevention in weapons 
systems by planning for corrosion control and prevention 
earlier in the system requirements and acquisition processes.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would change the due date of the report to not 
later than 120 days after the date of enactment of the Act.

Study on using Modular Airborne Fire Fighting Systems (MAFFS) in a 
        Federal response to wildfires (sec. 1042)

    The House bill contained a provision (sec. 1042) that would 
require the Secretary of Defense to carry out a study on how to 
utilize the Department's Modular Airborne Fire Fighting Systems 
(MAFFFS) in all contingencies where there is a Federal response 
to wildfires, and how to decrease costs of using MAFFS when 
supporting National Interagency Fire Center fire fighting 
operations. The provision would require that the Secretary 
submit that report to the congressional defense committees 
within six months of the date of enactment of this Act.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Study on rotorcraft survivability (sec. 1043)

    The House bill contained a provision (sec. 1043) that would 
require the Secretary of Defense and the Chairman of the Joint 
Chiefs of Staff to conduct a study on rotorcraft survivability.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Report on nuclear weapons (sec. 1044)

    The House bill contained a provision (sec. 1045) that would 
require the Secretary of Defense, in consultation with the 
Secretary of State, the Secretary of Energy, and the Director 
of National Intelligence, to conduct a review of nonstrategic 
nuclear weapons world wide, and submit a report to Congress 
setting forth the results of the review. The report would be 
due 180 days after the date of enactment of this Act.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would modify the scope of the review. The review 
would cover nuclear weapons world wide and include a 
description of each country's nuclear weapons arsenal and an 
assessment of the various risks associated with nuclear weapons 
deemed to be attractive to terrorists, states, and other non-
state actors. For those weapons that are deemed to be 
attractive to terrorists and state and non-state actors, the 
review would also include recommendations on mechanisms and 
procedures to improve the security of such weapons, monitor and 
track such weapons, and identify options to transparently and 
verifiably dismantle and dispose of such weapons. The President 
shall submit a report that would be due 1 year after the date 
of enactment of this Act. The report shall be unclassified but 
may have a classified annex.

Report on compliance by Department of Defense with Guam tax and 
        licensing laws (sec. 1045)

    The House bill contained a provision (sec. 1047) that would 
require the Secretary of Defense to report to Congress on steps 
the Department is taking to ensure that defense contractors 
performing work on Guam comply with local tax and licensing 
requirements.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment simplifying the reporting requirement.

Report on detention operations in Iraq (sec. 1046)

    The Senate bill contained a provision (sec. 1052) that 
would require the Secretary of Defense to submit a detailed 
report to the congressional defense committees on detention 
operations at theater internment facilities and reintegration 
centers in Iraq. The Senate provision would require that the 
report contain information on changes in detention policies and 
procedures intended to incorporate counterinsurgency doctrine, 
and a description of policies and programs to prepare detainees 
for reintegration upon their release.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment clarifying the elements to be included as part of the 
report. We note that the description of how counterinsurgency 
doctrine has been incorporated at theater internment facilities 
in Iraq should include the changes, if any, to procedures for 
reviewing the detention status of individuals under detention 
at such facilities.

Review of bandwidth capacity requirements of the Department of Defense 
        and the intelligence community (sec. 1047)

    The Senate bill contained a provision (sec. 1055) that 
would direct the Secretary of Defense and the Director of 
National Intelligence to conduct a joint review of the current 
and future bandwidth capacity requirements of the Department of 
Defense and the intelligence community over the next 10 years. 
The review would also include a discussion of any mitigation 
concepts, including operational or technical options that might 
be used to address bandwidth capacity shortfalls. Not later 
than 1 year after the date of enactment of this Act, the 
Secretary and the Director would be required to submit a report 
setting forth the results of the review to the congressional 
defense committees and the intelligence committees of the 
Senate and the House of Representatives. The Secretary and the 
Director should include and fully address in the review all 
means by which bandwidth is provided, including ground, aerial, 
and satellite options.
    The provision would also direct the Secretary and the 
Director to establish a formal process, for each major defense 
acquisition or major system acquisition program, to ensure 
during the Milestone B or key decision point B phase of the 
acquisition process, that the bandwidth requirements of each 
such system can be met.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would expand the assessment of bandwidth 
capacities and capabilities to include airborne relays and 
expand the elements of the assessment to include technologies 
that could increase data transport.

Review of findings and recommendations applicable to the Department of 
        Defense regarding electromagnetic pulse attack (sec. 1048)

    The House bill contained a provision (sec. 1033) that would 
extend the duration of the Commission to Assess the Threat to 
the United States from Electromagnetic Pulse Attack (EMP 
Commission) by 4 years to 2012, expand its scope and 
membership, and authorize additional funds.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would direct the Secretary of Defense to submit 
a report in each odd numbered year until 2015 that sets forth 
the results of a review of the findings and recommendations of 
the EMP Commission that are applicable to the Department of 
Defense (DOD).
    We note that an electromagnetic attack on the United States 
could have a devastating impact on the ability of the DOD and 
the military services to carry out their missions. The EMP 
Commission, over the course of 7 years has made extensive 
findings and recommendations for the Department of Defense and 
other Executive Branch agencies.

                       Subtitle F--Other Matters


Additional information under annual submissions of information 
        regarding information technology capital assets (sec. 1051)

    The House bill contained a provision (sec. 1061) that would 
clarify reporting requirements relating to budget submissions 
for information technology capital assets.
    The Senate amendment contained a similar provision (sec. 
331).
    The agreement includes a provision that clarifies and 
reduces the burden on the Department of Defense in terms of 
reporting on budget requests related to information technology 
capital assets. The Department should continue to work to 
ensure that public information on the information technology 
budget is informative and provides visibility into the use of 
public funds for these important activities.

Submission to Congress of revision to regulation on enemy prisoners of 
        war, retained personnel, civilian internees, and other 
        detainees (sec. 1052)

    The House bill contained a provision (sec. 1064) that would 
prohibit implementation of any successor regulation to Army 
Regulation 190-8, Enemy Prisoners of War, Retained Personnel, 
Civilian Internees, and Other Detainees (dated October 1, 1997) 
until 60 days after the Secretary of Defense submits that 
successor regulation to the Committees on Armed Services of the 
Senate and the House of Representatives.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Barnegat Inlet to Little Egg Inlet, New Jersey (sec. 1053)

    The House bill contained a provision (sec. 1067) that would 
authorize the Secretary of the Army to pay the full cost of 
removing munitions from the beach at Barnegat Inlet to Little 
Egg Inlet, New Jersey.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would modify the language regarding 
reimbursement for any non-federal expenses incurred.

Standing advisory panel on improving coordination among the Department 
        of Defense, the Department of State, and the United States 
        Agency for International Development on matters of national 
        security (sec. 1054)

    The House bill contained a provision (sec. 1071) that would 
require the Secretary of Defense, the Secretary of State, and 
the Administrator of the U.S. Agency for International 
Development (USAID) to jointly establish an advisory panel to 
review the roles and responsibilities of the Department of 
Defense, the Department of State, and the USAID on matters of 
national security and make recommendations to improve 
collaboration and coordination.
    The Senate bill contained no similar provision.
    The agreement contains the House provision with an 
amendment allowing the Secretary of Defense, the Secretary of 
State, and the Administrator of the USAID to jointly establish 
an advisory panel to advise on ways to improve coordination 
among the Department of Defense, the Department of State, and 
USAID on matters relating to national security, including 
reviewing their respective roles and responsibilities.

Reports on strategic communication and public diplomacy activities of 
        the Federal Government (sec. 1055)

    The House bill contained a provision (sec. 1074) that would 
require the President to submit to Congress a report on a 
comprehensive interagency strategy for public diplomacy and 
strategic communication efforts for the Federal Government.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment. We note that numerous studies from 
independent commissions, the Government Accountability Office, 
and the Defense Science Board have indicated a lack of clearly 
articulated strategic goals for the Federal Government's 
efforts at strategic communication and public diplomacy. Taken 
as a whole, these studies point to deficiencies in the U.S. 
approach to this mission that have not been adequately 
addressed by previous strategies, or by any other official 
government initiative. For example, these studies indicate that 
the Federal Government's approach to strategic communication 
and public diplomacy has not been effective enough at garnering 
greater participation from the private sector, academic 
institutions or other non-governmental organizations. We 
commend the establishment of the Global Strategic Engagement 
Center at the Department of State, but note that its role 
within a whole-of-government approach to strategic 
communication and public diplomacy still needs to be further 
clarified.

Prohibitions relating to propaganda (sec. 1056)

    The House bill contained a provision (sec. 1075) that would 
prohibit the use of Department of Defense funds for propaganda 
purposes not specifically authorized by law.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment. We intend the term ``publicity or 
propaganda'', as used in the provision, to have the meaning 
given to such term in decisions of the Government 
Accountability Office on this subject.

Sense of Congress on interrogation of detainees by contractor personnel 
        (sec. 1057)

    The House bill contained a provision (sec. 1077) that would 
require the Secretary of Defense to revise applicable 
regulations, not later than one year after the date of the 
enactment of this Act, to prohibit the use of contractor 
personnel to interrogate detainees.
    The Senate bill contained a similar provision (sec. 1036).
    The agreement includes the Senate provision with an 
amendment expressing the Sense of Congress that the 
interrogation of detainees is an inherently governmental 
function and that within one year after the date of the 
enactment of this Act, the Department of Defense should develop 
the resources needed to ensure that all such interrogations can 
be conducted by government personnel rather than contractor 
employees.

Sense of Congress with respect to videotaping or otherwise 
        electronically recording strategic intelligence interrogations 
        of persons in the custody of or under the effective control of 
        the Department of Defense (sec. 1058)

    The House bill contained a provision (sec. 1078) that would 
require the Secretary of Defense to ensure that all strategic 
intelligence interrogations of individuals in Department of 
Defense (DOD) custody or under detention in a DOD facility are 
videotaped or otherwise electronically recorded.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would express the Sense of Congress that the 
Secretary of Defense should take the necessary actions to 
ensure that all strategic interrogations of individuals in DOD 
custody or under detention in a DOD facility are videotaped or 
otherwise electronically recorded.

Modification of deadlines for standards required for entry to military 
        installations in the United States (sec. 1059)

    The Senate bill contained a provision (sec. 1082) that 
would amend section 1069 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181) to extend 
deadlines for the establishment and implementation of standards 
for entry to military installations in the United States.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment modifying the deadlines.

Extension of certain dates for Congressional Commission on the 
        Strategic Posture of the United States (sec. 1060)

    The House bill contained a provision (sec. 1032) that would 
extend the due date for the final report of the Congressional 
Commission on the Strategic Posture of the United States from 
December 1, 2008 to March 1, 2009, and the sunset date for the 
Commission from June 1, 2009, to September 30, 2009. The 
provision would also direct the Commission to submit an interim 
report no later than December 1, 2009.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would extend the due date of the final report to 
April 1, 2009.
    The Commission should be prepared to brief Congress on the 
results of the interim report when it becomes available.

Technical and clarifying amendments (sec. 1061)

    The House bill contained a provision (sec. 1063) that would 
make technical and clarifying amendments.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment adding additional technical and clarifying language.

Notification of Committees on Armed Services with respect to certain 
        nonproliferation and proliferation activities (sec. 1062)

    The Senate bill contained a provision (sec. 1037) that 
would direct the Departments of Defense, Energy, State, and 
Commerce, and the Nuclear Regulatory Commission to keep the 
Committees on Armed Services of the Senate and the House of 
Representatives fully and currently informed with respect to 
their activities to prevent the proliferation of weapons of 
mass destruction and the Director of National Intelligence to 
keep the committees currently informed with respect to the 
current activities of foreign nations that are of significance 
from the proliferation standpoint.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Assessment of security measures at consolidated center for North 
        American Aerospace Defense Command and United States Northern 
        Command (sec. 1073)

    The House bill contained a provision (sec. 1062) that would 
prohibit the Secretary of Defense from relocating any mission 
from Cheyenne Mountain Air Force Station until 30 days after 
the Secretary submits a report to the congressional defense 
committees with information concerning any such relocation.
    The Senate bill contained no similar provision.
    The agreement includes a provision that would require the 
Secretary of Defense to conduct an assessment of the adequacy 
of security measures for the consolidated command center for 
North American Aerospace Defense Command (NORAD) and United 
States Northern Command (USNORTHCOM), and to report on the 
results of the assessment by no later than March 1, 2009. The 
provision would also require the Secretary to ensure that 
redundant facilities and equipment, along with appropriate 
manning, are maintained at Cheyenne Mountain Air Force Station 
until the Secretary of Defense certifies that measures have 
been instituted that bring the consolidated NORAD/USNORTHCOM 
command center into full compliance with Protection Level One 
requirements.

                   Legislative Provisions Not Adopted


Strategic Communication Management Board

    The House bill contained a provision (sec. 1031) that would 
require the Secretary of Defense to establish a Strategic 
Communication Management Board to provide interdepartmental and 
interagency coordination for Department of Defense strategic 
communication efforts.
    The Senate bill contained no similar provision.
    The agreement does not contain the provision.

Studies to analyze alternative models for acquisition and funding of 
        interconnected cyberspace systems

    The House bill contained a provision (sec. 1044) that would 
require the Secretary of Defense to contract for an independent 
assessment on a variety of issues related to the development, 
acquisition, and operational use of technologies supporting 
network centric operations.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    This provision contains aspects worthy of future 
consideration by the Department of Defense, as well as 
Congress, as they relate to acquisition of information 
technology systems. For example, the development of a taxonomy 
for understanding the key components of systems supporting 
network centric operations is long overdue. The National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) contained a provision (sec. 887) that required the Defense 
Science Board (DSB) to conduct a study of policies and 
procedures for the acquisition of information technology. This 
DSB study will address the majority of issues raised by the 
House provision, and thus it would be premature to commission 
another study until those results have been reported back to 
Congress.

Study on national defense implications of section 1083

    The House bill contained a provision (sec. 1046) that would 
require the Department of Defense to study the national defense 
implications of section 1083 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181).
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Study on methods to verifiably reduce the likelihood of accidental 
        nuclear launch

    The House bill contained a provision (sec. 1048) that would 
direct the Secretary of Defense to carry out a study to 
evaluate procedural and physical options to introduce time 
delays into the nuclear weapons launch procedures of the United 
States, Russia, and China.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Sense of Congress honoring the Honorable Duncan Hunter

    The House bill contained a provision (sec. 1051) that would 
express the sense of Congress honoring the Honorable Duncan 
Hunter.
    The Senate bill contained no similar provision.
    The agreement does not include the provision. The material 
from the provision is incorporated into section 1, the short 
title of the bill.

Sense of Congress in honor of the Honorable Jim Saxton, a Member of the 
        House of Representatives

    The House bill contained a provision (sec. 1052) that would 
express the sense of Congress honoring the Honorable Jim 
Saxton.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Sense of Congress honoring the Honorable Terry Everett, a Member of the 
        House of Representatives

    The House bill contained a provision (sec. 1053) that would 
express the sense of Congress honoring the Honorable Terry 
Everett.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Sense of Congress honoring the Honorable Jo Ann Davis, a Member of the 
        House of Representatives

    The House bill contained a provision (sec. 1054) that would 
express the sense of Congress honoring the Honorable Jo Ann 
Davis.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Authorization of appropriations for payments to Portuguese nationals 
        employed by the Department of Defense

    The House bill contained a provision (sec. 1065) that would 
authorize payments for salary increases based on wage survey 
data for fiscal years 2006 and 2007 to Portuguese nationals 
employed by the Department of Defense.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

State defense force improvement

    The House bill contained a provision (sec. 1066) that would 
amend section 109 of title 32, United States Code, to recognize 
state defense forces as an integral military component of the 
United States, and would authorize the Secretary of Defense to 
coordinate, assist, train, and transfer excess equipment to a 
state defense force provided the Secretary determines certain 
conditions are met.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Sense of Congress regarding the roles and missions of the Department of 
        Defense and other national security institutions

    The House bill contained a provision (sec. 1068) that would 
express the sense of Congress regarding coordination between 
the Department of Defense and other national security 
organizations.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Sense of Congress relating to 2008 supplemental appropriations

    The House bill contained a provision (sec. 1069) that would 
state the sense of Congress regarding readiness shortfalls.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

Sense of Congress regarding defense requirements of the United States

    The House bill contained a provision (sec. 1070) that would 
state the sense of Congress regarding the funding of national 
defense requirements.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

Nonapplicability of the Federal Advisory Committee Act to the 
        Congressional Commission on the Strategic Posture of the United 
        States

    The House bill contained a provision (sec. 1072) that would 
exempt the Congressional Commission on the Strategic Posture of 
the United States from the applicability of the Federal 
Advisory Committee Act (Public Law 92-463) or 5 U.S.C. App.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

Study and report on the use of power management software

    The House bill contained a provision (sec. 1073) that would 
require a report on the use of power management software.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    The strides that the Department of Defense has made in 
improving energy efficiency across the entire organization are 
encouraging. The Department is working to increase the fuel 
efficiency and alternative fuel options of its vast fleet of 
vehicles, but also developing options for improving the energy 
efficiency of its extensive information technology (IT) 
enterprise. IT systems, including all of the desktop computing, 
servers, routers, and associated equipment consume significant 
quantities of energy, and any gains of efficiency will likely 
translate to significant cost savings. The adoption of 
innovative business practices will also help contribute to the 
reduction of the energy consumption for these resources. The 
Department should continue to undertake further measures to 
reduce energy consumption in its information technology 
enterprise, and keep industry and academia aware of 
opportunities for them to support efforts in this area.

Public disclosure of names of students and instructors at Western 
        Hemisphere Institute for Security Cooperation

    The House bill contained a provision (sec. 1079) that would 
require the Secretary of Defense to release to the public, upon 
request, the names, ranks, countries of origin, and other 
information of students and instructors of the Western 
Hemisphere Institute for Security Cooperation.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Authority to waive annual limitation on premium pay and aggregate 
        limitation on pay for federal civilian employees working 
        overseas (sec. 1101)

    The House bill contained a provision (sec. 1101) that would 
extend for an additional year the authority of a head of a 
federal agency to waive the limitations on the amount of 
premium pay that may be given to a civilian employee who 
performs certain work in an overseas location that falls under 
the responsibility of the United States Central Command, or in 
support of a military operation or responding to an emergency 
declared by the President. The total compensation would be 
limited to $212,100 for the calendar year.
    The Senate bill contained a provision (sec. 1108) that 
would authorize the head of an executive agency to waive 
limitations on the aggregate of basic and premium pay, and on 
allowances, differentials, bonuses, awards, and similar cash 
payments payable during calendar year 2009 to an employee who 
performs work in an overseas location under the area of 
responsibility of the Commander, United States Central Command, 
in support of a contingency operation or an operation in 
response to a declared emergency. The total amount payable may 
not exceed the total annual compensation payable to the Vice 
President under section 104 of title 3, United States Code.
    The agreement includes the Senate provision with an 
amendment that would account for the possibility of certain 
employees no longer working under the area of responsibility of 
the United States Central Command due to the changes that would 
accompany the stand up of the United States Africa Command. The 
amendment would also address the manner in which premium pay 
caps and aggregate compensation limits are handled.

Temporary discretionary authority to grant allowances, benefits, and 
        gratuities to personnel on official duty in a combat zone (sec. 
        1102)

    The House bill contained a provision (sec. 1107) that would 
provide temporary discretionary authority to federal agencies 
to grant allowances, benefits, and gratuities comparable to 
those provided to members of the foreign service to an agency's 
civilian employees on official duty in a combat zone. This 
authority would expire in 2011.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Election of insurance coverage by federal civilian employees deployed 
        in support of a contingency operation (sec. 1103)

    The Senate bill contained a provision (sec. 1105) that 
would authorize federal civilian employees deployed in support 
of a contingency operation and Department of Defense employees 
designated as emergency essential to elect to receive automatic 
life insurance coverage upon notification of deployment or 
designation. The provision would also authorize such civilian 
employees to elect optional life insurance or additional 
optional life insurance within 60 days after the employee's 
date of notification of deployment or designation.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Extension of authority to make lump-sum severance payments (sec. 1104)

    The House bill contained a provision (sec. 1102) that would 
extend until the end of fiscal year 2014 the authority of the 
Secretary of Defense or the secretaries of the military 
departments to pay an employee the total amount of severance 
pay in one lump sum.
    The Senate bill contained a similar provision (sec. 1107).
    The agreement includes the House provision.

Extension of voluntary reduction-in-force authority of Department of 
        Defense (sec. 1105)

    The House bill contained a provision (sec. 1103) that would 
extend, from 2010 to 2014, existing authorities under section 
3502(f)(5) of title 5, United States Code, to allow an employee 
who is not affected by a reduction in force (RIF) to volunteer 
to be separated to protect another employee from being 
involuntarily separated by RIF procedures.
    The Senate bill contained a provision (sec. 1106) that 
would make permanent the authority under section 3502(f) of 
title 5, United States Code.
    The agreement includes the House provision.

Enhancement of authorities relating to additional positions under the 
        National Security Personnel System (sec. 1106)

    The Senate bill contained a provision (sec. 1103) that 
would clarify the authority of the Department of Defense (DOD) 
to utilize streamlined hiring practices under the National 
Security Personnel System (NSPS).
    The House bill contained no similar provision.
    The agreement includes the Senate provision with a 
clarifying amendment.
    The National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181) substantially revised the Department's 
authority under the NSPS legislation, with the objective of 
restoring the collective bargaining rights of DOD employees. 
Unfortunately, proposed regulations, issued May 22, 2008, to 
implement that legislation would restrict such rights by 
unilaterally removing negotiable issues from the scope of 
collective bargaining. In particular, the law provided that 
while unions would not be able to negotiate over the ``rate of 
pay,'' they would be permitted to bargain over ``procedures and 
appropriate arrangements,'' as defined in chapter 71 of title 
5, United States Code, regarding pay. However, the proposed 
regulations define ``rate of pay'' so broadly that it would be 
impossible to negotiate over any procedures or appropriate 
arrangements. We intend to carefully scrutinize the final 
regulation when published. Should it fail to comport with the 
intent of Congress to restore the collective bargaining rights 
of DOD employees, we shall revisit the issue in the National 
Defense Authorization Act for Fiscal Year 2010.

Expedited hiring authority for health care professionals (sec. 1107)

    The House bill contained a provision (sec. 1105) that would 
amend section 1599c of title 10, United States Code, to 
authorize the Secretary of Defense to designate any category of 
medical or health care professional position within the 
Department of Defense as a shortage category position, and 
would authorize the Secretary to recruit and appoint highly 
qualified individuals directly to those designated positions. 
This bill would also extend health care hiring authorities 
under this section until September 30, 2012.
    The Senate bill contained a similar provision (sec. 1104).
    The agreement includes the House provision.

Direct hire authority at personnel demonstration laboratories for 
        certain candidates (sec. 1108)

    The House bill contained a provision (sec. 1109) that would 
authorize the Secretary of Defense to make a limited number of 
appointments to positions at specified defense laboratories 
using expedited hiring procedures.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that clarifies that the authority is intended for the 
purposes of hiring a limited number of qualified candidates 
with advanced degrees into scientific and engineering positions 
in specified defense laboratories. There are clear difficulties 
facing defense laboratories in recruiting and retaining a 
highly qualified, technical workforce to support their 
designated national security missions. It is expected that this 
authority, if aggressively implemented, will assist in 
addressing these challenges.

Status reports relating to laboratory personnel demonstration projects 
        (sec. 1109)

    The House bill contained a provision (sec. 1110) that would 
require status reports on the utilization of personnel 
authorities granted to the Department of Defense related to the 
laboratory personnel demonstration program.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that clarifies that the report should include 
information on any defense laboratories that are seeking to be 
newly designated as a demonstration laboratory and the status 
of those applications. The amendment also clarifies that the 
designation of a ``demonstration laboratory'' is distinct from 
the designation of a ``science and technology reinvention 
laboratory.''

Technical amendment relating to definition of professional accounting 
        position for purposes of certification and credentialing 
        standards (sec. 1110 )

    The House bill contained a provision (sec. 1104) that would 
amend section 1599d(e) of title 10, United States Code, to 
update the definition of a ``professional accounting 
position.''
    The Senate bill contained a similar provision (sec. 1109).
    The agreement includes the Senate provision.

Exceptions and adjustments to limitations on personnel and reports on 
        such exceptions and adjustments (sec. 1111)

    The House bill contained a provision (sec. 1106) that would 
authorize the Secretary of Defense to adjust statutory ceilings 
on management headquarters personnel.
    The Senate bill contained a provision (sec. 903) that would 
repeal the ceilings.
    The agreement includes the House provision with an 
amendment that would establish certain exceptions to the 
ceilings and authorize the Secretary of Defense to adjust the 
ceilings.

                   Legislative Provisions Not Adopted


Department of Defense strategic human capital plans

    The Senate bill contained a provision (sec. 1101) that 
would codify the requirement for the Secretary of Defense to 
submit an annual strategic human capital plan and consolidate 
the requirements of section 1122 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
section 1102 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364), and section 851 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181).
    The House bill contained no similar provision.
    The agreement does not include the provision.

Conditional increase in authorized number of Defense Intelligence 
        Senior Executive Service personnel

    The Senate bill contained a provision (sec. 1102) that 
would increase the authorized number of Defense Intelligence 
Senior Executive Service personnel, provided that certain 
conditions are met.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Requirement relating to furloughs during the time of a contingency 
        operation

    The House bill contained a provision (sec. 1108) that would 
require the Secretary of Defense to certify that he has no 
other legal measures available to avoid issuing furlough 
notices to civilian employees of the Department of Defense on 
the basis of a lack of funds during contingency operations.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.
    We expect that execution of a furlough of civilian 
employees during a contingency operation will be a measure of 
last resort only, after all other alternative actions are taken 
or considered, in order to avoid disruption of civilian 
workforce operations.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training


Extension of authority to build the capacity of the Pakistan Frontier 
        Corps (sec. 1201)

    The House bill contained a provision (sec. 1201) that would 
extend through fiscal year 2010 the authority under section 
1206 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181) for the Secretary of Defense, with 
the concurrence of the Secretary of State, to provide up to 
$75.0 million in assistance to enhance the ability of the 
Pakistan Frontier Corps to conduct counterterrorism operations 
along the border between Pakistan and Afghanistan.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment to extend this authority through fiscal year 2009 and 
limit the authorized funding level for such assistance to $25.0 
million. We note that the Department of State intends to seek 
Foreign Military Financing funding for the Pakistan Frontier 
Corps program in fiscal year 2009 and encourage the transition 
of funding for this program from the Department of Defense to 
the Department of State.

Availability across fiscal years of funds for military-to-military 
        contacts and comparable activities (sec. 1202)

    The House bill contained a provision (sec. 1202) that would 
amend section 168(e) of title 10, United States Code, to allow 
funds authorized under that section in a fiscal year to be used 
for programs that begin in that fiscal year but end in the 
following one, starting with fiscal year 2009.
    The Senate bill contained a similar provision (sec. 1211).
    The agreement includes the Senate provision.

Availability across fiscal years of funds to pay incremental expenses 
        for participation of developing countries in combined exercises 
        (sec. 1203)

    The House bill contained a provision (sec. 1203) that would 
amend section 2010 of title 10, United States Code, to allow 
funds authorized under that section in any fiscal year to be 
available for programs that begin in that fiscal year but end 
in the following one, beginning in fiscal year 2009.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a technical 
amendment.

Extension of temporary authority to use acquisition and cross-servicing 
        agreements to lend military equipment for personnel protection 
        and survivability (sec. 1204)

    The House bill contained a provision (sec. 1204) that would 
extend the authority granted by section 1202 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364), as amended by section 1252 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181), through September 30, 2010. This provision would also add 
two elements to the existing reporting requirement regarding 
types and disposition of equipment lent to foreign nations but 
not returned to the United States.
    The Senate bill contained a provision (sec. 1206) that 
would extend the section 1202 authority through September 30, 
2013.
    The agreement includes the House provision with an 
amendment to extend the section 1202 authority through 
September 30, 2011.

Authority for distribution to certain foreign personnel of education 
        and training materials and information technology to enhance 
        military interoperability with the armed forces (sec. 1205)

    The House bill contained a provision (sec. 1205) that would 
amend section 1207 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364) to 
extend the authority through fiscal year 2009.
    The Senate bill contained a provision (sec. 1202) that 
would make permanent the authority provided under section 1207 
of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364).
    The agreement includes the Senate provision with an 
amendment that would require that the annual report on the use 
of this authority, which is provided to the Committees on Armed 
Services of the Senate and the House of Representatives, also 
be provided to the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of 
Representatives.

Modification and extension of authorities relating to program to build 
        the capacity of foreign military forces (sec. 1206)

    The House bill contained a provision (sec. 1206) that would 
extend through fiscal year 2010 the authority provided in 
section 1206 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163). The provision would also 
permit the use of funds provided in a fiscal year for programs 
to build the capacity of foreign military forces that began in 
that fiscal year but continued into the next fiscal year.
    The Senate bill contained a provision (sec. 1204) that 
would extend and modify the authority under section 1206 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163). The provision would expand the types of security 
forces eligible to be trained and equipped under this authority 
and increase the annual limitation on authorized funding from 
$300.0 million to $400.0 million. The provision would also 
extend the section 1206 authority through September 30, 2011.
    The agreement includes the Senate provision with an 
amendment that would expand the types of security forces 
eligible to receive assistance under this section to include 
maritime security forces for the purpose of building capacity 
to conduct counterterrorism operations. The amendment would 
also increase the authorized funding level to $350.0 million 
per fiscal year. The amendment would allow funds available in a 
fiscal year to be used for programs that begin in that fiscal 
year but end in the next fiscal year. The amendment would 
extend the section 1206 authority through September 30, 2011.
    The train and equip authority under section 1206 was 
initiated as a pilot program and is generally intended to 
address emerging needs for building the capacity of foreign 
military forces, particularly those of developing or other 
countries that otherwise would be unable to build this capacity 
on their own. This authority is not intended to duplicate or 
substitute for other foreign assistance authorities, nor is it 
intended to sustain, train and equip programs over multiple 
years. We continue to view this authority as provisional and 
intend to continue to carefully monitor its implementation.
    Moreover, as clearly articulated in the conference report 
accompanying the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109-364), we continue to 
believe strongly that foreign assistance programs are more 
appropriately funded through the foreign assistance accounts, 
as administered by the Department of State, and expect future 
budget requests to include sufficient funding for foreign 
military assistance in those accounts.
    It is essential that the Department choose projects that 
strictly meet the criteria stipulated by the authority--
projects that will contribute directly to building the capacity 
of a foreign country's national military forces to conduct 
counterterrorist operations or participate in or support 
military and stability operations in which the United States 
armed forces are participants. When this authority is used for 
counterterrorism purposes, nations that face a known terrorist 
threat, and that do not have the resources to build their 
military capacity without U.S. assistance, should be given the 
highest priority.

Extension of authority and increased funding for security and 
        stabilization assistance (sec. 1207)

    The House bill contained a provision (sec. 1207) that would 
extend the authority provided under section 1207 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163), as amended by section 1210 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181), through September 30, 2010.
    The Senate bill contained a similar provision (sec. 1205) 
that would extend the section 1207 authority through September 
30, 2011, and increase the authorized annual funding level from 
$100.0 million to $200.0 million.
    The agreement includes the Senate provision with an 
amendment that would extend the 1207 authority through 
September 30, 2009. The amendment provides that up to $50.0 
million in assistance under section 1207 may be provided to the 
Republic of Georgia, without that assistance counting against 
the authorized annual funding limit of $100.0 million. The 
amendment also clarifies that Section 1207 authority is not to 
be used to provide budgetary support to a foreign country.
    The Congress established this authority as a temporary 
measure to allow the Department of Defense to support 
Department of State efforts to address security and 
stabilization missions. Budget proposals for the Department of 
State should provide adequate resources to accomplish those 
missions without relying on this temporary transfer authority, 
and we urge the administration to request sufficient funding 
for the Department of State in future budget submissions.

Extension and expansion of authority for support of special operations 
        to combat terrorism (sec. 1208)

    The House bill contained a provision (sec. 1208) that would 
make permanent the authority provided in section 1208 of the 
Ronald Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108-375) for the Secretary of Defense to 
provide assistance to foreign forces, irregular forces, groups 
or individuals supporting or facilitating military operations 
by U.S. special operations forces to combat terrorism. The 
provision would also increase the amount that may be expended 
during any fiscal year from $25.0 million to $35.0 million.
    The Senate bill contained a similar provision (sec. 1203) 
that would extend the section 1208 authority through 2011 and 
also increase the authorized annual funding level to $35.0 
million.
    The agreement includes the Senate provision with an 
amendment extending this authority through 2013.

Increase in amount available for costs of education and training of 
        foreign military forces under Regional Defense Combating 
        Terrorism Fellowship Program (sec. 1209)

    The House bill contained a provision (sec. 1209) that would 
amend section 2249(c) of title 10, United States Code, to 
increase the authorized annual funding level for the Regional 
Defense Combating Terrorism Fellowship Program from $25.0 
million to $35.0 million.
    The Senate bill (sec. 1201) contained a similar provision.
    The agreement includes the Senate provision.

          Subtitle B--Matters Relating to Iraq and Afghanistan


Limitation on availability of funds for certain purposes relating to 
        Iraq (sec. 1211)

    The House bill contained a provision (sec. 1211) that would 
prohibit the use of funds authorized by this Act or any other 
act to establish any military bases in Iraq for the permanent 
stationing of United States Armed Forces in that country or to 
establish U.S. control over Iraqi oil resources.
    The Senate bill contained a similar provision (sec. 2913) 
applicable to the use of funds authorized by this Act only.
    The agreement includes the Senate provision.

Report on status of forces agreements between the United States and 
        Iraq (sec. 1212)

    The House bill contained a provision (sec. 1212) that would 
require the President to submit a report to the Committees on 
Armed Services of the Senate and the House of Representatives, 
the Senate Committee on Foreign Relations, and the House 
Committee on Foreign Affairs within 90 days after the date of 
enactment of this Act on any status of forces agreement between 
the United States and the Republic of Iraq.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Strategy for United States-led Provincial Reconstruction Teams in Iraq 
        (sec. 1213)

    The House bill contained a provision (sec. 1213) that would 
require the President to establish a strategy for U.S.-led 
Provincial Reconstruction Teams (PRTs) in Iraq to ensure those 
PRTs are supporting the operational and strategic goals of 
coalition forces in Iraq.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would clarify that the strategy established by 
the President should also ensure that PRTs are developing the 
capacity of Iraqi government and other civil institutions to 
assume increasing responsibility for the formulation, 
implementation, and oversight of reconstruction and development 
activities.

Commanders' Emergency Response Program (sec. 1214)

    The House bill contained a provision (sec. 1214) that would 
amend section 1202 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163), as amended by 
section 1205 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181), to modify the authorized 
level of funding for the activities of the Commanders' 
Emergency Response Program (CERP). The provision would 
authorize $1.7 billion for the activities of this program in 
fiscal year 2008, and $1.5 billion in fiscal year 2009. The 
provision would also impose a new limitation on the amounts 
that could be obligated and expended through the CERP in the 
Republic of Iraq during fiscal year 2009 of twice the amount 
obligated during calendar year 2008 by the Government of Iraq 
through the Government of Iraq CERP (I-CERP).
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would amend section 1202 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163), as 
amended by section 1205 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181), to authorize 
$1.7 billion for the activities of this program in fiscal year 
2008, and $1.5 billion in fiscal year 2009. The provision would 
also impose a limitation of $2.0 million on the amount of U.S. 
CERP funds that could be contributed to any individual 
humanitarian and reconstruction project in Iraq. The provision 
would allow the Secretary of Defense to waive this limitation 
if he determines that a waiver is required to meet urgent 
humanitarian relief and reconstruction requirements that will 
immediately assist the Iraqi people. The provision would also 
require the Secretary, or the Deputy Secretary of Defense, to 
certify that any project that is funded with U.S. CERP funds at 
a level of $1.0 million or more addresses urgent humanitarian 
relief and reconstruction requirements that will immediately 
assist the Iraqi people. The amendment would also require 
certain elements be included in the quarterly CERP reports to 
the congressional defense committees. The amendment also 
includes a sense of the Congress that the Government of Iraq 
should assume increasing responsibility for funding and 
carrying out projects currently funded by the United States 
through CERP, and should assume all costs associated with the 
Sons of Iraq as expeditiously as possible.

Performance monitoring system for United States-led Provincial 
        Reconstruction Teams in Afghanistan (sec. 1215)

    The House bill contained a provision (sec. 1215) that would 
require the President to develop and implement a system for 
monitoring the performance of U.S.-led Provincial 
Reconstruction Teams (PRTs) in Afghanistan.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would clarify that the PRT-specific work plans, 
required as part of the performance monitoring system, will 
include plans for developing the capacity of the Afghan 
government and other civil institutions to assume increasing 
responsibility for the formulation, implementation, and 
oversight of reconstruction and development activities.

Report on command and control structure for military forces operating 
        in Afghanistan (sec. 1216)

    The House bill contained a provision (sec. 1216) that would 
require the Secretary of Defense to report on the command and 
control structure for military forces operating in Afghanistan.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to report 
on any efforts to modify the chain of command structure for 
military forces in Afghanistan to better coordinate and de-
conflict military operations and achieve unity of command 
whenever possible in Afghanistan. We welcome the decision to 
dual-hat the position of Commander, International Security 
Assistance Force, and Commander, U.S. Forces Afghanistan.
    The report required by this section, or the report required 
by section 1230 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181), should identify which 
offices in the U.S. and NATO ISAF military headquarters are 
responsible for coordinating counternarcotics operations. That 
report should also include an assessment of the coordination 
between U.S. and NATO ISAF military forces, and the Government 
of Afghanistan to coordinate and de-conflict operations 
relating to or in support of the counternarcotics activities of 
the national and provincial governments of Afghanistan and of 
other Departments and agencies of the United States and other 
member countries of NATO ISAF.

Reports on enhancing security and stability in the region along the 
        border of Afghanistan and Pakistan (sec. 1217)

    The House bill contained a provision (sec. 1217) that would 
add the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives as 
recipients of the notifications, required under section 1232(b) 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181), relating to Department of Defense 
Coalition Support Funds for Pakistan.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Secretary of Defense to 
provide copies of the notifications required under section 
1232(b) to the Committee on Foreign Relations of the Senate and 
Committee on Foreign Affairs of the House. The amendment 
further specifies additional information to be provided in the 
notification required under section 1232(b) or within 180 days 
if not submitted as part of the notification.
    The amendment to the House provision also requires the 
Secretary of Defense to provide semi-annually the report 
required by section 1232(a) on enhancing security and stability 
in the region along the border of Afghanistan and Pakistan.
    In addition, the amendment to the House provision requires 
the Secretary of Defense to provide a report on the efforts of 
the Department of Defense to address the findings and implement 
the recommendations of the report by the Government 
Accountability Office entitled ``Combating Terrorism: Increased 
Oversight and Accountability Needed Over Pakistan Reimbursement 
Claims for Coalition Support Funds.'' The report's 
recommendations include: that the Department of Defense 
consistently implement strong guidance concerning 
reimbursements to the Pakistan Government; that the Department 
of Defense define and formalize the roles and responsibilities 
of the Department of Defense's Office of Defense Representative 
to Pakistan concerning such reimbursements; that the Department 
of Defense clarify guidance for the Department of Defense 
Comptroller in connection with such reimbursements; and that 
the Department of Defense work with the Government of Pakistan 
to develop procedures to allow the Office of the Defense 
Representative to Pakistan or other U.S. representatives to 
conduct greater oversight of such reimbursements.

Study and report on Police Transition Teams to train, assist, and 
        advise units of the Iraqi Police Service (sec. 1218)

    The House bill contained a provision (sec. 1218) that would 
require the Secretary of Defense to submit a report within 60 
days after the date of enactment of this Act regarding the 
staffing and funding of Police Training Teams in Iraq.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

                       Subtitle C--Other Matters


Payment of personnel expenses for multilateral cooperation programs 
        (sec. 1231)

    The House bill contained a provision (sec. 1231) that would 
amend section 1051(a) of title 10, United States Code, to 
authorize payment by the Secretary of Defense of the travel, 
subsistence, and personal expenses of defense personnel of 
developing countries in connection with the attendance of such 
personnel at multilateral conferences, seminars, or similar 
meetings when in the national security interests of the United 
States.
    The Senate bill contained a similar provision (sec. 1213).
    The agreement includes the Senate provision with a 
technical amendment.

Participation of the Department of Defense in multinational military 
        centers of excellence (sec. 1232)

    The House bill contained a provision (sec. 1232) that would 
extend through fiscal year 2009 the authority granted by 
section 1205 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364), as amended by 
section 1204 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181), for Department of 
Defense personnel to participate in North Atlantic Treaty 
Organization multinational military centers of excellence.
    The Senate bill contained a provision (sec. 1214) that 
would make permanent the authority granted by section 1205 of 
the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364).
    The agreement includes the Senate provision with a 
clarifying amendment.

Review of security risks of participation by defense contractors in 
        certain space activities of the People's Republic of China 
        (sec. 1233)

    The House bill contained a provision (sec. 1233) that would 
prohibit the Secretary of Defense from obligating or expending 
any fiscal year 2009 or other fiscal year funds available to 
the Department of Defense (DOD) for classified work under 
contracts with a company if that company or affiliate is 
engaged with the People's Republic of China in the development 
of ``ITAR-free'' satellites. The restriction could be waived 
following a certification by the Secretary of Defense in 
consultation with the Secretary of State. The requirement to 
implement the restriction would not take effect until 60 days 
after enactment or if the Secretary of Defense submits a report 
to the congressional defense committees with a determination 
that implementation of the requirement does not promote the 
national interest.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would direct the Secretary of Defense to conduct 
a review to determine whether there are any security risks 
associated with the participation by covered contractors in 
certain space activities of the People's Republic of China. The 
provision would direct the Secretary of Defense to submit a 
report to the congressional defense committees setting forth 
the conclusions of the review by March 1, 2009.
    One of the elements of the review to be conducted is 
whether there have been any incidents with respect to which a 
determination has been made that an improper disclosure of 
covered information occurred during the 5 year period preceding 
the date of enactment. We would urge, in the event that the 
Secretary determines that such an event has occurred after the 
date of enactment and before the due date of the report, that 
any such incident should be included to the extent practicable.
    Given the nature of the subject matter in the report we 
expect it to be classified, but to the extent practicable an 
unclassified summary should be submitted.

Report on Iran's capability to produce nuclear weapons (sec. 1234)

    The House bill contained a provision (sec. 1234) that would 
direct the Director of National Intelligence (DNI) to submit to 
Congress, 180 days after the enactment of this Act and annually 
thereafter, an update of the National Intelligence Estimate 
entitled ``Iran: Nuclear Intentions and Capabilities'' dated 
November 2007. The issues to be addressed in the report 
include, the status of Iran's uranium enrichment program; an 
estimate of the amount of weapons grade material held by Iran; 
a description of weaponization and delivery system activities; 
and an assessment made by US allies of Iran's nuclear weapons 
capabilities.
    The provision would direct the DNI to notify Congress 
within 15 days if there were significant changes in the Iranian 
program.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would direct the DNI to submit an annual report 
on Iran's capacity to produce nuclear weapons. The first report 
is due not later than 180 days after the date of enactment of 
this Act. The report may be submitted in classified form. The 
amendment would also modify the issues to address the uranium 
enrichment program and to address plutonium production 
capabilities. In addition, the President would be required to 
notify Congress if Iran resumes its nuclear weapons program.
    The report required by this provision shall be prepared 
following standard procedures used to produce reports by the 
national intelligence community and should include dissenting 
opinions from other intelligence community elements.

Employment for resettled Iraqis (sec. 1235)

    The House bill contained a provision (sec. 1235) that would 
create a joint Department of Defense/Department of State 
program for the purpose of hiring Iraqis, who supported the 
United States' efforts in Iraq and have resettled in the U.S., 
as interpreters, translators, and cultural awareness 
instructors for agencies of the Federal Government.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Extension and modification of updates on report on claims relating to 
        the bombing of the Labelle Discotheque (sec. 1236)

    The Senate bill contained a provision (sec. 1231) that 
would extend and modify a reporting requirement on the status 
of negotiations between the Government of Libya and United 
States claimants in connection with the bombing of the Labelle 
Discotheque in Berlin, Germany, that occurred in April 1986. 
The reporting requirement is an extension of section 1225 of 
the National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109-163) and section 1261 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181).
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would require the next report to be submitted 
not later than 90 days following the enactment of this Act, and 
that subsequent reports be submitted every 180 days thereafter. 
The amendment would further terminate the reporting requirement 
upon submission by the Secretary of State to Congress of the 
certification described in the Libya Claims Resolution Act 
(Public Law 110-301).
    We note the recent enactment of the Libya Claims Resolution 
Act and are hopeful the cases of the American victims of 
Libyan-sponsored acts of terrorism can be resolved in short 
order. We will continue to monitor the implementation of the 
Libya Claims Resolution Act.

Report on utilization of certain global partnership authorities (sec. 
        1237)

    The Senate bill contained a provision (sec. 1232) that 
would require the Secretary of Defense, in consultation with 
the Secretary of State, to submit a report not later than 
December 31, 2010, on the implementation of certain Building 
Global Partnership authorities.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Modification and repeal of requirement to submit certain annual reports 
        to Congress regarding allied contributions to the common 
        defense (sec. 1238)

    The Senate bill contained a provision (sec. 1051) that 
would repeal certain requirements for the Secretary of Defense 
to report annually on allied contributions to the common 
defense and on costsharing by North Atlantic Treaty 
Organization (NATO) allies.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would repeal the reporting requirement regarding 
NATO cost-sharing and modify the other reports to require the 
Secretary of Defense to provide information on allied annual 
defense spending and contributions to military and stability 
operations in which United States Armed Forces participate.

                   Legislative Provisions Not Adopted


Declaration of policy relating to status of forces agreements between 
        the United States and Iraq

    The House bill contained a provision (sec. 1219) that would 
declare that it is U.S. policy to ensure that any agreement 
between the United States and Iraq on the status of U.S. forces 
requires burden-sharing by the Government of Iraq in support of 
U.S. Armed Forces stationed in Iraq.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision. We note 
that the agreement includes a provision (sec. 1508) calling for 
the United States to initiate negotiations with Iraq on a cost-
sharing agreement relating to the costs of combined operations 
of Iraqi Security Forces and Multi-National Force-Iraq.

Limitation on certain status of forces agreements between the United 
        States and Iraq

    The House bill contained a provision (sec. 1220) that would 
prohibit any agreement between the United States and Iraq that 
obligates the United States to respond to internal or external 
threats against Iraq from being in force with respect to the 
United States unless the agreement is approved by Congress, 
either in the form of a treaty or by an Act of Congress enacted 
after the date of this Act.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision. It is 
well established that any agreement that obligates the United 
States to come to the defense of another country against 
internal or external threats must be approved by Congress. 
There is no need to restate the current state of existing law 
in this Act.

Report on long-term costs of Operation Iraqi Freedom and Operation 
        Enduring Freedom

    The House bill contained a provision (sec. 1221) that would 
require the President to submit to Congress a report estimating 
the long-term direct and indirect costs of Operations Iraqi 
Freedom and Enduring Freedom under three different scenarios.
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

Waiver of certain sanctions against North Korea

    The Senate bill contained a provision (sec. 1221) that 
would provide the President with limited authority to waive, 
with respect to North Korea, the application of sanctions under 
section 102(b) of the Arms Export Control Act (22 U.S.C. 
2799aa-1(b)). The President would be required to notify 
Congress 15 days in advance of exercising such waiver 
authority. In addition, the provision would require the 
President to submit an annual report to Congress listing all 
the waivers granted during the preceding year and describe in 
detail the progress being made by North Korea in implementing 
the commitments included in the Joint Statement of September 
19, 2005, to abandon all nuclear weapons, existing nuclear 
programs, and all other programs associated with the 
elimination of the ability of North Korea to develop, deploy, 
transfer, or maintain weapons of mass destruction or their 
delivery systems.
    The House bill contained no similar provision.
    The agreement does not include the provision. A similar 
provision was included in the Supplemental Appropriations Act 
for Fiscal Year 2008 (Public Law 110-252).

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

Specification of Cooperative Threat Reduction programs and funds (sec. 
        1301)

    The House bill contained a provision (sec. 1301) that would 
define the Cooperative Threat Reduction (CTR) programs, define 
the funds authorized to be appropriated in section 301 of the 
bill, and authorize CTR funds to be available for obligation 
for 3 years.
    The Senate bill contained a similar provision (sec. 1301).
    The agreement includes the House provision with a technical 
amendment.

Funding allocations (sec. 1302)

    The House bill contained a provision (sec. 1302) that would 
authorize $445.1 million for the Cooperative Threat Reduction 
(CTR) program.
    The Senate bill contained a similar provision that would 
authorize $434.1 million (sec. 1302).
    The agreement includes the House provision with an 
amendment that would authorize $434.1 million for the CTR 
program, an increase of $20.0 million above the budget request. 
In addition, the agreement would reduce the notification period 
for obligations and expenditures to 15 days from 30 days. The 
Agreement would also authorize a specific amount for each of 
the CTR program elements. The agreement authorizes an increase 
of $10.0 million for new initiatives including activities in 
states outside of the former Soviet Union, $1.0 million for 
additional expenses associated with the Russian chemical 
weapons destruction activities, and an increase of $9.0 million 
for weapons of mass destruction proliferation prevention in the 
former Soviet Union.

                    TITLE XIV--OTHER AUTHORIZATIONS


[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


                     Subtitle A--Military Programs


Working capital funds (sec. 1401)

    The House bill contained a provision (sec. 1401) that would 
authorize appropriations for the working capital funds of the 
Department of Defense, including the Defense Commissary Agency.
    The Senate bill contained an identical provision (sec. 
1401).
    The agreement includes this provision.

National Defense Sealift Fund (sec. 1402)

    The House bill contained a provision (sec. 1402) that would 
authorize appropriations for the National Defense Sealift Fund.
    The Senate bill contained a similar provision (sec. 1402).
    The agreement includes this provision.

Defense Health Program (sec. 1403)

    The House bill contained a provision (sec. 1403) that would 
authorize fiscal year 2009 funds for the Defense Health Program 
and other programs.
    The Senate bill contained a similar provision (sec. 1403).
    The agreement includes this provision.

Chemical agents and munitions destruction, Defense (sec. 1404)

    The House bill contained a provision (sec. 1404) that would 
authorize appropriations for chemical agents and munitions 
destruction.
    The Senate bill contained an identical provision (sec. 
1404).
    The agreement includes this provision.

Drug Interdiction and Counterdrug Activities, Defense-wide (sec. 1405)

    The House bill contained a provision (sec. 1405) that would 
authorize fiscal year 2009 funds for drug interdiction and 
counterdrug activities and other programs.
    The Senate bill contained a similar provision authorizing 
appropriations for drug interdiction and counterdrug activities 
(sec. 1405).
    The agreement includes the provision.

Defense Inspector General (sec. 1406)

    The House bill contained a provision (sec. 1406) that would 
authorize appropriations for the Inspector General of the 
Department of Defense.
    The Senate bill contained an identical provision (sec. 
1406).
    The agreement includes this provision.

National Defense Sealift Fund amendments (sec. 1407)

    The House bill contained a provision (sec. 1014) that would 
change the definition of what vessels would be funded within 
the National Defense Sealift Fund (NDSF) account, and would 
strike subsection (J) of section 2218 of title 10, United 
States Code, which allows the Secretary of Defense to transfer 
resources within the NDSF if he determines that the action 
serves the national defense interest.
    The Senate bill contained a similar provision (sec. 1432) 
that would change the definition of what vessels would be 
funded in the NDSF.
    The agreement includes the House provision.

                 Subtitle B--National Defense Stockpile


Authorized uses of National Defense Stockpile funds (sec. 1411)

    The House bill contained a provision (sec. 1411) that would 
authorize $41.2 million from the National Defense Stockpile 
Transaction Fund for the operation and maintenance of the 
National Defense Stockpile for fiscal year 2009. This section 
would also permit the use of additional funds for extraordinary 
or emergency conditions 45 days after Congress receives 
notification.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Revisions to previously authorized disposals from the National Defense 
        Stockpile (sec. 1412)

    The House bill contained a provision (sec. 1412) that would 
authorize revisions on limitations in National Defense 
Stockpile (NDS) by amending section 3303(a) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261), as amended most recently by section 
1412(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181) to increase the Department's 
disposal authority from $1.1 billion to $1.5 billion.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would increase the Department's disposal 
authority from $1.1 billion to $1.4 billion.
    We note that in June 2008 the Deputy Under Secretary of 
Defense for Logistics and Materiel Readiness determined the 
need to suspend, or limit, the authorized sales of selected 
materials in the NDS inventory pending a review of critical and 
strategic materials. This provision is not intended to 
supersede this determination, but to provide additional 
authority if the Department's review of materials justifies 
continued sales.

                Subtitle C--Armed Forces Retirement Home


Authorization of appropriations for Armed Forces Retirement Home (sec. 
        1421)

    The House bill contained a provision (sec. 1421) that would 
authorize $63.0 million to be appropriated for fiscal year 2009 
from the Armed Forces Retirement Home Trust Fund for the 
operation of the Armed Forces Retirement Home.
    The Senate bill contained a similar provision (sec. 1421).
    The agreement includes the Senate provision.

  TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION 
              IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

                     Legislative Provisions Adopted


Authorization of additional appropriations for operations in 
        Afghanistan and Iraq for fiscal year 2009 (sec. 1501)

    The House bill contained a series of provisions (sections 
1501-1507 and 1509-1515) that would authorize $70.0 billion in 
fiscal year 2009 appropriations for military operations in 
Afghanistan and Iraq.
    The Senate bill contained a series of provisions (sections 
1501-1512) that would authorize $19.9 billion in fiscal year 
2009 funding for military operations in Afghanistan.
    The Senate bill also contained a series of provisions 
(sections 1601-1613) that would authorize $49.6 billion in 
fiscal year 2009 funding for military operations in Iraq.
    The agreement includes a provision that would authorize 
$66.0 billion in fiscal year 2009 appropriations for operations 
in Iraq and Afghanistan in accordance with the funding provided 
in Chapter 2 of title IX of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252).
    The agreement would also authorize $2.1 billion for an 
additional six C-17 aircraft.

Requirement for separate display of budgets for Afghanistan and Iraq 
        (sec. 1502)

    The House bill contained a provision (sec. 1002) that would 
require the Secretary of Defense, for any annual or 
supplemental budget request of the Department of Defense, to 
clearly and separately set forth any funding requested for any 
U.S. operations in Afghanistan.
    The House bill also contained a provision (sec. 1003) that 
would require a similar separate budget display for operations 
in Iraq.
    The Senate bill contained a similar provision (sec. 1516) 
that would require a separate budget display for funding of 
operations in Afghanistan.
    The agreement combines the House and Senate provisions into 
a single provision that would require separate budget displays 
for operations in Afghanistan and operations in Iraq.

Joint improvised explosive device defeat fund (sec. 1503)

    The House bill contained a provision (sec. 1507) that would 
authorize funding for the Joint Improvised Explosive Device 
Defeat Fund (JIEDDF). This section would require that of the 
funds appropriated to the Joint Improvised Explosive Device 
Defeat Fund, $50.0 million shall be made available for the 
rapid fielding of additional Aerial Reconnaissance Multi-Sensor 
platforms for tactical operations in Operation Iraqi Freedom 
and Operation Enduring Freedom.
    The Senate bill contained two similar provisions (sec. 1505 
and sec. 1605) both of which would authorize funding for the 
Joint Improvised Explosive Device Defeat Fund.
    The agreement includes a provision authorizing funding for 
the Joint Improvised Explosive Device Defeat Fund.
    We urge the Joint Improvised Explosive Device Defeat 
Organization (JIEDDO) to direct $5.0 million each to ongoing 
Marine Corps and Army efforts to develop specialized improvised 
explosive device (IED) dog teams. The Marine Corps program has 
already deployed IED dog teams embedded with combat forces 
successfully to Iraq and intends to expand the program. JIEDDO 
has been funding the development of specialized IED dog team 
capabilities in the Army ($2.75 million in fiscal years 2008 
and 2009), and the Army is now fielding its first embedded IED 
dog team with a Brigade Combat team (BCT). However, the Marine 
Corps needs additional funds to sustain its research and 
development program, and the Army will be able to field this 
counter-IED capability to only one BCT in fiscal year 2009 
unless JIEDDO provides additional funds or the Army re-
prioritizes its military working dog budget. We direct the 
director of JIEDDO, the Deputy Chief of Staff of the Army for 
Intelligence, and the Army Provost Marshal General review this 
situation and notify the Armed Services Committees of the 
Senate and the House of Representatives of their decision 
within 30 days of the enactment of this Act.
    Further, we also urge JIEDDO to continue funding at a level 
of not less than $65.0 million the ongoing efforts of the 
Irregular Warfare Support office under the Assistant Secretary 
of Defense for Special Operations/Low Intensity Conflict.

Science & technology investment strategy to defeat or counter 
        improvised explosive devices (sec. 1504)

    The House bill contained a provision (sec. 1508) that would 
limit the amount of funds that the Joint Improvised Explosive 
Devise Defeat Organization (JIEDDO) may obligate for science 
and technology (S&T) efforts until it delivers to Congress a 
report describing its S&T strategy.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would require the Director of JIEDDO, jointly 
with the Director for Defense Research and Engineering, to 
develop and deliver to the congressional defense committees an 
annual report outlining the Department of Defense's (DOD) 
investment strategy for S&T to defeat and counter improvised 
explosive devices (IEDs).
    According to DOD Directive 2000.19E, JIEDDO's mission is to 
``focus (lead, advocate, coordinate) all DOD actions in support 
of the Combatant Commanders' and their respective Joint Task 
Forces' efforts to defeat Improvised Explosive Devices as 
weapons of strategic influence.'' Even more specifically, it 
requires the Director of JIEDDO to ``integrate all IED Defeat 
solutions throughout the Department of Defense, seeking 
Interagency assistance, as necessary, and identifying 
innovative near-term solutions.'' While JIEDDO has actively 
invested in S&T efforts to support its mission, it has 
neglected its responsibility to lead, advocate and coordinate 
the Department's total S&T investment in this area. If JIEDDO 
does not serve in this coordination role, then the likelihood 
for duplicative and redundant investment with Service and 
Defense Agencies investments increases dramatically.

Limitation on Iraq Security Forces Fund (sec. 1505)

    The House bill contained a provision (sec. 1512) that would 
authorize fiscal year 2009 appropriations for the Iraq Security 
Forces Fund (ISFF).
    The Senate bill contained a similar provision (sec. 1613).
    The agreement includes a provision that would subject funds 
authorized in this title for the ISFF to the terms and 
conditions of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181). The funding authorization for 
this program is contained in section 1501 of this Act. 
Additional restrictions on the use of the ISFF for 
infrastructure projects are contained elsewhere in this Act.

Limitations on Afghanistan Security Forces Fund (sec. 1506)

    The House bill contained a provision (sec. 1513) that would 
authorize fiscal year 2009 appropriations for the Afghanistan 
Security Forces Fund (ASFF).
    The Senate bill contained a similar provision (sec. 1512).
    The agreement includes a provision that would subject funds 
authorized in this title for the ASFF to the terms and 
conditions of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181). The funding authorization for 
the ASFF is contained in section 1501 of this Act.

Special transfer authority (sec. 1507)

    The House bill contained a provision (sec. 1516) that would 
authorize the transfer of up to $4.0 billion of war-related 
funding authorizations in this title among the accounts in this 
title.
    The Senate bill contained a similar provision (sec. 1514) 
that would authorize transfers of up to $3.0 billion.
    The agreement includes the House provision.
    This special transfer authority is in addition to the 
general transfer authority contained in section 1001 of this 
Act, but the same reprogramming procedures applicable to 
transfers under section 1001 would also apply to transfers 
under this section.

Prohibition on use of United States funds for certain facilities 
        projects in Iraq and contributions by Iraq to combined 
        operations and other activities in Iraq (sec. 1508)

    The House bill contained a provision (sec. 1512) that would 
prohibit the use of certain funds for the acquisition, 
conversion, rehabilitation, or installation of facilities for 
the Iraqi Security Forces.
    The Senate bill contained a provision (sec. 1616) that 
would prohibit the use of funds authorized by this Act to pay 
for any large-scale infrastructure project commenced after the 
date of enactment of this Act. The provision would also require 
the United States Government to begin negotiating an agreement 
with the Government of Iraq to share the costs of combined 
operations between the Government of Iraq and Multi-National 
Force Iraq. The provision would further require that the United 
States Government act to ensure that Iraqi funds are used to 
pay the costs of training, equipping, and sustaining the Iraqi 
Security Forces and the costs associated with the Sons of Iraq.
    The agreement includes a provision that would prohibit the 
use of certain funds for the acquisition, conversion, 
rehabilitation, or installation of facilities for the use of 
the Government of Iraq, political subdivisions of Iraq, or 
agencies, departments or forces of the Government of Iraq or 
its subdivisions. The provision would also require the United 
States Government to begin negotiating an agreement with the 
Government of Iraq to share the costs of combined operations 
between the Government of Iraq and Multi-National Force-Iraq. 
The provision would further require that the United States 
Government act to ensure that Iraqi funds are used to pay the 
costs of training, equipping, and sustaining the Iraqi Security 
Forces.

                   Legislative Provisions Not Adopted


Limitation on use of funds

    The Senate bill contained a provision (sec. 1515) that 
would require the Secretary of Defense to provide a report to 
Congress on the allocation of funding for operations in 
Afghanistan at the line-item level 15 days prior to the 
obligation of such funds.
    The House bill contained no similar provision.
    The agreement does not include this provision.

Treatment as additional authorizations

    The House bill contained a provision (sec. 1517) that would 
provide that the authorizations in this title are in addition 
to any other authorizations in this Act.
    The Senate bill contained identical provisions relating to 
funding for military operations in Afghanistan (sec. 1513) and 
Iraq (sec. 1614).
    The agreement does not include this provision.

Limitation on use of funds

    The Senate bill contained a provision (sec. 1615) that 
would require the Secretary of Defense to provide a report to 
Congress on the allocation of funding for operations in Iraq at 
the line-item level 15 days prior to the obligation of such 
funds.
    The House bill contained no similar provision.
    The agreement does not include this provision.

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

                     Legislative Provisions Adopted


Short title (sec. 1601)

    The House bill contained a provision (sec. 1601) that would 
provide that the title may be referred to as the 
``Reconstruction and Stabilization Civilian Management Act of 
2008.''
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Findings (sec. 1602)

    The House bill contained a provision (sec. 1602) that would 
contain congressional findings regarding efforts to improve 
U.S. capacity to prepare, plan for, and conduct stabilization 
and reconstruction operations.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Definitions (sec. 1603)

    The House bill contained a provision (sec. 1603) that would 
provide definitions for use in the Act.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Authority to provide assistance for reconstruction and stabilization 
        crises (sec. 1604)

    The House bill contained a provision (sec. 1604) that would 
amend chapter 1 of part III of the Foreign Assistance Act of 
1961 (Public Law 87-195) to provide authority for the President 
to furnish stabilization or reconstruction assistance to a 
country or region that is at risk of, in, or is in transition 
from, conflict or civil strife if the President determines it 
is in the national security interests of the United States for 
U.S. civilian agencies or non-federal employees to do so. The 
provision also provided that funds available for stabilization 
and reconstruction assistance under this section would be funds 
made available under any other provision of law and under other 
provisions of the Foreign Assistance Act and transferred or 
reprogrammed for the purposes of this section, subject to the 
procedures applicable to a notification under section 634A of 
the Foreign Assistance Act.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would allow funds available for stabilization 
and reconstruction assistance under this section to be limited 
to funds made available under other provisions of the Foreign 
Assistance Act and transferred or reprogrammed for the purposes 
of this section, subject to the procedures applicable to a 
notification under section 634A of the Foreign Assistance Act.

Reconstruction and stabilization (sec. 1605)

    The House bill contained a provision (sec. 1605) that would 
amend the State Department Basic Authorities Act of 1956 
(Public Law 84-85) to add a new section establishing within the 
Department of State the Office of the Coordinator for 
Reconstruction and Stabilization, and authorize the Secretary 
of State, in consultation with the Administrator of the U.S. 
Agency for International Development and the heads of other 
appropriate U.S. Government agencies, to establish and maintain 
a Response Readiness Corps to provide assistance in support of 
reconstruction and stabilization operations.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Authorities related to personnel (sec. 1606)

    The House bill contained a provision (sec. 1606) that would 
authorize the Secretary of State, or the head of any U.S. 
agency with respect to personnel of that agency, to extend 
certain death gratuity, training, and travel expense benefits 
or privileges, that are provided to members of the Foreign 
Service under the Foreign Service Act of 1980 (Public Law 96-
465), to any individual assigned, detailed, or deployed to 
carry out reconstruction and stabilization activities under the 
Reconstruction and Stabilization Civilian Management Act of 
2008.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Reconstruction and Stabilization Strategy (sec. 1607)

    The House bill contained a provision (sec. 1607) that would 
require the Secretary of State, in consultation with the 
Administrator of the U.S. Agency for International Development, 
to develop an interagency strategy for responding to 
stabilization and reconstruction operations.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Annual reports to Congress (sec. 1608)

    The House bill contained a provision (sec. 1608) that would 
require the Secretary of State to report annually to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs of the House of Representatives on the 
implementation of the Reconstruction and Stabilization Civilian 
Management Act of 2008.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


                     Legislative Provisions Adopted


Short title (sec. 2001)

    The House bill contained a provision (sec. 2001) that would 
designate division B of this Act as the Military Construction 
Authorization Act for Fiscal Year 2009.
    The Senate bill contained an identical provision (sec. 
2001).
    The agreement includes this provision.

Expiration of authorizations and amounts required to be specified by 
        law (sec. 2002)

    The House bill contained a provision (sec. 2002) that would 
establish the expiration date for authorizations in this Act 
for military construction projects, land acquisition, family 
housing projects, and contributions to the North Atlantic 
Treaty Organization infrastructure program, as October 1, 2011, 
or the date of enactment of an act authorizing funds for 
military construction for fiscal year 2012, whichever is later.
    The Senate bill contained an identical provision (sec. 
2002).
    The agreement includes this provision.

Effective date (sec. 2003)

    The Senate bill contained a provision that would provide 
that titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX 
of this Act take effect on October 1, 2008, or the date of 
enactment of this Act, whichever is later.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

                            TITLE XXI--ARMY

                     Legislative Provisions Adopted


Authorized Army construction and land acquisition projects (sec. 2101)

    The House bill contained a provision (sec. 2101) that would 
authorize military construction projects for the active 
component of the Army for fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2101).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Family housing (sec. 2102)

    The House bill contained a provision (sec. 2102) that would 
authorize new construction and planning and design of family 
housing units for the Army for fiscal year 2009. It would also 
authorize funds for facilities that support family housing, 
including housing management offices and housing maintenance 
and storage facilities.
    The Senate bill contained an identical provision (sec. 
2102).
    The agreement includes this provision.

Improvements to military family housing units (sec. 2103)

    The House bill contained a provision (sec. 2103) that would 
authorize funding for fiscal year 2009 to improve existing Army 
family housing units.
    The Senate bill contained an identical provision (sec. 
2103).
    The agreement includes this provision.

Authorization of appropriations, Army (sec. 2104)

    The House bill contained a provision (sec. 2104) that would 
authorize appropriations for the active component military 
construction and family housing projects of the Army for fiscal 
year 2009. This provision would also provide an overall limit 
on the cost of the fiscal year 2009 military construction and 
family housing projects authorized for the active-duty 
component of the Army.
    The Senate bill contained a similar provision (sec. 2104).
    The agreement includes this provision.

Modification of authority to carry out certain fiscal year 2008 
        projects (sec. 2105)

    The House bill contained a provision (sec. 2105) that would 
cancel the authorization for several fiscal year 2008 military 
construction projects.
    The Senate bill contained no similar provision.
    The agreement includes this provision.

Modification of authority to carry out certain fiscal year 2007 
        projects (sec. 2106)

    The House bill contained a provision (sec. 2106) that would 
modify the authorization for several fiscal year 2007 military 
construction projects.
    The Senate bill contained no similar provision.
    The agreement includes this provision.

Extension of authorizations of certain fiscal year 2006 projects (sec. 
        2107)

    The House bill contained a provision (sec. 2107) that would 
extend the authorization for certain Army fiscal year 2006 
military construction projects until October 1, 2009, or the 
date of enactment of an act authorizing funds for military 
construction for fiscal year 2010, whichever is later.
    The Senate bill contained a similar provision (sec. 2105).
    The agreement includes the House provision.

Extension of authorizations of certain fiscal year 2005 project (sec. 
        2108)

    The House bill contained a provision (sec. 2108) that would 
extend the authorization for an Army fiscal year 2005 military 
construction project at Schofield Barracks, Hawaii, until 
October 1, 2009, or the date of enactment of an act authorizing 
funds for military construction for fiscal year 2010, whichever 
is later.
    The Senate bill contained a similar provision (sec. 2106).
    The agreement includes the House provision.

                            TITLE XXII--NAVY

                     Legislative Provisions Adopted


Authorized Navy construction and land acquisition projects (sec. 2201)

    The House bill contained a provision (sec. 2201) that would 
authorize military construction projects for the active 
component of the Navy and Marine Corps for fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2201).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Family housing (sec. 2202)

    The House bill contained a provision (sec. 2202) that would 
authorize new construction and planning and design of family 
housing units for the Navy for fiscal year 2009. It would also 
authorize funds for facilities that support family housing, 
including housing management offices and housing maintenance 
and storage facilities.
    The Senate bill contained a similar provision (sec. 2202).
    The agreement includes the Senate provision.

Improvements to military family housing units (sec. 2203)

    The House bill contained a provision (sec. 2203) that would 
authorize funding for fiscal year 2009 to improve existing Navy 
and Marine Corps family housing units.
    The Senate bill contained an identical provision (sec. 
2203).
    The agreement includes this provision.

Authorization of appropriations, Navy (sec. 2204)

    The House bill contained a provision (sec. 2204) that would 
authorize appropriations for the active component military 
construction and family housing projects of the Department of 
the Navy for fiscal year 2009. This provision would also 
provide an overall limit on the cost of the fiscal year 2009 
military construction and family housing projects authorized 
for the active-duty component of the Navy and Marine Corps.
    The Senate bill contained a similar provision (sec. 2204).
    The agreement includes this provision.

Modification of authority to carry out certain fiscal year 2005 project 
        (sec. 2205)

    The House bill contained a provision (sec. 2205) that would 
increase the authorization for a Strategic Weapons Facility 
Pacific project at Bangor, Washington.
    The Senate bill contained an identical provision (sec. 
2205).
    The agreement includes this provision.

Modification of authority to carry out certain fiscal year 2007 
        projects (sec. 2206)

    The House bill contained a provision (sec. 2206) that would 
increase the authorization for projects at the Naval Support 
Activity, Suitland, Maryland, and at naval Air Station, Whidbey 
Island, Washington.
    The Senate bill contained an identical provision (sec. 
2206).
    The agreement includes this provision.

                   Legislative Provision Not Adopted


Report on impacts of surface ship homeporting alternatives

    The House bill contained a provision (sec. 2207) that would 
prohibit the Secretary of the Navy from issuing a record of 
decision for the proposed homeporting of additional ships at 
Naval Station Mayport until at least 30 days after the date on 
which the Secretary submits a report on the socio-economic 
impact and economic justification of the preferred alternatives 
identified in the final environmental impact statement.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

                         TITLE XXIII--AIR FORCE

Legislative Provisions Adopted

    Authorized Air Force construction and land acquisition 
projects (sec. 2301)
    The House bill contained a provision (sec. 2301) that would 
authorize Air Force military construction projects for fiscal 
year 2009.
    The Senate bill contained a similar provision (sec. 2301).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Family housing (sec. 2302)

    The House bill contained a provision (sec. 2302) that would 
authorize new construction and planning and design of family 
housing units for the Air Force for fiscal year 2009. It would 
also authorize funds for facilities that support family 
housing, including housing management offices and housing 
maintenance and storage facilities.
    The Senate bill contained an identical provision (sec. 
2302).
    The agreement includes this provision.

Improvements to military family housing units (sec. 2303)

    The House bill contained a provision (sec. 2303) that would 
authorize funding for fiscal year 2009 to improve existing Air 
Force family housing units.
    The Senate bill contained an identical provision (sec. 
2303).
    The agreement includes this provision.

Authorization of appropriations, Air Force (sec. 2304)

    The House bill contained a provision (sec. 2304) that would 
authorize appropriations for the active component military 
construction and family housing projects of the Air Force for 
fiscal year 2009. This provision would also provide an overall 
limit on the cost of the fiscal year 2009 military construction 
and family housing projects authorized for the active-duty 
component of the Air Force.
    The Senate bill contained a similar provision (sec. 2304).
    The agreement includes this provision.

Extension of authorizations of certain fiscal year 2006 projects (sec. 
        2305)

    The House bill contained a provision (sec. 2305) that would 
extend the authorizations for certain Air Force fiscal year 
2006 military construction projects until October 1, 2009, or 
the date of enactment of an act authorizing funds for military 
construction for fiscal year 2010, whichever is later.
    The Senate bill contained an identical provision (sec. 
2305).
    The agreement includes this provision.

Extension of authorizations of certain fiscal year 2005 projects (sec. 
        2306)

    The House bill contained a provision (sec. 2306) that would 
extend the authorizations for certain Air Force fiscal year 
2005 military construction projects until October 1, 2009, or 
the date of enactment of an act authorizing funds for military 
construction for fiscal year 2010, whichever is later.
    The Senate bill contained a similar provision (sec. 2306).
    The agreement includes the Senate provision.

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations


Authorized defense agencies construction and land acquisition projects 
        (sec. 2401)

    The House bill contained a provision (sec. 2401) that would 
authorize military construction projects for the defense 
agencies for fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2401).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Energy conservation projects (sec. 2402)

    The House bill contained a provision (sec. 2402) that would 
authorize the Secretary of Defense to carry out energy 
conservation projects.
    The Senate bill contained a similar provision (sec. 2402).
    The agreement includes the Senate provision.

Authorization of appropriations, defense agencies (sec. 2403)

    The House bill contained a provision (sec. 2403) that would 
authorize appropriations for the military construction projects 
of the defense agencies for fiscal year 2009. This provision 
would also provide an overall limit on the cost of the fiscal 
year 2009 military construction projects authorized for the 
defense agencies.
    The Senate bill contained a similar provision (sec. 2403).
    The agreement includes this provision.

Modification of authority to carry out certain fiscal year 2007 
        projects (sec. 2404)

    The House bill contained a provision (sec. 2404) that would 
amend section 2401 of the Military Construction Authorization 
Act for Fiscal Year 2007 (division B of Public Law 109-364) to 
increase the construction authorization for a project at Fort 
Detrick, Maryland by $133.0 million.
    The Senate bill contained a similar provision (sec. 2404).
    The agreement includes the House provision.

Modification of authority to carry out certain fiscal year 2005 
        projects (sec. 2405)

    The House bill contained a provision (sec. 2405) that would 
terminate the military construction authorization provided in 
the Military Construction Authorization Act for Fiscal Year 
2005 (division B of Public Law 108-375) for a project at the 
Defense Fuel Supply Point at Naval Air Station Oceana, 
Virginia.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Extension of authorization of certain fiscal year 2006 project (sec. 
        2406)

    The House bill contained a provision (sec. 2406) that would 
extend the authorization for a fiscal year 2006 military 
construction project for the Defense Logistics Agency until 
October 1, 2009, or the date of enactment of an act authorizing 
funds for military construction for fiscal year 2010, whichever 
is later.
    The Senate bill contained an identical provision (sec. 
2405).
    The agreement includes this provision.

          Subtitle B--Chemical Demilitarization Authorizations


Authorized chemical demilitarization program construction and land 
        acquisition projects (sec. 2411)

    The House bill contained a provision (sec. 2411) that would 
authorize military construction projects for the chemical 
demilitarization program for fiscal year 2009.
    The Senate bill contained an identical provision (sec. 
2411).
    The agreement includes this provision.
    The authorized amounts are listed on an installation-by-
installation basis in this provision.

Authorization of appropriations, chemical demilitarization 
        construction, defense-wide (sec. 2412)

    The House bill contained a provision (sec. 2412) that would 
authorize specific appropriations for each line item contained 
in the budget request for fiscal year 2009 for the chemical 
demilitarization construction. This section would also provide 
overall limit on the amount the chemical demilitarization 
office may spend on military construction projects.
    The Senate bill contained a similar provision (sec. 2412).
    The agreement includes the Senate provision with an 
amendment making a technical correction.

Modification of authority to carry out certain fiscal year 1997 project 
        (sec. 2413)

    The House bill contained a provision (sec. 2413) that would 
modify the authorization for a chemical demilitarization 
construction project at Pueblo Army Depot, Colorado.
    The Senate bill contained an identical provision (sec. 
2413).
    The agreement includes this provision.

Modification of authority to carry out certain fiscal year 2000 project 
        (sec. 2414)

    The House bill contained a provision (sec. 2414) that would 
modify the authorization for a chemical demilitarization 
construction project at Blue Grass Army Depot, Kentucky.
    The Senate bill contained an identical provision (sec. 
2414).
    The agreement includes this provision.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

                     Legislative Provisions Adopted


Authorized NATO construction and land acquisition projects (sec. 2501)

    The House bill contained a provision (sec. 2501) that would 
authorize the Secretary of Defense to make contributions to the 
North Atlantic Treaty Organization Security Investment Program 
in an amount equal to the sum of the amount specifically 
authorized in section 2502 of this title and the amount of 
recoupment due to the United States for construction previously 
financed by the United States.
    The Senate bill contained an identical provision (sec. 
2501).
    The agreement includes this provision.

Authorization of appropriations, NATO (sec. 2502)

    The House bill contained a provision (sec. 2502) that would 
authorize appropriations for the United States' contribution to 
the North Atlantic Treaty Organization Security Investment 
Program for fiscal year 2009.
    The Senate bill contained an identical provision (sec. 
2502).
    The agreement includes this provision.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

                     Legislative Provisions Adopted


Authorized Army National Guard construction and land acquisition 
        projects (sec. 2601)

    The House bill contained a provision (sec. 2601) that would 
authorize military construction projects for the Army National 
Guard for fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2601).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Authorized Army Reserve construction and land acquisition projects 
        (sec. 2602)

    The House bill contained a provision (sec. 2602) that would 
authorize military construction projects for the Army Reserve 
for fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2602).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Authorized Navy Reserve and Marine Corps Reserve construction and land 
        acquisition projects (sec. 2603)

    The House bill contained a provision (sec. 2603) that would 
authorize military construction projects for the Navy Reserve 
and Marine Corps Reserve for fiscal year 2009.
    The Senate bill contained an identical provision (sec. 
2603).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Authorized Air National Guard construction and land acquisition 
        projects (sec. 2604)

    The House bill contained a provision (sec. 2604) that would 
authorize military construction projects for the Air National 
Guard for fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2604).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Authorized Air Force Reserve construction and land acquisition projects 
        (sec. 2605)

    The House bill contained a provision (sec. 2605) that would 
authorize military construction projects for the Air Force 
Reserve for fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2605).
    The agreement includes this provision.
    The authorized amounts are listed in this provision on an 
installation-by-installation basis. A State list of projects 
contained in the table included in the joint explanatory 
statement provides the binding list of specific construction 
projects authorized at each location.

Authorization of appropriations, National Guard and Reserve (sec. 2606)

    The House bill contained a provision (sec. 2606) that would 
authorize appropriations for reserve component military 
construction projects for fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2606).
    The agreement includes this provision.

Modification of authority to carry out certain fiscal year 2008 project 
        (sec. 2607)

    The Senate bill contained a provision (sec. 2609) that 
would amend section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110-181) to increase the authorization for a project for 
the Army National Guard at North Kingstown, Rhode Island, by 
$5.0 million.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Extension of authorizations of certain fiscal year 2006 projects (sec. 
        2608)

    The House bill contained a provision (sec. 2607) that would 
extend the authorizations for certain Guard and reserve fiscal 
year 2006 military construction projects until October 1, 2009, 
or the date of enactment of an act authorizing funds for 
military construction for fiscal year 2010, whichever is later.
    The Senate bill contained an identical provision (sec. 
2607).
    The agreement includes that provision.

Extension of authorization of certain fiscal year 2005 project (sec. 
        2609)

    The House bill contained a provision (sec. 2608) that would 
extend the authorization for an Army National Guard fiscal year 
2005 military construction project in California until October 
1, 2009, or the date of enactment of an act authorizing funds 
for military construction for fiscal year 2010, whichever is 
later.
    The Senate bill contained an identical provision (sec. 
2608).
    The agreement includes this provision.

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES



[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

                       Subtitle A--Authorizations


Authorization of appropriations for base closure and realignment 
        activities funded through Department of Defense base closure 
        account 1990 (sec. 2701)

    The House bill contained a provision (sec. 2701) that would 
authorize appropriations for fiscal year 2009 for ongoing 
activities that are required to implement the decisions of the 
1988, 1991, 1993, and 1995 base realignment and closure (BRAC) 
rounds.
    The Senate bill contained an identical provision (sec. 
2701).
    The agreement includes this provision.

Authorized base closure and realignment activities funded through 
        Department of Defense base closure account 2005 (sec. 2702)

    The House bill contained a provision (sec. 2702) that would 
authorize military construction projects for fiscal year 2009 
that are required to implement the decisions of the 2005 Base 
Realignment and Closure (BRAC) round.
    The Senate bill included a similar provision (sec. 2702).
    The agreement includes this provision.
    The table included in the joint explanatory statement lists 
the specific projects authorized at each location.

Authorization of appropriations for base closure and realignment 
        activities funded through Department of Defense base closure 
        account 2005 (sec. 2703)

    The House bill contained a provision (sec. 2703) that would 
authorize appropriations for military construction projects for 
fiscal year 2009 that are required to implement the decisions 
of the 2005 Base Realignment and Closure (BRAC) round. This 
provision would also provide an overall limit on the amount 
authorized for BRAC military construction projects.
    The Senate bill contained a similar provision (sec. 2703).
    The agreement includes this provision.
    The State list contained in this joint explanatory 
statement is the binding list of the specific amounts 
authorized at each location.

        Subtitle B--Amendments to Base Closure and Related Laws


Modification of annual base closure and realignment reporting 
        requirements (sec. 2711)

    The House bill contained a provision (sec. 2712) that would 
modify the annual reporting requirements associated with the 
2005 round of the Defense Base Closure and Realignment Act of 
1990 (Public Law 101-510).
    The Senate bill contained a similar provision (sec. 2704).
    The agreement includes the House provision.

Technical corrections regarding authorized cost and scope of work 
        variations for military construction and military family 
        housing projects related to base closures and realignments 
        (sec. 2712)

    The House bill contained a provision (sec. 2713) that would 
make technical corrections to the Base Closure and Realignment 
Act notification requirements for cost and scope of work 
variations.
    The Senate bill contained a similar provision (sec. 2705).
    The agreement includes the House provision.

                       Subtitle C--Other Matters


Independent design review of National Naval Medical Center and military 
        hospital at Fort Belvoir (sec. 2721)

    The House bill contained a provision (sec. 2721) that would 
direct the Department of Defense to cease construction of the 
replacement facilities until the Secretary of Defense certifies 
the following items have been completed: a 90 percent 
construction design; an independent cost estimate to complete 
the realignment of the Walter Reed Army Medical Center; and a 
milestone schedule to complete the proposed realignment.
    The Senate bill contained no similar provision.
    The agreement includes a provision that would state 
congressional findings and would require an independent design 
review of the new medical facilities, a new cost estimate, and 
a schedule for the transition of operations to the new 
facilities. The agreement is not intended to cease construction 
of replacement facilities related to the closure of Walter Reed 
Army Medical Center.

Report on use of BRAC properties as sites for refineries or nuclear 
        power plants (sec. 2722)

    The House bill contained a provision (sec. 2722) that would 
require a study evaluating the feasibility of using military 
installations selected for closure under the base closure and 
realignment process as locations for the construction of 
petroleum or natural gas refineries or nuclear power plants.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                   Legislative Provision Not Adopted


Repeal of commission approach for development of recommendations in any 
        future round of base closures and realignments

    The House bill contained a provision (sec. 2711) that 
would, with respect to any future base closure round, repeal 
the independent commission that is provided for under the 
Defense Base Closure and Realignment Act of 1990 (Public Law 
101-510).
    The Senate bill contained no similar provision.
    The agreement does not include the provision.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes


Incorporation of principles of sustainable design in documents 
        submitted as part of proposed military construction projects 
        (sec. 2801)

    The House bill contained a provision (sec. 2801) that would 
require the Department of Defense to incorporate sustainable 
design concepts and life cycle analysis into a review of 
options that would be submitted with the annual budget 
documents.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Revision of maximum lease amount applicable to certain domestic Army 
        family housing leases to reflect previously made annual 
        adjustments in amount (sec. 2802)

    The House bill contained a provision (sec. 2803) that would 
increase the maximum lease amount available to Army family 
housing leases from $18,620 per unit to $35,000 per unit.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Use of military family housing constructed under build and lease 
        authority to house members without dependents (sec. 2803)

    The House bill contained a provision (sec. 2804) that would 
allow service members without dependents to be assigned to 
quarters leased pursuant to section 2835 of title 10, United 
States Code. This authority would also allow the conversion of 
the family housing units, previously provided by the build-to-
lease authority, to military unaccompanied housing.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Leasing of military family housing to Secretary of Defense (sec. 2804)

    The House bill contained a provision (sec. 2805) that would 
allow the Secretary of Defense to lease military family housing 
in the National Capital Region.
    The Senate bill contained a similar provision (sec. 2804).
    The agreement includes the Senate provision.

Improved oversight and accountability for military housing 
        privatization initiative projects (sec. 2805)

    The House bill contained a provision (sec. 2807) that would 
modify the existing privatization authorities and provide 
better visibility over, and management of privatization 
projects. Specifically, it would: require the Department of 
Defense to partner with the family housing developer; require 
100 percent performance and payment bonds; require competition 
for conveyance actions; repeal the authority to assign service 
members to privatized family housing; and require additional 
reporting associated with general and flag officer quarters.
    The House bill also contained a provision (sec. 2808) that 
would require a report on best business practices for the 
execution of housing privatization initiatives.
    The Senate bill contained a provision (sec. 2803) that 
would require enhanced oversight of, and reporting on, housing 
privatization projects. The provision would require greater 
interaction among the government and private entities involved 
in these projects, establish minimum bonding levels of 50 
percent, specify procedures to be used in the case of 
significant schedule or performance deficiencies, ensure that 
the Department of Defense maintains a database of entities that 
achieve unsatisfactory performance ratings on such projects, 
and require the Department to identify and establish 
regulations to implement best practices for monitoring the 
progress and performance of housing privatization projects.
    The agreement includes elements of the House and the Senate 
provisions.

Authority to use operation and maintenance funds for construction 
        projects inside the United States Central Command and United 
        States Africa Command areas of responsibility (sec. 2806)

    The House bill contained a provision (sec. 2802) that would 
extend the current use of operations and maintenance funds to 
meet urgent military construction requirements outside the 
United States for 1 year, through fiscal year 2009.
    The Senate bill contained a similar provision (sec. 2802) 
that would exempt projects in Afghanistan from the restriction 
against the use of this authority at installations where the 
Department of Defense anticipates having a long term presence. 
The Senate bill would also modify the quarterly reporting 
requirement on the use of this authority.
    The agreement includes the Senate provision with an 
amendment that would provide an additional $300.0 million of 
authority for fiscal year 2009 that would be available only for 
urgent operational requirements in Afghanistan. The agreement 
would also restrict the use of this authority to the Central 
Command and Africa Command areas of responsibility.

Cost-benefit analysis of dissolution of Patrick Family Housing LLC 
        (sec. 2807)

    The Senate bill contained a provision (sec. 2805) that 
would require the Secretary of the Air Force to submit to the 
congressional defense committees a cost-benefit analysis 
regarding the dissolution of the Patrick Family Housing LLC 
created in connection with the privatization of military family 
housing at Patrick Air Force Base, Florida, and would prohibit 
the Secretary from dissolving that entity until this analysis 
has been submitted.
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that requires the cost-benefit analysis be submitted 
within 30 days of the date of enactment of this Act, but would 
not restrict the dissolution of the LLC.

        Subtitle B--Real Property and Facilities Administration


Clarification of congressional reporting requirements for certain real 
        property transactions (sec. 2811)

    The House bill contained a provision (sec. 2811) that would 
clarify reporting requirements associated with civil works and 
other real estate transactions.
    The Senate bill contained a similar provision (sec. 2812).
    The agreement contains the Senate provision.

Authority to lease non-excess property of military departments and 
        Defense Agencies (sec. 2812)

    The House bill contained a provision (sec. 2812) that would 
modify the Department of Defense's leasing authority and 
restrict certain uses of that authority. Specifically, the 
Department would be limited to leases of less than 50 years, 
and would be limited on the use of proceeds derived from 
leases. Also, the secretaries concerned would be required to 
determine that property is not excess and would be required to 
provide expanded notifications to the congressional defense 
committees during the course of the lease review process. The 
House bill would also prohibit the acceptance of in-kind 
consideration for morale, welfare and recreation activities. 
Finally, the secretary would be required to submit a report 30 
days before the secretary enters into a lease that describes 
the agreement reached with the local municipality on taxation 
issues and further describes the proposed lessee payment.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that removes the restrictions on leases over 50 years 
and on receipt of in-kind consideration related to morale, 
welfare and recreation activities and makes other technical 
changes.

Modification of utility system conveyance authority (sec. 2813)

    The House bill contained a provision (sec. 2813) that would 
modify the existing utility privatization authorities and 
provide the secretary concerned the discretion to convey 
additional, discrete utility elements without competition to an 
existing utility privatization interest, if certain criteria 
are met.
    The Senate bill contained no similar provision.
    The agreement contains the House provision with an 
amendment to the criteria for conveyances of additional 
elements of a utility system.

Defense access roads (sec. 2814)

    The House bill included a provision (sec. 2815) that would 
require a needs assessment of the improvements needed in cases 
where the Secretary of Defense determines that a Department of 
Defense action has caused a significant transportation impact. 
The House bill would also require the Secretary of Defense to 
submit to the congressional defense committees and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that details the significant 
transportation impacts resulting from actions of the Department 
of Defense since January 1, 2005.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.
    The current Defense Access Road (DAR) eligibility criteria 
contained in the Federal-aid Policy Guide of the Federal 
Highway Administration do not consider the full range of 
transportation impacts or requirements. We are aware that the 
criteria currently do not account for safety and security 
concerns for local roads, even though certain DAR projects have 
been carried out in the past 5 years in order to correct 
significant deficiencies threatening the safety of military 
personnel. The Department of Defense is strongly encouraged to 
consider incorporating the standards put forth by the 
Transportation Research Board, which serves as an independent 
adviser to the President, Congress, and federal agencies on 
scientific and technical questions, in the Highway Capacity 
Manual. This manual contains state-of-the-art techniques for 
estimating road capacity and determining levels of service for 
transportation facilities and modes. These techniques have been 
adopted by the Federal Highway Administration as a basis for 
assessing road requirements based on current congestion and 
saturation levels for traffic flows on public roads.

Report on application of force protection and anti-terrorism standards 
        to gates and entry points on military installations (sec. 2815)

    The Senate bill contained a provision (sec. 2841) that 
would require the Secretary of Defense to submit to the 
congressional defense committees, not later than February 1, 
2009, a report on the implementation of Department of Defense 
anti-terrorism/force protection (AT/FP) standards for main 
gates or entry points of military installations.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.
    We recognize the importance of AT/FP measures for 
Department of Defense installations and facilities. We are 
concerned that adequate funding has not been requested to 
construct permanent facilities and infrastructure, including 
fences, physical anti-terrorism barriers, large vehicle 
inspection stations, and reinforced, blast-protected facilities 
for guards since updated AT/FP standards were adopted by the 
Department of Defense in 2003. Timely funding of these 
requirements is necessary to protect the safety and welfare of 
service members and their families. We expect the Department of 
Defense to include, in conjunction with this report, funding in 
the fiscal year 2010 budget and future-years defense program to 
ensure that main gates and entry points at military 
installations comply with AT/FP standards.

           Subtitle C--Provisions Related to Guam Realignment


Sense of Congress regarding military housing and utilities related to 
        Guam realignment (sec. 2821)

    The House bill contained a provision (sec. 2822) that would 
express the sense of Congress that the Special Purpose Entities 
proposed to support military family members in Guam should 
closely follow the model and standards associated with the 
privatized family housing initiative authorized by subchapter 
IV of chapter 169 of title 10, United States Code. Furthermore, 
it would express the sense of Congress that the military and 
civilian utility systems on Guam should be integrated to 
maximize effectiveness of the overall system.
    The Senate bill contained no similar provision.
    The agreement contains the House provision with an 
amendment that would modify the sense of Congress to state that 
any integration of the utility infrastructure should be subject 
to appropriate cost-sharing and quality standards.

Federal assistance to Guam (sec. 2822)

    The House bill contained a provision (sec. 2823) that would 
express the sense of Congress that the Secretary of Defense, in 
coordination with the Interagency Group on Insular Affairs, 
should enter into a memorandum of understanding with the 
Government of Guam to identify civilian infrastructure 
associated with the capabilities expansion on Guam.
    The House bill also contained a provision (sec. 2824) that 
would require the Comptroller General to submit a report on the 
status of interagency coordination related to the realignment 
of military forces in Guam.
    The Senate bill contained no similar provisions.
    The agreement modifies and combines the House provisions.

Eligibility of the Commonwealth of the Northern Mariana Islands for 
        military base reuse studies and community planning assistance 
        (sec. 2823)

    The House bill contained a provision (sec. 2827) that would 
authorize the Commonwealth of the Northern Mariana Islands to 
be eligible to receive military base reuse studies and 
community planning assistance.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Support for realignment of military installations and relocation of 
        military personnel on Guam (sec. 2824)

    The House bill contained a provision (sec. 2821) that would 
establish an account for the purposes of centralizing 
management and oversight of funding related to the realignment 
of military installations on Guam and the relocation of 
military personnel to Guam.
    The Senate bill contained no similar provision.
    The agreement contains the House provision with amendments 
to the procedures under which the fund would operate. The 
agreement also states the sense of Congress regarding the 
participation of United States firms in projects related to 
this relocation.

                      Subtitle D--Energy Security


Certification of enhanced use leases for energy-related projects (sec. 
        2831)

    The House bill contained a provision (sec. 2841) that would 
require that, if a proposed enhanced use lease involves a 
project related to energy production, and the term of the lease 
exceeds 20 years, the secretary of a military department may 
not enter into the lease until 30 days after the Secretary of 
Defense certifies to the congressional defense committees that 
the lease is consistent with the Department of Defense energy 
performance goals and the plan required by section 2911 of 
title 10, United States Code.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Annual report on Department of Defense installations energy management 
        (sec. 2832)

    The House bill contained a provision (sec. 2842) that would 
require the Secretary of Defense to report on efforts taken to 
meet the new energy goals set forth in the Energy Independence 
and Security Act of 2007 (Public Law 110-140) and on efforts to 
meet certification requirements for sustainable green-building 
standards for construction and major renovations.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would clarify that the report should describe 
Department of Defense efforts to meet the requirements in 
section 433 of Public Law 110-140.

                      Subtitle E--Land Conveyances


Land conveyance, former Naval Air Station, Alameda, California (sec. 
        2841)

    The House bill contained a provision (sec. 2851) that would 
require the Secretary of the Navy to convey the Former Naval 
Air Station, Alameda, California, to the Alameda Reuse and 
Redevelopment Authority, except those lands designated as 
public benefit conveyances and certain other surplus lands.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would permit rather than require the conveyance 
of the property and would make other technical changes 
regarding the form of the consideration for the property to be 
conveyed.

Transfer of administrative jurisdiction, decommissioned Naval Security 
        Group Activity, Skaggs Island, California (sec. 2842)

    The House bill contained a provision (sec. 2860) that would 
direct the Secretary of the Navy and the Secretary of the 
Interior to negotiate a memorandum of agreement that stipulates 
the conditions upon which the decommissioned Naval Security 
Group Activity, Skaggs Island, Sonoma, California would be 
transferred from the administrative jurisdiction of the 
Department of the Navy to the United States Fish and Wildlife 
Service for inclusion in the National Wildlife Refuge System.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Transfer of proceeds from property conveyance, Marine Corps Logistics 
        Base, Albany, Georgia (sec. 2843)

    The Senate bill contained a provision (sec. 2821) that 
would allow the Secretary of Defense to transfer the proceeds 
from the sale of the Boyett Village Housing Complex at the 
Marine Corps Logistics Base Albany, Georgia, into the Family 
Housing Improvement Fund for carrying out military family 
housing privatization activities.
    The House bill contained no similar provision.
    The agreement includes the Senate provision, but does not 
direct the Department of Defense to comply with the use of 
proceeds suggested in the Senate report.

Land conveyance, Sergeant First Class M.L. Downs Army Reserve Center, 
        Springfield, Ohio (sec. 2844)

    The House bill contained a provision (sec. 2855) that would 
authorize the Secretary of the Army to convey the Sergeant 
First Class M.L. Downs Army Reserve Center, Springfield, Ohio 
to the City of Springfield, Ohio for use for municipal 
government services.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Land conveyance, John Sevier Range, Knox county, Tennessee (sec. 2845)

    The House bill contained a provision (sec. 2856) that would 
authorize the Secretary of the Army to convey 124 acres known 
as the John Sevier Range in Knox County, Tennessee, to the 
State of Tennessee for use as a public firing range and for 
associated recreational activities.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

Land conveyance, Army property, Camp Williams, Utah (sec. 2846)

    The House bill contained a provision (sec. 2858) that would 
authorize the Secretary of the Army to convey 608 acres and 308 
acres, respectively, to the State of Utah for military use by 
the Utah National Guard at Camp Williams, Utah.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would add a condition to the conveyance and make 
other technical changes.

Extension of Potomac Heritage National Scenic Trail through Fort 
        Belvoir, Virginia (sec. 2847)

    The House bill contained a provision (sec. 2859) that would 
authorize the Secretary of the Army to enter into a revocable-
at-will easement with the Secretary of the Interior to provide 
land along the perimeter of Fort Belvoir, Virginia, to be used 
to extend the Potomac Heritage National Scenic Trail.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a 
clarifying amendment.

                       Subtitle F--Other Matters


Revised deadline for transfer of Arlington Naval Annex to Arlington 
        National Cemetery (sec. 2851)

    The House bill contained a provision (sec. 2871) that would 
extend the current deadline for the transfer of approximately 
36 acres of land at the Arlington Naval Annex to the Secretary 
of the Army for incorporation into Arlington National Cemetery 
from January 1, 2011, to no later than January 1, 2012.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Acceptance and use of gifts for construction of additional building at 
        National Museum of the United States Air Force, Wright-
        Patterson Air Force Base (sec. 2852)

    The House bill contained a provision (sec. 2873) that would 
authorize the Secretary of the Air Force to accept a gift from 
the Air Force Museum Foundation that would allow construction 
of the fourth building for the National Museum of the United 
States Air Force at Wright Patterson Air Force Base, Ohio.
    The Senate bill contained no similar provision.
    The agreement contains the House provision with an 
amendment that would require all funds used for design, 
construction, and contract management of the fourth building to 
come from gifts, or the proceeds of the investment of those 
gifts.

Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii 
        (sec. 2853)

    The House bill contained a provision (sec. 2875) that would 
direct the Secretary of the Navy to enter into a 2 year lease 
with the USS Missouri Memorial Association to use a pier on 
Ford Island, Hawaii.
    The Senate bill contained no similar provision.
    The agreement contains the House provision with an 
amendment that would require as a condition of the lease that 
the Navy be allowed the use of the ex-USS Missouri, and of the 
property leased to the Association, at no cost.

Use of runway at NASJRB Willow Grove, Pennsylvania (sec. 2854)

    The House bill contained a provision (sec. 1076) that would 
limit commercial use of the airfield at NASJRB Willow Grove, 
Pennsylvania.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Naming of health facility, Fort Rucker, Alabama (sec. 2855)

    The House bill contained a provision (sec. 2876) that would 
designate a health facility at Fort Rucker, Alabama, as the 
``Lyster Army/VA Health Clinic.''
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                   Legislative Provisions Not Adopted


Increase in threshold for unspecified minor military construction 
        projects

    The Senate bill contained a provision (sec. 2801) that 
would amend section 2805(a)(1) of title 10, United States Code, 
by raising the cost ceiling of a construction project 
authorized by this section from $2.0 million to $3.0 million. 
This provision would also eliminate the separate threshold for 
projects intended solely to correct deficiencies that are life-
threatening, health-threatening, or safety-threatening.
    The House bill contained no similar provision.
    The agreement does not include the Senate provision.

Repeal of reporting requirement in connection with installation 
        vulnerability assessments

    The House bill contained a provision (sec. 2806) that would 
repeal a reporting requirement regarding installation 
vulnerability assessments.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Modification of land management restrictions applicable to Utah 
        national defense lands

    The Senate bill contained a provision (sec. 2813) that 
would sunset the restrictions contained in section 2815 of the 
National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106-65) on October 1, 2013, and would also clarify the 
definition of Utah national defense lands in that Act.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Permanent authority to purchase municipal services for military 
        installations

    The House bill contained a provision (sec. 2814) that would 
extend the authority of the Secretary of the Army to purchase 
local government services for Department of Defense 
installations from the neighboring local governments to the 
other military departments. This provision would also make this 
authority permanent and would restrict the services that could 
be purchased to refuse collection and disposal.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Protecting private property rights during Department of Defense land 
        acquisitions

    The House bill contained a provision (sec. 2816) that would 
direct officials of the Department of Defense to make every 
effort to acquire real property by negotiation.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Energy and environmental design initiatives in Guam military 
        construction and installations

    The House bill contained a provision (sec. 2825) that would 
require that facilities constructed to support the military 
expansion at Guam have energy efficiencies and energy 
conservation measures incorporated into the overall design 
process. Specifically, this section would require that military 
construction projects on Guam incorporate Leadership in Energy 
and Environmental Design to achieve not less than the U.S. 
Green Building Council silver standard for new construction.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Department of Defense Inspector General report regarding Guam 
        realignment

    The House bill contained a provision (sec. 2826) that would 
require the Inspector General of the Department of Defense to 
submit a report to Congress within 180 days of the date of 
enactment of this Act on the efforts of the Inspector General 
to address potential waste and fraud associated with the 
realignment of military forces in Guam.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Prevailing wage applicable to Guam

    The House bill contained a provision (sec. 2828) that would 
make the requirements of subchapter IV of chapter 31 of title 
40, United States Code, applicable to military construction of 
any facilities on Guam.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

Expansion of authority of the military departments to develop energy on 
        military lands

    The Senate bill contained a provision (sec. 2831) that 
would enable the Secretary of Defense to enter long-term 
contracts for renewable energy from resources developed on 
military lands.
    The House bill contained no similar provision.
    The agreement does not include the provision.

Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, California

    The House bill contained a provision (sec. 2852) that would 
authorize the Secretary of the Air Force to convey 10 acres at 
the Norwalk Defense Fuel Supply Point to the City of Norwalk, 
California, for recreational purposes.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Land conveyance, former Naval Station, Treasure Island, California

    The House bill contained a provision (sec. 2853) that would 
direct the Secretary of the Navy to convey the former Naval 
Station Treasure Island, California, to the Treasure Island 
redevelopment authority.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Condition on lease involving Naval Air Station, Barbers Point, Hawaii

    The House bill contained a provision (sec. 2854) that would 
require the Secretary of the Navy and Ford Island Properties/ 
Hunt Development to enter into a memorandum of understanding 
with the Hawaii Community Development Authority to ensure that 
the development plan for real property to be conveyed at 
Barbers Point, Hawaii, conforms to Hawaii Community Development 
Authority land use controls.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

Land conveyance, Bureau of Land Management land, Camp Williams, Utah

    The House bill contained a provision (sec. 2857) that would 
direct the Secretary of the Interior to convey 431 acres to the 
State of Utah for military use by the Utah National Guard at 
Camp Williams, Utah.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

Decontamination and use of former bombardment area on island of Culebra

    The House bill contained a provision (sec. 2872) that would 
amend the Military Construction Authorization Act of 1974 
(Public Law 93-166) to remove restrictions on environmental 
remediation of the former bombardment area on the island of 
Culebra, Puerto Rico.
    The Senate bill contained no similar provision.
    The agreement does not include this provision.

Establishment of memorial to American Rangers at Fort Belvoir, Virginia

    The House bill contained a provision (sec. 2874) that would 
authorize the Secretary of the Army to permit the American 
Ranger Memorial Association, Inc., to establish and maintain a 
memorial at a suitable location at Fort Belvoir, Virginia.
    The Senate bill contained no similar provision.
    The agreement does not include the House provision.

      TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION 
                             AUTHORIZATIONS

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


                 Subtitle A--Fiscal Year 2008 Projects


Authorized Army construction and land acquisition projects (sec. 2901)

    The House bill contained a provision (sec. 2901) that would 
authorize war-related military construction projects for the 
Army.
    The Senate bill contained a similar provision (sec. 2901).
    The agreement includes this provision.
    The authorized amounts are listed on an installation-by-
installation basis in this provision. These authorizations are 
in addition to the projects and amounts authorized in title 
XXIX of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110-181).

Authorized Navy construction and land acquisition projects (sec. 2902)

    The House bill contained a provision (sec. 2902) that would 
authorize war-related military construction projects for the 
Navy.
    The Senate bill contained a similar provision (sec. 2902).
    The agreement includes this provision.
    The authorized amounts are listed on an installation-by-
installation basis in this provision. These authorizations are 
in addition to the projects and amounts authorized in title 
XXIX of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110-181).

Authorized Air Force construction and land acquisition projects (sec. 
        2903)

    The House bill contained a provision (sec. 2903) that would 
authorize war-related military construction projects of the Air 
Force.
    The Senate bill contained a similar provision (sec. 2903).
    The agreement includes the Senate provision.
    The authorized amounts are listed on an installation-by-
installation basis in this provision. These authorizations are 
in addition to the projects and amounts authorized in title 
XXIX of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110-181).

Authorized Defense Agencies construction and land acquisition projects 
        (sec. 2904)

    The House bill contained a provision (sec. 2904) that would 
authorize war-related military construction projects for the 
defense agencies.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that reduces the amounts authorized.

Termination of authority to carry out fiscal year 2008 Army projects 
        (sec. 2905)

    The House bill contained a provision (sec. 2905) that would 
repeal the project authorizations for military construction 
projects authorized in fiscal year 2008 for which no funds were 
appropriated.
    The Senate bill contained a similar provision (sec. 2904).
    The agreement includes this provision.

                 Subtitle B--Fiscal Year 2009 Projects


Authorized Army construction and land acquisition projects (sec. 2911)

    The Senate bill contained a provision (sec. 2911) that 
would authorize $450.0 million for military construction 
projects for the Army for fiscal year 2009. The Senate 
provision would provide additional funding for warrior 
transition unit facilities, primarily barracks. The funding 
would be available 14 days after the Secretary of Defense 
submits a report to Congress with a description and 
justification of the specific projects to be funded.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Authorized Navy construction and land acquisition projects (sec. 2912)

    The Senate bill contained a provision (sec. 2912) that 
would authorize $50.0 million in military construction projects 
for the Navy for fiscal year 2009. The Senate provision would 
provide additional funding for warrior transition unit 
facilities, primarily barracks. The funding would be available 
14 days after the Secretary of Defense submits a report to 
Congress with a description and justification of the specific 
projects to be funded.
    The House bill contained no similar provision.
    The agreement includes this provision.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations


Overview

    Title XXXI authorizes appropriations for atomic energy 
defense activities of the Department of Energy for fiscal year 
2009, including: the purchase, construction, and acquisition of 
plant and capital equipment; research and development; nuclear 
weapons activities; nuclear nonproliferation activities; naval 
nuclear propulsion; environmental cleanup; operating expenses; 
and other expenses necessary to carry out the purposes of the 
Department of Energy Organization Act (Public Law 95-91). This 
title authorizes appropriations in five categories: (1) 
National Nuclear Security Administration (NNSA); (2) defense 
environmental cleanup; (3) other defense activities; (4) 
defense nuclear waste disposal; and (5) energy security and 
assurance.
    The budget request for atomic energy defense activities at 
the Department of Energy included $16.0 billion for atomic 
energy defense activities, a 5.6 percent increase above the 
fiscal year 2008 appropriated level. Of the total amount 
requested:
          (1) $9.1 billion is for NNSA, of which
                  (a) $6.6 billion is for weapons activities,
                  (b) $1.2 billion is for defense nuclear 
                nonproliferation activities,
                  (c) $828.1 million is for naval reactors, and
                  (d) $404.1 million is for the Office of the 
                Administrator;
          (2) $5.3 billion is for defense environmental 
        cleanup;
          (3) $1.3 billion is for other defense activities; and
          (4) $247.4 million is for defense nuclear waste 
        disposal.
    The budget request also included $7.6 million for energy 
security and assurance within energy supply.
    We agree to authorize $16.1 billion for atomic energy 
defense activities, an increase of $143.2 million above the 
budget request.
    Of this amount, we authorize:
          (1) $9.8 billion for NNSA, of which
                  (a) $6.6 billion would be for weapons 
                activities, a decrease of $7.0 million below 
                the budget request,
                  (b) $1.9 billion would be for defense nuclear 
                nonproliferation, an increase of $648.2 million 
                above the budget request,
                  (c) $828.1 million would be for naval 
                reactors, the amount of the budget request, and
                  (d) $404.0 million would be for the Office of 
                the Administrator, the amount of the budget 
                request;
          (2) $5.3 billion would be for defense environmental 
        cleanup activities, the amount of the budget request;
          (3) $826.5 million would be for other defense 
        activities, a decrease of $487.0 million below the 
        amount of the budget request; and
          (4) $222.4 million would be for defense nuclear waste 
        disposal, a reduction of $25.0 million below the amount 
        of the budget request.
    We agree to authorize $7.6 million for energy security and 
assurance, the amount of the budget request.
    The following table summarizes the budget request and the 
authorizations:

                     Legislative Provisions Adopted


[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


National Nuclear Security Administration (sec. 3101)

    The House bill contained a provision (sec. 3101) that would 
authorize $9.3 billion for the activities of the National 
Nuclear Security Administration (NNSA) for fiscal year 2009, an 
increase of $204.7 million above the budget request.
    The Senate bill contained a similar provision (sec. 3101) 
that would authorize $9.6 billion for the activities of the 
NNSA for fiscal year 2009, an increase of $544.6 million above 
the budget request.
    The agreement includes a provision (sec. 3101) that would 
authorize $9.8 billion, an increase of $655.2 million above the 
budget request.
    Within NNSA, the provision would authorize $6.6 billion for 
weapons activities, a decrease of $7.0 million; $1.9 billion 
for defense nuclear nonproliferation, an increase of $648.2 
million; $828.1 million for naval reactors, the amount of the 
budget request, and $404.1 million for the Office of the 
Administrator, the amount of the request.
    The budget request included $6.6 billion for weapons 
activities. The provision would authorize $6.6 billion, a 
decrease of $7.0 million below the budget request. The budget 
request included $10.0 million for the Reliable Replacement 
Warhead, no funds are provided for this item. The provision 
would authorize an increase of $5.0 million above the budget 
request for weapons dismantlement and disposition and a 
decrease of $20.0 million below the budget request for pit 
manufacturing. Within campaigns, the provision would authorize 
a reduction of $5.0 million below the budget request for test 
readiness, an increase of $5.0 million above the budget request 
for enhanced surety, an increase of $3.0 million above the 
budget request for enhanced surveillance, an increase of $14.6 
million above the budget request for inertial confinement 
fusion, and a decrease of $10.0 million below the budget 
request for tritium readiness. Within readiness in technical 
base and facilities, the provision would authorize an increase 
of $1.0 million above the budget request, which includes an 
increase of $10.0 million above the budget request for the 
Lawrence Livermore National Laboratory, an increase of $10.0 
million above the budget request for the Pantex Plant, and a 
decrease of $19.0 million for the Kansas City Plant. We note 
that the $19.0 million reduction for the Kansas City Plant is 
without prejudice. The provision provides an additional $23.4 
million above the budget request for defense nuclear security.
    The budget request included $1.2 billion for defense 
nuclear nonproliferation. The provision would authorize $1.9 
billion for defense nuclear nonproliferation, an increase of 
$648.2 million, including $487.0 million transferred from 
nuclear energy for the mixed oxide fuel fabrication facility. 
The provision would include an increase of $25.0 million above 
the budget request for the Nonproliferation and Verification 
Research and Development program including technologies to 
support improved nuclear material forensic and attribution 
capabilities and seismic research. The provision would 
authorize a reduction of $5.8 million for the Nonproliferation 
and International Security (NIS) program, of which $5.0 million 
shall be applied to the Global Initiatives for Proliferation 
(GIPP) Prevention and the balance shall be applied across the 
NIS as a reduction for Global Nuclear Energy Partnership 
activities including GIPP. The provision would authorize an 
increase of $22.0 million above the budget request for the 
International Nuclear Materials and Cooperation program to 
secure nuclear weapons and weapons materials outside the United 
States. Funding for the mixed oxide fuel fabrication facility, 
$467.8 million, and $19.2 million for operations and 
maintenance for the U.S. surplus fissile materials disposition, 
has been moved from nuclear energy back to the NNSA to reflect 
that this is a nonproliferation program. The NNSA is the 
responsible entity within the Department of Energy to manage 
nonproliferation programs. The provision would authorize an 
increase of $120.0 million above the budget request for the 
Global Threat Reduction Initiative for highly enriched uranium 
reactor conversion, to secure domestic research and test 
reactors, to secure and remove U.S. origin high risk 
radiological sources, to secure and remove international high 
risk radiological sources, and to dispose of U.S. origin highly 
enriched uranium located outside the United States.
    The budget request included $828.1 million for naval 
reactors. The provision would authorize the amount of the 
budget request.
    The budget request included $404.1 million for the Office 
of the Administrator. The provision would authorize the amount 
of the budget request.

Defense environmental cleanup (sec. 3102)

    The Senate bill contained a provision (sec. 3102) that 
would authorize $5.3 billion for environmental defense cleanup 
activities, the amount of the budget request.
    The House bill contained a similar provision (sec. 3102) 
that would authorize $5.3 billion, an increase of $20 million 
above the budget request.
    The agreement includes the Senate provision that would 
authorize $5.3 billion, the amount of the budget request.
    The agreement would authorize a number of projects not 
included in the budget request. The Department of Energy (DOE) 
has identified these projects as unfunded and not included in 
the budget request but necessary to meet environmental cleanup 
commitments and requirements. Due to the uncertainty of the 
appropriations process for fiscal year 2009, the agreement 
would authorize these additional projects but offset the amount 
of the cost of the additional projects through the use of prior 
year balances. This will allow the DOE discretion and 
flexibility in implementing these additional projects should 
additional appropriated funds be available. In the event that 
additional funds are not available, the DOE would retain the 
flexibility to implement these projects with prior year 
balances, or through reprogramming actions should the decision 
be made to do so. We view implementation of the additional 
projects as being within the discretion of the Secretary.
    Funding for these projects is authorized by site and by 
account. The increases for the sites and accounts are as 
follows: Fernald, $13.5 million; 2012 completion projects at 
the Hanford Site, $89.5 million; 2035 completion projects at 
the Hanford Site, $45.0 million; Idaho National Laboratory, 
$40.0 million; National Nuclear Security Administration (NNSA) 
sites $85.101, which includes $5.0 million for NNSA/SPRU, $10.0 
million for Nevada, $3.0 million for Sandia National 
Laboratory, and $67.1 million for Los Alamos National 
Laboratory; Oak Ridge reservation, $25.0 million; Office of 
River Protection, $53.0 million; 2035 completion projects at 
the Savannah River Site, $58.5 million; Waste Isolation Pilot 
Project, $18.7 million; and safeguards and security at the 
Hanford Site, $8.2 million.

Other defense activities (sec. 3103)

    The Senate bill contained a provision (sec. 3103) that 
would authorize $826.5 million for other defense activities, a 
decrease of $487.0 million.
    The House bill contained a similar provision (sec. 3103) 
that would authorize $1.3 billion for other defense activities, 
an increase of $8.0 million.
    The agreement includes the Senate provision.
    The amount authorized is a decrease of $487.0 million from 
the amount of the budget request. We recommend: $446.9 million 
for health, safety, and security, the amount of the budget 
request; $186.0 million for legacy management, the amount of 
the request; $6.6 million for the Office of Hearings and 
Appeals; and $78.8 million for nuclear energy, a decrease of 
$487.0 million from the budget request. We recommend that the 
$487.0 million included in the budget request for other defense 
activities for the mixed oxide fuel fabrication facility be 
transferred to the National Nuclear Security Administration.

Defense nuclear waste disposal (sec. 3104)

    The House bill contained a provision (sec. 3104) that would 
authorize $247.4 million for defense nuclear waste disposal, 
the amount of the budget request.
    The Senate bill contained a similar provision (sec. 3104) 
that would authorize $197.4 million for defense nuclear waste 
disposal, a reduction of $50.0 million below the budget 
request.
    The agreement includes the House provision with an 
amendment that would authorize $222.4 million for defense 
nuclear waste disposal, a reduction of $25.0 million below the 
budget request.

Energy security and assurance (sec. 3105)

    The House bill contained a provision (sec. 3105) that would 
authorize $7.6 million for energy security and assurance at the 
Department of Energy.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

   Subtitle B--Program Authorizations, Restrictions, and Limitations


Modification of functions of Administrator for Nuclear Security to 
        include elimination of surplus fissile materials usable for 
        nuclear weapons (sec. 3111)

    The Senate bill contained a provision (sec. 3111) that 
would amend section 2402(b)(1) of title 50, United States Code, 
by adding a new paragraph assigning responsibility for 
elimination of surplus fissile materials usable for nuclear 
weapons to the Administrator for Nuclear Security.
    The House bill contained no similar provision.
    The agreement includes the Senate provision.

Limitation on funding for project 04-D-125 Chemistry and Metallurgy 
        Research Replacement facility project, Los Alamos National 
        Laboratory, Los Alamos, New Mexico (sec. 3112)

    The House bill provided full funding for project 04-D-125, 
the chemistry and metallurgy research replacement (CMRR) 
facility project at the Department of Energy Los Alamos 
National Laboratory.
    The Senate bill provided $50.2 million for CMRR, a 
reduction of $50.0 million from the budget request.
    The agreement includes a provision that would authorize 
$100.2 million for the CMRR, the amount of the budget request, 
but would prohibit the Administrator of the National Nuclear 
Security Administration (NNSA) from obligating more than $50.2 
million of the CMRR funding until 15 days after the 
Administrator and the Defense Nuclear Facilities Safety Board 
have each certified to the congressional defense committees 
that the issues associated with the design of the safety class 
systems at the CMRR and seismic related design issues have been 
resolved.

Nonproliferation and national security scholarship and fellowship 
        program (sec. 3113)

    The Senate bill contained a provision (sec. 3114) that 
would direct the Administrator of the National Nuclear Security 
Administration (NNSA) to establish a nonproliferation 
scholarship program. The scholarship program would be available 
to both undergraduate and graduate students in disciplines to 
be determined by the NNSA administrator. A student would be 
required to work as a Federal Government employee or as a 
laboratory employee for 1 year for each year that the student 
received support under the program.
    The House bill contained a similar provision (sec. 3113(a)) 
that would establish a fellowship program for graduate students 
in nuclear chemistry.
    The agreement includes the Senate provision with an 
amendment that would direct the NNSA Administrator to establish 
a scholarship program for nonproliferation and national 
security programs at the Department of Energy. The provision 
would authorize $3.0 million from funds available to the 
Administrator to be used for the scholarship program in fiscal 
year 2009.
    There is concern that experts in certain technical areas 
critical to nonproliferation and national security programs, 
such as radio-chemistry, are increasingly difficult for the 
NNSA and the Department of Energy laboratories to attract and 
retain.

Enhancing nuclear forensics capabilities (sec. 3114)

    The House bill contained a provision (sec. 3113) that would 
establish a fellowship program for graduate students in nuclear 
chemistry and direct the Administrator of the National Nuclear 
Security Administration (NNSA) to prepare and carry out a 
research and development plan to improve the speed and accuracy 
of nuclear forensics radiation measurement equipment. In 
addition, the provision would direct the Secretary of Energy to 
prepare a research and development plan to support technical 
forensics and attribution capabilities, including an 
international database on nuclear material to allow prompt 
attribution of material or weapons.
    The provision would also amend the report on nuclear 
forensics capabilities required to be submitted by section 
3129(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181) to include a requirement to 
identify any treaty, legislative, or regulatory actions needed 
to establish the international database. The provision would 
also direct the Secretary of Defense, in consultation with the 
Secretary of Energy and Homeland Security, to submit a report 
with respect to a nuclear forensics advisory panel.
    The provision would also require a series of reports 
including, a report on the costs of the fellowship program; a 
research and development plan with the costs to implement the 
plan; a report on the research and development plan for 
technical capabilities to enhance forensics and attribution; 
and a report on the involvement of senior Executive Branch 
leadership in nuclear terrorism preparedness exercises.
    The Senate bill contained a provision (sec. 3114) that 
would establish a nonproliferation scholarship and fellowship 
program.
    The agreement includes the House provision with an 
amendment that would direct the Secretary of Energy to 
establish, prepare and implement a research and development 
plan to improve nuclear forensics capabilities in the 
Department of Energy (DOE) and at the DOE national 
laboratories. The Secretary of Energy should ensure that the 
House Committee on Science and Technology receives a copy of 
the report.
    In addition, the amendment would amend the report on 
nuclear forensics capabilities required to be submitted by 
section 3129(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) to include a requirement 
to identify any treaty, legislative, or regulatory actions 
needed to establish the international database.
    The amendment would also direct the President to submit a 
report to the appropriate congressional committees on the 
involvement of senior level Executive Branch leadership in 
nuclear terrorism exercises including nuclear forensics 
analysis.
    Elsewhere in the agreement there is a separate provision 
that would establish a scholarship and fellowship program for 
nonproliferation and national security.

Utilization of contributions to International Nuclear Materials 
        Protection and Cooperation program and Russian Plutonium 
        Disposition program (sec. 3115)

    The House bill contained a provision (sec. 3111) that would 
establish the authority of the Secretary of Energy, in 
consultation with the Secretary of State, to enter into 
agreements with any person, including a foreign government or 
entity, which the Secretary of Energy considers appropriate, to 
accept funds to assist with the disposition of excess Russian 
plutonium as part of the Russian Plutonium Disposition program. 
Contributed funds would be maintained in a separate account in 
the Treasury, and would be returned to the donor if not used in 
5 years. The provision would also require the Secretary of 
Energy to submit a report on the receipt and use of funds. The 
authority provided in the provision would terminate on December 
31, 2013.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that would modify existing authority that allows the 
Department of Energy (DOE) to accept contributions for other 
nonproliferation programs to allow DOE to accept contributions 
for the Russian Plutonium Disposition Program and for the 
International Nuclear Materials Protection and Cooperation 
Program. The DOE authority to accept contributions for these 
nonproliferation programs would expire on December 31, 2015.

Review of and reports on Global Initiatives for Proliferation 
        Prevention program (sec. 3116)

    The Senate bill contained a provision (sec. 3115) that 
would direct the Administrator of the National Nuclear Security 
Administration (NNSA) to conduct a review of the Global 
Initiatives for Proliferation Prevention (GIPP) program and 
submit a report on the review to the congressional defense 
committees no later than February 1, 2009.
    The report would include a description of the goals for the 
GIPP program and the criteria for partnership projects together 
with recommendations regarding the future of projects in Russia 
and the other countries of the former Soviet Union as well as 
plans for projects in countries other than the former Soviet 
Union. In addition, the report would include a plan for 
completing all projects in the countries of the former Soviet 
Union by 2012.
    The provision would also restrict funds associated with the 
Global Nuclear Energy Partnership (GNEP).
    The House bill contained no similar provision.
    The agreement includes the Senate provision with an 
amendment that would change the due date of the report to 
October 1, 2009, and that would require a plan and criteria for 
completing all partnership projects under the program, not just 
in the countries of the former Soviet Union. In addition, 
recognizing that each country has different needs and presents 
different opportunities for partnerships, the agreement does 
not include a deadline by which projects have to be completed.
    The GNEP funding restriction is addressed in a separate 
provision.
    We appreciate the GIPP program information recently 
provided by the NNSA and the NNSA efforts to continue to 
strengthen the management, implementation and oversight of the 
program. This additional attention and oversight by the NNSA 
will ensure that the GIPP program achieves its intended 
nonproliferation objectives, and will address the concerns the 
Government Accountability Office has raised about the GIPP 
program. We also are encouraged that NNSA is reducing 
unobligated and uncosted balances in GIPP program funding and 
will re-baseline the program by December 2008 as part of its 
Strategic Plan.

Limitation on availability of funds for Global Nuclear Energy 
        Partnership (sec. 3117)

    The Senate bill contained a provision (sec. 3115(c)) that 
would prohibit funds authorized to be appropriated for defense 
nuclear nonproliferation and available for use in the Global 
Initiatives for Proliferation Prevention program from being 
used to support the Global Nuclear Energy Partnership (GNEP).
    The House bill contained no similar provision. House Report 
110-652 did not support using any defense nuclear 
nonproliferation funds for GNEP.
    The agreement includes the Senate provision with an 
amendment that would allow no more than $3.0 million of the 
funds authorized to be appropriated by section 3101(a)(2) for 
defense nuclear nonproliferation to be used for projects 
specifically designed for the GNEP. None of the $3.0 million 
amount shall be obligated until 30 days after the Administrator 
of the National Nuclear Security Administration (NNSA) submits 
to Congress a report describing in detail the amount proposed 
to be used for GNEP and the specific activities that would be 
funded.
    The agreement specifies that the $3.0 million is available 
to be used for nonproliferation risk assessments relating to 
the GNEP and related work on export control reviews.

                          Subtitle C--Reports


Extension of deadline for Comptroller General report on Department of 
        Energy protective force management (sec. 3121)

    The House bill contained a provision (sec. 3112) that would 
extend the due date for the Comptroller General to complete a 
report on the management of the Department of Energy protective 
forces to March 1, 2009.
    The Senate bill contained no similar provision.
    The agreement contains the House provision.

Report on compliance with Design Basis Threat issued by the Department 
        of Energy in 2005 (sec. 3122)

    The Senate amendment contained a provision (sec. 3112) that 
would direct the Secretary of Energy to submit a report on the 
progress made by the Department of Energy (DOE) to achieve 
compliance with the requirements of the 2005 design basis 
threat (DBT) for each DOE site with Category I nuclear 
materials. The DBT establishes the physical security 
requirements for each DOE site. This report would be a follow-
on report to the 2006 DBT report, which laid out a plan for 
each site to either be compliant by 2008 or obtain a waiver. 
The provision would also direct the Secretary to conduct an 
assessment of the 2005 DBT and to identify any necessary 
modifications, updates, or revisions to the 2005 DBT. The 
committee is concerned that several sites may not be in 
compliance with the 2005 DBT by the end of 2008.
    The House bill contained no similar provision.
    The agreement contains the Senate provision.

Modification of submittal of reports on inadvertent releases of 
        restricted data (sec. 3123)

    The Senate bill (sec. 3113) contained a provision that 
would amend section 2672 of title 50, United States Code, to 
make the annual report on inadvertent releases of restricted 
data due every other year rather than annually. The provision 
would further amend section 2672 to change the frequency of the 
report that the Secretary of Energy submits to Congress to 
identify the plans of various federal agencies to prevent the 
inadvertent release of restricted data. The provision would 
modify the frequency of the Department of Energy review of the 
agencies' plans from periodic, which has been treated by the 
Secretary as an annual requirement, to once every 2 years.
    The House bill contained no similar provision.
    The agreement contains the provision.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Authorization (sec. 3201)

    The House bill contained a provision (sec. 3201) that would 
authorize $25.5 million for the activities of the Defense 
Nuclear Facilities Safety Board, the amount of the budget 
request.
    The Senate bill contained a similar provision (sec. 3201) 
that would authorize $29.0 million for the activities of the 
Defense Nuclear Facilities Safety Board, an increase of $3.5 
million above the amount of the budget request.
    The agreement includes the House provision.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Authorization of appropriations (sec. 3401)

    The House bill contained a provision (sec. 3401) that would 
authorize $19.1 million for the operation and maintenance of 
the Naval Petroleum and Oil Shale Reserves.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

                  TITLE XXXV--MARITIME ADMINISTRATION

                     Legislative Provisions Adopted


Authorization of appropriations for fiscal year 2009 (sec. 3501)

    The House bill contained a provision (sec. 3501) for the 
authorization of appropriations for the Maritime Administration 
of the Department of Transportation for fiscal year 2009.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with clarifying 
amendments for capital improvements at the United States 
Merchant Marine Academy and maintenance and repair of school 
ships of the various State Maritime Academies.

Limitation on export of vessels owned by the Government of the United 
        States for the purpose of dismantling, recycling, or scrapping 
        (sec. 3502)

    The House bill contained a provision (sec. 3502) that would 
place limits on the export of vessels owned by the United 
States government for the purpose of scrapping or recycling in 
foreign shipyards.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Student incentive payment agreements (sec. 3503)

    The House bill contained a provision (sec. 3503) that would 
raise the maximum yearly incentive payment for students at the 
various state maritime academies from $4,000 to $8,000 per 
year.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Riding gang member requirements (sec. 3504)

    The House bill contained a provision (sec. 3504) that would 
amend section 1018 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364) to 
require that riding gang members of vessels engaged in the 
carriage of cargo for the Department of Defense possess a 
merchant mariners' document issued under chapter 73 of title 
46, United States Code, or a transportation security card 
issued under section 70105 of such title. In addition, the 
provision clarifies those personnel onboard such vessels at the 
direction of the Secretary of Defense shall not be classified 
as riding gang members under section 8106 of title 46, United 
States Code.
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Maintenance and repair reimbursement program for the maritime security 
        fleet (sec. 3505)

    The House bill contained a provision (sec. 3505) that would 
direct the Administrator of the Maritime Administration to seek 
to enter into agreements for the maintenance and repair pilot 
program as authorized by section 5301 of title 46 United States 
Code, as amended by section 3503 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163).
    The Senate bill contained no similar provision.
    The agreement includes the House provision.

Temporary program authorizing contracts with adjunct professors at the 
        United States Merchant Marine Academy (sec. 3506)

    The House bill contained a provision (sec. 3506) that would 
grant temporary authority to the Administrator of the Maritime 
Administration to enter into contracts with Adjunct Professors 
at the United States Merchant Marine Academy.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with an 
amendment that grants temporary authority to the Administrator 
to transition employees of the Academy's Non-Appropriated 
Funded Instrumentalities (NAFIs) to the General Schedule. In 
addition, the amendment would grant authority to the 
Administrator to accept and use conditional or unconditional 
gifts of money or property for the benefit of the Academy.

Actions to address sexual harassment and violence at the United States 
        Merchant Marine Academy (sec. 3507)

    The agreement includes a provision that would direct the 
Secretary of Transportation to direct the Superintendent of the 
United States Merchant Marine Academy to prescribe a policy on 
sexual harassment and sexual violence applicable to the cadets 
and other personnel of the Academy.

Assistance for small shipyards and maritime communities (sec. 3508)

    The agreement includes a provision that would repeal 
section 3506 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163) and add a new section in 
chapter 541 of title 46, United States Code, for assistance to 
small shipyards and maritime communities clarifying the 
program's intent to provide assistance to projects that would 
be effective in fostering efficiencies and enhancing employee 
technical skills.

Marine war risk insurance (sec. 3509)

    The agreement includes a provision that would extend the 
authorities granted in section 53912 of title 46, United States 
Code, to December 31, 2015.

MARAD consultation on Jones Act Waivers (sec. 3510)

    The agreement includes a provision that would require that 
the head of any agency responsible for the administration of 
the navigation or vessel-inspection laws to obtain a 
determination from the Administrator of the Maritime 
Administration, acting in the capacity as Director, National 
Shipping Authority, that sufficient United States flag capacity 
does not exist to meet national defense requirements prior to 
any waiver of those laws.

Transportation in American vessels of government personnel and certain 
        cargoes (sec. 3511)

    The agreement includes a provision to amend section 55305 
of title 46, United States Code, to clarify the requirements of 
that section with respect to the transportation of government 
personnel and cargo in American vessels.

Port of Guam improvement enterprise program (sec. 3512)

    The House bill contained a provision (sec. 2829) that would 
create a Port of Guam Improvement Enterprise Program to provide 
for the planning, design, and construction of projects for the 
Port of Guam to improve facilities, relieve port congestion, 
and provide greater access to port facilities.
    The Senate bill contained no similar provision.
    The agreement includes the House provision with a technical 
amendment.

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    [Note from the Director of Legislative Operations: The 
following text is an addendum to the Joint Explanatory 
Statement as printed in the Congressional Record on September 
24, 2008]

    Mr. SKELTON. Mr. Speaker, pursuant to H. Res. 1476, which 
the House adopted yesterday, I submit an addendum to the Joint 
Explanatory Statement which I entered into the Record 
yesterday.
    Due to administrative error, a number of Member requests 
were not included in the transparency table in yesterday's 
submission.


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