Congressional Record, Volume 154 Issue 85 (Thursday, May 22, 2008)

[Congressional Record Volume 154, Number 85 (Thursday, May 22, 2008)]
[House]
[Pages H4656-H4763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

The SPEAKER pro tempore (Ms. DeGette). Pursuant to House Resolution
1218 and rule XVIII, the Chair declares the House in the Committee of
the Whole House on the state of the Union for the further consideration
of the bill, H.R. 5658.

{time} 1344

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 5658) to authorize appropriations for fiscal year 2009
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 2009, and for other
purposes, with Mr. Serrano (Acting Chairman) in the chair.
The Clerk read the title of the bill.
Mr. HOYER. Mr. Chairman, I first want to recognize Congressman Ike
Skelton, Chairman of the Armed Services Committee. I know how
tirelessly he's worked to put this authorization bill together; and
more than that, I know that no one in this House is a more dedicated
advocate for our men and women in uniform.
This bill passed out of committee unanimously, and I expect it to
pass the full House overwhelmingly, as well. That's because it's a bill
that begins to repair our military while putting the needs of our
troops first, a bill that responds to the Armed Forces' immense
challenges while keeping them on the cutting edge. Let me touch on a
few of its key provisions.
First, it authorizes $70 billion for operations in Iraq, Afghanistan,
and the war on terrorism. No doubt, an overwhelming majority of the
American public would agree that our mission in Iraq has been marred by
gross errors of judgment from our highest-ranking civilian officials,
unending bloodshed, and a chronic lack of political progress. But at
the same time, 150,000 American troops are still on the ground in the
midst of that violence, they have done everything our Nation has asked
of them, and I believe they must have the resources they need to defend
themselves and try to stabilize Iraq. This bill recognizes that
reality, and it includes funds to keep our troops safer under fire:
funds for Mine Resistant Ambush Protected Vehicles, up-armored Humvees,
and personal body armor.
Second, this bill acknowledges the tremendous debt we owe our troops
in this time of war. And the bill's military pay raise--a higher raise
than the president requested--is a small way of beginning to pay that
debt back. It also protects their access to health care by keeping down
medical fees for our troops and retirees.
Third, this bill begins to restore our Nation's military readiness.
With our forces stretched to the breaking point, Army National Guard
units have, on average, less than two thirds of their required
equipment. Army Vice Chief of Staff Richard Cody has testified that the
Army ``no longer has fully ready combat brigades on standby should a
threat or conflict occur.'' That is simply too dangerous a risk to
take. I'm glad that this bill takes some steps to mitigate it,
authorizing nearly $2 billion for unfunded readiness initiatives, $800
million for National Guard and Reserve equipment, and larger active
duty forces: 7,000 new soldiers, 5,000 more Marines, and more than
1,000 new sailors.
Fourth and finally, this bill's investments in high-tech equipment
will keep our military the world's most advanced. It includes funding
for next-generation fighters, like the F/A-22 Raptor and the F-35 Joint
Strike Fighter; for advanced Navy vessels, from small littoral combat
ships to new attack submarines; and for the initial deployment of a
national missile defense system. At the same time, I realize that
spending on this scale always opens the possibility of waste and abuse;
that's why I'm grateful that this bill also comes equipped with
increased congressional oversight of Defense acquisition programs.
Mr. Speaker, never in recent memory has our military been so worn
down. The road back to readiness will be long and hard--but it can
begin today. I urge my colleagues to support this vital piece of
legislation--vital for our troops and our families, and equally vital
for our Nation's security.
Mr. DINGELL. Mr. Chairman, I rise today in support of the Department
of Defense (DOD) Authorization Act for Fiscal Year 2009. This
legislation achieves a number of very important goals. First and
foremost, it provides our troops and their families with the support
they need. This includes a military a pay raise of 3.9 percent, which
is larger than that requested by the President, a prohibition against
fee increases for the military health care program known as TRICARE, an
expansion of available health care services, and improved support for
military families.
The bill also helps protect our troops by improving military
readiness, and providing them with the equipment they need to keep them
safe. The bill authorizes nearly $2 billion for unfunded readiness
initiatives, and authorizes $800 million to provide the National Guard
and Reserve, which are terribly stretched thin due to repeated
deployments to Iraq, equipment they critically need. It also authorizes
$2.6 billion for additional Mine Resistant Ambush Protected (MRAP)
vehicles, $947 million for additional Up-Armored Humvees, and $783
million for the continued procurement and enhancement of personal body
armor. This is equipment that will save countless lives in Iraq.
Finally, this legislation includes provisions making important
changes to the government contracting system and adds increased
accountability for those who are working for the government in Iraq.
This bill reforms the DOD acquisition process, provides for a better
trained acquisition workforce, and cracks down on conflicts of interest
in defense contracts.
I want to thank my friend and colleague Chairman Skelton for his hard
work on this legislation. It has always been the bipartisan goal of the
Congress to ensure that the United States military is the best trained,
best equipped, and most capable fighting force in the world. This
legislation accomplishes those goals, and has my strong support.
Mr. KIND. Mr. Chairman, I rise today in support of H.R. 5658, the
National Defense Authorization Act for Fiscal Year 2009.
I would like to start by commending the outstanding service provided
by our men and women in the armed forces and thanking them for the
terrific job they do for us across the globe each and every day, often
in very difficult and dangerous circumstances. In return, I believe it
is our duty as Congress to provide our troops with the support and
resources they need to do their job as safely and effectively as
possible. It is a credit to Chairman Skelton and Ranking Member Hunter
that we have been able to fulfill this important obligation with strong
bipartisan support.
I especially thank the committee for addressing an issue of
particular importance to me and one of my constituents in this
legislation. During a 15-month deployment in Afghanistan, U.S. Army
Sergeant Jeff Frawley endured extremely harsh conditions in the
mountains near Pakistan. Despite these hardships, he selflessly re-
enlisted to serve his country for another 4 years.
Upon his return to the United States, Sergeant Frawley's company was
forced to live in barracks at Fort Bragg that were infested with mold,
suffered from decrepit plumbing, and

[[Page H4657]]

were structurally unsound. While visiting his son, Sergeant Frawley's
father took pictures of the barracks and eventually posted a video of
them on the internet.
The appalling conditions to which soldiers such as Sergeant Frawley
have been subjected upon their return to the United States are an
embarrassment. The improvement of these facilities must be of the
highest priority for this country. Our returning troops deserve better.
That is why I am proud to support H.R. 5658, which increases the
Sustainment, Restoration, and Modernization account for the Department
of Defense by $650 million. This additional funding is directly
targeted at modernizing and fixing existing barracks, and will go a
long way in ensuring that Sergeant Frawley and other soldiers are
provided with the resources and facilities they deserve.
I thank Armed Services Committee Chairman Skelton and Ranking Member
Hunter for their leadership on this critical issue. I applaud their
work and urge my colleagues to support this important bill.
Mr. LANGEVIN. Mr. Chairman, I rise in support of the National Defense
Authorization Act for Fiscal Year 2009. Having served on the House
Armed Services Committee, I know that it handles some of the most
complicated and contentious issues before Congress, but through a
combination of hard work and a commitment to bipartisanship, it has
been able to assemble a good bill that all Members should support. I
would particularly like to thank Chairman Skelton and Ranking Member
Hunter for their leadership and their efforts to enhance our national
security.
The members of this body hold significantly different opinions about
what our Nation's role should be in Iraq. Personally, having voted
against the authorization of the use of force in Iraq, I believe that
our current combat operations are doing significant and systemic damage
to our military readiness and that we need a new strategy that
emphasizes diplomatic and economic efforts and that allows us to bring
our troops home. Despite our differences on Iraq policy, though, my
colleagues and I stand in full support of the men and women in uniform
who serve our Nation, as well as their families. This legislation
recognizes their service by providing a pay raise of 3.9 percent--an
increase of 0.5 percent over the President's budget request. It also
rejects the President's ill-advised proposal to raise premiums and co-
pays for participants of TRICARE, the military health care system.
Congress recognizes that other options exist to reduce the cost of
health care and that we must not place an undue burden on our military
families. To that end, H.R. 5658 establishes several new preventive
health initiatives, which will keep people healthier and reduce future
costs.
As co-chair of the House Submarine Caucus, I am particularly pleased
that the bill before us makes a major investment in our national
security by providing an additional $722 million for advanced
procurement of a second VIRGINIA-class submarine in FY2010--one year
ahead of schedule. Last year, Congress provided $588 million to
expedite the VIRGINIA-class construction schedule to attain two
submarines in FY2011, and this legislation moves the target date even
sooner. Submarines are one of the most effective and flexible platforms
in our military, but if we don't build more quickly, we will lose our
strategic advantage over nations that are rapidly expanding their naval
forces. Furthermore, this funding will help our submarine industrial
base, which, without additional work, will face layoffs, and our Nation
could lose their specialized skills and expertise. The men and women
who work at Electric Boat in my district make the best submarines in
the world, and I am pleased that this legislation will allow them to
expand their contributions to our national security. I am deeply
grateful to Chairman Ike Skelton and Seapower Subcommittee Chairman
Gene Taylor--as well as my friend and neighbor Joe Courtney and my co-
chair on the Submarine Caucus Randy Forbes--for their commitment to our
submarine force.
This Congress has shown a commitment to our Navy and recognizes the
importance of shipbuilding. While I applaud many provisions in this
bill that will help restore the size of our fleet, I have concerns
about the decision to delay the purchase of the third Zumwalt-class
destroyer (DDG-1000). Instead of funding the President's full request,
the bill provides $400 million that may be used either to purchase
long-lead materials for the thud DDG-1000 or to begin procurement of
two Arleigh Burke-class destroyers (DDG-51). The DDG-1000 is the first
installment in the Navy's Family of Ships line, which will develop new
technology for later insertion in the next-generation cruiser and other
surface ships. Delaying DDG-1000 will prevent the development of new
technologies and weapons systems that are necessary to address current
and future threats. Additionally, while purchasing additional DDG-51s
will help us increase the size of our fleet, they cannot fulfill the
mission requirements of the DDG-1000, which was specifically built to
have greater capability and a smaller crew. As we move forward with
this bill, I ask that the committee keep these concerns in mind.
I am very proud to support H.R. 5658, which provides our men and
women in uniform with the resources, equipment and services they need
to continue their excellent service to the Nation. I urge all of my
colleagues to support this measure.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today to discuss H.R.
5658, the Duncan Hunter National Defense Authorization Act for FY 2009
which has many important provisions to help our military personnel and
their families. I want to thank my colleague Congressman Skelton for
his leadership on the House Armed Services Committee in bringing a bill
to the floor that not only protects but supports our military and our
veterans.
Samuel Adams, who was known as the Father of the American Revolution,
stated ``All might be free if they valued freedom, and defended it as
they should.'' Well, while most of us value freedom many of us do not
risk our lives for it the way our men and women in the armed forces do
on a daily basis.
This defense bill reflects our commitment to support the men and
women who fight to secure not only our citizen's freedom but the
freedom of others. This bill will provide the necessary resources to
protect the American people and our national interests at home and
abroad. The Armed Services committee has provided for military
readiness; taking care of our troops and their families; increasing
focus on the war in Afghanistan; and improving interagency cooperation,
oversight, and accountability in this year's defense authorization
bill.

Defense Provisions

We must maintain our efforts to restore military readiness in order
to meet current military challenges and prepare for the future. This
bill directs approximately $2 billion toward unfunded readiness
initiatives requested by the services, which includes an additional
$932 million to deal with equipment shortages and for equipment
maintenance.
The bill also provides $800 million for National Guard and Reserve
equipment and $650 million to keep defense facilities in good working
order and to address urgent issues such as dilapidated military
barracks. To boost readiness and to reduce the strain on our forces,
the bill increases the size of the military by 7,000 Army troops and
5,000 Marines, and prevents further military to civilian conversions in
the medical field by authorizing an additional 1,023 Navy sailors and
450 Air Force personnel.
To improve the quality of life for our forces and their families, the
bill provides a 3.9 percent pay raise for all service members, which is
.5 percent more than the President's budget request, and extends the
authority for the Defense Department to offer bonuses and incentive
pay. The bill also preserves important health benefits to improve the
readiness of our force, keep servicemembers and their families healthy,
and to reduce the overall need for care.
The bill establishes a Career Intermission Pilot Program to allow a
servicemember to be released from active duty for a maximum of 3 years
to focus on personal or professional goals outside of the military. The
bill also provides tuition assistance to help military spouses
establish their own careers, authorizes Impact Aid funding to assist
schools with large enrollments of military children, and establishes a
DoD School of Nursing to address the critical nursing shortage in our
military services.
This bill addresses the need to improve the command and control
structure for military forces operating in Afghanistan providing
equipment to train and properly equip the Afghan National Security
Forces (ANSF). This bill urges the President to appoint a Special
Inspector General for Afghanistan Reconstruction (SIGAR), as required
by law, at the earliest possible time.
More importantly this bill contains several layers of transparency
and accountability. By requiring more detailed reporting to Congress on
the status and strategies of our forces in Iraq and Afghanistan, as
well as on the performance of Provincial Reconstruction Teams (PRTs)
and information on U.S. contractors--this bill provides greater
oversight by this body.

Rep. Jackson-Lee Proposed Amendments

While I do believe that Congressman Skelton and the Armed Services
Committee have done a great job at trying to address the needs of our
servicemembers, their families, and our national interests, I am
disappointed to see certain areas were not addressed. I offered two
amendments to the defense authorization to improve its ultimate
outcome.
My first amendment would have added three sense of Congress
paragraphs: (1) the war in Iraq should end as safely and quickly as
possible and our troops should be brought home; (2) the performance of
United States military personnel in Iraq and Afghanistan should be
commended, their courage and sacrifice have been exceptional, and when
they

[[Page H4658]]

come home, their service should be recognized appropriately, including
through the observance of a national day of celebration; and (3) the
primary purpose of funds made available by this Act should be to
transition the mission of United States Armed Forces in Iraq and
undertake their redeployment, and not to extend or prolong the war.

This amendment was borne from my deeply held belief that we must
commend our military for their exemplary performance and success in
Iraq. As lawmakers continue to debate U.S. policy in Iraq, our heroic
young men and women continue to willingly sacrifice life and limb on
the battlefield. Our troops in Iraq did everything we asked them to do.
The United States will not and should not permanently prop up the Iraqi
government and military. Whether or not my colleagues agree that the
time has come to withdraw our American forces from Iraq, I believe that
all of us in Congress should be of one accord that our troops deserve
our sincere thanks and congratulations.
My amendment explicitly stated that the goals laid out by the
Authorization for Use of Military Force against Iraq Resolution of 2002
(AUMF) have all been achieved by our troops in Iraq.
Due to the skill and dedication of the members of the Armed Forces,
the entire world has now been assured that Iraq does not possess
weapons of mass destruction that could threaten the United States or
any member nation of the international community. The United States
Armed Forces successfully toppled the regime of Saddam Hussein and
captured the key cities of Iraq in only 21 days. The Armed Forces
performed magnificently in conducting military operations designed to
ensure that the people of Iraq would enjoy the benefits of a
democratically elected government governing a country that is capable
of sustaining itself economically and politically and defending itself
militarily.
While our troops have achieved the objectives for which they were
sent to Iraq, they are now caught in the midst of a sectarian conflict.
Unfortunately, there is no military solution to Iraq's ongoing
political and sectarian conflicts.
My second amendment would have made a declaration of U.S. policy that
``The Authorization for Use of Military Force against Iraq Resolution
of 2002 (Public Law 107-243; approved on October 16, 2002) is the basis
of authority pursuant to which the President launched the invasion of
Iraq in March 2003.''
Further, it describes the authorization's two stated objectives: to
enforce all relevant United Nations Security Council resolutions
regarding Iraq, and to defend the national security of the United
States (i) by disarming Iraq of any weapons of mass destruction that
could threaten the security of the United States and international
peace in the Persian Gulf region, (ii) by ensuring that the regime of
Saddam Hussein would not provide weapons of mass destruction to
international terrorists, including al Qaida, (iii) by changing the
Iraqi regime so that Saddam Hussein and his Baathist regime no longer
pose a threat to the people of Iraq or Iraq's neighbors, and (iv) by
bringing to justice any members of al Qaida bearing responsibility for
the attacks on the United States, its citizens, and interests,
including the attacks that occurred on September 11, 2001, known or
found to be in Iraq.
Most crucially, my second amendment states unequivocally that ``the
objectives of Public Law 107-243 described in subparagraphs (A) and (B)
of paragraph (2) have been achieved. This amendment would have provided
an expressed acknowledgment by the Congress that the objectives for
which the Authorization for Use of Military Force (AUMF) resolution of
2002 authorized the use of force in Iraq were achieved by the Armed
Forces of the United States.
The objectives for which this Congress authorized war in Iraq have
been met; therefore, that authorization should no longer be the basis
for ongoing involvement by U.S. armed forces. Our military has already
paid too heavy a price for this Administration's ill-advised and poorly
planned war effort in Iraq. My amendment would have recognized the
exemplary performance of our men and women in uniform, and emphasizes
that our military has already achieved the objectives for which it was
sent to Iraq.
Mr. Chairman, although I would have liked to see my amendments
included in this bill I am supportive of much of the provisions of this
bill; however since this legislation provides for continued funding of
the Iraq war I will not be able to vote for the continuation of the
war. I will vote no.
The Acting CHAIRMAN. When the Committee of the Whole rose on
Wednesday, May 21, 2008, all time for general debate pursuant to House
Resolution 1213 had expired. Pursuant to House Resolution 1218, no
further general debate is in order.
Pursuant to House Resolution 1218, the amendment in the nature of a
substitute printed in the bill is considered as an original bill for
the purpose of amendment and is considered read.
The text of the amendment in the nature of a substitute is as
follows:

H.R. 5658

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009''.

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.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Rapid Acquisition Fund.

Subtitle B--Army Programs

Sec. 111. Separate procurement line items for Future Combat Systems
program.
Sec. 112. Restriction on contract awards for major elements of the
Future Combat Systems program.
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.

Subtitle C--Navy Programs

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

Subtitle D--Air Force Programs

Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Maintenance of retired KC-135E aircraft.
Sec. 133. Repeal of multi-year contract authority for procurement of
tanker aircraft.
Sec. 134. Report on processes used for requirements development for KC-
(X).

Subtitle E--Joint and Multiservice Matters

Sec. 141. Body armor acquisition strategy.
Sec. 142. Small arms acquisition strategy and requirements review.
Sec. 143. Requirement for common ground stations and payloads for
manned and unmanned aerial vehicles.

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.

Subtitle C--Missile Defense Programs

Sec. 221. Independent study of boost phase missile defense.
Sec. 222. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in
Europe.

Subtitle D--Other Matters

[[Page H4659]]

Sec. 234. Repeal of requirement for Technology Transition Initiative.
Sec. 235. Trusted defense systems.
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ-36
radar system pending submission of report.
Sec. 237. Capabilities-based assessment to outline a joint approach for
future development of vertical lift aircraft and
rotorcraft.
Sec. 238. Availability of funds for prompt global strike capability
development.

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.

Subtitle C--Workplace and Depot Issues

Sec. 321. Time limitation on duration of public-private competitions.
Sec. 322. Comprehensive analysis and development of single Government-
wide definition of inherently governmental function.
Sec. 323. Study on future depot capability.
Sec. 324. High-performing organization business process reengineering.
Sec. 325. Temporary suspension of studies and public-private
competitions regarding conversion of functions of the
Department of Defense performed by civilian employees to
contractor performance.
Sec. 326. Consolidation of Air Force and Air National Guard aircraft
maintenance.
Sec. 327. Guidance for performance of civilian personnel work under Air
Force civilian personnel consolidation plan.
Sec. 328. Report on reduction in number of firefighters on Air Force
bases.

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 energy for use at forward operating locations.
Sec. 334. Study on coal-to-liquid fuels.

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.
Sec. 346. Report on options for providing repair capabilities to
support ships operating near Guam.

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. Sense of Congress that Air Sovereignty Alert Mission should
receive sufficient funding and resources.
Sec. 356. Revision of certain Air Force regulations required.
Sec. 357. Transfer of C-12 aircraft to California Department of
Forestry and Fire Protection.
Sec. 358. Availability of funds for Irregular Warfare Support program.
Sec. 359. Sense of Congress regarding procurement and use of munitions.
Sec. 360. Limitation on obligation of funds for Air Combat Command
Management Headquarters.
Sec. 361. Increase of domestic sourcing 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. Extension of authority to reduce minimum length of active
service required for voluntary retirement as an officer.
Sec. 504. Increase in authorized number of general officers on active
duty in the Marine Corps.

Subtitle B--Reserve Component Management

Sec. 511. Extension to all military departments of authority to defer
mandatory separation of military technicians (dual
status).
Sec. 512. Increase in authorized strengths for Marine Corps Reserve
officers on active duty in the grades of major and
lieutenant colonel to meet force structure requirements.
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. Study and report regarding personnel movements in Marine
Corps Individual Ready Reserve.

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. Treatment of certain service as joint duty experience.

Subtitle D--General Service Authorities

Sec. 531. Increase in authorized maximum reenlistment term.
Sec. 532. Career intermission pilot program.

Subtitle E--Education and Training

Sec. 541. Repeal of prohibition on phased increase in midshipmen and
cadet strength limit at United States Naval Academy and
Air Force Academy.
Sec. 542. Promotion of foreign and cultural exchange activities at
military service academies.
Sec. 543. Compensation for civilian President of Naval Postgraduate
School.
Sec. 544. Increased authority to enroll defense industry employees in
defense product development program.
Sec. 545. Requirement of completion of service under honorable
conditions for purposes of entitlement to educational
assistance for reserve components members supporting
contingency operations.
Sec. 546. Consistent education loan repayment authority for health
professionals in regular components and Selected Reserve.
Sec. 547. Increase in number of units of Junior Reserve Officers'
Training Corps.

Subtitle F--Military Justice

Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine
Corps.
Sec. 552. Standing military protection order.
Sec. 553. Mandatory notification of issuance of military protective
order to civilian law enforcement.
Sec. 554. Implementation of information database on sexual assault
incidents in the Armed Forces.

Subtitle G--Decorations, Awards, and Honorary Promotions

Sec. 561. Replacement of military decorations.
Sec. 562. Authorization and request for award of Medal of Honor to
Richard L. Etchberger for acts of valor during the
Vietnam War.
Sec. 563. Advancement of Brigadier General Charles E. Yeager, United
States Air Force (retired), on the retired list.
Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States
Navy (retired), on the retired list.
Sec. 565. Award of Vietnam Service Medal to veterans who participated
in Mayaguez rescue operation.

[[Page H4660]]

Subtitle H--Impact Aid

Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 572. Calculation of payments under Department of Education's
Impact Aid program.

Subtitle I--Military Families

Sec. 581. Presentation of burial flag.
Sec. 582. Education and training opportunities for military spouses.

Subtitle J--Other Matters

Sec. 591. Inclusion of Reserves in providing Federal aid for State
governments, enforcing Federal authority, and responding
to major public emergencies.
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. Authority to order Reserve units to active duty to provide
assistance in response to a major disaster or emergency.
Sec. 595. Senior Military Leadership Diversity Commission.

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 prohibition on charges for meals received at
military treatment facilities by members receiving
continuous care.
Sec. 603. Equitable treatment of senior enlisted members in computation
of basic allowance for housing.
Sec. 604. Increase in maximum authorized payment or reimbursement
amount for temporary lodging expenses.
Sec. 605. Availability of portion of a second family separation
allowance for married couples with dependents.
Sec. 606. Stabilization of pay and allowances for senior enlisted
members and warrant officers appointed as officers and
officers reappointed in a lower grade.
Sec. 607. Extension of authority for income replacement payments for
reserve component members experiencing extended and
frequent mobilization for active duty service.
Sec. 608. Guaranteed pay increase for members of the Armed Forces of
one-half of one percentage point higher than Employment
Cost Index.

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.
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.
Sec. 620. Temporary targeted bonus authority to increase direct
accessions of officers in certain health professions.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Increased weight allowance for transportation of baggage and
household effects for certain enlisted members.
Sec. 632. Additional weight allowance for transportation of materials
associated with employment of a member's spouse or
community support volunteer or charity activities.
Sec. 633. Transportation of family pets during evacuation of
nonessential personnel.

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Equity in computation of disability retired pay for reserve
component members wounded in action.
Sec. 642. 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.
Sec. 643. 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. 644. 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.
Sec. 645. Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service after retirement.
Sec. 646. Correction of unintended reduction in survivor benefit plan
annuities due to phased elimination of two-tier annuity
computation and supplemental annuity.
Sec. 647. Presumption of death for participants in Survivor Benefit
Plan in missing status.

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

Sec. 651. Use of commissary stores surcharges derived from temporary
commissary initiatives for reserve components and retired
members.
Sec. 652. Requirements for private operation of commissary store
functions.
Sec. 653. Additional exception to limitation on use of appropriated
funds for Department of Defense golf courses.
Sec. 654. Enhanced enforcement of prohibition on sale or rental of
sexually explicit material on military installations.
Sec. 655. Requirement to buy military decorations, ribbons, badges,
medals, insignia, and other uniform accouterments
produced in the United States.
Sec. 656. Use of appropriated funds to pay post allowances or overseas
cost of living allowances to nonappropriated fund
instrumentality employees serving overseas.
Sec. 657. Study regarding sale of alcoholic wine and beer in commissary
stores in addition to exchange stores.

Subtitle F--Other Matters

Sec. 661. Bonus to encourage Army personnel and other persons to refer
persons for enlistment in the Army.
Sec. 662. 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. 663. Providing injured members of the Armed Forces information
concerning benefits.

TITLE VII--HEALTH CARE 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. Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions.
Sec. 704. Chiropractic health care for members on active duty.
Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums
based on actual cost data.
Sec. 706. Program for health care delivery at military installations
projected to grow.
Sec. 707. Guidelines for combined Federal medical facilities.

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. Availability of allowance to assist members of the Armed
Forces and their dependents procure preventive health
care services.

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. National Casualty Care Research Center.
Sec. 724. Peer-reviewed research program on extremity war injuries.
Sec. 725. Review of policies and processes related to the delivery of
mail to wounded members of the Armed Forces.

Subtitle D--Other Matters

Sec. 731. Report on stipend for members of reserve components for
health care for certain dependents.
Sec. 732. Report on providing the Extended Care Health Option Program
to autistic dependents of military retirees.
Sec. 733. Sense of Congress regarding autism therapy services.

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

Subtitle A--Acquisition Policy and Management

Sec. 801. Review of impact of illegal subsidies on acquisition of KC-45
aircraft.
Sec. 802. Assessment of urgent operational needs fulfillment.

[[Page H4661]]

Sec. 803. Preservation of tooling for major defense acquisition
programs.
Sec. 804. Prohibition on procurement from beneficiaries of foreign
subsidies.
Sec. 805. Domestic industrial base considerations during source
selection.
Sec. 806. Commercial software reuse preference.
Sec. 807. Comprehensive proposal analysis required during source
selection.

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

Sec. 811. Acquisition workforce expedited hiring authority.
Sec. 812. Definition of system for Defense Acquisition Challenge
Program.
Sec. 813. Career path and other requirements for military personnel in
the acquisition field.
Sec. 814. Technical data rights for non-FAR agreements.
Sec. 815. Clarification that cost accounting standards apply to Federal
contracts performed outside the United States.

Subtitle C--Provisions Relating to Inherently Governmental Functions

Sec. 821. Policy on personal conflicts of interest by employees of
Department of Defense contractors.
Sec. 822. Development of guidance on personal services contracts.
Sec. 823. Limitation on performance of product support integrator
functions.

Subtitle D--Defense Industrial Security

Sec. 831. Requirements relating to facility clearances.
Sec. 832. Foreign ownership control or influence.
Sec. 833. Congressional oversight relating to facility clearances and
foreign ownership control or influence; definitions.

Subtitle E--Other Matters

Sec. 841. Clarification of status of Government rights in the designs
of department of defense vessels, boats, and craft, and
components thereof.
Sec. 842. Expansion of authority to retain fees from licensing of
intellectual property.
Sec. 843. Transfer of sections of title 10 relating to Milestone A and
Milestone B for clarity.
Sec. 844. Earned value management study and report.
Sec. 845. Report on market research.
Sec. 846. System development and demonstration benchmark report.
Sec. 847. Additional matters required to be reported by contractors
performing security functions in areas of combat
operations.
Sec. 848. Report relating to munitions.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Sec. 901. Revisions in functions and activities of special operations
command.
Sec. 902. Requirement to designate officials for irregular warfare.
Sec. 903. Plan required for personnel management of special operations
forces.
Sec. 904. Director of Operational Energy Plans and Programs.
Sec. 905. Corrosion control and prevention executives for the military
departments.
Sec. 906. Alignment of Deputy Chief Management Officer
responsibilities.
Sec. 907. Requirement for the Secretary of Defense to prepare a
strategic plan to enhance the role of the National Guard
and Reserves.
Sec. 908. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Sec. 909. Support to Committee review.

Subtitle B--Space Activities

Sec. 911. Extension of authority for pilot program for provision of
space surveillance network services to non-United States
Government entities.
Sec. 912. Investment and acquisition strategy for commercial satellite
capabilities.

Subtitle C--Chemical Demilitarization Program

Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in
Colorado and Kentucky.
Sec. 922. Prohibition on transport 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. Department of Defense School of Nursing revisions.
Sec. 942. Amendments of authority for regional centers for security
studies.
Sec. 943. Findings and Sense of Congress regarding the Western
Hemisphere Institute for Security Cooperation.
Sec. 944. Restriction on obligation of funds for United States Southern
Command development assistance activities.
Sec. 945. Authorization of non-conventional assisted recovery
capabilities.
Sec. 946. Report on United States Northern Command development of
interagency plans and command and control relationships.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Requirement for separate display of budget for Afghanistan.
Sec. 1003. Requirement for separate display of budget for Iraq.
Sec. 1004. One-time shift of military retirement payments.

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. Policy relating to major combatant vessels of the strike
forces of the United States Navy.
Sec. 1014. National Defense Sealift Fund amendments.
Sec. 1015. Report on contributions to the domestic supply of steel and
other metals from scrapping of certain vessels.

Subtitle C--Counter-Drug Activities

Sec. 1021. Continuation 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 West Africa and the Maghreb.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
narcotics efforts in South and Central Asian regions.

Subtitle D--Boards and Commissions

Sec. 1031. Strategic Communication Management Board.
Sec. 1032. Extension of certain dates for Congressional Commission on
the Strategic Posture of the United States.
Sec. 1033. Extension of Commission to Assess the Threat to the United
States from Electromagnetic Pulse (EMP) Attack.

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. Studies to analyze alternative models for acquisition and
funding of inter-connected cyberspace systems.
Sec. 1045. Report on nonstrategic nuclear weapons.
Sec. 1046. Study on national defense implications of section 1083.
Sec. 1047. Report on methods Department of Defense utilizes to ensure
compliance with Guam tax and licensing laws.

Subtitle F--Congressional Recognitions

Sec. 1051. Sense of Congress honoring the Honorable Duncan Hunter.
Sec. 1052. Sense of Congress in honor of the Honorable Jim Saxton, a
Member of the House of Representatives.
Sec. 1053. Sense of Congress honoring the Honorable Terry Everett.
Sec. 1054. Sense of Congress honoring the Honorable Jo Ann Davis.

Subtitle G--Other Matters

Sec. 1061. Amendment to annual submission of information regarding
information technology capital assets.
Sec. 1062. Restriction on Department of Defense relocation of missions
or functions from Cheyenne Mountain Air Force Station.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Submission to Congress of revision to regulation on enemy
prisoners of war, retained personnel, civilian internees,
and other detainees.
Sec. 1065. Authorization of appropriations for payments to Portuguese
nationals employed by the Department of Defense.
Sec. 1066. State Defense Force Improvement.
Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1068. Sense of Congress regarding the roles and missions of the
Department of Defense and other national security
institutions.
Sec. 1069. Sense of Congress relating to 2008 supplemental
appropriations.
Sec. 1070. Sense of Congress regarding defense requirements of the
United States.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Temporary authority to waive limitation on premium pay for
Federal employees.
Sec. 1102. Extension of authority to make lump-sum severance payments.

[[Page H4662]]

Sec. 1103. Extension of voluntary reduction-in-force authority of
Department of Defense.
Sec. 1104. Technical amendment to definition of professional accounting
position.
Sec. 1105. Expedited hiring authority for health care professionals.
Sec. 1106. Authority to adjust certain limitations on personnel and
reports on such adjustments.
Sec. 1107. Temporary discretionary authority to grant allowances,
benefits, and gratuities to personnel on official duty in
a combat zone.
Sec. 1108. Requirement relating to furloughs during the time of a
contingency operation.
Sec. 1109. Direct hire authority for certain positions at personnel
demonstration laboratories.

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. Military-to-military contacts and comparable activities.
Sec. 1203. Enhanced authority 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. One-year extension of authority for distribution to certain
foreign personnel of education and training materials and
information technology to enhance military
interoperability.
Sec. 1206. Modification and extension of authorities relating to
program to build the capacity of foreign military forces.
Sec. 1207. Extension of authority for security and stabilization
assistance.
Sec. 1208. Authority for support of special operations to combat
terrorism.
Sec. 1209. 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. Report on enhancing security and stability in the region
along the border of Afghanistan and Pakistan.
Sec. 1218. Study and report on Iraqi police training teams.

Subtitle C--Other Matters

Sec. 1221. Payment of personnel expenses for multilateral cooperation
programs.
Sec. 1222. Extension of Department of Defense authority to participate
in multinational military centers of excellence.
Sec. 1223. Study of limitation on classified contracts with foreign
companies engaged in space business with China.
Sec. 1224. Sense of Congress and congressional briefings on readiness
of the Armed Forces and report on nuclear weapons
capabilities of Iran.

TITLE XIII--COOPERATIVE THREAT REDUCTION

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.

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. Armed Forces Retirement Home.

Subtitle D--Inapplicability of Executive Order 13457

Sec. 1431. Inapplicability of Executive Order 13457.

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

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Rapid acquisition fund.
Sec. 1507. Joint Improvised Explosive Device Defeat Fund.
Sec. 1508. Limitation on obligation of funds for the Joint Improvised
Explosive Devices Defeat Organization pending
notification to Congress.
Sec. 1509. Research, development, test, and evaluation.
Sec. 1510. Operation and maintenance.
Sec. 1511. Other Department of Defense programs.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1516. Special transfer authority.
Sec. 1517. Treatment as additional authorizations.

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.

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.
Sec. 2207. Report on impacts of surface ship homeporting alternatives.

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.

[[Page H4663]]

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. Extension of authorizations of certain fiscal year 2006
projects.
Sec. 2608. 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. Repeal of commission approach for development of
recommendations in any future round of base closures and
realignments.
Sec. 2712. Modification of annual base closure and realignment
reporting requirements.
Sec. 2713. 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. Conditions on closure of Walter Reed Army Medical Hospital
and relocation of operations to National Naval Medical
Center and 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. Extension of authority to use operation and maintenance
funds for construction projects outside the United
States.
Sec. 2803. Revision of maximum lease amount applicable to certain
domestic Army family housing leases to reflect previously
made annual adjustments in amount.
Sec. 2804. Use of military family housing constructed under build and
lease authority to house members without dependents.
Sec. 2805. Lease of military family housing to the Secretary of Defense
for use as residence.
Sec. 2806. Repeal of reporting requirement in connection with
installation vulnerability assessments.
Sec. 2807. Modification of alternative authority for acquisition and
improvement of military housing.
Sec. 2808. Report on capturing housing privatization best practices.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of exceptions to 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. Permanent authority to purchase municipal services for
military installations in the United States.
Sec. 2815. Defense access roads.
Sec. 2816. Protecting private property rights during Department of
Defense land acquisitions.

Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Guam Defense Policy Review Initiative Account.
Sec. 2822. Sense of Congress regarding use of Special Purpose Entities
for military housing related to Guam realignment.
Sec. 2823. Sense of Congress regarding Federal assistance to Guam.
Sec. 2824. Comptroller General report regarding interagency
requirements related to Guam realignment.
Sec. 2825. Energy and environmental design initiatives in Guam military
construction and installations.
Sec. 2826. Department of Defense Inspector General report regarding
Guam realignment.
Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana
Islands for military base reuse studies and community
planning assistance.
Sec. 2828. Prevailing wage applicable to Guam.

Subtitle D--Energy Security

Sec. 2841. Certification of enhanced use leases for energy-related
projects.
Sec. 2842. Annual report on Department of Defense installations energy
management.

Subtitle E--Land Conveyances

Sec. 2851. Land conveyance, former Naval Air Station, Alameda,
California.
Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk,
California.
Sec. 2853. Land conveyance, former Naval Station, Treasure Island,
California.
Sec. 2854. Condition on lease involving Naval Air Station, Barbers
Point, Hawaii.
Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army
Reserve Center, Springfield, Ohio.
Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2857. Land conveyance, Bureau of Land Management land, Camp
Williams, Utah.
Sec. 2858. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2859. Extension of Potomac Heritage National Scenic Trail through
Fort Belvoir, Virginia.

Subtitle F--Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery.
Sec. 2872. Decontamination and use of former bombardment area on island
of Culebra.
Sec. 2873. 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. 2874. Establishment of memorial to American Rangers at Fort
Belvoir, Virginia.
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval
Base, Hawaii.
Sec. 2876. Naming of health facility, Fort Rucker, Alabama.

TITLE XXIX--ADDITIONAL WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS FOR FISCAL YEAR 2008

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 for which funds were not appropriated.

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. Utilization of international contributions to the Russian
plutonium disposition program.
Sec. 3112. Extension of deadline for Comptroller General report on
Department of Energy protective force management.

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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

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Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. National Guard and Reserve equipment.
Sec. 106. Rapid Acquisition Fund.

Subtitle B--Army Programs

Subtitle C--Navy Programs

Subtitle D--Air Force Programs

Subtitle E--Joint and Multiservice Matters

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement for the Army as follows:
(1) For aircraft, $4,912,735,000.
(2) For missiles, $2,201,460,000.
(3) For weapons and tracked combat vehicles,
$3,539,177,000.
(4) For ammunition, $2,294,791,000.
(5) For other procurement, $11,201,876,000.

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, $14,627,274,000.
(2) For weapons, including missiles and torpedoes,
$3,575,482,000.
(3) For shipbuilding and conversion, $12,917,919,000.
(4) For other procurement, $5,461,926,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2009 for procurement for the
Marine Corps in the amount of $1,296,327,000.
(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 $1,122,712,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement for the Air Force as follows:
(1) For aircraft, $12,618,665,000.
(2) For ammunition, $934,478,000.
(3) For missiles, $5,536,728,000.
(4) For other procurement, $16,134,896,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for Defense-wide procurement in the amount of
$3,485,428,000.

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.

SEC. 106. RAPID ACQUISITION FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for the Rapid Acquisition Fund in the amount of
$50,000,000.

Subtitle B--Army Programs

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

Effective for fiscal year 2010 and for each fiscal year
thereafter, the Secretary of Defense shall ensure that, in
each budget submission to the President, a separate,
dedicated procurement line item is designated for each of the
following elements of the Future Combat Systems (FCS)
program, to the extent the budget submission 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. RESTRICTION ON CONTRACT AWARDS FOR MAJOR ELEMENTS
OF THE FUTURE COMBAT SYSTEMS PROGRAM.

(a) Contracting Restricted.--For fiscal year 2009 and any
fiscal year thereafter, the Secretary of Defense and the
Secretary of the Army may not award a contract for low-rate
initial production or full-rate production of major elements
of the Future Combat Systems program to any entity that is
under contract to perform the role of lead systems integrator
for the Future Combat Systems program.
(b) Inapplicability to Non-Line of Sight Cannon.--
Subsection (a) does not apply to contracts entered into in
fiscal year 2009 or fiscal year 2010 for procurement of Non-
Line of Sight Cannon vehicles.
(c) Inapplicability to Equipment Procured Through Selected
Acquisition Methods.--Subsection (a) does not apply to
elements of the Future Combat Systems program--
(1) acquired through the Army Rapid Equipping Force
program;
(2) acquired through the Joint Improved Explosive Device
Defeat Organization; or
(3) acquired specifically to address an Operational Needs
Statement or Joint Urgent Operational Needs Statement.
(d) Definitions.--In this section:
(1) The term ``major elements of the Future Combat Systems
program'' includes--
(A) Future Combat Systems Manned Ground Vehicles;
(B) Future Combat Systems Unmanned Ground Vehicles;
(C) Future Combat Systems Unmanned Aerial Vehicles;
(D) Future Combat Systems Non-Line of Sight Missile
Launchers;
(E) Future Combat Systems Unattended Ground Sensors; and
(F) Future Combat Systems equipment to upgrade vehicles and
other equipment in the Army inventory as of October 1, 2008.
(2) The term ``lead systems integrator'' has the meaning
given such term in section 802(d) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181).

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

(a) Report Required.--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 by March 30, 2009. This report shall
include, at a minimum, the following:
(1) A description of the Army tactical radio fielding
strategy, including a description of the overall mix of
tactical radio systems and how they integrate to provide
communications and network capability.
(2) A detailed description of the current and future mix of
radios 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 current and future mix of radios
for Army support brigades, headquarters elements, and
training base.
(4) A description of the Army's plan to integrate joint
tactical radio system radios, including the number of each
type of joint tactical radio the Army plans to procure.
(5) An assessment of the total cost of the Army's tactical
radio fielding strategy, including future 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 Army
Reconnaissance Helicopter has--
(1) satisfactorily completed a Limited User Test; and
(2) 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.

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. APPLICABILITY OF PREVIOUS TEAMING AGREEMENTS FOR
VIRGINIA-CLASS SUBMARINE PROGRAM.

Section 121 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended in
subsection (b)--

[[Page H4665]]

(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the Secretary submits to the congressional defense
committees a certification that the contract will be awarded
to either the General Dynamics Electric Boat Division or the
Northrop Grumman Newport News Shipbuilding Division, with the
other contractor as the primary subcontractor to the
contract, in accordance with the Team Agreement between the
two companies, dated February 16, 1997, which was submitted
to the Congress on March 31, 1997.''.

SEC. 123. 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 amended in subsection (d) by adding at the end the
following:
``(3) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2007.
However, in the case of a vessel the procurement of which is
funded from amounts appropriated pursuant to an authorization
of appropriations or otherwise made available for fiscal year
2008 or 2009, the amount of such an increase for such a
vessel may not exceed $10,000,000.
``(4) The amounts of increases or decreases in costs of
that vessel that are attributable to insertion of new
technology into that vessel, as compared to the technology
built into the first and second vessels, respectively, of the
Littoral Combat Ship (LCS) class of vessels. However, the
Secretary of the Navy may make an adjustment under this
paragraph only if--
``(A) the Secretary of the Navy determines, and certifies
to the congressional defense committees, that insertion of
the new technology would lower the life-cycle cost of the
vessel; or
``(B) (i) the Secretary of the Navy determines, and
certifies to the congressional defense committees, that
insertion of the new technology is required to meet an
emerging threat; and
``(ii) the Secretary of Defense certifies to those
committees that such threat poses grave harm to national
security.''.

SEC. 124. 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 as to whether
Congress should authorize a multiyear procurement contract
for those aircraft.
(b) Certifications Required.--Should the Secretary
recommend under subsection (a)(6) that Congress authorize a
multiyear procurement contract for the aircraft, the
Secretary shall accompany the recommendation with the
certifications required by section 2306b of title 10, United
States Code, so as to enable to award of a multiyear
procurement contract beginning with fiscal year 2010.
(c) Funding.--Subject to the availability of
appropriations, the Secretary of the Navy may obligate up to
$100,000,000 of the amount authorized for procurement of F/A-
18E/F or EA-18G aircraft for cost reduction initiatives (CRI)
in fiscal year 2009. Such CRI funding may be applied to
either single year or multiyear procurements of F/A-18
aircraft.

Subtitle D--Air Force Programs

SEC. 131. LIMITATION ON RETIRING C-5 AIRCRAFT.

(a) Certification and Cost Analysis Required.--The
Secretary of the Air Force may not retire C-5A aircraft from
the inventory of the Air Force in any number that would
reduce the total number of such aircraft in the inventory
below 111 until 45 days after the Secretary of the Air Force
submits to the congressional defense committees the
following:
(1) The Secretary's certification that retiring the
aircraft will not significantly increase operational risk of
not meeting the National Defense Strategy.
(2) A cost analysis with respect to the aircraft to be
retired that--
(A) evaluates which alternative is more effective in
meeting strategic airlift mobility requirements--
(i) to retire the aircraft; or
(ii) to perform the Reliability Enhancement and Re-engining
Program (RERP) on the aircraft; and
(B) evaluates the life-cycle cost of C-17 aircraft to
replace the capability of the aircraft to be retired.
(b) Additional Requirements for Cost Analysis.--The cost
analysis required by subsection (a)(2) shall conform to the
following requirements:
(1) The cost analysis shall include one analysis that uses
``constant year dollars'' and one analysis that uses ``then
year dollars''.
(2) For each such analysis, the time period covered by the
analysis shall be the expected service life of the aircraft
concerned.
(3) For each such analysis, the ownership costs evaluated
shall include costs for--
(A) planned technology insertions or upgrades over the
service life of the aircraft to meet emerging requirements;
(B) research and development;
(C) testing;
(D) procurement;
(E) production;
(F) production termination;
(G) operations;
(H) training;
(I) maintenance;
(J) sustainment;
(K) military construction;
(L) personnel;
(M) cost of replacement due to attrition; and
(N) disposal.
(4) The cost analysis shall include each of the following:
(A) An assessment of the quality of each cost analysis.
(B) A discussion of each of the following:
(i) The assumptions used.
(ii) The benefits to be realized from each alternative.
(iii) Adverse impacts to be realized from each alternative.
(iv) Cargo capacity, operational availability, departure
reliability, and mission capability.
(v) Aircraft basing.
(vi) Aircrew ratios and associated training requirements.
(vii) Performing RERP on only C-5B and C-5C aircraft.
(C) A summary table that compares and contrasts each
alternative with respect to each of the requirements of this
subsection.
(c) Conforming Repeal.--Section 132 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1411) is repealed.

SEC. 132. 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 46 of the
KC-135E aircraft retired''.

SEC. 133. 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. 134. REPORT ON PROCESSES USED FOR REQUIREMENTS
DEVELOPMENT FOR KC-(X).

Not later than December 1, 2008, the Secretary of the Air
Force shall submit to the congressional defense committees a
report on the processes used for requirements development for
the KC-(X). The report shall include--
(1) an examination of the processes by which KC-(X)
requirements were established;
(2) a justification for the use of the KC-135R as the
comparative baseline for the KC-(X) competition; and
(3) an evaluation of commercial derivative aircraft in the
750,000 pounds maximum gross take-off weight to 1,000,000
pounds maximum gross take-off weight range as a potential
aerial refueling platform, which shall include an examination
of pertinent aerial refueling capabilities such as range,
offload at range, and passenger/cargo capacity.

Subtitle E--Joint and Multiservice Matters

SEC. 141. BODY ARMOR ACQUISITION STRATEGY.

(a) Executive Agent.--The Secretary of Defense shall
designate an executive agent for procurement of body armor
and associated components.
(b) Separate Procurement Line Items.--Effective for fiscal
year 2010 and for each fiscal year thereafter, the Secretary
of Defense shall ensure that, within each procurement account
budget submission to the President, a separate, dedicated
procurement line item is designated for procurement of body
armor and associated components.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report that--
(1) identifies the critical industrial base capacity for
body armor, to include all tiers of subcontractor suppliers;
(2) contains a plan for the long-term maintenance of this
industrial base capacity; and
(3) identifies specific research and development
objectives, priorities, and funding profiles for--
(A) advances in the level of protection;
(B) weight reduction; and
(C) manufacturing productivity.

SEC. 142. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS
REVIEW.

(a) GAO Audit and Report.--The Comptroller General of the
United States shall audit the requirements generation process
of the Department of Defense for small arms procurement to
determine if there are statutory or regulatory barriers to
developing a small arms procurement requirement. Not later
than October 1, 2009, the Comptroller General shall submit to
the congressional defense committees a report on the results
of the audit.
(b) 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 comprehensive report on the small arms industrial base. The
report shall include the following:

[[Page H4666]]

(1) The current inventory, acquisition objective,
operational, and budgetary status of current small arms
programs, to include pistols, carbines, rifles, light,
medium, and heavy machine guns.
(2) A plan for a joint acquisition strategy for small arms
modernization, with emphasis on a possible near term
competition for a new pistol and carbine.
(3) An analysis of current small arms research and
development programs.
(4) An analysis of current small arms capability gap
assessments that have been finalized or are being pursued.
(c) Definition.--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. 143. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS
FOR MANNED AND UNMANNED AERIAL VEHICLES.

(a) Policy Required.--The Secretary of Defense shall
establish a policy and an acquisition strategy for
intelligence, surveillance, and reconnaissance payloads and
ground stations for manned and unmanned aerial vehicle
systems, to be applicable throughout the Department of
Defense, to 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 systems by vehicle class.
(3) Common management of vehicle and payloads procurement.
(4) Ground station interoperability standardization.
(5) Open source software code.
(6) Acquisition of technical data rights in accordance with
section 2320 of title 10, United States Code.
(7) Acquisition of vehicles, payloads, and ground stations
through competitive procurement.
(c) Affected Systems.--For the purposes of this section,
the manned and unmanned aerial vehicle classes and types of
manned and unmanned aerial vehicles within each class are as
follows:
(1) Tier II class: Vehicles such as Silver Fox and Scan
Eagle.
(2) Tactical class: Vehicles such as RQ-7.
(3) Medium altitude class: Vehicles such as MQ-1, MQ-1C,
MQ-5, MQ-8, MQ-9, and Warrior Alpha.
(4) High Altitude class: Vehicles such as RQ-4, RQ-4N,
Unmanned airship systems, Constant Hawk, Angel Fire, Special
Project Aircraft, Aerial Common Sensor, EP-3, Scathe View,
Compass Call, and Rivet Joint.
(d) Consultation.--The Secretary shall develop the policy
and acquisition strategy required by subsection (a) in
consultation with the Chairman of the Joint Chiefs of Staff.
(e) 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).

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

Subtitle A--Authorization of Appropriations

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

Subtitle B--Program Requirements, Restrictions, and Limitations

Subtitle C--Missile Defense Programs

Sec. 221. Independent study of boost phase missile defense.
Sec. 222. Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in
Europe.

Subtitle D--Other Matters

Sec. 231. Oversight of testing of personnel protective equipment by
Director, Operational Test and Evaluation.
Sec. 232. Assessment of the Historically Black Colleges and
Universities and Minority Serving Institutions Program.
Sec. 233. 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. 234. Repeal of requirement for Technology Transition Initiative.
Sec. 235. Trusted defense systems.
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ-36
radar system pending submission of report.
Sec. 237. Capabilities-based assessment to outline a joint approach for
future development of vertical lift aircraft and
rotorcraft.
Sec. 238. Availability of funds for prompt global strike capability
development.

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, $10,683,695,000.
(2) For the Navy, $19,769,738,000.
(3) For the Air Force, $28,238,349,000.
(4) For Defense-wide activities, $21,033,651,000, 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, $12,059,915,000 shall be
available for the Defense Science and Technology Program,
including basic research, applied research, and advanced
technology development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined.--For purposes of this
section, the term ``basic research, applied research, and
advanced technology development'' means work funded in
program 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:
``(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 will 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 will be able to withstand 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 that cost
estimate.''.

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

(a) Report Required.--Not later than July 1, 2009, the
Assistant Secretary of Defense, Networks and Information
Integration, shall submit to the congressional defense
committees a report providing an assessment of the Future
Combat Systems communications network and software. This
report shall include, at a minimum, the following:
(1) An assessment of the vulnerability of the Future Combat
Systems communications network and software to enemy network
attack, in particular the impact 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 impact the performance of Future Combat Systems
brigades and the survivability of Future Combat Systems
manned ground vehicles.
(b) Inclusion of Classified Annex.--The report required by
subsection (a) may include a

[[Page H4667]]

classified annex at the discretion of the Assistant
Secretary, for the purpose of providing the assessments
required, or to provide additional supporting information.

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

(a) Report Required.--For each of the years 2009 through
2015, the Secretary of the Army shall, not later than
February 15 of the year, submit a selected acquisition report
for each Future Combat Systems manned ground vehicle variant.
(b) Required Elements.--The reports required by subsection
(a) shall include the same information required in
comprehensive annual selected acquisition reports for major
defense acquisition as defined in section 2432(c) of title
10, United States Code.
(c) Definition.--In this section, the term ``manned ground
vehicle variant'' includes the eight distinct variants of
manned ground vehicle designated on pages seven and eight of
the Future Combat Systems selected acquisition report of the
Department of Defense dated December 31, 2007, and 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 Department of Defense's annual budget submission 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.--The Under Secretary of Defense
for Acquisition, Technology, and Logistics shall notify the
congressional defense committees within five days after the
completion of all of the following actions:
(1) Approval by the Under Secretary of a new acquisition
program baseline for the Warfighter Information Network-
Tactical (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.
(b) 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 20 percent of those amounts may be obligated or
expended until 15 days after 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.

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,
the Secretary of the Army may fund the following Joint Cargo
Aircraft expenditures only through amounts made available for
procurement or for research, development, test, and
evaluation: support equipment, initial spares, training
simulators, systems engineering and management, and post-
production modifications.

Subtitle C--Missile Defense Programs

SEC. 221. INDEPENDENT STUDY OF BOOST PHASE MISSILE DEFENSE.

(a) Agreement Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall enter into an agreement with a Federally Funded
Research and Development Center to conduct an independent
study of concepts and systems for boost phase missile
defense.
(b) Requirements for Study.--
(1) 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- and sea-based
options).
(2) Factors to be evaluated.--The study shall evaluate each
system based on the following factors:
(A) Technical capability of the system against scenarios
identified in paragraph (3)(A).
(B) Operational issues, including operational
effectiveness.
(C) Results of key milestone tests in fiscal year 2009 and
fiscal years prior.
(D) Survivability.
(E) Suitability.
(F) Concept-of-Operations, including basing considerations.
(G) Operations and maintenance support.
(H) Command-and-Control.
(I) Shortfall from intercepts.
(J) Force structure requirements.
(K) Effectiveness against countermeasures.
(L) Estimated cost of sustaining the system in the field.
(M) Total lifecycle cost estimates.
(3) Scenarios to be assessed.--
(A) In general.--The study shall include, for each system,
an assessment of the operational capabilities of the system--
(i) to counter short-, medium-, and intermediate-range
ballistic missile threats to the deployed forces of the
United States and its friends and allies from rogue states;
and
(ii) to defend the territory of the United States against
limited ballistic missile attack.
(B) Comparison with non-boost systems.--The study shall
also include an assessment of the performance and operational
capabilities of non-boost missile defense systems to counter
the threats referred to in subparagraph (A), and shall
compare those capabilities with the predicted performance and
operational capabilities of the boost phase missile defense
systems to counter those threats. For purposes of this
subparagraph, the non-boost missile defense systems shall
include, at a minimum--
(i) the Patriot PAC-3 system and the Medium Extended Air
Defense System (MEADS) follow-on system;
(ii) the Aegis Ballistic Missile Defense system, with all
variants of the Standard Missile-3 interceptor;
(iii) the Terminal High Altitude Area Defense (THAAD)
system; and
(iv) the Ground-based Midcourse Defense system.
(4) Assessments and recommendations.--The study shall
include the following:
(A) Assessment of the developmental efforts to date and
feasibility of the currently funded boost phase missile
defense systems, using the factors outlined in paragraph (2).
(B) Assessment of the cost and benefits of the currently
funded boost phase missile defense systems.
(C) A recommended strategy for boost phase missile defense
investment over the Future Years Defense Program.
(D) Any other matter that the Federally Funded Research and
Development Center considers appropriate.
(c) Cooperation From Government.--In carrying out the
study, the Federally Funded Research and Development Center
shall receive the full and timely cooperation of the
Secretary of Defense and any other United States Government
official in providing the Center with analyses, briefings,
and other information necessary for the fulfillment of its
responsibilities.
(d) Report.--Not later than January 31, 2010, the Federally
Funded Research and Development Center shall submit to the
congressional defense committees a report on its findings,
conclusions, and recommendations. The report shall be in
unclassified form, but may include a classified annex.
(e) Prohibition.--No funds appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available for fiscal year 2009 or any fiscal year thereafter
may be obligated or expended for the acquisition of the
second Airborne Laser aircraft until 60 days after the report
required by this section is submitted.

SEC. 222. 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) The Government of Poland and the Government of the
Czech Republic have each signed and ratified the missile
defense basing agreements and status of forces agreements
that allow for the stationing, in their respective countries,
of the United States missile defense assets and personnel
needed to carry out the proposed deployment.
(2) Forty-five 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).
(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 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.

Subtitle D--Other Matters

SEC. 231. OVERSIGHT OF TESTING OF PERSONNEL PROTECTIVE
EQUIPMENT BY DIRECTOR, OPERATIONAL TEST AND
EVALUATION.

(a) Responsibilities of the Director, Operational Test and
Evaluation, With Respect to Personnel Protective Equipment.--
Section 139 of title 10, United States Code, is amended--

[[Page H4668]]

(1) in subsection (a)(2) by adding at the end the
following:
``(C) The term `covered system' means a Department of
Defense acquisition program that is a covered system for
purposes of section 2366 of this title or that is an item of
personnel protective equipment designated as a covered system
by the Secretary of Defense, or the Secretary's designee, for
purposes of this section.''; and
(2) in subsection (b)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) through (7) as (3)
through (6), respectively; and
(C) by amending paragraph (6) (as so redesignated) to read
as follows:
``(6) monitor and review the survivability and lethality
testing of covered systems, major munition programs, and
covered product improvement programs of the Department of
Defense provided under section 2366 of this title.''.
(b) Inclusion of Personnel Protective Equipment in
Survivability Testing Required Before Full-Scale
Production.--Section 2366 of title 10, United States Code, is
amended--
(1) in subsection (e) by amending paragraph (1) to read as
follows:
``(1) The term `covered system' means--
``(A) a vehicle, weapon platform, or conventional weapon
system--
``(i) that includes features designed to provide some
degree of protection to users in combat; and
``(ii) that is a major system within the meaning of that
term in section 2302(5) of this title; or
``(B) an item of personnel protective equipment designated
as a covered system in accordance with section 139(a)(2)(C)
of this title.''; and
(2) by adding at the end the following:
``(f) Personnel Protective Equipment.--In the case of an
item of personnel protective equipment designated as a
covered system, if, before a decision to proceed beyond low
rate initial production, a decision is made within the
Department of Defense to proceed to operational use of that
equipment or to make procurement funds available for that
equipment--
``(1) the milestone decision authority (as defined in
Department of Defense Directive 5000.1, dated May 12, 2003)
for the associated acquisition program shall notify the
Director of Operational Test and Evaluation of such a
decision, along with supporting rationale; and
``(2) the Director of Operational Test and Evaluation shall
submit to the Secretary of Defense and the congressional
defense committees the report required by subsection (d) as
soon as practicable.''.

SEC. 232. ASSESSMENT OF THE HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY SERVING INSTITUTIONS
PROGRAM.

(a) Assessment Required.--The Secretary of Defense shall--
(1) carry out an assessment of the capability of
Historically Black Colleges and Universities and Minority
Serving Institutions (HBCU/MI) to participate in research,
development, test, and evaluation programs for the Department
of Defense; and
(2) not later than twelve months after the date of the
enactment of this Act, submit to the congressional defense
committees a report on the assessment.
(b) Matters Assessed.--The report under subsection (a)
shall include the following:
(1) Summarized findings and lessons learned from HBCU/MI
programs based on contracts, grants, or cooperative agreement
awards.
(2) An assessment of the relevance, to include outcomes and
impacts, of those programs to the research mission of the
Department.
(3) An assessment of the national and regional conferences
held annually to provide technical assistance and information
regarding research, development, test, and evaluation
activities of the Department, including the following:
(A) The number of such conferences held over the last three
years, and a description of each such conference, to include
a description of activities conducted to meet the goals of
the conference.
(B) A follow-up assessment of the success of such
conferences from the perspective both of the Department and
of the attending institutions.
(C) An assessment as to whether such conferences are
appropriately targeted to institutions that have not
historically received contracts, grants or cooperative
agreements with the Department.
(4) As directed in Executive Order 13256, a plan
documenting the Department's effort in increasing the
capacity of HBCU/MIs to participate in the research programs
of the Department.
(5) Any other matters the Secretary considers appropriate.

SEC. 233. 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.

(a) In General.--Section 1635 of the National Defense
Authorization Act for Fiscal Year 2008 (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:
``(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 agencies are making
toward, ensuring interoperable and secure healthcare
information systems and electronic healthcare records.''.
(2) by adding at the end the following:
``(j) Technology-Neutral Guidelines and Standards.--
``(1) In general.--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 agencies to effectively select and
utilize information technologies to meet the requirements of
this section, in a manner that is--
``(A) interoperable;
``(B) inclusive of ongoing Federal efforts that provide
technical expertise to harmonize existing standards and
assist in the development of interoperability specifications;
and
``(C) consistent with relevant guidance and directives for
the development of information technology systems with the
Department of Defense and the Department of Veterans Affairs.
``(2) Elements.--The guidelines and standards developed or
adopted under subsection (a) shall--
``(A) promote the use by commercially available and open
source products to incorporate those guidelines and
standards;
``(B) develop uniform testing procedures suitable for
determining the conformance of commercially available and
other Federally developed healthcare information technology
products with the guidelines and standards;
``(C) support and promote the testing of electronic
healthcare information technologies utilized by the
Department of Defense and the Department of Veterans Affairs;
``(D) provide protection and security profiles;
``(E) establish a core set of specifications in
transactions between Federal agencies and their transaction
partners; and
``(F) include validation criteria to enable Federal
agencies to select healthcare information technologies
appropriate to their needs.
``(3) Report.--Not later than March 31, 2009, the Director
shall submit to the Secretary of Defense and the Secretary of
Veterans Affairs, and to the appropriate congressional
committees, a report identifying the guidelines and standards
developed or adopted under this subsection. The report shall
include--
``(A) a description of how the Office is working with the
Business Transformation Agency to integrate these standards
into the Enterprise Transition Plan for the Department of
Defense; and
``(B) a synchronization roadmap showing the timeline for
the deployment of applicable existing and planned healthcare
information technology systems and how they will implement
these standards.''.
(b) Compliance With Requirements.--The amendments made by
subsection (a) shall not impede the Secretary of Defense, the
Secretary of Veterans Affairs, and the interagency program
office from ensuring that the requirements of subsection (d)
of section 1635 of that Act, including the date specified in
that subsection, are met.

SEC. 234. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION
INITIATIVE.

(a) Assessment Required.--
(1) In general.--Not later than March 31, 2009, the Under
Secretary of Defense for Acquisition, Technology, and
Logistics shall assess the feasibility of consolidating
various technology transition accounts into a unified effort
managed by a senior official of the Department of Defense.
(2) OSD programs included.--Such assessment shall include,
but shall not be limited to, the following programs within
the Office of the Secretary of Defense: Technology Transition
Initiative, Foreign Comparative Test, Defense Acquisition
Challenge Program, Quick Reaction Fund, Manufacturing
Technology, Joint Capability Technology Demonstrations,
Defense Technology Link, Joint Capability Technology
Demonstration Transition Program, Defense Acquisition
Executive, Rapid Reaction Fund, and Operational
Experimentation Division.
(3) Military department programs included.--Such assessment
shall also include, as appropriate, the technology transition
initiatives of the military departments.
(b) Initiative Requirement Repealed.--
(1) In general.--Section 2359a of title 10, United States
Code, is amended--
(A) by amending the section heading to read as follows:

``Sec. 2359a. Technology Transition Council'';

(B) by striking subsections (a), (b), (c), (d), (e), (f),
and (h); and
(C) by redesignating subsections (g) and (i) as (a) and
(b), respectively.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 139 of title 10, United States Code, is
amended by striking the item relating to section 2359a and
inserting the following new item:

``2359a. Technology Transition Council.''.

SEC. 235. TRUSTED DEFENSE SYSTEMS.

(a) Assessment Required.--The Secretary of Defense shall
conduct a comprehensive assessment of covered acquisition
programs to identify vulnerabilities in the supply chain of
each program's information processing systems that
potentially compromise the level of trust in such systems.
Such assessment shall also--
(1) assess vulnerabilities at multiple levels of the
information processing system, including but not limited to,
microcircuits, software, and firmware;
(2) prioritize the potential vulnerabilities and impacts 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;

[[Page H4669]]

(3) provide recommendations regarding ways to improve trust
in the supply chain for covered acquisition programs; and
(4) identify the appropriate lead, and supporting elements,
within the Department of Defense for the development of an
integrated strategy for ensuring trust in the supply chain
for acquisition programs.
(b) Strategy Required.--The lead identified pursuant to
subsection (a)(4), in cooperation with the supporting
elements also identified by the Secretary of Defense, shall
develop an integrated strategy for ensuring trust in the
supply chain for acquisition programs. Such strategy shall--
(1) address the vulnerabilities identified by the
Secretary's assessment under subsection (a);
(2) reflect the priorities identified by such assessment;
(3) be executable by the defense acquisition community; and
(4) be sufficiently specific to provide guidance for the
planning, programming, budgeting, and execution process in
order to ensure acquisition programs have the necessary
resources to implement all appropriate elements of the
strategy.
(c) Interim Policy for Application Specific Integrated
Circuits.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue a
policy requiring covered trusted systems to employ only
trusted foundry services to fabricate their custom designed
integrated circuits.
(d) 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 assessment required by subsection (a); and
(2) the strategy required by subsection (b).
(e) Definitions.--In this section:
(1) The term ``covered acquisition programs'' means a
Department of Defense acquisition program that is a major
system for purposes of section 2302(5) of title 10, United
States Code, and--
(A) has not yet entered low-rate initial production, as
defined in section 2400 of title 10, United States Code; or
(B) is currently in production or no longer in production,
and information processing system upgrades are still planned
over the life cycle of the system.
(2) The terms ``trust'' and ``trusted'' refer to the high
confidence by the Department of Defense in the national
ability to secure national security systems by assessing the
integrity of the people and processes used to design,
generate, manufacture, and distribute national security
critical components.
(3) The term ``covered trusted systems'' means--
(A) all Mission Assurance Category I systems, as defined in
Department of Defense Directive 8500.01E and associated
Department of Defense Instruction 8500.2; and
(B) any other system identified by the Secretary of Defense
as a system--
(i) that is vital to mission effectiveness or operational
readiness of deployed or contingency forces;
(ii) the loss or degradation of which results in immediate
and sustained loss of mission effectiveness;
(iii) that is highly accurate and highly available; and
(iv) for which the most stringent protection measures are
required.
(4) The term ``trusted foundry services'' means the program
co-funded by the National Security Agency and the Department
of Defense, through program element 0605140D8Z, or any such
similar program approved by the Secretary of Defense.

SEC. 236. 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.

SEC. 237. 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 military services. The assessment
shall--
(1) address critical technologies required for future
development, including a technology roadmap;
(2) include the development of a strategic plan that--
(A) formalizes the Department of Defense's strategic vision
for the next generation of Department of Defense vertical
lift aircraft and rotorcraft;
(B) establishes joint requirements for the next generation
of Department of Defense vertical lift aircraft and
rotorcraft technology; and
(C) emphasizes the development of common service
requirements; and
(3) include the development of a detailed science and
technology investment and implementation plan and an
identification of the resources required to implement it.
(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 strategic plan referred to in subsection (a)(2);
(3) the plan and the identification of resources 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 (JAST) Office.

SEC. 238. AVAILABILITY OF FUNDS FOR PROMPT GLOBAL STRIKE
CAPABILITY DEVELOPMENT.

(a) In General.--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, or those activities otherwise expressly
authorized by Congress.
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees, concurrently with the
President's budget request for fiscal year 2010, a report
that describes each conventional prompt global strike concept
that--
(1) has been, or will be, affected by the technology
applications developed pursuant to conventional prompt global
strike activities within fiscal year 2009; and
(2) will be considered within the context of any
conventional prompt global strike concept decision in fiscal
year 2010.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

Subtitle C--Workplace and Depot Issues

Subtitle D--Energy Security

Subtitle E--Reports

Subtitle F--Other Matters

[[Page H4670]]

Sec. 358. Availability of funds for Irregular Warfare Support program.
Sec. 359. Sense of Congress regarding procurement and use of munitions.
Sec. 360. Limitation on obligation of funds for Air Combat Command
Management Headquarters.
Sec. 361. Increase of domestic sourcing 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, $31,788,395,000.
(2) For the Navy, $34,870,098,000.
(3) For the Marine Corps, $5,680,054,000.
(4) For the Air Force, $35,060,427,000.
(5) For Defense-wide activities, $25,806,657,000.
(6) For the Army Reserve, $2,659,141,000.
(7) For the Naval Reserve, $1,311,085,000.
(8) For the Marine Corps Reserve, $213,131,000.
(9) For the Air Force Reserve, $3,202,892,000.
(10) For the Army National Guard, $5,900,346,000.
(11) For the Air National Guard, $5,929,576,000.
(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,
$445,135,000.
(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.''.

Subtitle C--Workplace and Depot Issues

SEC. 321. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE
COMPETITIONS.

(a) Time Limitation.--Section 2461(a) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(5)(A) The duration of a public-private competition
conducted pursuant to Office of Management and Budget
Circular A-76 or any other provision of law for any function
of the Department of Defense performed by Department of
Defense civilian employees may not exceed a period of 540
days, commencing on the date on which the preliminary
planning for the public-private competition begins through
the date on which a performance decision is rendered with
respect to the function.
``(B) The time period specified in subparagraph (A) for a
public-private competition does not include any day during
which the public-private competition is delayed by reason of
a protest before the Government Accountability Office or the
United States Court of Federal Claims unless the Secretary of
Defense determines that the delay is caused by issues being
raised during the appellate process that were not previously
raised during the competition.''.
(b) Effective Date.--Paragraph (5) of section 2461(a) of
title 10, United States Code, as added by subsection (a),
shall apply with respect to a public-private competition
covered by such section that is being conducted on or after
the date of the enactment of this Act.

SEC. 322. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE
GOVERNMENT-WIDE DEFINITION OF INHERENTLY
GOVERNMENTAL FUNCTION.

(a) Development and Implementation of Definition of
Inherently Governmental Function.--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 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;
(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; and
(D) allow the head of each such department or agency to
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;
(3) in addition to the actions described under paragraphs
(1) and (2), 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

[[Page H4671]]

paragraph (2) 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;
(4) in undertaking the actions described in paragraphs (1)
and (2), take into account the final recommendations and
related findings concerning performance of inherently
governmental functions in the Final Report of the Acquisition
Advisory Panel established pursuant to section 1423 of the
Services Acquisition Reform Act of 2003 (title XIV of Public
Law 108-136; 41 U.S.C. 405 note) and any other relevant
reports or documents; 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 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
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.
(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 developed under
this section is 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 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.

SEC. 323. 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
(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.
(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 (d) 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. 324. HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS
REENGINEERING.

(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 129c the following new
section:

``Sec. 129d. High-performing organizations

``(a) Guidelines for Establishment of High-Performing
Organizations.--The Secretary of Defense shall develop
guidelines for

[[Page H4672]]

the establishment of a high-performing organization conducted
through a business process reengineering initiative. The
guidelines shall ensure consideration and assessment of the
following:
``(1) Number of employees to be affected by the initiative.
``(2) Resources needed to conduct the initiative.
``(3) Location where the initiative will be performed, and
the location of the affected employees if different from the
initiative location.
``(4) Functions to be included in the initiative.
``(5) Timeline for implementation of the initiative.
``(6) Estimated duration of the initiative if such
initiative is deemed to be temporary.
``(b) Restriction on High-Performing Organizations.--The
Secretary of Defense, with respect to matters concerning the
Defense Agencies, and the Secretary of a military department,
may not begin implementation of a business process
reengineering initiative to establish a high performing
organization until--
``(1) the Secretary submits to Congress the notification
required by subsection (d); and
``(2) the requirements of paragraphs (2) and (3) of section
7106(b) of title 5 are complied with.
``(c) Certain Initiatives Prohibited.--The Secretary of
Defense, or the Secretary of a military department, may not
implement a high-performing organization if--
``(1) it were to result in a change of the collective
bargaining status of an employee in the Department of Defense
or in the representation status of a labor organization with
exclusive representation status, as provided in section 7114
of title 5; or
``(2) any planned reductions in staffing are based on cost
savings assumptions that are unrelated to the establishment
of the high performing organization.
``(d) Congressional Notification.--Forty-five days before
commencing a high-performing organization under subsection
(a), the Secretary of Defense or the Secretary of the
military department concerned shall submit to Congress a
notification describing the assessment required by subsection
(a).
``(e) Annual Evaluation.--The Secretary of Defense or the
Secretary of the military department concerned shall conduct
annual performance reviews of the participating organizations
or functions under the jurisdiction of the Secretary. The
reviews shall be submitted to Congress. Each review shall
evaluate the performance of the high performance organization
in the following areas;
``(1) Costs, savings, and overall financial performance of
the organization.
``(2) Organic knowledge, skills or expertise.
``(3) Efficiency and effectiveness of key functions or
processes.
``(4) Efficiency and effectiveness of the overall
organization.
``(f) Definitions.--In this section,
``(1) The term `high-performing organization' means an
organization whose performance exceeds that of comparable
providers, whether public or private.
``(2) The term `business process reengineering initiative'
means an approach to reinvent or consolidate functions
whether they are inherently governmental, military essential,
or commercial activities, or a reorganization that is
undertaken at the direction of the Office of Management and
Budget.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 129c the following new item:

``129d. High-performing organizations.''.

SEC. 325. TEMPORARY SUSPENSION OF STUDIES AND PUBLIC-PRIVATE
COMPETITIONS REGARDING CONVERSION OF FUNCTIONS
OF THE DEPARTMENT OF DEFENSE PERFORMED BY
CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE.

(a) Findings.--Congress finds the following:
(1) The turbulence caused by the efforts of the Department
of Defense to increase the size of the Armed Forces,
implement the decisions of the 2005 round of base
realignments and closures, and execute transformational
initiatives, combined with the strain on the Armed Forces due
to ongoing contingency operations, could impede sound
decisions regarding the conversion to contractor performance
of functions of the Department of Defense performed by
civilian employees.
(2) Public-private competitions may unnecessarily divert
Department of Defense personnel and resources away from
operational obligations.
(3) The Secretary of Defense needs to ensure that readiness
is fully supported.
(b) Suspension.--During the period beginning on the date of
the enactment of this Act and ending on September 30, 2011,
no study or public-private competition regarding the
conversion to contractor performance of any function of the
Department of Defense performed by civilian employees may be
begun or announced pursuant to section 2461 of title 10,
United States Code, or otherwise pursuant to Office of
Management and Budget Circular A-76.

SEC. 326. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD
AIRCRAFT MAINTENANCE.

(a) Role of National Guard Bureau.--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 until the
Secretary consults with, and obtains the consent of, the
National Guard Bureau.
(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 actions, 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.

SEC. 327. GUIDANCE FOR PERFORMANCE OF CIVILIAN PERSONNEL WORK
UNDER AIR FORCE CIVILIAN PERSONNEL
CONSOLIDATION PLAN.

(a) Guidance for Civilian Personnel Management
Consolidation.--In determining which, if any, civilian
personnel management functions may appropriately be
consolidated under one command or in a central or regional
location, the Secretary of the Air Force shall be guided by
the anticipated positive or negative impact upon the
productivity of the managed workforces at different commands
and the consequently anticipated positive or negative impact
upon mission accomplishment at the different commands. This
analysis shall be customized for each affected command,
taking into account such factors as the size and complexity
of the civilian workforce and the extent to which mission
accomplishment is dependent upon the productivity of the
civilian workforce. What functions are deemed
``transactional'' or ``nontransactional'' may vary for each
affected command. In general, more of the civilian personnel
management functions for smaller, less civilian dependent
commands may be consolidated in a central or regional
location or command while fewer functions may be consolidated
from larger, more civilian dependent commands.
(b) Prohibition on Consolidation of Certain Functions.--For
the Large Civilian Centers, the Secretary of the Air Force
will not consolidate in a central or regional location or
command at least the following functions:
(1) Staffing positions filled through internal or external
recruitment processes.
(2) Development of position classifications or job
descriptions.
(3) Employee management relations, including performance
management programs, conduct or discipline programs and labor
management programs.
(4) Labor force planning and management, including internal
pay pool management and employee performance reviews.
(5) Managing workers compensation program pursuant to
chapter 81 of title 5, United States Code, or relevant State
workers' compensation programs.
(c) Large Civilian Center Defined.--In this section, the
term ``Large Civilian Center'' refers to installations or
commands with operational missions primarily dependent upon
the productivity of civilian workforces typically numbering
in the thousands and engaged in program management, systems
engineering, research or development, logistics management,
software management, management of existing aircraft systems,
and depot level maintenance. Such an installation or command
typically includes occupational series far in excess of those
assigned to other, more typical, Air Force installations or
commands.

SEC. 328. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON
AIR FORCE BASES.

In an effort to ensure 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, not later than 90 days after
the date of the enactment of this Act, a report on the effect
of the reduction in fire fighters on Air Force bases as a
result of PBD720. Such report shall include the following:
(1) An evaluation of current fire fighting capability and
whether the reduction has increased the risk of harm to
either fire fighters or those they may serve in response to
an emergency.
(2) An evaluation on whether there is adequate capability
within the surrounding municipal communities to support a
base aircraft rescue or respond to a fire involving a combat
aircraft, cargo aircraft or weapon system.
(4) An evaluation of the impact on certifications of the
base fire departments as a result of the reductions in fire
fighting personnel and or functions at the base.
(5) A plan to restore personnel needed to support the
mission should it be determined that personnel reductions
resulting from PBD720 have negatively impacted the ability to
perform their mission.

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

[[Page H4673]]

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 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 campaign analyses and force
planning processes that are used to establish capability
requirements and inform acquisition decisions, the Secretary
of Defense shall require that campaign analyses and force
planning processes consider the requirements for, and
vulnerability of, fuel logistics and their relationship to
operational capability.
(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.
(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
implementation of the requirements not later than three years
after such date.
(e) Report.--Until the certification required by subsection
(g) is provided, the Secretary of Defense shall submit to the
congressional defense committees a report, not later than
January 1 of each year, describing progress made to implement
the requirements of this section during the preceding fiscal
year.
(f) 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.
(g) Certification 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 certify
to the congressional defense committees that the Secretary
has complied with the requirements of this section. If the
Secretary is unable to provide the certification, 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.

SEC. 333. STUDY ON SOLAR ENERGY FOR USE AT FORWARD OPERATING
LOCATIONS.

(a) Study Required.--The Secretary of Defense shall provide
for a study to examine the feasibility of using solar energy
to provide electricity at forward operating locations.
(b) Matters Examined.--The study shall examine, at a
minimum, the following:
(1) The potential for solar energy to reduce the fuel
supply needed to provide electricity at forward operating
locations 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 energy to provide electricity.
(3) The potential savings of using solar energy to provide
electricity compared to current methods.
(4) The environmental benefits of using solar energy to
provide electricity instead of the current methods.
(5) The sustainability and operating requirements of solar
energy systems for providing electricity compared to current
methods.
(c) Report.--Not later than March 1, 2009, 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 COAL-TO-LIQUID FUELS.

(a) Study Required.--The Secretary of Defense shall conduct
a study on alternatives to reduce the life cycle emissions of
coal-to-liquid fuels and potential uses of coal-to-liquid
fuels to meet the Department's mobility energy requirements.
(b) Matters Examines.--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 coal-to-liquid 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.
(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).

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.

[[Page H4674]]

(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 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 National Guard forces may face serving as an
operational reserve, including--
(1) equipment availability, maintenance, and logistics
issues;
(2) manning and force structure;
(3) training constraints limiting--
(A) facilities and ranges;
(B) access to military schools and skill training; and
(C) access to the Combat Training Centers; and
(4) 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 link 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 ability to train and employ
reserve component units--
(A) to execute the wartime or primary missions for which
the units are designed; and
(B) for non-traditional missions to which such units are
assigned, as of the date of the enactment of this Act, in
support of ongoing operations, including factors affecting
unit or individual preparation, the effect of notification
timelines, and access to training facilities, including the
National Training Center and the Joint Readiness Training
Center; and
(2) an analysis of the effect of mobilization and
deployment laws, goals, and policies on the Army's ability to
train and employ reserve component units for the purposes
described in paragraph (1).

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.

SEC. 346. REPORT ON OPTIONS FOR PROVIDING REPAIR CAPABILITIES
TO SUPPORT SHIPS OPERATING NEAR GUAM.

(a) Report Required.--Not later than March 1, 2009, the
Secretary of the Navy shall submit to the committees on Armed
Services of the Senate and House of Representatives a report
on the best option or combination of options for providing
voyage repair capabilities to support all United States Navy
ships operating at or near Guam.
(b) Contents of Report.--The report required under
subsection (a) shall include each of the following:
(1) The Secretary's estimate, based on the quantitative
data determined to be most appropriate by the Secretary, of
the requirements for voyage repairs for all United States
Navy vessels operating at or near Guam, including--
(A) such requirements for ships operated by the Military
Sealift Command; and
(B) such requirements for United States Navy vessels for
which the designated homeport of the vessel is anticipated to
become Guam as a result of the realignment of the Armed
Forces from Okinawa, Japan, to Guam.
(2) The recommendations of the Secretary for ensuring that
adequate voyage repair capabilities are available for all
United States Navy ships operating at or near Guam and an
estimate of the amount of time required to implement such
capabilities.
(3) The Secretary's assessment of the benefits and
limitations of each option for providing voyage repairs to
all United States Navy ships operating at or near Guam and of
the anticipated costs and strategic and operational risks
associated with each such option.
(4) A plan and schedule for implementing a course of action
to ensure that the required ship repair capability is
available by not later than October 31, 2012.

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, as determined necessary by the Secretary or
the Secretary's delegee, to the extent necessary to render
the item unserviceable in the interest of public safety.'';
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) pay and allowances;
(B) support costs;
(C) Medicare eligible retiree health fund contributions
(D) flying hours; and
(E) 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. SENSE OF CONGRESS THAT AIR SOVEREIGNTY ALERT
MISSION SHOULD RECEIVE SUFFICIENT FUNDING AND
RESOURCES.

It is the sense of Congress that--
(1) since the tragic events of September 11, 2001, the Air
National Guard has bravely performed the Air Sovereignty
Alert mission to defend the homeland in support of Operation
Noble Eagle;
(2) the Air National Guard continues to serve as the
backbone of this vital national security mission;
(3) the United States Air Force should include full funding
for the Air Sovereignty Alert mission in the baseline budget
of the Air Force;
(4) the United States Air Force should program sufficient
personnel, equipment, and aircraft resources to the Air
National Guard to fully and safely perform the Air
Sovereignty Alert mission;
(5) the capability of Air National Guard aircraft assigned
to the Air Sovereignty Alert mission is rapidly deteriorating
due to age and may impede the ability of the Air National
Guard to protect the homeland;
(6) by 2015, many of the Air National Guard's fighter
aircraft will have exceeded their service life and will be
grounded, resulting in a breach of homeland defense, a
potential closure of Air National Guard bases, the loss of
critical personnel with the accompanying loss of experience
and training, and the loss of the fighter capability of the
Air National Guard; and
(7) the United States Air Force should ensure that the Air
National Guard and the Air Sovereignty Alert mission are
provided with resources, personnel, and aircraft needed to
support this critical mission now and in the future.

SEC. 356. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.

(a) Revision Required.--Not later than 90 days after the
date of 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 Travel
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. 357. 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

[[Page H4675]]

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. 358. AVAILABILITY OF FUNDS FOR IRREGULAR WARFARE SUPPORT
PROGRAM.

Of the amount appropriated pursuant to an authorization of
appropriations or otherwise made available for the Joint
Improvised Explosive Device Defeat Organization for fiscal
year 2009, $75,000,000 shall be available for the Irregular
Warfare Support program (program element line 0603121D8Z, SO/
LIC Advanced Development).

SEC. 359. SENSE OF CONGRESS REGARDING PROCUREMENT AND USE OF
MUNITIONS.

It is the sense of Congress that the Secretary of Defense
should--
(1) in making decisions with respect to procurement of
munitions, develop methods to account for the full life-cycle
costs of munitions, including the effects of failure rates on
the cost of disposal; and
(2) undertake a review of live-fire practices for the
purpose of reducing unexploded ordnance and munitions-
constituent contamination without impeding military
readiness.

SEC. 360. LIMITATION ON OBLIGATION OF FUNDS FOR AIR COMBAT
COMMAND MANAGEMENT HEADQUARTERS.

Of the funds appropriated pursuant to an authorization of
appropriations or otherwise made available for Operation and
Maintenance, Air Force, for fiscal year 2009, the amount that
may be obligated for Air Force Commander, Air Combat Command
Management Headquarters, Sub-Activity Group 012E, for any
fiscal quarter of such fiscal year may not exceed 80 percent
of the amount of such funds obligated for such purpose for
the corresponding fiscal quarter of fiscal year 2008 until
the Secretary of Defense certifies to the congressional
defense committees that by not later than February 3, 2009,
the Future Year's Defense Plan will include funding for 76
commonly configured B-52 aircraft.

SEC. 361. INCREASE OF DOMESTIC SOURCING 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, with the ultimate goal of procuring all
military working dogs through domestic breeders.
(c) Military Working Dog Defined.--For purposes of this
section, the term ``military working dog'' means a dog used
in any official military capacity, as defined by the
Secretary of Defense.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

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

Subtitle B--Reserve Forces

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 532,400.
``(2) For the Navy, 326,323.
``(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, 106,700.
(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, 17,070.
(3) The Navy Reserve, 11,099.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,337.
(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--

[[Page H4676]]

(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 $124,659,768,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2009.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Subtitle B--Reserve Component Management

Subtitle C--Joint Qualified Officers and Requirements

Subtitle D--General Service Authorities

Sec. 531. Increase in authorized maximum reenlistment term.
Sec. 532. Career intermission pilot program.

Subtitle E--Education and Training

Subtitle F--Military Justice

Subtitle G--Decorations, Awards, and Honorary Promotions

Subtitle H--Impact Aid

Subtitle I--Military Families

Sec. 581. Presentation of burial flag.
Sec. 582. Education and training opportunities for military spouses.

Subtitle J--Other Matters

Subtitle A--Officer Personnel Policy Generally

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

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

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

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

SEC. 503. EXTENSION OF AUTHORITY TO REDUCE MINIMUM LENGTH OF
ACTIVE SERVICE REQUIRED FOR VOLUNTARY
RETIREMENT AS AN OFFICER.

(a) Army.--Section 3911(b)(2) of title 10, United States
Code, is amended by inserting after ``December 31, 2008,''
the following: ``and

[[Page H4677]]

again during the one-year period beginning on October 1,
2013,''.
(b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such
title is amended by inserting after ``December 31, 2008,''
the following: ``and again during the one-year period
beginning on October 1, 2013,''.
(c) Air Force.--Section 8911(b)(2) of such title is amended
by inserting after ``December 31, 2008,'' the following:
``and again during the one-year period beginning on October
1, 2013,''.

SEC. 504. INCREASE IN AUTHORIZED NUMBER OF GENERAL OFFICERS
ON ACTIVE DUTY IN THE MARINE CORPS.

(a) Increase.--Section 526(a)(4) of title 10, United States
Code, is amended by striking ``80'' and inserting ``81''.
(b) Conforming Amendments Regarding Distribution of Marine
General Officers.--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)(2)(B), by striking ``17.5 percent''
and inserting ``19 percent''.

Subtitle B--Reserve Component Management

SEC. 511. EXTENSION TO ALL MILITARY DEPARTMENTS OF AUTHORITY
TO DEFER MANDATORY SEPARATION OF MILITARY
TECHNICIANS (DUAL STATUS).

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

SEC. 512. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS
RESERVE OFFICERS ON ACTIVE DUTY IN THE GRADES
OF MAJOR AND LIEUTENANT COLONEL TO MEET FORCE
STRUCTURE REQUIREMENTS.

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 certain grades 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 Marine Corps Reserve and
inserting the following:

----------------------------------------------------------------------------------------------------------------
``Marine Corps Reserve: Major Lieutenant Colonel Colonel
----------------------------------------------------------------------------------------------------------------
1,100 ......... 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 99 32
2,400 ......... 138 101 33
2,500 ......... 140 103 34
2,600 ......... 142 105 35''.
----------------------------------------------------------------------------------------------------------------

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.--
(1) Increased age.--Section 14702(b) of such title is
amended--
(A) in the subsection heading, by striking ``at Age 60''
and inserting ``for Age''; and
(B) 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. STUDY AND REPORT REGARDING PERSONNEL MOVEMENTS IN
MARINE CORPS INDIVIDUAL READY RESERVE.

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 for the movement of
personnel in and out of the Individual Ready Reserve. Not
later than 90 days after the date of the enactment of this
Act, the Secretary shall submit to the congressional defense
committees a report containing the results of the study.

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:

[[Page H4678]]

``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 title 10,
United States Code, 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 title 10, United States Code, 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), the following new paragraph:
``(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), by striking ``that--'' and all that
follows through ``served in joint duty assignments'' and
inserting ``that officers in the grade of major (or in the
case of the Navy, lieutenant commander) or above who are
designated as a Joint Qualified Officer''; and
(2) in subsection (b), by striking ``officers who are
serving in, or have served in, joint duty assignments,
especially with respect to the record of officer selection
boards in meeting the objectives of paragraphs (1) and (2) of
subsection (a).'' and inserting ``officers in the grades of
major (or in the case of the Navy, lieutenant commander)
through colonel (or in the case of the Navy, captain) who are
designated as a Joint Qualified Officer, especially with
respect to the record of officer selection boards in meeting
the objective of subsection (a).''.

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) 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) 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) 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) 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. TREATMENT OF CERTAIN SERVICE AS JOINT DUTY
EXPERIENCE.

(a) Vice Chiefs, Army and Air National Guard.--Section
10506(a)(3) of title 10, United States Code is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Service of an officer as adjutant general shall be
treated as joint duty experience for purposes of assignment
or promotion to any position designated by law as open to a
National Guard general officer.''.
(b) Adjutants General and Similar Officers.--The service of
an officer of the Armed Forces as adjutant general, or as an
officer (other than adjutant general) of the National Guard
of a State who performs the duties of adjutant general under
the laws of such State, shall be treated as joint duty or
joint duty experience for purposes of any provisions of law
required such duty or experience as a condition of assignment
or promotion.

[[Page H4679]]

(c) Report on Duty in Joint Force Headquarters to Qualify
as Joint Duty Experience.--Not later than April 1, 2009, the
Chief of the National Guard Bureau shall, in consultation
with the adjutants general of the National Guard, submit to
the Chairman of the Joint Chiefs of Staff and to Congress a
report setting forth the recommendations of the Chief of the
National Guard Bureau as to 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 for purposes of the provisions of law
requiring such duty or experience as a condition of
assignment or promotion.
(d) Reports on Joint Education Courses.--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.
Each report shall include, for the preceding year, the
following:
(1) A list and description of the joint education courses
so available during such year.
(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 course listed under paragraph (1), the number
of officers from each Armed Force who pursued such course
during such year, including the number of officers of the
Army National Guard, and of the Air National Guard, who
pursued such course.
(e) Memorandum of Understanding Regarding the United States
Northern Command and Other Combatant Commands.--
(1) Memorandum required.--Not later than 180 days after the
date of the enactment of this Act, the Commander of the
United States Northern Command, the Commander of the United
States Pacific Command, and the Chief of the National Guard
Bureau shall, with the approval of the Secretary of Defense,
jointly enter into a memorandum of understanding setting
forth the operational relationships, and individual roles and
responsibilities, during responses to domestic emergencies
among the United States Northern Command, the United States
Pacific Command, and the National Guard Bureau.
(2) Modification.--The Commander of the United States
Northern Command, the Commander of the United States Pacific
Command, and the Chief of the National Guard Bureau may from
time to time modify the memorandum of understanding under
this subsection to address changes in circumstances and for
such other purposes as the Commander of the United States
Northern Command, the Commander of the United States Pacific
Command, and the Chief of the National Guard Bureau jointly
consider appropriate. Each such modification shall be subject
to the approval of the Secretary of Defense.
(f) Report on Defense of the Homeland.--
(1) Review.--The Secretary of Defense, in consultation with
the Chief of the National Guard Bureau, shall conduct a
review of the role of the Department of Defense in the
defense of the homeland. In conducting that review, the
Secretary shall--
(A) assess section II 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
(B) comment on recommendation number 2 under section II of
the report described in subparagraph (A).
(2) Report.--Not later than April 1, 2009, the Secretary of
Defense shall issue to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the review.

Subtitle D--General Service Authorities

SEC. 531. INCREASE IN AUTHORIZED MAXIMUM REENLISTMENT TERM.

(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)(ii) of title 37, United States Code, is
amended by striking ``not to exceed six''.

SEC. 532. CAREER INTERMISSION PILOT PROGRAM.

(a) Program Authorized.--Chapter 40 of title 10, United
States Code, is amended by inserting after section 708 the
following new section:

``Sec. 708a. Career intermission pilot program

``(a) Program Authorized.--(1) The Secretary of a military
department may establish a pilot program under which an
officer or enlisted member of an armed force under the
jurisdiction of the Secretary--
``(A) is released from active duty for a period not to
exceed the period specified in subsection (c)(1) to meet
personal or professional needs of the member;
``(B) is transferred to the Ready Reserve of that armed
force during such period, as provided in subsection (d); and
``(C) is returned to active duty at the end of such period,
as provided in subsection (c)(2).
``(2) The pilot program shall be known as the `Career
Intermission Pilot Program' (in this section referred to as
the `program').
``(b) Number of Participants.--No more than 20 officers and
20 enlisted members of each armed force under the
jurisdiction of the Secretary of a military department may be
selected per year for participation in the program.
``(c) Maximum Duration of Absence; Return to Active Duty.--
(1) The period during which a member participating in the
program will be released from active duty shall be agreed
upon by the Secretary concerned and the member, but the
period may not exceed three years from the date of the
member's release from active duty.
``(2) A member participating in the program shall return to
active duty at the end of the agreed-upon period or such
earlier date as the member may request.
``(d) Reserve Agreement.--(1) Before being released from
active duty under the program, a member participating in the
program shall--
``(A) be appointed or enlisted in the Ready Reserve for the
member's armed force; and
``(B) enter into an agreement with the Secretary concerned
to serve on active duty in a regular or reserve component, as
determined by the Secretary, for a period of not less than
two months for every month of program participation following
the member's return to active duty.
``(2) During the period of release from active duty, a
member participating in the program shall report at least
once per month to a location designated by the Secretary
concerned and be required to maintain the job specialty
qualifications the member held immediately before being
released from active duty under the program.
``(3) 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 this subsection. 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) while the member is released from
active duty.
``(e) Exclusion of Time in Program.--Time spent in the
program shall not count toward--
``(1) determining eligibility for retirement or transfer to
the Ready Reserve under chapter 367, 571, 867, or 1223 of
this title;
``(2) computation of retired or retainer pay under chapter
71 or chapter 1223 of this title; or
``(3) computation of total years of commissioned service
under section 14706 of this title.
``(f) Medical and Dental Care.--While a member is
participating in the program, the member shall remain
entitled to medical and dental care on the same basis as a
member of the armed forces on active duty, and dependents of
a member participating in the program shall remain entitled
to medical and dental care on the same basis as the
dependents of a member of the armed forces on active duty.
``(g) Promotion Eligibility.--(1) An officer participating
in the program shall not be eligible for consideration for
promotion under chapter 36 or 1405 of this title during the
period of the officer's release from active duty. Upon return
to active duty--
``(A) the officer's date of rank shall be adjusted to a
later date under regulations prescribed by the Secretary of
Defense; and
``(B) the officer shall be eligible for consideration for
promotion when officers of the same competitive category,
grade, and seniority are eligible for consideration.
``(2) An enlisted member participating in the program is
ineligible for consideration for promotion during the period
of the member's release from active duty and until such time
after the member's return to active duty when the member
becomes eligible for promotion by reason of time in grade and
such other requirements as may be specified in regulations.
``(h) Basic Pay.--For each month during which a member is
released from active duty under the program, the member is
entitled to two times one-thirtieth of the basic pay to which
the member would be otherwise entitled based on grade and
years of service if the member remained on active duty.
``(i) Travel and Transportation Allowances.--(1)
Notwithstanding any other provision of law, a member
participating in the program is entitled to the travel and
transportation allowances under section 404 of title 37 for
travel--
``(A) performed from the member's location, at the time of
the member's release from active duty under the program, to
the location in the United States designated as the member's
permanent residence; and
``(B) performed in connection with the member's return to
active duty.
``(2) An allowance will be paid under this subsection for
travel to and from only one residence.
``(j) Special and Incentive Pays and Bonuses.--While
released from active duty under the program, a member may not
receive any special or incentive pay or bonus under chapter 5
of title 37 to which the member would otherwise be entitled.
When the member returns to active duty after the period of
participation in the program, the member shall receive all of
the special and incentive pays that the member was receiving
before being released from active duty and for which the
member remains qualified to receive upon the return to active
duty.
``(k) Duration of Program Authority.--The authority to
conduct the program commences on January 1, 2009, and no
member may be released from active duty under the program
after December 31, 2014.''.
(b) Exclusion From Computation of Reserve Officer's Total
Years of Service.--Section 14706(a) of such title is amended
by adding at the end the following new paragraph:
``(4) Service while participating in the Career
Intermission Pilot Program under section 708a of this
title.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 40 of such title is amended by inserting
after the item relating to section 708 the following new
item:

``708a. Career intermission pilot program.''.

[[Page H4680]]

Subtitle E--Education and Training

SEC. 541. REPEAL OF PROHIBITION ON PHASED INCREASE IN
MIDSHIPMEN AND CADET STRENGTH LIMIT AT UNITED
STATES NAVAL ACADEMY AND AIR FORCE ACADEMY.

(a) Naval Academy.--Section 6954(h)(1) of title 10, United
States Code, is amended by striking the last sentence.
(b) Air Force Academy.--Section 9342(j)(1) of title 10,
United States Code, is amended by striking the last sentence.

SEC. 542. 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 attendence.
``(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
attendence.
``(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 attendence.
``(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. 543. COMPENSATION FOR CIVILIAN PRESIDENT OF NAVAL
POSTGRADUATE SCHOOL.

Section 7042 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c)(1) If the individual holding the position of
President of the Naval Postgraduate School is a civilian, the
Secretary shall pay the individual such compensation for the
individual's service as President as the Secretary
prescribes, except that--
``(A) basic pay for the President may not exceed the rate
of compensation authorized for positions in level I of the
Executive Schedule under section 5312 of title 5; and
``(B) total aggregate compensation for the President,
including bonuses, awards, allowances, or other similar cash
payments, may not exceed the total annual compensation
payable under section 104 of title 3.
``(2) The limitations in section 5373 of title 5 do not
apply to the authority of the Secretary under this subsection
to prescribe the salary and other related benefits for the
position of President of the Naval Postgraduate School.''.

SEC. 544. 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. 545. REQUIREMENT OF COMPLETION OF SERVICE UNDER
HONORABLE CONDITIONS FOR PURPOSES OF
ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR
RESERVE COMPONENTS 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 apply to persons described in section 16163 of title 10,
United States Code, who separate on or after that date from a
reserve component.

SEC. 546. 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. 547. 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 4,000 Junior Reserve Officers' Training Corps
units not later than fiscal year 2020.
(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.

[[Page H4681]]

(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 number of units of the Junior Reserve Officers'
Training Corps specified in subsection (a) is achieved.
(f) Additional Curriculum Element.--The Secretary of each
military department shall develop and implement a segment of
the Junior Reserve Officers' Training Corps curriculum that
includes the contribution and defense historiography of
gender and ethnic specific groups.

Subtitle F--Military Justice

SEC. 551. 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.''.

SEC. 552. STANDING MILITARY PROTECTION ORDER.

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

``SEC. 1567. STANDING MILITARY PROTECTIVE ORDER.

``The issuance of a military protective order by a military
commander shall be deemed a standing order until--
``(1) the allegation prompting the protective order is
resolved by investigation, courts martial, or other command
determined adjudication; or
``(2) the military commander issues a new 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. Standing military protective order.''.

SEC. 553. 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 552, the following new section:

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

``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;
``(2) the duration of the protective order; and
``(3) the individuals involved in the 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. 554. 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 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.
(2) Completion.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall complete
implementation of the database.
(d) Reports.--The database 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 across the
Department of Defense, to include a clear definition of the
following terms:
``(A) Restricted reports.
``(B) Unrestricted reports.
``(C) Substantiated reports.''.

Subtitle G--Decorations, Awards, and Honorary Promotions

SEC. 561. 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) Exception.--Subsection (a) does not apply to the
medal of honor.
``(c) Military Decoration Defined.--In this section, the
term `decoration' means any decoration or award that may be
presented or awarded 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. 562. 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.

SEC. 563. ADVANCEMENT OF BRIGADIER GENERAL CHARLES E. YEAGER,
UNITED STATES AIR FORCE (RETIRED), ON THE
RETIRED LIST.

(a) Advancement.--Brigadier General Charles E. Yeager,
United States Air Force (retired), is entitled to hold the
rank of major general while on the retired list of the Air
Force.
(b) Additional Benefits Not To Accrue.--The advancement of
Charles E. Yeager on the retired list of the Air Force under
subsection (a) shall not affect the retired pay or other
benefits from the United States to which Charles E. Yeager is
now or may in the future be entitled based upon his military
service or affect any benefits to which any other person may
become entitled based on his service.

SEC. 564. ADVANCEMENT OF REAR ADMIRAL WAYNE E. MEYER, UNITED
STATES NAVY (RETIRED), ON THE RETIRED LIST.

(a) Advancement Authorized.--The President is authorized
and requested to appoint, by and with the advice and consent
of the Senate, Rear Admiral Wayne E. Meyer, United States
Navy (retired), to the grade of vice admiral on the retired
list of the Navy.
(b) Additional Benefits Not To Accrue.--The advancement of
Wayne E. Meyer on the retired list of the Navy under
subsection (a) shall not affect the retired pay or other
benefits from the United States to which Wayne E. Meyer is
now or may in the future be entitled based upon his military
service or affect any benefits to which any other person may
become entitled based on his service.

SEC. 565. AWARD OF VIETNAM SERVICE MEDAL TO VETERANS WHO
PARTICIPATED IN MAYAGUEZ RESCUE OPERATION.

(a) In General.--The Secretary of the military department
concerned shall, upon the application of an individual who is
an eligible veteran, award that individual the Vietnam
Service Medal, notwithstanding any otherwise applicable
requirements for the award of that medal. Any such award
shall be made in lieu of any Armed Forces Expeditionary Medal
awarded the individual for the individual's participation in
the Mayaguez rescue operation.
(b) Eligible Veteran.--For purposes of this section, the
term ``eligible veteran'' means a member or former member of
the Armed Forces who was awarded the Armed Forces
Expeditionary Medal for participation in military operations
known as the Mayaguez rescue operation of May 12-15, 1975.

Subtitle H--Impact Aid

SEC. 571. 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 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $50,000,000 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

[[Page H4682]]

Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated 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. 572. CALCULATION OF PAYMENTS UNDER DEPARTMENT OF
EDUCATION'S IMPACT AID PROGRAM.

Paragraph (2) of section 8003(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(c)) is
amended to read as follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the fiscal
year for which the agency is making an application for
payment--
``(A) if such agency is newly established by a State (first
year of operation only); or
``(B) if--
``(i) such agency was eligible to receive a payment under
this section in the previous fiscal year;
``(ii) such agency has had an overall increase (as
determined by the Secretary of Education in consultation with
the Secretary of Defense, the Secretary of Interior, or other
Federal agencies) of not less than 100 students or 10 percent
as described in--

``(I) subparagraphs (A), (B), and (D) of subsection (a)(1);
or
``(II) subparagraphs (C), (E), (F) and (G) of subsection
(a)(1) if those children described in subparagraphs (C), (E),
(F) and (G) are civilian dependents of employees of the
Department of Defense; and

``(iii) such increase occurred during the period between
the end of the school year preceding the fiscal year for
which the application is being made and the beginning of the
school year immediately preceding that fiscal year as the
result of closure or realignment of military installations
under the base closure process or the relocation of members
of the Armed Forces and civilian employees of the Department
of Defense as part of force structure changes or movements of
units or personnel between military installations.''.

Subtitle I--Military Families

SEC. 581. PRESENTATION OF BURIAL FLAG.

(a) Inclusion of Surviving Spouse; 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--
``(A) to the person designated under subsection (c) to
direct disposition of the remains;
``(B) to the parents or parent of the decedent, if the
person presented a flag under subparagraph (A) is other than
a parent of the decedent; and
``(C) to the surviving spouse (including a remarried
surviving spouse) of the decedent, if the person presented a
flag under subparagraph (A) is other than the spouse.''; and
(3) by inserting at the end the following new paragraphs:
``(3) A flag to be presented to a person under subparagraph
(B) or (C) 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, 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) 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 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 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
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 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 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) 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 career opportunities.''.

Subtitle J--Other Matters

SEC. 591. INCLUSION OF RESERVES IN PROVIDING FEDERAL AID FOR
STATE GOVERNMENTS, ENFORCING FEDERAL AUTHORITY,
AND RESPONDING TO MAJOR PUBLIC EMERGENCIES.

(a) Federal Aid for State Governments.--Section 331 of
title 10, United States Code, is amended by striking ``armed
forces, as he'' and inserting ``armed forces (including units
and members of the Army Reserve, Navy Reserve, Air Force
Reserve, Marine Corps Reserve, and Coast Guard Reserve
ordered to active duty for this purpose), as the President''.
(b) Enforcement of Federal Authority.--Section 332 of such
title is amended--
(1) by striking ``he may'' and inserting ``the President
may''; and
(2) by striking ``armed forces, as he'' and inserting
``armed forces (including units and members of the Army
Reserve, Navy Reserve, Air Force Reserve, Marine Corps
Reserve, and Coast Guard Reserve ordered to active duty for
this purpose), as the President''.
(c) Response to Public Emergencies.--Section 333(a)(1) of
such title is amended by inserting after ``Federal service''
the following: ``and units and members of the Army Reserve,
Navy Reserve, Air Force Reserve, Marine Corps Reserve, and
Coast Guard Reserve ordered to active duty for this
purpose''.

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
not less than the rate of interest in effect under section
1035 of this title at the time the payment is made. 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) Conforming Amendment Regarding Corrections Board
Authority To Overturn Convictions.--Subsection (f) of such
section is amended by inserting ``convened after May 4, 1950,
and'' after ``court-martial cases''.
(c) 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''.
(d) 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. AUTHORITY TO ORDER RESERVE UNITS TO ACTIVE DUTY TO
PROVIDE ASSISTANCE IN RESPONSE TO A MAJOR
DISASTER OR EMERGENCY.

Section 12304(b) of title 10, United States Code, is
amended--

[[Page H4683]]

(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``The authority''; and
(3) by adding at the end the following new paragraph:
``(2) The authority under subsection (a) includes authority
to order any unit of the Selected Reserve of the Army
Reserve, Navy Reserve, Air Force Reserve, Marine Corps
Reserve, or Coast Guard Reserve to active duty to provide
assistance in responding to 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)).''.

SEC. 595. SENIOR MILITARY LEADERSHIP DIVERSITY COMMISSION.

(a) Establishment of Commission.--
(1) In general.--There is hereby established a commission
to be known as the ``Senior Military Leadership Diversity
Commission''.
(b) Composition.--
(1) Membership.--The commission shall be composed of 23
members, as follows:
(A) The Director of the Defense Manpower Management Center.
(B) The Director of the Defense Equal Opportunity
Management Institute.
(C) 1 senior military leader 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 shall be appointed by the Secretary of
Defense.
(D) 1 retired general or flag officer from each of the
Army, Navy, Air Force, and Marine Corps shall be appointed by
the Secretary of Defense.
(E) 1 retired senior noncommissioned officer from each of
the Army, Navy, Air Force, and Marine Corps shall be
appointed by the Secretary of Defense.
(F) 5 retired senior officers who served in leadership
positions with either a military department command or
combatant command shall be appointed by the Secretary of
Defense, of which no less than 3 shall represent the views of
minority veterans.
(G) 4 individuals with expertise in cultivating diverse
leaders in private or non-profit organizations shall be
appointed by the Secretary of Defense.
(2) Chairman.--The Secretary of Defense shall designate one
member described in paragraphs (1)(F) or (1)(G) as chairman
of the commission.
(3) 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.
(4) 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.
(5) Quorum.--12 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 study the diversity within
the senior leadership of the Armed Forces. The study shall be
a comprehensive evaluation and assessment of policies that
provide opportunities for the advancement of minority members
of the Armed Forces.
(2) Scope of study.--In carrying out the study, the
commission shall examine the following:
(A) 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 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.
(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 Department of Defense; and
(C) other information and recommendations 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.
(h) Termination of Commission.--The commission shall
terminate 60 days after the date on which the commission
submits the report under subsection (e)(1).

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

Subtitle D--Retired Pay and Survivor Benefits

[[Page H4684]]

Sec. 645. Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service after retirement.
Sec. 646. Correction of unintended reduction in survivor benefit plan
annuities due to phased elimination of two-tier annuity
computation and supplemental annuity.
Sec. 647. Presumption of death for participants in Survivor Benefit
Plan in missing status.

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

Subtitle F--Other Matters

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 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
by striking paragraph (3).

SEC. 603. EQUITABLE TREATMENT OF SENIOR ENLISTED MEMBERS IN
COMPUTATION OF BASIC ALLOWANCE FOR HOUSING.

Section 403(b)(2) of title 37, United States Code, is
amended by adding at the end the following new sentence:
``After June 30, 2009, the determination of what constitutes
adequate housing for members in the pay grade E-8 with
dependents shall be equivalent to the higher standard in
effect for members in the pay grade E-9 with dependents.''.

SEC. 604. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR
REIMBURSEMENT AMOUNT FOR TEMPORARY LODGING
EXPENSES.

(a) Increase.--Section 404a(e) of title 37, United States
Code, is amended by striking ``$180 a day'' and inserting
``$290 a day''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2008.

SEC. 605. AVAILABILITY OF PORTION OF A 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 one of the members the full
amount of the monthly allowance specified in such subsection
and the other member one-half of the monthly allowance amount
until one of the members is no longer assigned to duties
described in such subparagraphs. Upon expiration of the
partial 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. 606. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR
ENLISTED MEMBERS AND WARRANT OFFICERS APPOINTED
AS OFFICERS AND OFFICERS REAPPOINTED IN A LOWER
GRADE.

(a) In General.--Section 907 of title 37, United States
Code, is amended to read as follows:

``Sec. 907. Members appointed or reappointed as officers: no
reduction in pay and allowances

``(a) Stabilization of Pay and Allowances.--A member of the
armed forces who accepts an appointment or reappointment as
an officer without a break in service shall, for service as
an officer, be paid the greater of--
``(1) the pay and allowances to which the officer is
entitled as an officer; or
``(2) the pay and allowances to which the officer would be
entitled if the officer were in the last grade the officer
held before the appointment or reappointment as an officer.
``(b) Covered Pays.--(1) Subject to paragraphs (2) and (3),
for the purposes of this section, the pay of a grade formerly
held by an officer described in subsection (a) include
special and incentive pays under chapter 5 of this title.
``(2) In determining the amount of the pay of a grade
formerly held by an officer, special and incentive pays may
be considered only so long as the officer continues to
perform the duty that creates the entitlement to, or
eligibility for, that pay and would otherwise be eligible to
receive that pay in the former grade.
``(3) Special and incentive pays that are dependent on a
member being in an enlisted status may not be considered in
determining the amount of the pay of a grade formerly held by
an officer.
``(c) Covered Allowances.--(1) Subject to paragraph (2),
for the purposes of this section, the allowances of a grade
formerly held by an officer described in subsection (a)
include allowances under chapter 7 of this title.
``(2) The clothing allowance under section 418 of this
title may not be considered in determining the amount of the
allowances of a grade formerly held by an officer described
in subsection (a) if the officer is entitled to a uniform
allowance under section 415 of this title.
``(d) Rates of Pay and Allowances.--For the purposes of
this section, the rates of pay and allowances of a grade that
an officer formerly held are those rates that the officer
would be entitled to had the officer remained in that grade
and continued to receive the increases in pay and allowances
authorized for that grade, as otherwise provided in this
title or other provisions of law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by striking
the item relating to section 907 and inserting the following
new item:

``907. Members appointed or reappointed as officers: no reduction in
pay and allowances.''.

SEC. 607. 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''.

SEC. 608. GUARANTEED PAY INCREASE FOR MEMBERS OF THE ARMED
FORCES OF ONE-HALF OF ONE PERCENTAGE POINT
HIGHER THAN EMPLOYMENT COST INDEX.

Section 1009(c)(2) of title 37, United States Code, is
amended by striking ``fiscal years 2004, 2005, and 2006'' and
inserting ``fiscal years 2010 through 2013''.

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--

[[Page H4685]]

(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.

(a) Accession Bonus.--Paragraph (1) of section 2130a(a) 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.--Paragraph (2) of such section is
amended by striking ``$1,000'' and inserting ``$1,250''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008.

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.
(f) Termination Provision for Hazardous Duty Pay.--Section
351(i) of such title is amended by inserting before the
period the following: ``, unless receipt of the hazardous
duty pay is specified in an agreement entered into between
the member and the Secretary concerned before that date''.

SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY
BONUS AUTHORITIES TO ENCOURAGE TRAINING IN
CRITICAL FOREIGN LANGUAGES AND FOREIGN CULTURAL
STUDIES.

(a) Eligibility for Skill Proficiency Bonus.--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.''.
(b) Availability of Incentive Pay for Participation in
Foreign Language Education or Training Programs.--Such
section is further amended--
(1) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(2) 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.''.
(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

[[Page H4686]]

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 subsections (a) and (b) 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. TEMPORARY TARGETED BONUS AUTHORITY TO INCREASE
DIRECT ACCESSIONS OF OFFICERS IN CERTAIN HEALTH
PROFESSIONS.

(a) 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),
the following health professions are designated as a
critically short wartime specialty under subsection (a)(2) of
such section:
(1) 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.
(2) Registered nurses.
(b) 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 subsection (a).
(c) Effective Period.--This section shall take effect on
October 1, 2008. The designations made by subsection (a) and
the authority to enter into an agreement under subsection (b)
expire on September 30, 2010.

Subtitle C--Travel and Transportation Allowances

SEC. 631. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION OF
BAGGAGE AND HOUSEHOLD EFFECTS FOR CERTAIN
ENLISTED MEMBERS.

(a) Allowance.--The table in section 406(b)(1)(C) of title
37, United States Code, is amended by striking the items
relating to pay grades E-5 through E-9 and inserting the
following new items:

------------------------------------------------------------------------
Pay Grade Without Dependents With Dependents
------------------------------------------------------------------------
``E-9 13,500 15,500
E-8 12,500 14,500
E-7 11,500 13,500
E-6 8,500 11,500
E-5 7,500 9,500''.
------------------------------------------------------------------------

(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2008.

SEC. 632. ADDITIONAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF
MATERIALS ASSOCIATED WITH EMPLOYMENT OF A
MEMBER'S SPOUSE OR COMMUNITY SUPPORT VOLUNTEER
OR CHARITY ACTIVITIES.

(a) Additional Weight Allowance.--Section 406(b)(1) of
title 37, United States Code, is amended by adding at the end
the following new subparagraph:
``(H) In connection with a change of permanent station of a
member, the Secretary concerned shall increase the weight
allowance otherwise applicable under subparagraph (C) for the
member by 200 pounds for the purpose of facilitating the
shipment of materials associated with the employment of the
member's spouse or community support volunteer or charity
activities of the member and any dependents of the member.''.

SEC. 633. TRANSPORTATION OF FAMILY PETS DURING EVACUATION OF
NONESSENTIAL PERSONNEL.

Section 406(b)(1) of title 37, United States Code, is
amended by inserting after subparagraph (H), as added by
section 632, the following new subparagraph:
``(I) In connection with an evacuation from a permanent
station located in a foreign area, a member is entitled to
transportation of not more than two family household pets,
including shipment and the payment of quarantine fees, if
any. As an alternative to the provision of transportation for
the pets, the Secretary concerned may reimburse the member or
provide a monetary allowance under subparagraph (F) if other
commercial transportation means are used. A member is not
entitled to transportation under this subparagraph for
horses, livestock, or pets weighing in excess of 150 pounds
or for animals that the Secretary concerned determines are
exotic pets or endangered species.''.

Subtitle D--Retired Pay and Survivor Benefits

SEC. 641. EQUITY IN COMPUTATION OF DISABILITY RETIRED PAY FOR
RESERVE COMPONENT MEMBERS WOUNDED IN ACTION.

Section 1208(b) of title 10, United States Code, is
amended--
(1) by striking ``A member'' and inserting ``(1) Except as
provided in paragraph (2), a member''; and
(2) by adding at the end the following new paragraph:
``(2) If a member of the uniformed services who is not a
member of a regular component is retired under this chapter
or is placed on the temporary disability retired list under
this chapter because of a disability incurred after the date
of the enactment of this paragraph for which the member is
awarded the Purple Heart, the member shall be credited, for
the purposes of this chapter, with the number of years of
service that would be counted if computing the member's years
of service under section 12732 of this title.''.

SEC. 642. 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.

Section 1450(b)(3) of title 10, United States Code, is
amended by adding at the end the following new sentence:
``The payment of an annuity to a surviving spouse or former
spouse under this paragraph shall be resumed even though the
surviving spouse or former spouse previously transferred the
annuity to a child or children under section 1448(d)(2)(B) of
this title if, when the marriage is so terminated, the child
or children, due to loss of dependent status, death, or other
cause, are no longer eligible for the annuity under such
section.''.

SEC. 643. 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. 644. 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.

(a) Election Authority; Requirements.--Subsection (a) of
section 12741 of title 10, United States Code, is amended to
read as follows:
``(a) Authority to Elect to Receive Reserve Retired Pay.--
(1) A person may elect to receive retired pay under this
chapter, instead of receiving retired or retainer pay under
chapter 65, 367, 571, or 867 of this title, if--
``(A) the person satisfies the requirements specified in
paragraphs (1) and (2) of section 12731(a) of this title for
entitlement to retired pay under this chapter;
``(B) the person served in an active status in the Selected
Reserve of the Ready Reserve after becoming eligible for
retirement under chapter 65, 367, 571, or 867 of this title
(without regard to whether the person actually retired or
received retired or retainer pay under one of those
chapters);
``(C) the person completed not less than two years of
service in such active status (excluding any period of active
service); and
``(D) the service of the person in such active status is
determined by the Secretary concerned to have been
satisfactory.
``(2) The Secretary concerned may reduce the two-year
service requirement specified in paragraph (1)(C) in the case
of a person who--
``(A) completed at least six months of service in a
position of adjutant general required under section 314 of
title 32 or in a position of assistant adjutant general
subordinate to such a position of adjutant general; and
``(B) failed to complete the minimum two years of service
solely because the appointment of the person to such position
was terminated or vacated as described in section 324(b) of
title 32.''.
(b) Actions to Effectuate Election.--Subsection (b) of such
section is amended by striking paragraph (1) and inserting
the following new paragraph:
``(1) terminate the eligibility of the person to retire
under chapter 65, 367, 571, or 867 of this title, if the
person is not already retired under one of those chapters,
and terminate entitlement of the person to retired or
retainer pay under one of those chapters, if the person was
already receiving retired or retainer pay under one of those
chapters; and''.
(c) Conforming Amendment To Reflect New Variable Age
Requirement for Retirement.--Subsection (d) of such section
is amended--
(1) in paragraph (1), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable
to the person under section 12731(f) of this title''; and
(2) in paragraph (2)(A), by striking ``attains 60 years of
age'' and inserting ``attains the eligibility age applicable
to the person under such section''.
(d) Repeal of Restriction on Election To Receive Reserve
Retired Pay.--Section 12731(a) of such title is amended--
(1) by inserting ``and'' at the end of paragraph (2);
(2) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(3) by striking paragraph (4).
(e) Clerical Amendments.--
(1) Section heading.--The heading for section 12741 of such
title is amended to read as follows:

[[Page H4687]]

``Sec. 12741. Retirement for service in an active status
performed in the Selected Reserve of the Ready Reserve
after eligibility for regular retirement''.

(2) Table of sections.--The table of sections at the
beginning of chapter 1223 of such title is amended by
striking the item relating to section 12741 and inserting the
following new item:

``12741. Retirement for service in an active status performed in the
Selected Reserve of the Ready Reserve after eligibility
for regular retirement.''.
(f) Retroactive Applicability.--The amendments made by this
section shall take effect as of January 1, 2008.

SEC. 645. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF
RETIRED GRADE OF RESERVE RETIREES TO REFLECT
SERVICE AFTER RETIREMENT.

(a) Recomputation.--Section 10145 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(e)(1) If a member of the Retired Reserve is recalled to
an active status under subsection (d) in the Selected Reserve
of the Ready Reserve and completes not less than two years of
service in such active status, the member is entitled to--
``(A) the recomputation of the retired pay of the member
determined under section 12739 of this title; and
``(B) in the case of a commissioned officer, an adjustment
in the retired grade of the member in the manner provided in
section 1370 of this title.
``(2) The Secretary concerned may reduce the two-year
service requirement specified in paragraph (1) in the case of
a member who--
``(A) is recalled to serve in a position of adjutant
general required under section 314 of title 32 or in a
position of assistant adjutant general subordinate to such a
position of adjutant general;
``(B) completes at least six months of service in such
position; and
``(C) fails to complete the minimum two years of service
solely because the appointment of the member to such position
is terminated or vacated as described in section 324(b) of
title 32.''.
(b) Retroactive Applicability.--The amendment made by this
section shall take effect as of January 1, 2008.

SEC. 646. 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; 19 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.''.

SEC. 647. PRESUMPTION OF DEATH FOR PARTICIPANTS IN SURVIVOR
BENEFIT PLAN IN MISSING STATUS.

(a) Conditions on Presumption.--In the case of a
participant in the Survivor Benefit Plan who has been
determined by the Secretary of State to have been kidnapped
in Iraq or Afghanistan on or after August 1, 2007, the
Secretary of a military department may not make a
determination under section 1450(l) of title 10, United
States Code, that the participant is missing, with the
presumption of death, until the earlier of--
(1) a period of at least 7 years expires after the date of
the determination of the Secretary of State; or
(2) the date on which the participant is confirmed dead and
a death certificate is delivered to the next of kin of the
participant.
(b) Resumption of Retired Pay; Payment of Back Pay.--In the
case of a participant in the Survivor Benefit Plan described
in subsection (a) who was presumed to be dead before the date
of the enactment of this Act under section 1450(l) of title
10, United States Code, the Secretary of a military
department concerned shall--
(1) resume payment of any retired pay to which the
participant is entitled to as a retired member of the Armed
Forces pending satisfaction of the conditions specified in
subsection (a); and
(2) pay retired pay for periods occurring before the date
of the enactment of this Act for which retired pay was not
paid because of the presumption of death.

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

SEC. 651. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM
TEMPORARY COMMISSARY INITIATIVES FOR RESERVE
COMPONENTS 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. 652. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY
STORE FUNCTIONS.

Section 2485(a)(2) of title 10, United States Code, is
amended in the last sentence by striking ``December 31,
2008'' and inserting ``December 31, 2013''.

SEC. 653. ADDITIONAL EXCEPTION TO LIMITATION ON USE OF
APPROPRIATED FUNDS FOR DEPARTMENT OF DEFENSE
GOLF COURSES.

Section 2491a of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) of subsection (b) as
subsection (c) and, in such subsection (as so redesignated)--
(A) by inserting ``Regulations.--'' before ``The
Secretary''; and
(B) by striking ``this subsection'' and inserting
``subsection (b)''; and
(2) by inserting after paragraph (1) of subsection (b) the
following new paragraph:
``(2) Subsection (a) does not apply to the purchase and
maintenance of specialized golf carts designed to accommodate
persons with disabilities and the use of the golf carts at a
facility or installation where the Secretary determines the
golf carts can be safely operated.''.

SEC. 654. 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.

SEC. 655. REQUIREMENT TO BUY MILITARY DECORATIONS, RIBBONS,
BADGES, MEDALS, INSIGNIA, AND OTHER UNIFORM
ACCOUTERMENTS PRODUCED IN THE UNITED STATES.

(a) Requirement.--Subchapter III of chapter 147 of title
10, United States Code, is amended by adding at the end the
following new section:

``Sec. 2495c. Requirement to buy military decorations and
other uniform accouterments from American sources;
exceptions

``(a) Buy-American Requirement.--A military exchange store
or other nonappropriated fund instrumentality of the
Department of Defense may not purchase for resale any
military decorations, ribbons, badges, medals, insignia, and
other uniform accouterments that are not produced in the
United States.
``(b) Exception.--Subsection (a) does not apply to the
extent that the Secretary of Defense determines that--
``(1) a satisfactory quality and sufficient quantity of an
item covered by such subsection and produced in the United
States cannot be procured; or

[[Page H4688]]

``(2) the purchase of the item produced outside the United
States is in the best interests of members of the armed
forces.
``(c) Congressional Notification.--As soon as practicable
after an exception is granted under subsection (b), the
Secretary of Defense shall submit to Congress a report
explaining the reasons for the exception.
``(d) United States Defined.--In this section, the term
`United States' includes the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, American Samoa, and any other
territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``2495c. Requirement to buy military decorations and other uniform
accouterments from American sources; exceptions.''.

SEC. 656. USE OF APPROPRIATED FUNDS TO PAY POST ALLOWANCES
OR OVERSEAS COST OF LIVING ALLOWANCES TO
NONAPPROPRIATED FUND INSTRUMENTALITY EMPLOYEES
SERVING OVERSEAS.

(a) Authority To Use Appropriated Funds.--Chapter 81 of
title 10, United States Code, is amended by inserting after
section 1587a the following new section:

``Sec. 1587b. Employees of nonappropriated fund
instrumentalities: payment of overseas post allowances or
overseas cost of living allowances

``(a) Use of Appropriated Funds To Pay Allowances.--Subject
to the availability of appropriated funds for this purpose,
the Secretary of Defense may pay post allowances or cost of
living allowances to an nonappropriated fund instrumentality
employee who is a citizen of the United States and is
employed in a full-time position at a location outside of the
continental United States.
``(b) Duration.--The Secretary of Defense may use the
authority provided by this section to pay post allowances or
cost of living allowances that have been due to an
nonappropriated fund instrumentality employee or former
employee since December 1, 2001, but have not been previously
paid. No allowance may be provided under this section after
December 31, 2011.
``(c) Definitions.--In this section:
``(1) The term `nonappropriated fund instrumentality
employee' has the meaning given that term in section 1587 of
this title.
``(2) The term `continental United States' means the 48
contiguous States and the District of Columbia.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1587a the following new item:

``1587b. Employees of nonappropriated fund instrumentalities: payment
of overseas post allowances or overseas cost of living
allowances.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008.

SEC. 657. STUDY REGARDING SALE OF ALCOHOLIC WINE AND BEER IN
COMMISSARY STORES IN ADDITION TO EXCHANGE
STORES.

(a) Study Required.--The Secretary of Defense shall conduct
a study evaluating the propriety, patron convenience, and
financial utility of including alcoholic wine and beer as an
authorized commissary merchandise category for sale in, at,
or by commissary stores.
(b) Pilot Program.--
(1) Authorized.--In connection with the study required by
subsection (a), the Secretary may conduct a pilot program
involving the sale of alcoholic wine and beer in commissary
stores if the Secretary determines that such a pilot program
would be useful in making the evaluations required by such
subsection.
(2) Scope.--If the Secretary determines that the pilot
program would be useful, the Secretary shall conduct the
pilot program at a minimum of 10 locations for a period of
not less than four months nor greater than one year.
(c) Report.--Within 120 days after completion of the study
required in subsection (a), the Secretary shall submit to
Congress a report containing the findings and recommendations
of the Secretary developed as a result of the study and the
results of the pilot program, if conducted under subsection
(b). The Secretary may delay the submission of the report
pending the conclusion of the pilot program.

Subtitle F--Other Matters

SEC. 661. BONUS TO ENCOURAGE ARMY PERSONNEL AND OTHER PERSONS
TO REFER PERSONS FOR ENLISTMENT IN THE ARMY.

(a) Availability of Bonus to Trained Civilians.--Subsection
(a)(2) of section 3252 of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(F) A member of the general public who has completed a
training course provided by the Secretary, directly or
through an entity contracted to provide such training,
regarding the appropriate procedures used to recruit persons
for enlistment in the Army.''.
(b) Time for Payment of Bonus.--Subsection (b) of such
section is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) when the individual concerned contacts an entity
contracted to recruit persons for enlistment in the Army.''.
(c) Payment Methods.--Such section is further amended--
(1) in subsection (d), by striking the second sentence; and
(2) by striking subsection (e) and inserting the following
new subsection:
``(e) Payment Methods.--At the discretion of the Secretary,
a bonus payable for a referral of a person under subsection
(a) may be paid--
``(1) directly to the individual referred to in subsection
(b) making the referral; or
``(2) through an entity contracted to make bonus payments
under this section.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:

``Sec. 3252. Bonus to encourage Army personnel and other
persons to refer persons for enlistment in the Army''.

(2) Table of sections.--The table of sections at the
beginning of chapter 333 of such title is amended by striking
the item relating to section 3252 and inserting the following
new item:

``3252. Bonus to encourage Army personnel and other persons to refer
persons for enlistment in the Army.''.

SEC. 662. 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 (other
than as a result the member's misconduct) or is retired or
separated for disability under chapter 61 of title 10, 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) 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.
``(C) 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.''.
(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

[[Page H4689]]

repayment of unearned amounts.--(A) If a member of the
uniformed services dies (other than as a result the member's
misconduct) or is retired or separated for disability under
chapter 61 of title 10, 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) 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.
``(C) 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.''.
(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.''.

SEC. 663. PROVIDING INJURED MEMBERS OF THE ARMED FORCES
INFORMATION CONCERNING BENEFITS.

Section 1651 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 476; 10
U.S.C. 1071 note) is amended to read as follows:

``SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON
COMPENSATION AND BENEFITS AVAILABLE FOR SERIOUS
INJURIES AND ILLNESSES.

``(a) Information on Available Compensation and Benefits.--
Not later than March 31, 2009, the Secretary of Defense shall
develop and maintain a comprehensive description of the
compensation and other benefits to which a member of the
Armed Forces, and the family of such member, would be
entitled upon the separation or retirement of the member from
the Armed Forces as a result of a serious injury or illness.
Such description shall be published--
``(1) in a handbook; and
``(2) on a publically available, searchable Internet
website or comparable successor facility.
``(b) Contents.--The comprehensive description shall
include the following:
``(1) The range of compensation and benefits based on
grade, length of service, degree of disability at separation
or retirement, and other factors affecting compensation and
benefits as the Secretary considers appropriate.
``(2) Information concerning the Disability Evaluation
System of each military department, including--
``(A) an explanation of the process of the Disability
Evaluation System;
``(B) a general timeline of the process of the Disability
Evaluation System;
``(C) the role and responsibilities of the military
department throughout the process of the Disability
Evaluation System; and
``(D) the role and responsibilities of a member of the
Armed Forces throughout the process of the Disability
Evaluation System.
``(3) Benefits administered by the Department of Veterans
Affairs that a member of the Armed Forces would be entitled
upon the separation or retirement from the Armed Forces as a
result of a serious injury or illness.
``(4) A list of State veterans service organizations and
their contact information and Internet website addresses.
``(c) Consultation.--The Secretary of Defense shall develop
and maintain the comprehensive description required by
subsection (a) in consultation with the Secretary of Veterans
Affairs, the Secretary of Health and Human Services, and the
Commissioner of Social Security.
``(d) Update.--The Secretary of Defense shall update--
``(1) the handbook on a periodic basis, but not less often
than annually; and
``(2) the Internet website or comparable successor facility
immediately after any change has been made to the
compensation or other benefits described in subsection (a).
``(e) Provision to Members.--The Secretary of the military
department concerned shall provide the handbook to each
member of the Armed Forces under the jurisdiction of that
Secretary as soon as practicable following an injury or
illness for which the member may retire or separate from the
Armed Forces.
``(f) Provision to Representatives.--If a member is
incapacitated or otherwise unable to receive the handbook,
the handbook shall be provided to the next of kin or a legal
representative of the member, as determined in accordance
with regulations prescribed by the Secretary of the military
department concerned for purposes of this section.''.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Improvements to Health Benefits

Subtitle B--Preventive Care

Subtitle C--Wounded Warrior Matters

Subtitle D--Other Matters

Subtitle A--Improvements to Health Benefits

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

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

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

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

SEC. 703. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND
DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL
POSITIONS.

(a) Prohibition.--The Secretary of a military department
may not convert any military medical or dental position to a
civilian medical or dental position on or after October 1,
2008.
(b) Restoration of Certain Positions to Military
Positions.--In the case of any military medical or dental
position that is converted to a civilian medical or dental
position during the period beginning on October 1, 2004, and
ending on September 30, 2008, if the position is not filled
by a civilian by September 30, 2008, the Secretary of the
military department concerned shall restore the position to a
military medical or dental position that can be filled only
by a member of the Armed Forces who is a health professional.
(c) Definitions.--In this section:
(1) The term ``military medical or dental position'' means
a position for the performance of health care functions (or
coded to work within a military treatment facility) within
the Armed Forces held by a member of the Armed Forces.
(2) The term ``civilian medical or dental position'' means
a position for the performance of health care functions
within the Department of Defense held by an employee of the
Department or of a contractor of the Department.
(3) The term ``conversion'', with respect to a military
medical or dental position, means a change of the position to
a civilian medical or dental position, effective as of the
date of the manning authorization document of the military
department making the change (through a change in designation
from military to civilian in the document, the elimination of
the listing of the position as a military position in the
document, or through any other means indicating the change in
the document or otherwise).
(d) Repeal.--Section 721 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181)
is repealed.

[[Page H4690]]

SEC. 704. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE
DUTY.

(a) Requirement for Chiropractic Care.--Subject to such
regulations as the Secretary of Defense may prescribe, the
Secretary shall provide chiropractic services for members of
the uniformed services who are entitled to care under section
1074(a) of title 10, United States Code. Such chiropractic
services may be provided only by a doctor of chiropractic.
(b) Demonstration Projects.--The Secretary of Defense may
conduct one or more demonstration projects to provide
chiropractic services to deployed members of the uniformed
services. Such chiropractic services may be provided only by
a doctor of chiropractic.
(c) Definitions.--In this section:
(1) The term ``chiropractic services''--
(A) includes diagnosis (including by diagnostic X-ray
tests), evaluation and management, and therapeutic services
for the treatment of a patient's health condition, including
neuromusculoskeletal conditions and the subluxation complex,
and such other services determined appropriate by the
Secretary and as authorized under State law; and
(B) does not include the use of drugs or surgery.
(2) The term ``doctor of chiropractic'' means only a doctor
of chiropractic who is licensed as a doctor of chiropractic,
chiropractic physician, or chiropractor by a State, the
District of Columbia, or a territory or possession of the
United States.

SEC. 705. REQUIREMENT TO RECALCULATE TRICARE RESERVE SELECT
PREMIUMS BASED ON ACTUAL COST DATA.

(a) Calculation Based on Actual Cost Data.--Paragraph (3)
of section 1076d(d) of title 10, United States Code, is
amended to read as follows:
``(3) The monthly amount of the premium in effect for a
month for TRICARE Standard coverage under this section shall
be not more than the lesser of--
``(A) the amount equal to 28 percent of the total average
monthly amount for that coverage, as determined by the
Secretary based on actual cost data for the preceding fiscal
year; or
``(B) the amount in effect for the month of March 2006.''.
(b) Effective Date.--Paragraph (3) of section 1076d(d) of
title 10, United States Code, as amended by this section,
shall apply with respect to fiscal year 2009 and fiscal years
thereafter.

SEC. 706. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY
INSTALLATIONS PROJECTED TO GROW.

(a) Program.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall 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.--The program shall
be implemented 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; 118 Stat. 1988) and other military
installations selected by the Secretary of Defense. 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 describing the results of the program.

SEC. 707. GUIDELINES FOR COMBINED FEDERAL MEDICAL FACILITIES.

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 issue a signed
agreement that specifies, at a minimum, a binding operational
agreement on the following areas:
(1) Patient priority categories.
(2) Budgeting.
(3) Staffing.
(4) Construction.
(5) Physical plant management.

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.
(3) Funding.--Of the amounts authorized to be appropriated
under title XIV of this Act for the Defense Health Program,
$10,000,000 is authorized for the purposes of the refund
authorized under this subsection.
(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
(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; and
(iv) nicotine use.
(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 enrolled
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).

[[Page H4691]]

(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 who are not
medicare-eligible. The Secretary may prescribe such
regulations as may be necessary to implement the program.
(b) 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) Access to a toll-free quit line that is available 24
hours a day, 7 days a week.
(3) Access to printed and Internet web-based tobacco
cessation material.
(c) 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.
(d) 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 (b) during
fiscal year 2009; and
(B) the amount the beneficiary would have paid during such
fiscal year if the copayments for smoking cessation services
had been waived pursuant to subsection (b) 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.
(3) Funding.--Of the amounts authorized to be appropriated
under title XIV for the Defense Health Program, $3,000,000 is
authorized for the purposes of the refund authorized under
this subsection.
(e) 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.
(f) 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. AVAILABILITY OF ALLOWANCE TO ASSIST MEMBERS OF THE
ARMED FORCES AND THEIR DEPENDENTS PROCURE
PREVENTIVE HEALTH CARE SERVICES.

(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) 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 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.''.

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

[[Page H4692]]

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. NATIONAL CASUALTY CARE RESEARCH CENTER.

(a) Redesignation of Research Program as Center.--Not later
than October 1, 2009, the Secretary of Defense shall
designate a center be known as the ``National Casualty Care
Research Center'' (in this section referred to as the
``Center''), which shall consist of the program known as the
combat casualty care research program at the Army Medical
Research and Materiel Command as modified in accordance with
this section.
(b) Director.--There shall be a director of the Center, who
shall be appointed by the Secretary after consultation with
the commanding general of the Medical Research and Materiel
Command.
(c) Activities of the Center.--In addition to the functions
already performed by the combat casualty care research
program, the Center shall--
(1) provide a public-private partnership for funding
clinical and experimental studies in combat injury;
(2) integrate laboratory and clinical research to hasten
improvements in care to both civilians and members of the
Armed Forces who are injured;
(3) ensure that data from both military and civilian
entities, including the Joint Theater Trauma Registry and the
National Trauma Data Bank, are optimally used to establish
research agendas and measure improvements in outcomes; and
(4) fund the full spectrum of injury research and
evaluation, including--
(A) laboratory, translational, and clinical research;
(B) point of wounding and pre-hospital care;
(C) early resuscitative management;
(D) initial and definitive surgical care;
(E) rehabilitation and reintegration into society; and
(F) coordinate multi-institutional civilian/military
collaboration and trauma research.
(d) Authorization.--In addition to amounts authorized for
the combat casualty care research program of the Army Medical
Research and Materiel Command, there is authorized to be
appropriated $1,000,000 for the Center established pursuant
to this section.
(e) Funding Adjustments.--For the amounts authorized in
subsection (d):
(1) The amount for the Defense Health Program, Research and
Development, is hereby increased by $1,000,000, to be
available for the United States Army Medical Research and
Materiel Command.
(2) The amount for Weapons Procurement, Navy, is hereby
reduced by $1,000,000, to be derived from other missiles.

SEC. 724. PEER-REVIEWED RESEARCH PROGRAM ON EXTREMITY WAR
INJURIES.

(a) Establishment of Peer-Reviewed Orthopaedic Extremity
Trauma Research Program.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall establish a competitive, peer-reviewed research program
within the Defense Health Program's research and development
function to conduct peer-reviewed medical research at
military and civilian institutions designed 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.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the plans for establishment,
management, and operation of the Peer-Reviewed Research
Program on Extremity War Injuries required under this
section.
(c) Effective Date.--This section shall be in effect until
September 30, 2013.

SEC. 725. REVIEW OF POLICIES AND PROCESSES RELATED TO THE
DELIVERY OF MAIL TO WOUNDED MEMBERS OF THE
ARMED FORCES.

(a) Review of Delivery Policy and Processes.--The Secretary
of Defense shall review the policies and processes related to
the delivery of letters, packages, messages, and other
communications that are intended as measures of support and
addressed generally to wounded and injured members of the
Armed Forces (such as ``To any Wounded Warrior'' or ``To Any
Wounded Service Member'') in military medical treatment
facilities and other locations where members of the Armed
Forces are treated and rehabilitated.
(b) Specific Processes.--In conducting the review under
subsection (a), the Secretary of Defense shall determine the
following:
(1) Whether the current Department of Defense prohibition
on the direct delivery of such letters, packages, messages,
and other communications to wounded and injured members of
the Armed Forces should be modified.
(2) The adequacy, particularly from the perspective of
wounded and injured members of the Armed Forces, of the
current governmental and non-governmental delivery processes.
(c) Corrective Actions.--Based on the review under
subsection (a), the Secretary of Defense may take actions to
correct or modify the policies and processes related to the
delivery of letters, packages, messages, and other
communications to wounded and injured members of the Armed
Forces as the Secretary determines appropriate.
(d) Report.--Not later than 90 days after the date of the
enactment of this Act, 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 results of the review under subsection (a) and
the ongoing and projected actions to correct or modify the
policies and processes related to the delivery of letters,
packages, messages, and other communications to wounded and
injured members of the Armed Forces.

Subtitle D--Other Matters

SEC. 731. REPORT ON STIPEND FOR MEMBERS OF RESERVE COMPONENTS
FOR HEALTH CARE FOR CERTAIN DEPENDENTS.

The Secretary of Defense shall submit to the congressional
defense committees 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; 122 Stat. 188; 10 U.S.C. 1076
note).

SEC. 732. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION
PROGRAM TO AUTISTIC 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 that
contains a plan for including autistic dependents of military
retirees in the Extended Care Health Option program
(hereafter in this section referred to as the ``ECHO
program'').
(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 autistic dependents and an estimate of the
number of future military retirees with autistic dependents.
(2) The cost estimates of providing extended benefits under
the ECHO program to autistic dependents of all current and
future military retirees.
(3) The feasibility of including autistic dependents of
military retirees in any ongoing demonstration or pilot
programs within the ECHO program.
(4) The statutory and regulatory impediments to including
autistic dependents of military retirees in the ECHO program.

SEC. 733. SENSE OF CONGRESS REGARDING AUTISM THERAPY
SERVICES.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should

[[Page H4693]]

ensure that the process in determining eligibility for
autistic therapy services provided to the children of members
of the Armed Forces is conducted in an expeditious manner and
without delay.
(b) Study and Report.--
(1) Study.--The Secretary of Defense shall conduct a study
on autistic therapy services in the Department of Defense.
The study shall include--
(A) an evaluation of whether such services would be better
managed under the TRICARE program; and
(C) the potential benefits and costs of a transition of the
management of such services from the exceptional family
member programs to the TRICARE program.
(2) Report.--Not later than July 30, 2009, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the study.
(c) Definitions.--In this section:
(1) Autistic therapy services.--The term ``autistic therapy
services'' includes applied behavior analysis.
(2) TRICARE program.--The term ``TRICARE program'' has the
meaning provided by section 1072 of title 10, United States
Code.

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

Subtitle A--Acquisition Policy and Management

Sec. 801. Review of impact of illegal subsidies on acquisition of KC-45
aircraft.
Sec. 802. Assessment of urgent operational needs fulfillment.
Sec. 803. Preservation of tooling for major defense acquisition
programs.
Sec. 804. Prohibition on procurement from beneficiaries of foreign
subsidies.
Sec. 805. Domestic industrial base considerations during source
selection.
Sec. 806. Commercial software reuse preference.
Sec. 807. Comprehensive proposal analysis required during source
selection.

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

Subtitle C--Provisions Relating to Inherently Governmental Functions

Subtitle D--Defense Industrial Security

Subtitle E--Other Matters

Subtitle A--Acquisition Policy and Management

SEC. 801. REVIEW OF IMPACT OF ILLEGAL SUBSIDIES ON
ACQUISITION OF KC-45 AIRCRAFT.

(a) Review of Illegal Subsidies Required.--The Secretary of
the Air Force, not later than 10 days after a ruling by the
World Trade Organization that either or both of the United
States or the European Union, or any political entity within
the United States or the European Union, has provided illegal
subsidies to a manufacturer of large commercial aircraft,
shall begin a review, as described in subsection (b), of the
impact of such illegal subsidies 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 Air Force shall
comply with the following requirements:
(1) The Secretary shall seek information from the public on
the potential impact of illegal subsidies on the source
selection process for the KC-45 Aerial Refueling Aircraft
Program through a notice and comment process. The Secretary
shall adopt such procedures for handling information provided
under such notice and comment process as are necessary to
protect national security and confidential business
information.
(2) The Secretary 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, as
appropriate, on the potential impact of illegal subsidies on
the source selection process for the KC-45 Aerial Refueling
Aircraft Program.
(3) The Secretary shall request information from each of
the offerors in the source selection process for the KC-45
Aerial Refueling Aircraft Program on the potential impact of
illegal subsidies on such process.
(c) Completion of Review.--The Secretary of the Air Force
shall complete the review required by subsection (a) not
later than 90 days after the World Trade Organization has
ruled on all illegal subsidy cases involving large commercial
aircraft pending at the World Trade Organization as of the
date of the enactment of this Act.
(d) Determination and Remedy Required.--If the Secretary of
the Air Force determines, after performing the review
required by subsection (a), that an illegal subsidy or
subsidies had a material impact on the source selection
process for the KC-45 Aerial Refueling Aircraft Program
sufficient to bring into question the fairness of such source
selection process, the Secretary shall take such measures as
are necessary and appropriate to ensure that the effect of
such subsidy or subsidies is removed and the source selection
process for the KC-45 Aerial Refueling Aircraft Program is
fair to all offerors.
(e) Definitions.--In this section:
(1) The term ``illegal 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. 802. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

(a) Assessment Required.--The Secretary of Defense shall
commission a study and report by 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 warfighting requirements
through the urgent operational need process.
(2) An evaluation of the extent to which 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.
(3) A description and evaluation of the effectiveness of
the processes used by each of the military departments to
prioritize and fulfill urgent operational needs, including
the rapid acquisition processes of the military departments.
(4) A description and evaluation of the effectiveness of
the procedures used to generate warfighting requirements
through the joint urgent operational need process.
(5) An evaluation of the extent to which joint urgent
operational need statements are used to document urgent joint
capability gaps or are used--
(A) to avoid using service-specific urgent operational need
and acquisition processes;
(B) to document non-urgent capability gaps; or
(C) to request specific acquisition outcomes, such as
specific systems or equipment.
(6) A description and evaluation of the effectiveness of
the processes used by the various elements of the Department
of Defense to prioritize and fulfill joint urgent operational
needs, including the Joint Improvised Explosive Device Defeat
Organization and the Joint Rapid Acquisition Cell.
(7) 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) common definitions and standards for urgent operational
needs statements and joint urgent operational need
statements;
(B) best practices and process improvements for the
creation, evaluation, prioritization, and fulfillment of
urgent operational need statements and joint urgent
operational need statements; and
(C) the extent to which rapid acquisition processes should
be consolidated or expanded.
(b) Submission to Congress.--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
the report resulting from the study conducted pursuant to
subsection (a).
(c) Definitions.--In this section:
(1) The term ``urgent operational need'' or ``urgent
operational need statement'' means a

[[Page H4694]]

high priority capability gap from an ongoing, named
operation--
(A) that is validated and resourced by a specific military
department or defense agency; and
(B) that, if not addressed immediately, will seriously
endanger personnel or pose a major threat to ongoing
operations.
(2) The term ``joint urgent operational need'' means a high
priority capability gap from an ongoing, named operation--
(A) that is identified by a combatant commander;
(B) that requires validation and resourcing by the Joint
Chiefs of Staff;
(C) that falls outside of the established processes of the
military departments; and
(D) that, if not addressed immediately will seriously
endanger personnel or pose a major threat to ongoing
operations.

SEC. 803. PRESERVATION OF TOOLING FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.

(a) Guidance Required.--The Secretary of Defense shall
issue guidance requiring that all unique tooling associated
with the production of hardware for a major defense
acquisition program be preserved and stored through the end
of the service life of the end item associated with such a
program. Such guidance shall--
(1) provide that either a component of the Department of
Defense or a contractor (or subcontractor at any tier) may be
responsible for preservation and storage of such tooling;
(2) require that the milestone decision authority approve a
plan for the preservation and storage of such tooling prior
to granting a Milestone C approval;
(3) if such tooling is to be preserved and stored by a
component of the Department of Defense, require the component
to ensure adequate funds and facilities are available to
preserve and store such tooling through the projected service
life of the end item;
(4) if such tooling is to be preserved and stored by a
contractor, or a subcontractor at any tier, require that any
production contract (or subcontract) awarded in support of
the major defense acquisition program include a contract
clause regarding the preservation and storage of such
tooling; and
(5) provide a mechanism for the Secretary of Defense to
waive such requirement if--
(A) the Secretary determines that such a waiver is in the
best interest of national security; and
(B) notifies the congressional defense committees at least
15 days before taking such action.
(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).
(3) Milestone c approval.--The term ``Milestone C
approval'' has the meaning provided in section 2366(e)(8) of
title 10, United States Code.

SEC. 804. PROHIBITION ON PROCUREMENT FROM BENEFICIARIES OF
FOREIGN SUBSIDIES.

(a) Prohibition.--Except as provided in subsections (c) and
(d), the Secretary of Defense may not enter into a contract
for the procurement of goods or services from any foreign
person to which the government of a foreign country that is a
member of the World Trade Organization has provided a subsidy
if--
(1) the United States has requested consultations with that
foreign country under the Agreement on Subsidies and
Countervailing Measures on the basis, in whole or in part,
that the subsidy is a prohibited subsidy under that
Agreement; and
(2) either--
(A) the dispute before the World Trade Organization has not
been resolved; or
(B) the World Trade Organization has ruled that the subsidy
provided by the foreign country is a prohibited subsidy under
the Agreement on Subsidies and Countervailing Measures.
(b) Additional Applicability.--
(1) Joint ventures.--The prohibition under subsection (a)
with respect to a foreign person also applies to any joint
venture, cooperative organization, partnership, or
contracting team of which that foreign person is a member.
(2) Subcontracts and task and delivery orders.--The
prohibition under subsection (a) with respect to a contract
also applies to any subcontracts at any tier entered into
under the contract and any task orders or delivery orders at
any tier issued under the contract.
(c) Exceptions to Applicability.--
(1) Inapplicability to programs with milestone b
approval.--The prohibition under subsection (a) shall not
apply to any contract under a major defense acquisition
program that has received Milestone B approval as of the date
of the enactment of this Act.
(2) Inapplicability to certain procurements.--The
prohibition under subsection (a) shall not apply to a
contract for the procurement of goods or services from a
foreign person being provided a subsidy if--
(A) in any case in which goods or services are the subject
of the consultation requested by the United States (as
described in subsection (a)(1)), the goods or services to be
procured under the contract are not related to the goods and
services that are the subject of the consultation; or
(B) in any case in which the subject of the consultation
requested by the United States (as described in subsection
(a)) is not a good or service (but is law, regulations, or
other policies of the foreign country), the Department of
Defense contracting officer for the contract has certified
that the foreign person has demonstrated that the cost of the
offeror's proposal is not materially affected by the subsidy.
(d) Waiver.--The President may waive the prohibition in
this section with respect to a specific contract if the
President (without delegation) determines that failure to
waive the prohibition would result in a significant and
imminent threat to national security. The President shall
submit to Congress a notice of any waiver granted under this
subsection within 7 days after granting it.
(e) Duration of Prohibition.--In the case of a subsidy that
the World Trade Organization has ruled is a prohibited
subsidy as described in subsection (a)(2)(B), the prohibition
under subsection (a) shall not apply to a contract for the
procurement of goods or services that were the subject of the
consultation after--
(1) the dispute is resolved; and
(2) either--
(A) a mutual agreement has been reached between the United
States and the foreign government with respect to the
prohibited subsidy; or
(B) the foreign government has agreed to comply with the
requirements of the ruling issued by the World Trade
Organization in the dispute.
(f) Definitions.--In this section:
(1) 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.
3501(d)(12)).
(2) The term ``foreign person'' means--
(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the
United States; or
(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
(3) The term ``United States person'' means--
(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly,
more than 50 percent of the outstanding capital stock or
other beneficial interest in such legal entity.
(4) The term ``major defense acquisition program'' means a
Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of
title 10, United States Code.
(5) The term ``Milestone B approval'' has the meaning
provided that term in section 2366(e)(7) of such title.

SEC. 805. DOMESTIC INDUSTRIAL BASE CONSIDERATIONS DURING
SOURCE SELECTION.

(a) Regulations Required.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations regarding the application
of a domestic industrial base evaluation factor during source
selection for a major defense acquisition program of the
Department of Defense. Such regulations shall--
(1) allow the source selection authority to consider
impacts on the domestic industrial base as an evaluation
factor during the source selection process;
(2) provide the source selection authority flexibility with
regard to the importance assigned to such an evaluation
factor; and
(3) provide defense acquisition officials with the
authority to impose penalties on the contractor awarded the
contract resulting from the source selection, including fines
and contract termination, if--
(A) the domestic industrial base evaluation factor was used
during source selection;
(B) the evaluation factor had a material effect on the
outcome of the source selection; and
(C) the official determines that the potential contractor
knowingly or willfully misrepresented impacts to the domestic
industrial base during source selection.
(b) Impacts on Domestic Industrial Base.--For purposes of
the regulations, the Secretary shall consider, at a minimum,
the following to be impacts on the domestic industrial base:
(1) The creation or maintenance of domestic capability for
production of critical supplies.
(2) The creation or maintenance of domestic jobs.
(3) The creation or maintenance of domestic scientific and
technological competencies or manufacturing skills.
(c) Report Required.--The Secretary of Defense shall notify
the congressional defense committees at least 30 days before
the issuance of a request for proposal for any major defense
acquisition program that will not use a domestic industrial
base evaluation factor during the source selection process.
Such notification shall include--
(1) a brief description of the major defense acquisition
program;
(2) a justification for not using a domestic industrial
base evaluation factor; and
(3) an assessment of potential impacts on the domestic
industrial base, if known, as a result of not using a
domestic industrial base evaluation factor.
(d) Definitions.--In this section:
(1) Domestic industrial base.--The term ``domestic
industrial base'' means--
(A) persons and organizations that are engaged in research,
development, production, or maintenance activities conducted
within the United States and United States territories; and
(B) includes, at a minimum, prime contractors, as well as
second and third tier subcontractors, engaged in such
activities.
(2) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.
(3) Source selection.--The term ``source selection'', with
respect to a major defense acquisition program, 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.
(4) Source selection authority.--The term ``source
selection authority'', with respect to a

[[Page H4695]]

major defense acquisition program, means the official in the
Department of Defense designated as responsible for the
source selection for that program.

SEC. 806. 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, if
practicable, use such software instead of developing new
software.
(b) Regulations.--The Secretary of Defense shall review and
revise the Defense Federal Acquisition Regulation Supplement,
Part 207.103, to clarify that the preference for commercial
items in the acquisition process includes a preference for
commercial computer software, and the preference applies at
all stages of the acquisition process.

SEC. 807. COMPREHENSIVE PROPOSAL ANALYSIS REQUIRED DURING
SOURCE SELECTION.

(a) Regulations Required.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations regarding the
comprehensive evaluation of a proposal for a major defense
acquisition program for which a significant proportion of the
research, design, development, manufacturing, assembly, or
test and evaluation will be performed outside the United
States. Such regulations shall--
(1) require the offeror of such a proposal, in addition to
providing a breakdown of costs as required by the Federal
Acquisition Regulation, to provide a breakdown of costs not
borne by the offeror as a result of activities performed
outside the United States, and such costs shall--
(A) include, at a minimum, costs borne by a foreign
government that are not borne by a local, State, or Federal
Government in the United States, such as government-borne--
(i) health care;
(ii) retirement compensation; and
(iii) workman's compensation;
(B) not include direct labor and material costs; and
(C) be limited to those costs that would otherwise be
allowable and allocable to the contract for the major defense
acquisition program if all activities were performed in the
United States;
(2) be applicable only to proposals submitted in response
to a solicitation from the Department of Defense that
requires cost or pricing data;
(3) require the contracting officer responsible for
conducting proposal analysis to consider such costs in any
cost and price analysis performed; and
(4) require the contracting officer to certify, prior to
source selection, that the contracting officer has no
reasonable grounds to believe that the final assessed price
excludes any cost or other element of price (such as the
monetary policy of a foreign government) that other offers
performing in the United States could not also exclude.
(b) Additional Applicability With Respect to
Subcontractors.--The regulations under subsection (a) also
shall apply with respect to any subcontractor (at any tier)
of a prospective contractor if the subcontractor is expected
to perform outside the United States a significant portion of
the research, design, development, manufacturing, assembly,
or test and evaluation under the proposal being evaluated.
(c) Definition.--In this section, the term ``major defense
acquisition program'' means a Department of Defense
acquisition program that is a major defense acquisition
program for the purposes of section 2430 of title 10, United
States Code.

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

SEC. 811. 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. 812. 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. 813. 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 the military departments) 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 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 non-
commissioned 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 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 establish for each military department a minimum number
of billets coded or classified for acquisition personnel that
are reserved for general officers and flag officers and shall
ensure that the policies established and guidance issued
pursuant to subsection (a) by the Secretary of that military
department reserve at least that minimum number of billets
and fill the billets with qualified and trained general
officers and flag officers.
``(2) The Secretary of Defense shall ensure that 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.
``(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.
``(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.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter 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 for Inclusion 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,''.

SEC. 814. TECHNICAL DATA RIGHTS FOR NON-FAR AGREEMENTS.

(a) Rights in Technical Data for Non-FAR Agreements.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2320 the
following new section:

``Sec. 2320a. Rights in technical data for non-FAR agreements

``(a) Policy Guidance.--
``(1) The Secretary of Defense shall issue policy guidance
with respect to the use of a non-FAR agreement for the
development of a major weapon system or an item of personnel
protective equipment.
``(2) The guidance shall--
``(A) define the legitimate interest of the United States
and a party to such an agreement in technical data pertaining
to an item or process to be developed under the agreement,
including, at a minimum, the interest of--
``(i) the United States in increasing competition and
lowering costs by developing and locating alternative sources
of supply and manufacture;
``(ii) the United States in the ability to conduct
emergency repair and overhaul; or
``(iii) the party to the agreement to restrict the release
of technical data relating to an item or process developed at
private expense; and
``(B) require that specific rights in technical data shall
be established during agreement negotiations and be based
upon negotiations between the United States and the potential
party

[[Page H4696]]

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.
``(b) Provisions in Non-FAR Agreements.--Whenever
practicable, a non-FAR agreement described in subsection (a)
shall contain appropriate provisions relating to technical
data, including provisions--
``(1) defining the respective rights of the United States
and the party to the agreement regarding any technical data
to be delivered under the agreement;
``(2) specifying the technical data to be delivered under
the agreement and delivery schedules for such delivery;
``(3) establishing or referencing procedures for
determining the acceptability of technical data to be
delivered under the agreement;
``(4) to the maximum practicable extent, identifying, in
advance of delivery, technical data which is to be delivered
with restrictions on the right of the United States to use
such data;
``(5) requiring the party to the agreement to revise any
technical data delivered under the agreement to reflect
engineering design changes made during the performance of the
agreement and affecting the form, fit, and function of the
items specified in the agreement and to deliver such revised
technical data to an agency within a time specified in the
agreement; and
``(6) establishing remedies to be available to the United
States when technical data required to be delivered or made
available under the agreement is found to be incomplete or
inadequate or to not satisfy the requirements of the
agreement concerning technical data.
``(c) Assessment of Long-Term Technical Data Needs.--The
Secretary of Defense shall 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
described in subsection (a) to assess the long-term technical
data needs of such systems and items, in accordance with the
requirements of section 2320(e) of this title.
``(d) 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.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2320 the following new item:

``2320a. Rights in technical data for non-FAR agreements.''.
(b) Report on Life Cycle Planning for Technical Data
Needs.--Not later than 120 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) the extent to which program managers have received
training to better assess the long-term technical data needs
of major weapon systems and subsystems;
(3) a description of the data rights strategies developed
prior to the issuance of contract solicitations released
since October 17, 2006; and
(4) a characterization of the extent to which such
strategies made use of priced contract options for the future
delivery of technical data or acquired all relevant technical
data upon contract award.

SEC. 815. CLARIFICATION THAT COST ACCOUNTING STANDARDS APPLY
TO FEDERAL CONTRACTS PERFORMED OUTSIDE THE
UNITED STATES.

(a) Clarification.--Section 26(f)(2)(A) of the Office of
Federal Procurement Policy Act (41 U.S.C. 422(f)(2)(A)) is
amended by adding at the end the following: ``, whether the
contracts or subcontracts are performed inside or outside the
United States''.
(b) Implementing Regulations.--Not later than 180 days
after the date of the enactment of this Act, the cost
accounting standards promulgated under section 26 of such Act
shall be amended to take into account the amendment made by
subsection (a).

Subtitle C--Provisions Relating to Inherently Governmental Functions

SEC. 821. POLICY ON PERSONAL CONFLICTS OF INTEREST BY
EMPLOYEES OF DEPARTMENT OF DEFENSE CONTRACTORS.

(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop a standard policy aimed at preventing personal
conflicts of interest by employees of Department of Defense
contractors that is similar to the policy of the Department
of Defense aimed at preventing such conflicts by Department
of Defense civilian employees.
(b) Elements of Policy.--The policy required under
subsection (a) shall--
(1) provide a definition of the term ``personal conflict of
interest'' as it relates to employees of Department of
Defense contractors;
(2) identify types of contracts that raise heightened
concerns for potential personal conflicts of interest; and
(3) require each contractor that participates in the
Department's decision-making in such mission-critical areas
as the development, award, and administration of Government
contracts, and each contractor that is closely supporting
inherently governmental functions, to--
(A) identify and prevent personal conflicts of interest for
employees of the contractor who are performing such
functions;
(B) report any personal conflict-of-interest violation to
the applicable contracting officer or contracting officer's
representative as soon as it is identified;
(C) maintain effective oversight to verify compliance with
personal conflict-of-interest safeguards; and
(D) have procedures in place to screen for potential
conflicts of interest for all employees in a position to make
or materially influence findings, recommendations, and
decisions regarding Department of Defense contracts and other
advisory and assistance functions, either by screening on a
task-by-task basis or on an annual basis.
(c) Contract Clause.--The Secretary shall include in each
contract entered into by the Secretary for the performance of
functions described in subsection (b)(3) a clause that
reflects the personal conflicts-of-interest policy developed
under this section and that sets forth the contractor's
responsibility under such policy.
(d) Panel on Contracting Integrity Recommendations.--The
Department of Defense Panel on Contracting Integrity,
established by the section 813 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364), shall consider and make recommendations on the
feasibility of applying certain procurement integrity rules
to employees of Department of Defense contractors to include
such rules related to--
(1) improper business practices and personal conflicts of
interest under Federal Acquisition Regulations 3.104;
(2) public corruption;
(3) financial conflicts of interest;
(4) seeking other employment conflicts of interest;
(5) gifts and travel; and
(6) misuse of position or endorsement.

SEC. 822. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES
CONTRACTS.

Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall develop guidance
to--
(1) establish a clear definition of the term ``personal
services contract'';
(2) require a clear distinction between employees of the
Department of Defense and employees of Department of Defense
contractors;
(3) 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
(4) assess and take steps to mitigate the risk that, as
implemented and administered, non-personal services contracts
may become personal services contracts.

SEC. 823. LIMITATION ON PERFORMANCE OF PRODUCT SUPPORT
INTEGRATOR FUNCTIONS.

(a) Limitation.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2410r. Performance-based logistics arrangements:
limitation on product support integrator functions

``(a) Limitation.--A function that is a product support
integrator function may be performed only by a member of the
armed forces or an employee of the Department of Defense.
``(b) Definitions.--In this section:
``(1) The term `product support integrator function' means,
with respect to a performance-based logistics arrangement,
the function of integrating all sources of support, both
public and private, to achieve the specific outcomes
specified in the arrangement.
``(2) The term `performance-based logistics arrangement'
means a performance-based contract, task order, or other
arrangement for the logistics support--
``(A) of a weapon system or major end item over the life
cycle of the system or item; or
``(B) of parts, assemblies, subassemblies, or platforms of
a weapon system or major end item.
``(3) The term `performance-based' has the meaning given
such term in section 2331(g) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 2410q the following new item:

``2410r. Performance-based logistics arrangements: limitation on
product support integrator functions.''.
(b) Effective Date.--Section 2410r of title 10, United
States Code, as added by subsection (a), shall apply to
performance-based logistics arrangements entered into after
September 30, 2010.

Subtitle D--Defense Industrial Security

SEC. 831. REQUIREMENTS RELATING TO FACILITY CLEARANCES.

Chapter 21 of title 10, United States Code, is amended by
adding at the end the following new subchapter:

``SUBCHAPTER III--DEFENSE INDUSTRIAL SECURITY

``Sec. 438. Facility clearances: requirements.

``Sec. 438. Facility clearances: requirements

``(a) Facility Clearances: General Provisions.--
``(1) Access to classified information by contractors.--A
contractor of the Department

[[Page H4697]]

of Defense may not be granted custody of classified
information unless the contractor has a facility clearance.
``(2) Requirements for entities with facility clearances.--
An entity may not be granted a facility clearance by the
Department of Defense or continue to hold such a facility
clearance unless the entity agrees to comply with, and
maintains compliance with, the requirements set forth in this
subchapter.
``(3) Authority to revoke or suspend facility clearances.--
The Secretary of Defense may revoke or suspend a facility
clearance granted by the Department of Defense at any time.
``(b) General Requirements for Facility Clearances.--The
Secretary of Defense shall require an entity granted a
facility clearance by the Department of Defense to comply
with the following requirements:
``(1) The entity shall safeguard classified information in
its possession.
``(2) The entity shall safeguard covered controlled
unclassified information in its possession.
``(3) The entity shall ensure that it complies with
Department of Defense security agreements, contract
provisions regarding security, and relevant regulations of
the Department of Defense pertaining to industrial security.
``(4) The entity shall ensure that its business and
management practices do not result in the compromise of
classified information or adversely affect the performance of
classified contracts.
``(5) The entity shall undergo a determination under
section 439 of this title of whether the entity is under
foreign ownership control or influence and shall comply with
ongoing notification requirements under that section related
to foreign ownership and control.
``(c) Requirements for Directors of Entities With Facility
Clearances.--
``(1) Requirements.--Except as provided in paragraph (3),
the Secretary of Defense shall require an entity with a
facility clearance to require the directors on the entity's
board of directors to ensure, in their capacity as
fiduciaries of the entity, that the entity employs and
maintains policies and procedures that meet the general
requirements for facility clearances listed in subsection
(b).
``(2) By-laws requirement.--The requirements of paragraph
(1) shall be set forth in the by-laws of the entity.
``(3) Exceptions.--(A) The Secretary of Defense may waive
the requirements of paragraph (1) for reasons of national
security. In the event the Secretary grants such a waiver,
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
notification that such a waiver has been granted and a
justification for granting the waiver.
``(B) The requirements of paragraph (1) shall not apply to
an entity determined by the Secretary of Defense under
section 439(a) of this title to be under foreign ownership
control or influence.
``(d) Requirements Relating to Security Management of
Entities With Facility Clearances.--
``(1) Designation of employee responsible for security.--
The Secretary of Defense shall require an entity, in
consultation with and subject to the approval of the chairman
of its board of directors, to designate an employee who meets
the requirements of paragraph (2) to be responsible for the
following:
``(A) Reporting to the board of directors of the entity as
its principal advisor concerning the general requirements for
facility clearances listed in subsection (b), the manner in
which they are carried out through the policies and
procedures required by subsection (c), and the related
Federal requirements for classified information.
``(B) Supervising and directing security measures necessary
for implementing such requirements, policies, and procedures.
``(C) Establishing and administering all intracompany
procedures to prevent unauthorized disclosure and export of
controlled unclassified information and ensuring that the
entity otherwise complies with the requirements of Federal
export control laws.
``(2) Qualifications of employee.--An employee may not be
designated to be responsible for the matters described in
paragraph (1) unless the employee--
``(A) is a citizen of the United States;
``(B) obtains a security clearance at the same level as the
facility clearance; and
``(C) completes security training that meets the
requirements of the Department of Defense.
``(e) Requirements Relating to Management Responsibilities
for Entities With Facility Clearances.--The Secretary of
Defense shall require an entity with a facility clearance to
provide a certification of security responsibilities to the
Secretary. The certification of security responsibilities
shall--
``(1) affirm the entity's responsibility--
``(A) to identify the key management personnel of the
entity involved in the performance of classified contracts or
in the setting of policies and practices for such contracts
and to designate a security manager with primary
responsibility for security functions;
``(B) to ensure that such key management personnel of the
entity meet all eligibility requirements for the performance
of classified contracts;
``(C) to provide such key management personnel of the
entity with all the authority and capability necessary to
safeguard classified information and covered controlled
unclassified information in the performance of classified
contracts in accordance with regulations prescribed by the
Secretary; and
``(D) to manage all subcontractors and suppliers of the
entity performing work on a classified contract to ensure
that use of such subcontractors and suppliers does not result
in the compromise of classified information or adversely
affect the performance of classified contracts;
``(2) be signed by an appropriate member of the board of
directors of the entity or a similar executive body
determined by the Secretary to function as an equivalent to a
board of directors;
``(3) be disseminated to all appropriate personnel of the
entity; and
``(4) be updated as necessary according to procedures
proscribed by the Secretary.
``(f) Reporting Requirements.--The Secretary of Defense
shall require an entity with a facility clearance to submit
to the Department of Defense a report on any event--
``(1) that affects the status of the facility clearance;
``(2) that affects proper safeguarding of classified
information or that indicates classified information has been
lost or compromised;
``(3) that affects the entity's compliance with Department
of Defense security agreements, contract provisions regarding
security, and relevant regulations of the Department of
Defense pertaining to industrial security; or
``(4) that is related to the entity's business and
management practices that results in the compromise of
classified information.''.

SEC. 832. FOREIGN OWNERSHIP CONTROL OR INFLUENCE.

(a) In General.--Subchapter III of chapter 21 of title 10,
United States Code, as added by section 831, is amended by
adding at the end the following new section:

``Sec. 439. Foreign ownership control or influence

``(a) Determination of Foreign Ownership Control or
Influence.--
``(1) In general.--Before granting a facility clearance to
an entity, and while such entity holds a facility clearance,
the Secretary of Defense shall determine whether an entity is
under foreign ownership control or influence (in this
subchapter referred to as `FOCI').
``(2) Description of foci.--For purposes of paragraph (1),
the Secretary shall determine an entity to be under FOCI if a
foreign interest has the power, direct or indirect, whether
or not exercised, and whether or not exercisable through the
ownership of the entity's securities, by contractual
arrangements or other means, to direct or decide matters
affecting the management or operations of that entity in a
manner that may result in--
``(A) unauthorized access to classified information;
``(B) unauthorized access to covered controlled
unclassified information;
``(C) an adverse effect on the performance of classified
contracts; or
``(D) an adverse effect on the entity's compliance with
Department of Defense security agreements, appropriate
contract provisions regarding security, and relevant
Department regulations pertaining to industrial security.
``(b) FOCI Factors.--
``(1) In general.--The following factors relating to an
entity, a foreign interest, or a government of a foreign
interest shall be considered by the Secretary of Defense in
determining under this section whether an entity is under
foreign ownership control or influence and the protective
measures that may be required to mitigate the FOCI of the
entity:
``(A) Record of economic and government espionage against
United States targets by the entity, by any foreign interest
in the entity, and by the government of any such foreign
interest.
``(B) Record of enforcement of covered controlled
unclassified information or engagement in unauthorized
technology transfer.
``(C) The type and sensitivity of the information expected
to be accessed in performing a classified contract.
``(D) The source, nature, and extent of FOCI, including
whether foreign interests hold a majority or substantial
minority position in the entity, taking into consideration
the immediate, intermediate, and ultimate parent entities,
sister entities, joint ventures, and hedge funds.
``(E) Record of compliance with pertinent United States
laws, regulations, and contracts by the entity, by the
foreign interest (if any) in the entity, and by parent
entities, sister entities, joint ventures, and hedge funds.
``(F) The nature of any bilateral and multilateral security
and information exchange agreements that may pertain to the
entity, any foreign interest in the entity, and the
government of any such foreign interest.
``(G) Ownership, control, or influence of the entity, in
whole or in part, by a foreign government.
``(2) Minority position.--For purposes of paragraph (1)(D),
a minority position shall be considered substantial if--
``(A) it consists of greater than 5 percent of the
ownership interests;
``(B) it consists of greater than 10 percent of the voting
interest; or
``(C) the minority position controls a seat on the entity's
board of directors.
``(c) Mitigation of Foreign Ownership Control or
Influence.--
``(1) Protective measures authorized for mitigation of
foci.--With respect to any entity with a facility clearance
under FOCI, as determined under subsection (a), the Secretary
of Defense may impose any security method, safeguard, or
restriction the Secretary believes necessary to ensure that
the entity complies with the general requirements for
facility clearances listed in subsection (b) of section 438
of this title.
``(2) Government security committee requirement for
mitigation of foci.--
``(A) In general.--As part of the mitigation of foreign
ownership control or influence of an entity determined to be
under FOCI, the Secretary of Defense shall require the entity
to establish a permanent committee of the entity's board of
directors, or equivalent executive body, to be known as the
entity's `Government Security

[[Page H4698]]

Committee', for purposes of carrying out the requirements of
this paragraph.
``(B) Responsibilities of gsc.--The responsibilities of the
Government Security Committee of an entity are to ensure that
the entity employs and maintains policies and procedures that
ensure that the entity complies with the general requirements
for facility clearances listed in subsection (b) of section
438 of this title.
``(C) Role of security manager in gsc.--The employee of the
entity designated pursuant to section 438(c)(1)(A) as the
security manager shall be the principal advisor to the
Government Security Committee and attend committee meetings.
The chairman of the Government Security Committee must concur
with the appointment and replacement of persons filling the
position of security manager selected by management of the
entity. The functions of the security manager shall be
carried out under the authority of the Government Security
Committee.
``(3) Relationship to facility clearance.--In the case of
an entity with a facility clearance under FOCI, as determined
under subsection (a), the following provisions apply with
respect to the status of the facility clearance of the
entity:
``(A) Continuation in effect while negotiating mitigation
measure.--The facility clearance of the entity shall continue
in effect if the entity is negotiating with the Secretary a
mitigation measure and the Secretary determines that there is
no indication that classified information or covered
controlled unclassified information is at risk of compromise.
``(B) Invalidation if no mitigation measure within six
months.--(i) Subject to subparagraph (C), the Secretary shall
invalidate the facility clearance of the entity if an
acceptable mitigation measure has not been agreed to by the
Secretary and the entity by the end of the six-month period
beginning on the date of the determination by the Secretary
that the entity is under FOCI.
``(ii) The six-month period described in clause (i) may be
extended for one additional three-month period upon request
by the entity if the Secretary approves an extension.
``(C) Revocation if possibility of unauthorized access or
adverse effect.--The Secretary shall revoke the facility
clearance of the entity at any time if, regardless of whether
the entity is negotiating a mitigation measure with the
Secretary, the Secretary determines that security measures
cannot be taken to remove the possibility of unauthorized
access or an adverse effect on classified contracts.
``(d) Notification to Department of Defense Regarding
Change in FOCI.--The Secretary of Defense shall require an
entity to notify the Secretary when material changes occur to
information previously submitted to the Department of Defense
pertaining to the FOCI factors affecting the entity as soon
as such information is known to the entity.
``(e) Notification to Department of Defense Regarding
Mergers, Acquisitions, or Takeovers by Foreign Persons.--The
Secretary of Defense shall require that when an entity with a
facility clearance enters into negotiations for a proposed
merger, acquisition, or takeover by a foreign person, the
entity shall submit to the Secretary of Defense a
notification of the commencement of such negotiations and a
plan to negate the FOCI resulting from the transaction.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``Sec. 439. Foreign ownership control or influence.''.

SEC. 833. CONGRESSIONAL OVERSIGHT RELATING TO FACILITY
CLEARANCES AND FOREIGN OWNERSHIP CONTROL OR
INFLUENCE; DEFINITIONS.

(a) Notifications and Reports.--Subchapter III of chapter
21 of title 10, United States Code, as added by section 831,
is further amended by adding at the end the following new
section:

``Sec. 440. Notifications and reports

``(a) Notifications Required.--The Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a notification within
30 days after the occurrence of any of the following:
``(1) The revocation or suspension by the Secretary of a
facility clearance of an entity previously determined to be
under foreign ownership control or influence.
``(2) The receipt by the Secretary of a notification under
section 439(d) from an entity that the entity has entered
into negotiations for a proposed merger, acquisition, or
takeover by a foreign person.
``(b) Biannual Report.--(1) The Secretary of Defense shall,
not later than September 1, 2009, and biannually thereafter,
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report containing the
following:
``(A) Specific, cumulative, and, as appropriate, trend
information on the numbers of entities--
``(i) holding facility clearances;
``(ii) that have reported a material change relating to
FOCI factors;
``(iii) that have measures in place to mitigate foreign
ownership control or influence; or
``(iv) that have had a facility clearance suspended or
revoked.
``(B) Specific, cumulative, and, as appropriate, trend
information, on--
``(i) the entities that have filed for or maintain facility
clearances;
``(ii) the number of such entities determined to be under
foreign ownership control or influence;
``(iii) the countries from which such entities have
originated;
``(iv) the number that went through the Committee on
Foreign Investment in the United States; and
``(v) the types of security arrangements and conditions
that the Government Security Committees of entities have used
to mitigate foreign ownership control or influence.
``(C) An analysis of trends in the Industrial Security
Program, including an assessment of the number and types of
errors found in compliance within the Program.
``(D) An analysis of the details of companies that have
committed violations of the Industrial Security Program and
the frequency of the violations, including the number of
companies that have committed recurring violations.
``(E) A description of the corrective actions, if any,
taken by the Defense Security Service to address the
violations.
``(2) The information required under paragraph (1)(B) shall
be organized and set forth separately in the report by
defense sector within the defense industrial base.
``(3) The report shall be submitted in an unclassified
form, but may contain a classified annex.''.
(b) Definitions.--Subchapter III of chapter 21 of title 10,
United States Code, as added by section 831, is further
amended by adding at the end the following new section:

``Sec. 440a. Definitions

``In this subchapter:
``(1) Entity.--The term `entity' includes a corporation,
company, association, firm, partnership, society, or joint
stock company, but does not include an individual.
``(2) Facility clearance.--The term `facility clearance',
with respect to an entity, means an administrative
determination by the Secretary of Defense that the entity is
eligible for--
``(A) access to classified information; or
``(B) award of a classified contract.
``(3) Classified information.--The term `classified
information' means any information that has been determined
pursuant to Executive Order 12958 or any predecessor order to
require protection against unauthorized disclosure and is so
designated. The classifications `top secret', `secret', and
`confidential' are used to designate such information.
``(4) Classified contract.--The term `classified contract'
means any contract requiring access to classified information
by a contractor or the contractor's employees in the
performance of the contract or in any phase of precontract
activity or post-contract activity.
``(5) Covered controlled unclassified information.--The
term `covered controlled unclassified information' means
unclassified information the export of which--
``(A) is controlled, in the case of technical data that is
inherently military in nature, by the International Traffic
in Arms Regulations (ITAR); and
``(B) is controlled, in the case of technical data that has
both military and commercial uses, by the Export
Administration Regulations (EAR).''.
(c) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new items:

``Sec. 440. Notifications and reports.
``Sec. 440a. Definitions.''.
(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out subchapter III of chapter 21 of
title 10, United States Code, not later than September 1,
2009.
(e) Study and Report.--
(1) In general.--The Secretary of Defense shall conduct a
study on investments in entities covered by subchapter III of
chapter 21 of title 10, United States Code, as added by this
title. The study shall examine investments in such entities
by--
(A) foreign governments;
(B) entities controlled by or acting on behalf of a foreign
government;
(C) persons of foreign countries; and
(D) hedge funds.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the results of the study conducted
under paragraph (1). The information in the report shall be
organized and set forth separately by defense sector within
the defense industrial base.

Subtitle E--Other Matters

SEC. 841. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE
DESIGNS OF DEPARTMENT OF DEFENSE VESSELS,
BOATS, AND 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

``Government rights in the design of a vessel, boat, or
craft, or its components, including the hull, decks, and
superstructure, shall be determined solely by operation of
section 2320 of this title or by the instrument under which
the design was developed for the Government.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter 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.''.

SEC. 842. 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:

[[Page H4699]]

``(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. 843. 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''.

SEC. 844. EARNED VALUE MANAGEMENT STUDY AND REPORT.

(a) Study.--The Secretary of Defense shall conduct a study
that--
(1) assesses weaknesses in earned value management
implementation, including a review of the methodology,
accuracy of data, training, and information technology
systems used to develop earned value management data;
(2) audits the accuracy of the earned value management data
provided by vendors to the Federal Government concerning
acquisition categories I and II programs; and
(3) measures the success of utilizing earned value
management to deliver program objectives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees a report that--
(1) identifies recommendations for improving the
implementation of earned value management, including
alternatives; and
(2) contains the findings of the study conducted under
subsection (a).
(c) Definitions.--In this section:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives.
(2) Earned value management.--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.

SEC. 845. REPORT ON MARKET RESEARCH.

(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 on the market research conducted by the Secretary in
implementing section 2377 of title 10, United States Code.
(b) Sample Examined.--For purposes of the report, the
Secretary shall examine a representative sample of contracts
and task or delivery orders, each of which--
(1) is for an amount in excess of $5,000,000; and
(2) is for the acquisition of a mission critical or a
complex military system in which computer software is a
component or subcomponent.
(c) Matters Covered.--The report shall contain the
following:
(1) A statement of the total number of contracts and task
or delivery orders awarded in fiscal year 2007 for a mission
critical or complex military system in which software is a
component or subcomponent.
(2) A statement of the number of contracts and task or
delivery orders in the sample examined for purposes of the
report (as described in subsection (b)), and a description of
those contracts and orders.
(3) For the sampled contracts and orders, a description of
how often market research was performed on the sampled
contracts and orders.
(4) For the sampled contracts and orders, a description of
whether a Government employee or a contractor employee
performed the market research and how the market research was
performed.
(5) For the sampled contracts and orders, an identification
of--
(A) instances when the market research identified software
that was available as a commercial item and that could be
used to meet the Government's requirements;
(B) instances when the software was modified or proposed to
be modified to meet the Department's requirements; or
(C) instances when the Department's requirements were
modified to meet the capability of the commercial item
software.
(6) An identification of the training tools the Secretary
of Defense has developed to assist contracting officials in
performing market research.
(7) An identification of actions the Department of Defense
intends to take to further implement section 2377 of title
10, United States Code, and section 826(b) of the National
Defense Authorization Act for Fiscal year 2007 (Public Law
110-181; 10 U.S.C. 2377 note), including dissemination of
best practices and corrective actions where necessary.

SEC. 846. SYSTEM DEVELOPMENT AND DEMONSTRATION BENCHMARK
REPORT.

(a) System Development and Demonstration Benchmark
Report.--
(1) Benchmark report required.--The Secretary of a military
department shall submit a system development and
demonstration benchmark report as an annex to the baseline
description required in section 2435 of title 10, United
States Code, for each major defense acquisition program
identified in subsection (b). Such a system development and
demonstration benchmark report shall be based upon the most
recent contractor proposal, the capabilities development
document, and the systems requirements document approved
prior to Milestone B approval and shall include the following
information:
(A) The key performance parameters and technical
requirements identified in the capabilities development
document and systems requirements document.
(B) A detailed description of performance capabilities
proposed by the contractor, matched to the capabilities and
requirements in the capabilities development document and
systems requirements document.
(C) A target cost for system development and demonstration,
excluding incentive or award fees and including both
government and non-government costs.
(D) A detailed outline of negotiated contract incentive or
award fees.
(E) A detailed outline of contract ceiling price, target
cost, target profit, and contract share line.
(F) A schedule of key events.
(G) An identification of critical technologies and
associated technology readiness levels estimated for each
upon both the initiation and the conclusion of system
development and demonstration.
(H) Estimated percentage completion of detail design at
each scheduled design readiness review and the scheduled
Milestone C approval date.
(I) A discussion of development risk and concurrency within
the program.
(J) Any other factors that the milestone decision authority
considers relevant.
(2) Timeline for submission of benchmark report.--A system
development and demonstration benchmark report for a major
defense acquisition program identified in subsection (b)
shall be submitted to the congressional defense committees
and prepared under this section--
(A) not later than 30 days after the date of the enactment
of this Act, if the Department of Defense has entered into a
contract for system development and demonstration for such a
major defense acquisition program prior to the date of
enactment of this Act; or
(B) in accordance with the requirements for the
establishment of a baseline description required by section
2435 of title 10, United States Code, in any other case.
(3) Alterations.--No alterations or revisions may be made
to a system development and demonstration benchmark report
after the first such report is prepared in accordance with
paragraph (2).
(b) Major Defense Acquisition Programs Included.--For the
purposes of this section, the major defense acquisition
programs to be included in the pilot program are the
following:
(1) BAMS, broad area maritime surveillance unmanned aerial
vehicle.
(2) CSAR-X, combat search and rescue helicopter.
(3) JLTV, joint light tactical vehicle.
(4) KC-45A, aerial refueling tanker.
(5) VH-71, presidential helicopter, increment II.
(6) Warrior-Alpha, unmanned aerial vehicle.
(c) System Development and Demonstration Changes.--The
Under Secretary of Defense for Acquisition, Technology, and
Logistics shall establish a Configuration Steering Board for
each major defense acquisition program identified in
subsection (b). The Board shall oversee any proposed
alteration to the requirements or to the proposed technical
configuration for such a major defense acquisition program
during system development and demonstration. If such an
alteration would increase the cost to the Government, extend
the schedule by more than 30 days, or alter the proposed
performance capabilities, as established in the system
development and demonstration baseline required by subsection
(a), the Configuration Steering Board shall not approve the
alteration until--

[[Page H4700]]

(1) the chair of the Configuration Steering Board has
submitted to the congressional defense committees a written
description of the alteration and an explanation of the
rationale for the alteration; and
(2) not less than 15 days have expired since the date of
submission of such description and explanation to those
committees.
(d) Additional Reporting Requirements.--
(1) In general.--The Secretary of a military department
shall submit a semi-annual contract performance assessment
report to the milestone decision authority and to the
congressional defense committees on each major defense
acquisition program identified in subsection (b). The report
shall be in unclassified form, but may have a classified
annex or an annex that is restricted to protect source
selection, business-sensitive, or proprietary information.
(2) Contents.--Each such report shall describe contract
execution regarding contract cost performance, schedule
performance, and incentive or award fee reviews and outlays,
and an estimated cost at completion of the end item compared
to the system development and demonstration benchmark report
required in subsection (a)(1).
(3) First report.--The first such report shall be submitted
not later than 180 days after--
(A) system design and development contract award; or
(B) after enactment of this Act in the case of a system
design and development contract that was awarded before the
date of the enactment of this Act.
(4) Termination of reporting requirement.--The reporting
requirement shall terminate upon a full rate production
decision for each major defense acquisition program
identified in subsection (b).
(e) Prohibition on Milestone C Approval.--(1) Except as
provided in paragraph (2), the Milestone C approval shall not
be granted if the milestone decision authority determines, on
the basis of a report submitted pursuant to subsection (d),
or has other reason to believe, that--
(A) the cost (including any increase for expected inflation
or currency exchange rates) for system development and
demonstration has increased by more than 25 percent over the
system development and demonstration baseline established in
(a)(1), or
(B) the schedule for key events is delayed 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, as provided in the
system development and demonstration baseline established in
subsection (a)(1).
(2) The Under Secretary of Defense for Acquisition,
Technology, and Logistics may waive the prohibition in
paragraph (1) upon certification to the congressional defense
committees, along with supporting rationale, that proceeding
to low rate initial production is in the best interest of the
Department of Defense.
(f) Definitions.--In this section:
(1) Configuration steering board.--The term ``Configuration
Steering Board'' means the committee described in the
memorandum regarding Configuration Steering Boards from the
Under Secretary of Defense for Acquisition, Technology, and
Logistics dated July 30, 2007, for the secretaries of the
military departments, Chairman of the Joint Chiefs of Staff,
Under Secretaries of Defense, and Commander, U.S. Special
Operations Command.
(2) Milestone b approval.--The term ``Milestone B
approval'' has the meaning provided in section 2366(e)(7) of
title 10, United States Code.
(3) Milestone c approval.--The term ``Milestone C
approval'' has the meaning provided in section 2366(e)(8) of
title 10, United States Code;
(4) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning provided in
section 2430 of title 10, United States Code.

SEC. 847. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY
CONTRACTORS PERFORMING SECURITY FUNCTIONS IN
AREAS OF COMBAT OPERATIONS.

Section 862(a)(2)(D) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181) is amended--
(1) by striking ``or'' at the end of clause (ii); and
(2) by adding at the end 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;''.

SEC. 848. 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. The report shall also
include a plan to develop a domestic producer as the source
for 60mm and 81mm munitions used by the Armed Forces by 2012.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Subtitle B--Space Activities

Subtitle C--Chemical Demilitarization Program

Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in
Colorado and Kentucky.
Sec. 922. Prohibition on transport of hydrolysate at Pueblo Chemical
Depot, Colorado.

Subtitle D--Intelligence-Related Matters

Subtitle E--Other Matters

Subtitle A--Department of Defense Management

SEC. 901. REVISIONS IN FUNCTIONS AND ACTIVITIES OF SPECIAL
OPERATIONS COMMAND.

Subsection (j) of section 167 of title 10, United States
Code, is amended to read as follows:
``(j) Special Operations Activities.--For purposes of this
section, special operations activities include each of the
following insofar as it relates to special operations:
``(1) Unconventional warfare.
``(2) Irregular warfare.
``(3) Counterterrorism.
``(4) Counterinsurgency.
``(5) Counterproliferation of weapons of mass destruction.
``(6) Direct action.
``(7) Strategic reconnaissance.
``(8) Foreign internal defense.
``(9) Civil-military defense.
``(10) Psychological and information operations.
``(11) Humanitarian assistance.
``(12) Theater search and rescue.
``(13) Such other activities as may be specified by the
President or the Secretary of Defense.''.

SEC. 902. REQUIREMENT TO DESIGNATE OFFICIALS FOR IRREGULAR
WARFARE.

The Secretary of Defense shall designate--
(1) a single executive agent for irregular warfare within
the Department of Defense; and
(2) an Assistant Secretary of Defense to be responsible for
overall management and coordination of irregular warfare.

SEC. 903. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL
OPERATIONS FORCES.

(a) Requirement for Plan.--Not later than 30 days after the
date of the enactment of this Act, the commander of the
special operations command shall submit to the congressional
defense committees a plan relating to personnel management of
special operations forces.
(b) Matters Covered.--The plan submitted 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.

SEC. 904. 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

[[Page H4701]]

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 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 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. 905. 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 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. 906. ALIGNMENT OF DEPUTY CHIEF MANAGEMENT OFFICER
RESPONSIBILITIES.

Section 192(e) of title 10, United States Code, is amended
to read as follows:
``(e) Special Rule for Defense Business Transformation
Agency.--Notwithstanding the results of any periodic review
under subsection (c) with regard to the Defense Business
Transformation Agency, the Secretary of Defense shall
designate that the Director of the Agency shall report
directly to the Deputy Chief Management Officer of the
Department of Defense.''.

SEC. 907. 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, in consultation with the Chairman of the Joint
Chiefs of Staff and the Chief of the National Guard Bureau,
shall prepare a plan for enhancing the roles of the National
Guard and Reserve--

[[Page H4702]]

(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; and
(2) in support of operations conducted under title 32,
United States Code, or in support of State missions.
(b) 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 of the 110th Congress, as
introduced on March 13, 2008 (the National Guard Empowerment
and State-National Defense Integration Act of 2008).
(c) 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. 908. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE
DEPARTMENT OF THE NAVY AND MARINE CORPS.

(a) Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps.--
(1) Redesignation of military department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(2) Redesignation of secretary and other statutory
offices.--
(A) Secretary.--The position of the Secretary of the Navy
is redesignated as the Secretary of the Navy and Marine
Corps.
(B) Other statutory offices.--The positions of the Under
Secretary of the Navy, the four Assistant Secretaries of the
Navy, and the General Counsel of the Department of the Navy
are redesignated as the Under Secretary of the Navy and
Marine Corps, the Assistant Secretaries of the Navy and
Marine Corps, and the General Counsel of the Department of
the Navy and Marine Corps, respectively.
(b) Conforming Amendments to Title 10, United States
Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under
the Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is amended to
read as follows:

``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

(B) The heading of chapter 507 of such title is amended to
read as follows:

``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.

(5) Other amendments.--
(A) Title 10, United States Code, is amended by striking
``Department of the Navy'' and ``Secretary of the Navy'' each
place they appear other than as specified in paragraphs (1),
(2), (3), and (4) (including in section headings, subsection
captions, tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively, in
each case with the matter inserted to be in the same typeface
and typestyle as the matter stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2),
5032(a), and 5042(a) of such title are amended by striking
``Assistant Secretaries of the Navy'' and inserting
``Assistant Secretaries of the Navy and Marine Corps''.
(ii) The heading of section 5016 of such title, and the
item relating to such section in the table of sections at the
beginning of chapter 503 of such title, are each amended by
inserting ``and Marine Corps'' after ``of the Navy'', with
the matter inserted in each case to be in the same typeface
and typestyle as the matter amended.
(c) Other Provisions of Law and Other References.--
(1) Title 37, united states code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively.
(2) Other references.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to
be a reference to the Department of the Navy and Marine
Corps. Any such reference to an office specified in
subsection (b)(2) shall be considered to be a reference to
that officer as redesignated by that section.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first month beginning more than 60 days after the date of the
enactment of this Act.

SEC. 909. SUPPORT TO COMMITTEE REVIEW.

(a) Findings.--Congress finds the following:
(1) In accordance with section 118 of title 10, United
States Code, the Department of Defense conducts a Quadrennial
Defense Review as a comprehensive examination of ``the
national defense strategy, force structure, force
modernization plans, infrastructure, budget plan, and other
elements of the defense program and policies of the United
States with a view toward determining and expressing the
defense strategy of the United States and establishing a
defense program for the next 20 years''.
(2) In submitting reports on these reviews to the
Committees on Armed Services of the Senate and the House of
Representatives, the Secretary is mandated to include the
threats to the assumed or defined national security interests
of the United States, the threat-based scenarios developed to
conduct the review, and other assumptions that impact the
ability to counter such threats, including force readiness,
cooperation of allies, warning times, and levels of
engagement in operations other than war and smaller-scale
contingencies.
(3) There is no statutory requirement to assume certain
funding levels available to the Department of Defense in the
conduct of this review because Congress reserves its
prerogative to provide the resources necessary to address
threats to United States national security interests and uses
this review as a data point in determining the proper level
of those resources.
(4) The reports associated with the 1997, 2001, and 2006
reviews clearly demonstrated that the Secretary made certain
assumptions about anticipated funding.
(5) As a result, the reported recommendations were
unnecessarily constrained by those funding assumptions.
(6) As the Department of Defense is preparing to conduct
another Quadrennial Defense Review with a report due to the
Congress by 2010, the Committee on Armed Services of the
House of Representatives should review in a bipartisan,
thorough manner the military capabilities required to address
challenges to United States national security interests over
the next 20 years.
(b) Support Required.--Within 15 days after receiving a
request, the Secretary of Defense shall provide the Committee
on Armed Services of the House of Representatives with any
information or data requested by that Committee so that it
can review in a comprehensive, threat-based, and bipartisan
manner the national defense strategy, force structure, force
modernization plans, infrastructure, budget plan, and other
elements of the defense program and policies of the United
States with a view toward determining and expressing the
defense strategy of the United States and establishing a
defense program for the next 20 years, as well as preparing
for the upcoming Quadrennial Roles and Missions Review and
Quadrennial Defense Review.

Subtitle B--Space Activities

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

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 utilized by the Department of Defense and
options for expanding such utilization 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 utilization of and resources
allocated to commercial satellite communications and remote
sensing in the past (past five years), present (current date
through Future Years Defense Plan (FYDP)), and future (beyond
the FYDP) to meet the requirements identified in paragraph
(3).
(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, 2009, 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, to include--

[[Page H4703]]

(A) the recommended investment and acquisition strategy or
strategies of the Department for commercial satellite
capabilities;
(B) how the investment and acquisition strategy or
strategies should be addressed in fiscal years after fiscal
year 2009; 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.

Subtitle C--Chemical Demilitarization Program

SEC. 921. 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 by adding
at the end the following:
``(i) Colorado and Kentucky Chemical Demilitarization
Citizens Advisory Commissions.--Notwithstanding subsections
(b), (f), and (g), 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 (50 U.S.C.
1521 note), responsibilities for the Chemical
Demilitarization Citizens Advisory Commissions in Colorado
and Kentucky shall be transferred from the Secretary of the
Army to the Program Manager for Assembled Chemical Weapons
Alternatives. The Program Manager for Assembled Chemical
Weapons Alternatives shall ensure the ability to receive
citizen and State concerns regarding the ongoing chemical
destruction program in these States. A representative from
the Office of the Assistant to the Secretary of Defense for
Nuclear, Chemical, and Biological Defense Programs shall meet
with these commissions not less often than twice a year.
Funds appropriated for the Assembled Chemical Weapons
Alternatives Program shall be used for travel and associated
travel costs for these Citizens Advisory Commissioners, when
such travel is conducted at the invitation of the Department
of Defense Special Assistant for Chemical and Biological
Defense and Chemical Demilitarization Programs.''.

SEC. 922. PROHIBITION ON TRANSPORT OF HYDROLYSATE AT PUEBLO
CHEMICAL DEPOT, COLORADO.

(a) Prohibition.--During fiscal year 2009, the Secretary of
Defense may not transport hydrolysate from the Pueblo
Chemical Depot, Colorado, to an off-site location for
treatment, storage, or disposal.
(b) Savings Clause.--Nothing in this section limits or
otherwise affects section 8119 of the Department of Defense
Appropriations Act, 2008 (Public Law 110-116; 50 U.S.C. 1521
note).
(c) Report.--Not later than February 15, 2009, the
Secretary shall submit to the congressional defense
committees a report on hydrolysate stockpiled at the Pueblo
Chemical Depot, Colorado. The report shall include a
comprehensive cost-benefit analysis between on-site and off-
site methods for disposing of such hydrolysate.

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. DEPARTMENT OF DEFENSE SCHOOL OF NURSING REVISIONS.

(a) School of Nursing.--The text of section 2117 of title
10, United States Code, is amended to read as follows:
``(a) Establishment.--The Secretary of Defense shall
establish within the University a School of Nursing, not
later than July 1, 2010. It shall be so organized as to
graduate not less than 25 students with a bachelor of science
in nursing in the first class not later than June 30, 2012,
not less than 50 in the second class, and not less than 100
annually thereafter.
``(b) Minimum Requirement.--The School of Nursing shall
include, at a minimum, a program that awards a bachelor of
science in nursing.
``(c) Phased Development.--The development of the School of
Nursing may be by such phases as the Secretary may prescribe,
subject to the requirements of subsection (a).''.
(b) Retired Nurse Corps Officer Demonstration Project.--
(1) In general.--The Secretary of Defense may conduct a
demonstration project to encourage retired military nurses to
serve as faculty at civilian nursing schools.
(2) Eligibility requirements.--
(A) Individual.--An individual is eligible to participate
in the demonstration project if the individual--
(i) is a retired nurse corps officer of one of the Armed
Forces;
(ii) has had at least 26 years of active Federal
commissioned service before retiring; and
(iii) possesses a doctoral or master degree in nursing that
qualifies the officer to become a full faculty member of an
accredited school of nursing.
(B) Institution.--An accredited school of nursing is
eligible to participate in the demonstration project if the
school or its parent institution of higher education--
(i) 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;
(ii) has a resident Reserve Officer Training Corps unit at
the institution of higher education that fulfils the
requirements of sections 2101 and 2102 of title 10, United
States Code;
(iii) does not prevent ROTC access or military recruiting
on campus, as defined in section 983 of title 10, United
States Code;
(iv) 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
(v) agrees to comply with paragraph (4).
(3) Compensation.--
(A) 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 paragraph (2)) 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:
(i) 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

[[Page H4704]]

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.
(ii) 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.
(4) Scholarships for nurse officer candidates.--For
purposes of the eligibility of an institution under paragraph
(2)(B)(v), the following requirements apply:
(A) Each accredited school of nursing at which a retired
nurse corps officer serves on the faculty under this
subsection 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.
(B) The total number of scholarships provided by an
accredited school of nursing under subparagraph (A) for each
officer serving on the faculty of that school under this
subsection shall be such number as the Secretary of Defense
shall specify for purposes of this subsection.
(C) 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.
(D) The Secretary concerned is authorized to discontinue
the demonstration project authorized in this subsection at
any institution of higher education that fails to fulfill the
requirements of subparagraph (C).
(5) Report.--
(A) Not later than 24 months after the commencement of any
demonstration project under this subsection, 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.
(B) Elements.--The report shall also include, at a minimum,
the following:
(i) 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.
(ii) The number of retired nurse corps officers
participating in the demonstration project.
(iii) The number of accredited schools of nursing
participating in the demonstration project.
(iv) The number of nurse officer candidates who have
accessed into the military as commissioned nurse corps
officers.
(v) The number of scholarships awarded to nurse officer
candidates.
(vi) The number of nurse officer candidates who have failed
to access into the military, if any.
(vii) 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.
(viii) The funds expended in the operation of the
demonstration project.
(ix) The recommendation of the Secretary of Defense as to
whether the demonstration project should be extended.
(6) Sunset.--The authority in this subsection shall expire
on June 30, 2014.
(7) Definitions.--In this subsection, 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).

SEC. 942. AMENDMENTS OF AUTHORITY FOR REGIONAL CENTERS FOR
SECURITY STUDIES.

(a) 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 the Department of Defense for a
Regional Center for any fiscal year (beginning with funds
available for fiscal year 2009), including funds available
under paragraphs (4) and (5), are available for use for
programs that begin in such fiscal year but end in the next
fiscal year.''.
(b) Establishment of a Pilot Program for Nongovernmental
Personnel.--
(1) In general.--In fiscal years 2009 and 2010, the
Secretary of Defense, with the concurrence of the Secretary
of State, may waive reimbursement of the costs of activities
of the Regional Centers for nongovernmental and international
organization personnel who participate in activities that
enhance cooperation of nongovernmental organizations and
international organizations with Armed Forces of the United
States, if the Secretary of Defense determines that
attendance of such personnel without reimbursement is in the
national security interests of the United States. Costs for
which reimbursement is waived pursuant to this subsection
shall not exceed $1,000,000 in each of fiscal years 2009 and
2010 and shall be paid from appropriations available to the
Regional Centers in each of those fiscal years.
(2) Report required.--For each of fiscal years 2009 and
2010, the Secretary of Defense shall include in the annual
report required under section 184(h) of title 10, United
States Code, a description of the extent of nongovernmental
and international organization participation in the programs
of each regional center, including the costs incurred by the
United States for the participation of each organization.

SEC. 943. FINDINGS AND SENSE OF CONGRESS REGARDING THE
WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.

(a) Findings.--The Congress finds the following:
(1) The mission of the Western Hemisphere Institute for
Security Cooperation (hereafter in this section referred to
as ``WHINSEC'') is to provide professional education and
training to military personnel, law enforcement officials,
and civilian personnel in support of the democratic
principles set forth in the Charter of the Organization of
American States, while fostering mutual knowledge,
transparency, confidence, and cooperation among the
participating nations, and promoting democratic values,
respect for human rights, and knowledge and understanding of
United States customs and traditions.
(2) WHINSEC supports the Security Cooperation Guidance of
the Secretary of Defense by addressing the education and
training needs of the United States Southern Command and
United States Northern Command.
(3) In enacting legislation establishing WHINSEC, Congress
specified that the curriculum of WHINSEC may include
leadership development, counterdrug operations, peacekeeping,
resource management, and disaster relief planning. Congress
also mandated a minimum of eight hours of instruction on
human rights, due process, the rule of law, the role of the
Armed Forces in a democratic society, and civilian control of
the military. WHINSEC averages twelve hours of such
instruction per course.
(4) On March 21, 2007, Admiral Stavridis, Commander of
United States Southern Command, stated before the House Armed
Services Committee that WHINSEC ``is the military's crown
jewel for human rights training.''.
(5) WHINSEC does not select students for participation. A
partner nation nominates students to attend WHINSEC, and in
accordance with the law of the United States and the policies
of the Departments of Defense and State, the United States
Embassy in such partner nation screens and conducts
background checks on such nominees. The vetting process of
WHINSEC nominees includes a background check by United States
embassies in partner nations, as well as checks by the Bureau
of Western Hemisphere Affairs and the Bureau of Democracy,
Human Rights, and Labor. Further, the Abuse Case Evaluation
System of the Department of State, a central database that
aggregates human rights abuse data into a single, searchable
location, is used as a resource for checking abuse
allegations when conducting vetting requests.
(6) WHINSEC operates in accordance with the ``Leahy Law,''
which was first enacted in 1997 and has since expanded to
prohibit United States military assistance to foreign
military units that violate human rights including security
assistance programs funded through foreign operations
appropriations Acts and training programs made available
pursuant to Department of Defense appropriations Acts.
(7) Independent review, observation, and recommendation
regarding operations of WHINSEC is provided by a Board of
Visitors which is chaired by Bishop Robert Morlino of
Wisconsin and includes four Members of Congress, two from
each political party.
(8) WHINSEC is open to visitors at any time. Anyone can
visit, sit in classes, talk with students and faculty, and
review instructional materials.
(9) On May 7, 2008, the Department of Defense provided
Congress requested information regarding the students,
instructors, and courses at WHINSEC.
(b) Sense of Congress.--It is the sense of Congress that--
(1) WHINSEC 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;
(2) WHINSEC is succeeding in meeting its stated mission of
providing professional education and training to eligible
military personnel, law enforcement officials, and civilians
of nations of the Western Hemisphere that support the
democratic principles set forth in the Charter of the
Organization of American States, while fostering mutual
knowledge, transparency, confidence, and cooperation among
the participating nations and promoting democratic values and
respect for human rights; and
(3) WHINSEC is an invaluable education and training
facility which the Department of Defense should continue to
utilize in order to help foster a spirit of partnership that
will ensure security and enhance stability and
interoperability among the United States military and the
militaries of participating nations.

SEC. 944. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED
STATES SOUTHERN COMMAND DEVELOPMENT ASSISTANCE
ACTIVITIES.

(a) Report and Certification Required.--Not later than 30
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

[[Page H4705]]

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. 945. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.

(a) Non-Conventional Assisted Recovery Capabilities.--Upon
a determination by a combatant commander that an action is
necessary in connection with a non-conventional assisted
recovery effort, 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) 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.
(e) 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)).
(f) 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.
(g) Period of Authority.--The authority under this section
is in effect during each of the fiscal years 2009 through
2012.

SEC. 946. REPORT ON UNITED STATES NORTHERN COMMAND
DEVELOPMENT OF INTERAGENCY PLANS AND COMMAND
AND CONTROL RELATIONSHIPS.

(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Homeland Security and the
heads of other appropriate Federal agencies, shall submit a
report to Congress describing the progress made to address
certain deficiencies in the United States Northern Command
identified in the Comptroller General report 08-251/252. To
prepare the report, the Secretary of Defense shall direct the
United States Northern Command to perform the following:
(1) Provide a compendium of all roles, mission requirements
and resources from all 50 States. Each role and mission in
the docket will be accompanied by a brief explanation of the
requirement and proof of endorsement by the respective State
Adjutant Generals and the Department of Homeland Security.
(2) Synchronize and continually update its unit
requirements with the deployment schedules of the units it
depends on. The commander of the United States Northern
Command shall develop plans for primary and secondary units
to cover the roles and missions coordinated in paragraph (1).
(3) Coordinate with all source units and other commands.
The report shall include copies of all these unit and command
mission statements.
(4) Coordinate with its interagency partners to form
charters that govern the agreements among them, including
qualifications for personnel with liaison functions between
interagency partners.
(b) Improved Coordination.--The commander of the United
States Northern Command shall coordinate with its Federal
interagency partners to ascertain requirements for plans,
training, equipment, and resources in support of--
(1) homeland defense;
(2) domestic emergency response; and
(3) military support to civil authorities.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Subtitle B--Policy Relating to Vessels and Shipyards

Subtitle C--Counter-Drug Activities

Subtitle D--Boards and Commissions

Subtitle E--Studies and Reports

Subtitle F--Congressional Recognitions

Subtitle G--Other Matters

[[Page H4706]]

Sec. 1069. Sense of Congress relating to 2008 supplemental
appropriations.
Sec. 1070. Sense of Congress regarding defense requirements of the
United States.

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
$____.
(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. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR
AFGHANISTAN.

For any annual or supplemental budget request submission
for the Department of Defense, beginning with fiscal year
2010, the Secretary of Defense shall set forth separately any
funding requested for any United States operations or other
activities concerning Afghanistan. The submission shall
clearly display the amounts requested for such operations or
activities at the appropriation account level and at the
program, project, or activity level. The submission by the
Secretary shall also include a separate detailed description
of the assumptions underlying the funding request.

SEC. 1003. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR
IRAQ.

For any annual or supplemental budget request submission
for the Department of Defense, beginning with fiscal year
2010, the Secretary of Defense shall set forth separately any
funding requested for any United States operations or other
activities concerning Iraq. The submission shall clearly
display the amounts requested for such operations or
activities at the appropriation account level and at the
program, project, or activity level. The submission by the
Secretary shall also include a separate detailed description
of the assumptions underlying the funding request.

SEC. 1004. 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.

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.--The Secretary of the Navy shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report any time it is determined that a
naval vessel (or any other vessel under the jurisdiction of
the Secretary) is to undergo work for the repair of the
vessel in a shipyard outside the United States or Guam. The
report shall be submitted at least 30 days before the repair
work begins and shall contain the following:
``(1) The justification under law for the repair in a
foreign shipyard.
``(2) The vessel to be repaired.
``(3) The shipyard where the repair work will be carried
out.
``(4) The cost of the repair.
``(5) The schedule for repair.
``(6) The homeport or location of the vessel prior to its
voyage for repair.''.

SEC. 1013. 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.''.

SEC. 1014. 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.''.

SEC. 1015. REPORT ON CONTRIBUTIONS TO THE DOMESTIC SUPPLY OF
STEEL AND OTHER METALS FROM SCRAPPING OF
CERTAIN VESSELS.

Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report containing--
(1) the estimated contribution to the domestic market for
steel and other metals from the scrapping of each vessel over
50,000 tons displacement stricken from the Naval Vessel
Register but not yet disposed of by the Navy; and
(2) a plan for the sale and disposal of such vessels.

Subtitle C--Counter-Drug Activities

SEC. 1021. CONTINUATION 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 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

[[Page H4707]]

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 Ghana.''.
(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
$65,000,000 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 WEST AFRICA AND
THE MAGHREB.

(a) Report Required.--Not later than March 1, 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) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for Africa.
(2) 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.
(3) 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 Joint Inter-Agency Task Force-
South of the United States Southern 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,
which are accomplished using such capabilities and assets,
from Joint Inter-Agency Task Force-South to United States
Africa Command.
(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 March 1, 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, including a description of the accompanying
allocation of resources of the Department of Defense to carry
out these activities.
(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--Boards and Commissions

SEC. 1031. STRATEGIC COMMUNICATION MANAGEMENT BOARD.

(a) In General.--The Secretary of Defense shall establish a
Strategic Communication Management Board (in this section
referred to as the ``Board'') to provide advice to the
Secretary on strategic direction and to help establish
priorities for strategic communication activities.
(b) Composition.--
(1) In general.--The Board shall be composed of members
selected in accordance with this subsection.
(2) Members.--The Secretary of Defense shall appoint
members within 30 days after the date of the enactment of
this Act, selected from among organizations within the
Department of Defense responsible for strategic
communication, public diplomacy, and public affairs,
including the following:
(A) Civil affairs, strategic communication, or public
affairs offices of the military departments.
(B) The Joint Staff.
(C) The combatant commands.
(D) The Office of the Secretary of Defense.
(3) Advisory members.--The Board shall appoint advisory
members of the Board after the members have been selected
under paragraph (2), upon petition from entities seeking
advisory membership. Advisory members shall be selected from
the broader interagency community, and may include
representatives from the following;
(A) The Department of State.
(B) The Department of Justice.
(C) The Department of Commerce.
(D) The United States Agency for International Development.
(E) The Office of the Director of National Intelligence.
(F) The National Security Council.
(G) The Broadcasting Board of Governors.
(4) Leadership.--The Under Secretary of Defense for Policy
(or his designee) shall chair the Board.
(c) Duties.--The duties of the Board are as follows:
(1) Provide strategic direction for efforts of the
Department of Defense related to strategic communication and
military support to public diplomacy.
(2) Establish Department of Defense priorities in these
areas.
(3) Evaluate and select proposals for efforts that support
the Department of Defense strategic communication mission.
(4) Such other duties as the Secretary may assign.

SEC. 1032. 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 ``March 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. 1033. EXTENSION OF COMMISSION TO ASSESS THE THREAT TO
THE UNITED STATES FROM ELECTROMAGNETIC PULSE
(EMP) ATTACK.

(a) Extension.--Section 1409 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-348;
50 U.S.C. 2301 note), as amended by section 1052(j) of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3435), is amended by striking
``The Commission shall terminate'' and all that follows
through the period at the end and inserting ``The Commission
shall terminate March 31, 2012.''.
(b) Annual Reports.--Section 1403 of that Act (114 Stat.
1654A-346; 50 U.S.C. 2301 note), as amended by section
1052(f) of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 3434), is amended by
adding at the end the following:
``(c) Annual Reports.--The Commission shall, not later than
March 1 of each of years 2010, 2011, and 2012, submit to
Congress a report--
``(1) assessing the changes to the vulnerability of United
States military systems and critical civilian infrastructures
resulting from the EMP threat and changes in the threat;
``(2) describing the progress, or lack of progress, in
protecting United States military systems and critical
civilian infrastructures from EMP attack; and
``(3) containing recommendations to address the threat and
protect United States military systems and critical civilian
infrastructures from attack.''.
(c) Funding.--Section 1408 of that Act (114 Stat. 1654A-
348; 50 U.S.C. 2301 note), as amended by section 1052(i) of
the National Defense Authorization Act for Fiscal Year 2006
(Public Law

[[Page H4708]]

109-163; 119 Stat. 3435), is amended by adding at the end the
following: ``Such funds shall not exceed $3,000,000 per
fiscal year.''.
(d) Additional Members.--Effective as of the date that is
90 days after the date of the enactment of this Act--
(1) section 1401 of that Act (114 Stat. 1654A-346; 50
U.S.C. 2301 note), as amended by section 1052(d) of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3434), is amended by striking
subsections (c) and (d) and inserting the following:
``(c) Composition.--
``(1) In general.--The Commission shall be composed of
eleven members.
``(2) DOD and fema members.--Seven of the members shall be
appointed by the Secretary of Defense, and two of the members
shall be appointed by the Director of the Federal Emergency
Management Agency. In the event of a vacancy in the
membership of the Commission under this paragraph, the
Secretary of Defense shall appoint a new member. In selecting
individuals for appointment to the Commission, the Secretary
of Defense shall consult with the chairmen and ranking
minority members of the Committees on Armed Services of the
Senate and House of Representatives.
``(3) FCC and hhs members.--One of the members shall be
appointed by the Chairman of the Federal Communications
Commission, and one of the members shall be appointed by the
Secretary of Health and Human Services. In the event of a
vacancy in the membership of the Commission under this
paragraph, the vacancy shall be filled in the same manner as
the original appointment under this paragraph. In selecting
an individual for appointment to the Commission, the Chairman
of the Federal Communications Commission shall consult with
the chairmen and ranking minority members of the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives. In selecting an individual for appointment
to the Commission, the Secretary of Health and Human Services
shall consult with the chairmen and ranking minority members
of the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives.
``(d) Qualifications.--Members of the Commission appointed
by the Secretary of Defense and the Director of the Federal
Emergency Management Agency shall be appointed from among
private United States citizens with knowledge and expertise
in the scientific, technical, and military aspects of
electromagnetic pulse effects referred to in subsection (b).
The member of the Commission appointed by the Chairman of the
Federal Communications Commission shall be appointed from
among private United States citizens with knowledge and
expertise in telecommunications, network infrastructure and
management, information services, and emergency preparedness
communications. The member of the Commission appointed by the
Secretary of Health and Human Services shall be appointed
from among private United States citizens with knowledge and
expertise in public health, including preparedness for, and
response to, public health emergencies.''; and
(2) section 1405 of that Act (114 Stat. 1654A-347; 50
U.S.C. 2301 note) is amended in subsection (b)(1) by striking
``Five'' and inserting ``Six''.

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
February 1, 2009.
(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. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR
ACQUISITION AND FUNDING OF INTER-CONNECTED
CYBERSPACE SYSTEMS.

(a) Studies Required.--
(1) FFRDC.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall enter
into a contract with an independent federally funded research
and development center (FFRDC) to carry out a comprehensive
study of policies, procedures, organization, and regulatory
constraints affecting the acquisition of technologies
supporting network-centric operations. The contract shall be
funded from amounts appropriated or otherwise made available
to the Secretary for fiscal year 2009 for operation and
maintenance, Defense-wide.
(2) Joint chiefs of staff.--Concurrently, the Chairman of
the Joint Chiefs of Staff shall carry out a comprehensive
study of the same subjects covered by paragraph (1). The
study shall be independent of the study required by paragraph
(1) and shall be carried out in conjunction with the military
departments and in coordination with the Secretary of
Defense.
(b) Matters To Be Addressed.--Each study required by
subsection (a) shall address the following matters:
(1) Development of a taxonomy for understanding the
different yet key foundational components that contribute to
network-centric operations, such as data transport,
processing, storage, data collection, and dissemination.
(2) Mapping ongoing acquisition programs to this taxonomy.
(3) Development of alternative acquisition and funding
models utilizing this network-centric taxonomy, which might
include--
(A) a model under which a joint entity independent of any
military service (such as the Joint Staff) is established
with responsibility and control of all funding for the
acquisition of technologies for network-centric operations,
and with authority to oversee the incorporation of

[[Page H4709]]

such technologies into the acquisition programs of the
military departments;
(B) a model under which an executive agent is established
that would manage and oversee the acquisition of technologies
for network-centric operations, but would not have exclusive
ownership or control of funding for such programs;
(C) a model under which the current approach to the
acquisition and funding of technologies supporting network-
centric operations is maintained; and
(D) any other models that the entity carrying out the study
considers relevant and deserving of consideration.
(4) An analysis of each of the alternative models under
paragraph (3) with respect to potential gains in--
(A) information sharing (collecting, processing,
disseminating);
(B) network commonality;
(C) common communications;
(D) interoperability;
(E) mission impact and success; and
(F) cost effectiveness.
(5) An evaluation of each of the alternative models under
paragraph (3) with respect to feasibility, including
identification of legal, policy, or regulatory barriers that
would impede implementation.
(c) Report Required.--Not later than September 30, 2009,
the Secretary of Defense shall submit to the congressional
defense committees a report on the results of the studies
required by subsection (a). The report shall include the
findings and recommendations of the studies and any
observations and comments that the Secretary considers
appropriate.
(d) Network-Centric Operations Defined.--In this section,
the term ``network-centric operations'' refers to the ability
to exploit all human and technical elements of the Joint
Force and mission partners through the full integration of
collected information, awareness, knowledge, experience, and
decision-making, enabled by secure access and distribution,
all to achieve agility and effectiveness in a dispersed,
decentralized, dynamic, or uncertain operational environment.

SEC. 1045. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

(a) Findings.--Congress finds that--
(1) numerous nonstrategic nuclear weapons are held in the
arsenals of various countries around the world and that their
prevalence and portability make them attractive targets for
theft and for use by terrorist organizations;
(2) the United States should identify, track, and monitor
these weapons as a matter of national security;
(3) the United States should reevaluate the roles and
missions of nonstrategic nuclear weapons within the United
States nuclear posture;
(4) the United States should assess the security risks
associated with existing stockpiles of nonstrategic nuclear
weapons and should assess the risks of nonstrategic 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 nonstrategic nuclear
weapons and to promote multilateral reductions in the numbers
of nonstrategic nuclear weapons.
(b) Review.--The Secretary of Defense, in consultation with
the Secretary of State, the Secretary of Energy, and the
Director of National Intelligence, shall conduct a review of
nonstrategic nuclear weapons world-wide that includes--
(1) an inventory of the nonstrategic nuclear arsenals of
the United States and each of the other countries that
possess, or is believed to possess, nonstrategic nuclear
weapons, which indicates, as accurately as possible, the
nonstrategic 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 nonstrategic nuclear
weapons and their component materials;
(2) an analysis of the reliance placed on nonstrategic
nuclear weapons by the United States and each of the other
countries that possess, or is believed to possess,
nonstrategic nuclear weapons, and an evaluation of
nonstrategic nuclear weapons as deterrents against the use of
nuclear weapons and other weapons of mass destruction by
state or non-state actors;
(3) an assessment of the risks associated with the
deployment, transfer, and storage of nonstrategic nuclear
weapons by the United States and each of the other countries
that possess, or is believed to possess, nonstrategic nuclear
weapons and the risks of nonstrategic nuclear weapons being
employed by rogue states, terrorists, and other state or non-
state actors; and
(4) recommendations for--
(A) mechanisms and procedures to improve security
safeguards for the nonstrategic nuclear weapons of the United
States and of each of the other countries that possess, or is
believed to possess, nonstrategic nuclear weapons;
(B) mechanisms and procedures for implementing transparent
multilateral reductions in nonstrategic nuclear weapons
arsenals; and
(C) methods for consolidating, dismantling, and disposing
of the nonstrategic nuclear weapons of the United States and
of each of the other countries that possess, or is believed
to possess, nonstrategic nuclear weapons, including methods
of monitoring and verifying consolidation, dismantlement, and
disposal.
(c) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
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.
(d) Definition.--For purposes of this section, the term
``nonstrategic nuclear weapon'' means a nuclear weapon
employed by land, sea, or air (including, without limitation,
by short, medium and intermediate range ballistic missiles,
air and sea launched cruise missiles, gravity bombs,
torpedoes, land mines, sea mines, artillery shells, and
personnel carried devices) against opposing forces,
supporting installations, or facilities in support of
operations that contribute to the accomplishment of a
military mission of limited scope.

SEC. 1046. STUDY ON NATIONAL DEFENSE IMPLICATIONS OF SECTION
1083.

The Department of Defense shall study the national defense
implications of section 1083 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 338).

SEC. 1047. REPORT ON METHODS DEPARTMENT OF DEFENSE UTILIZES
TO ENSURE COMPLIANCE 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 is taking to ensure that all
contractors of the Department performing work on Guam comply
with local tax and licensing requirements. The report shall--
(1) include what language will be utilized in contract
documents requiring compliance with local tax and licensing
laws;
(2) identify what authorities the Department will use to
compliance with such local laws; and
(3) also include the steps being taken by the Department to
partner with the Government of Guam Department of Revenue and
Taxation to ensure that there is transparency and a
coordination of effort to ensure that the local government
has visibility of contractors performing work on Guam.

Subtitle F--Congressional Recognitions

SEC. 1051. SENSE OF CONGRESS HONORING THE HONORABLE DUNCAN
HUNTER.

(a) 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) Representative Hunter was awarded the Bronze Star, Air
Medal, National Defense Service Medal, and Vietnam Service
Medal for his heroic acts during the Vietnam Conflict.
(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 authorizing and ensuring 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 have been enacted by the Congress
and implemented by the Administration.
(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 enacting legislation that
ensures the national industrial base will be able to design
and manufacture those products critical to America's national
security.
(b) 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. 1052. SENSE OF CONGRESS IN HONOR OF THE HONORABLE JIM
SAXTON, A MEMBER OF THE HOUSE OF
REPRESENTATIVES.

(a) Findings.--Congress makes the following findings:
(1) Representative Hugh James ``Jim'' Saxton was elected in
November 1984 to fill both the unexpired term of Congressman
Edwin B. Forsythe in the 98th Congress, and the open seat for
the 99th Congress.
(2) Representative Saxton is a senior member of the
Committee on Armed Services, having

[[Page H4710]]

served on the committee since 1989, and is today the ranking
Member of its Air and Land Forces Subcommittee in the 110th
Congress, 2007-2008.
(3) Representative Saxton is one of the few Members to have
ever represented a district that included active-duty Army,
Navy, and Air Force bases.
(4) Representative Saxton served as Chairman of the
Military Installations and Facilities Subcommittee from 2001
to 2002, and Chairman of the Terrorism and Unconventional
Threats and Capabilities Subcommittee from 2003 to 2006.
(5) Representative Saxton has served soldiers, sailors,
airmen, and Department of Defense civilians and military
families in New Jersey, the United States, and around the
world, regarding issues of fair pay, housing modernization,
benefits, health care, force protection, and other issues.
(6) Representative Saxton worked diligently and
successfully to save all three military bases in southern New
Jersey--Fort Dix, McGuire Air Force Base, and Lakehurst Naval
Air Engineering Station.
(7) Representative Saxton secured the future of the three
bases by having the foresight to encourage them to
participate in multiple inter-service joint projects and
exercises for more than 10 years prior to the 2005 base
realignment and closure (BRAC) action that directed that they
become a single, joint installation, the Nation's only Army-
Navy-Air Force base, to be stood-up in 2009 as Joint Base
McGuire-Dix-Lakehurst.
(8) Representative Saxton has helped modernize Fort Dix,
McGuire Air Force Base, and Lakehurst Navy Base, by working
with Secretaries and Chiefs of the Army, Navy, Marines, and
Air Force, and other officials, and in particular the Army
Reserve, Army National Guard, National Guard Bureau, Air
National Guard, Air Mobility Command, and Air Force Reserve,
to enhance the three bases' national security missions and
bring $1,800,000,000 in infrastructure during his tenure.
(9) Representative Saxton saved the 1,400-member 108th New
Jersey Air National Guard Air Refueling Wing from
dismantlement in 2005 by directing that newer KC-135R
Stratotanker aircraft be sent to replace retiring KC-135 E
model aircraft.
(10) Representative Saxton saved the cargo airlift mission
of McGuire Air Force Base by bringing a squadron of C-17
Globemasters to McGuire after the mandatory retirement of all
of the bases' C-141 Starlifter transports, and worked to
procure many other C-17s for other bases across the country
to perform the Nation's airlift missions.
(11) Representative Saxton took the leadership role in
bringing the mothballed battleship USS New Jersey home to the
Delaware River from where it was launched in 1943, so it
could become a naval museum and monument to the 20th Century
conflicts in which the dreadnought served.
(12) Representative Saxton, a long time advocate of anti
terrorism efforts, served as the Chairman of the House Task
Force on Terrorism and Unconventional Warfare from 1996 to
2003.
(13) Representative Saxton in 1998 helped create and later
expand the Weapons of Mass Destruction Civil Support Teams
(WMD-CST) program in the National Guard, ultimately leading
to a WMD-CST in each State and territory to respond to
domestic terrorism.
(14) Representative Saxton was appointed by the Speaker of
the House of Representatives in March 2000 to be chairman of
the Committee on Armed Services' newly formed Special
Oversight Panel on Terrorism, due to long advocacy of anti-
terrorism preparedness.
(15) Representative Saxton is a long-time supporter of the
warriors of the Special Operations Command (SOCOM), both
before and after the attacks of September 11, 2001, and has
met with special operators in Washington, DC, at SOCOM bases
in the United States, and in theater.
(16) Representative Saxton worked for over a decade to
create the first terrorism subcommittee on the Committee on
Armed Services, becoming its first chairman when the
Subcommittee on Terrorism and Unconventional Threats and
Capabilities organized in 2003 with oversight of United
States elite forces, including Army Rangers, Green Berets,
Navy SEALS, and Marine Special Forces.
(b) Sense of Congress.--It is the sense of Congress that
the Honorable Jim Saxton, Representative from New Jersey, 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. 1053. SENSE OF CONGRESS HONORING THE HONORABLE TERRY
EVERETT.

(a) Findings.--Congress makes the following findings:
(1) Representative Terry Everett was elected to represent
Alabama's 2d Congressional district in 1992 and served in the
House of Representatives until the end of the 110th Congress
in 2008 with distinction, class, integrity, and honor.
(2) Representative Everett served on the Committee on Armed
Services of the House of Representatives for 16 years,
including service as Chairman of the Subcommittee on
Strategic Forces from 2002 through 2006 and, from 2006
through 2008, as Ranking Member of the Subcommittee on
Strategic Forces.
(3) Representative Everett's colleagues know him to be a
fair and effective lawmaker who worked for the national
interest while always serving Southeastern Alabama.
(4) Representative Everett's efforts on the Committee on
Armed Services have been instrumental to the military value
of, and quality of life at, military installations in
Southeastern Alabama, including Maxwell-Gunter Air Force Base
in Montgomery, home of Air University, and Fort Rucker in the
Wiregrass area, home of the Army's Aviation Warfighting
Center.
(5) Representative Everett has been a leader in efforts to
develop and deploy robust and effective space and
intelligence capabilities and missile defense systems to
enhance the capabilities of the Armed Forces and protect the
American people, the United States and its deployed troops,
and allies of the United States.
(6) Representative Everett also has been a leader on issues
relating to national security space activities and missile
defense space activities.
(b) Sense of Congress.--It is the Sense of Congress that
the Honorable Terry Everett, Representative from Alabama, has
served the House of Representatives and the American people
selflessly, and deserves the sincere and humble gratitude of
Congress and the Nation.

SEC. 1054. SENSE OF CONGRESS HONORING THE HONORABLE JO ANN
DAVIS.

(a) Findings.--Congress makes the following findings:
(1) Representative Jo Ann Davis was elected to the House of
Representatives in November 2000 following the late
Congressman Herbert H. Bateman.
(2) Representative Davis was the second woman elected to
Congress in the Commonwealth of Virginia, and the first
Republican woman elected to Congress in the Commonwealth of
Virginia.
(3) Representative Davis was a member of the Committee on
Armed Services, serving as Ranking Member of the Readiness
Subcommittee in the 110th Congress.
(4) Representative Davis served soldiers, sailors, airmen
and Department of Defense civilians and military personnel
regarding issues of health care, modernization, benefits,
force protection and other issues.
(5) Representative Davis also served on the House Permanent
Select Committee on Intelligence in the 109th Congress and as
Chairwoman of the Subcommittee on Intelligence Policy.
(6) Representative Davis, a strong proponent of Naval Force
Structure, helped secure construction on the Navy's next-
generation aircraft carrier, CVN-21, during her tenure.
(b) Sense of Congress.--It is the sense of Congress that
the Honorable Jo Ann Davis, a late Representative from
Virginia, performed her official duties with integrity and
distinction, served the House of Representatives and the
American people selflessly, and deserves the sincere and
humble gratitude of Congress and the Nation.

Subtitle G--Other Matters

SEC. 1061. AMENDMENT TO ANNUAL SUBMISSION OF INFORMATION
REGARDING INFORMATION TECHNOLOGY CAPITAL
ASSETS.

Section 351(a)(2) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2516), is amended to read as follows:
``(2) Information technology capital assets that--
``(A) have an estimated total cost for the fiscal year for
which the budget is submitted in excess of $30,000,000;
``(B) have been determined by the Chief Information Officer
of the Department of Defense and the Director of the Office
of Management and Budget to be significant investments; and
``(C) with respect to which the Department of Defense is
required to submit a capital asset plan to the Office of
Management and Budget in accordance with section 300 of
Office of Management and Budget Circular A-11.''.

SEC. 1062. RESTRICTION ON DEPARTMENT OF DEFENSE RELOCATION OF
MISSIONS OR FUNCTIONS FROM CHEYENNE MOUNTAIN
AIR FORCE STATION.

The Secretary of Defense may not relocate, make
preparations for relocation, or undertake the relocation of
any mission or function from Cheyenne Mountain Air Force
Station until 30 days after the date on which the Secretary
of Defense submits to the congressional defense committees
certification in writing that the Secretary intends to
relocate the mission or function. Such certification shall be
comprised of a report, which shall include--
(1) a description of the mission or function to be
relocated;
(2) the validated requirements for relocation of the
mission or function, and the benefits of such relocation;
(3) the estimate of the total costs associated with such
relocation;
(4) the results of independent vulnerability, security, and
risk assessments of the relocation of the mission or
function; and
(5) the Secretary's implementation plan for mitigating any
security or vulnerability risk identified through an
independent assessment referred to in paragraph (4),
including the cost, schedule, and personnel estimates
associated with such plan.

SEC. 1063. 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

[[Page H4711]]

(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 of
such title, 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 For7911''.....

(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) 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) is amended by striking ``as amended by''
and inserting ``as inserted by''.
(4) Section 805(a) is amended by striking
``Act ,'' and inserting ``Act,''.
(5) Section 883(b) 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) is amended by striking ``sections''
and inserting ``parts''.
(7) Section 904(a)(4) 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 ``semicolon'' and inserting ``comma''.
(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 ``the Army'' and inserting ``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''.
(f) Public Law 106-113.--Effective as of November 29, 1999,
and as if included therein as enacted, section 553 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (as enacted into law by section
1000(a)(2) of Public Law 106-113 (113 Stat. 1535, 1501A-99))
is amended by striking ``five-year period'' and inserting
``eight-year period''.

SEC. 1064. SUBMISSION TO CONGRESS OF REVISION TO REGULATION
ON ENEMY PRISONERS OF WAR, RETAINED PERSONNEL,
CIVILIAN INTERNEES, AND OTHER DETAINEES.

(a) Submission to Congress.--No activity relating to a
successor regulation to Army Regulation 190-8 Enemy Prisoners
of War, Retained Personnel, Civilian Internees and Other
Detainees (dated October 1, 1997) may be carried out 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. 1065. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO
PORTUGUESE NATIONALS EMPLOYED BY THE DEPARTMENT
OF DEFENSE.

(a) Authorization for Payments.--Subject to subsection (b),
the Secretary of Defense may authorize payments to Portuguese
nationals employed by the Department of Defense in Portugal,
for the difference between--
(1) the salary increases resulting from section 8002 of the
Department of Defense Appropriations Act, 2006 (Public Law
109-148 119 Stat. 2697; 10 U.S.C. 1584 note) and section 8002
of the Department of Defense Appropriations Act, 2007 (Public
Law 109-289; 120 Stat. 1271; 10 U.S.C. 1584 note); and
(2) salary increases supported by the Department of Defense
Azores Foreign National wage surveys for survey years 2006
and 2007.
(b) Limitation.--The authority provided in subsection (a)
may be exercised only if--
(1) the wage survey methodology described in the United
States--Portugal Agreement on Cooperation and Defense, with
supplemental technical and labor agreements and exchange of
notes, signed at Lisbon on June 1, 1995, and entered into
force on November 21, 1995, is eliminated; and
(2) the agreements and exchange of notes referred to in
paragraph (1) and any implementing regulations thereto are
revised to explicitly state the requirement that future
increases in the pay of Portuguese nationals employed by the
Department of Defense in Portugal are to be made in
compliance with United States law and regulations prescribed
by the Secretary of Defense.
(c) Authorization for Appropriation.--There is authorized
to be appropriated to the Secretary of Defense $240,000 for
fiscal year 2009 for the purpose of the payments authorized
by subsection (a).

SEC. 1066. STATE DEFENSE FORCE IMPROVEMENT.

(a) Findings.--Congress makes the following findings:
(1) Domestic threats to national security and the increased
use of National Guard forces for out-of-State deployments
greatly increase the potential for service by members of
State defense forces established under section 109(c) of
title 32, United States Code.
(2) The efficacy of State defense forces is impeded by lack
of clarity in the Federal regulations concerning those
forces, particularly in defining levels of coordination and
cooperation between those forces and the Department of
Defense.
(3) The State defense forces suffer from lack of
standardized military training, arms, equipment, support, and
coordination with the Department of Defense as a result of
real and perceived Federal regulatory impediments.
(b) Recognition and Support for State Defense Forces.--
Section 109 of title 32, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Recognition.--Congress hereby recognizes forces
established under subsection (c) as an integral military
component of the United States, while reaffirming that those
forces remain entirely State regulated, organized, and
equipped and recognizing that those forces will be used
exclusively at the local level and in accordance with State
law.
``(e) Assistance by Department of Defense.--(1) The
Secretary of Defense may coordinate with, and provide
assistance to, a defense force established under subsection
(c) to the extent such assistance is requested by a State or
by a force established under subsection (c) and subject to
the provisions of this section.
``(2) The Secretary may not provide assistance under
paragraph (1) if, in the judgment of the Secretary, such
assistance would--
``(A) impede the ability of the Department of Defense to
execute missions of the Department;
``(B) take resources away from warfighting units;
``(C) incur nonreimbursed identifiable costs; or
``(D) consume resources in a manner inconsistent with the
mission of the Department of Defense.
``(f) Use of Department of Defense Property and
Equipment.--The Secretary of Defense may authorize qualified
personnel of a force established under subsection (c) to use
and operate property, arms, equipment, and facilities of the
Department of Defense as needed in the course of training
activities and State active duty.
``(g) Transfer of Excess Equipment.--(1) The Secretary of
Defense may transfer to a State or a force established under
subsection (c) any personal property of the Department of
Defense that the Secretary determines is--
``(A) excess to the needs of the Department of Defense; and
``(B) suitable for use by a force established under
subsection (c).
``(2) The Secretary of Defense may transfer personal
property under this section only if--
``(A) the property is drawn from existing stocks of the
Department of Defense;
``(B) the recipient force established under subsection (c)
accepts the property on an as-is, where-is basis;
``(C) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment; and
``(D) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(3) Subject to paragraph (2)(D), the Secretary may
transfer personal property under this section without charge
to the recipient force established under subsection (c).
``(h) Federal/State Training Coordination.--(1)
Participation by a force established under subsection (c) in
a training program of the Department of Defense is at the
discretion of the State.
``(2) Nothing in this section may be construed as requiring
the Department of Defense to provide any training program to
any such force.
``(3) Any such training program shall be conducted in
accordance with an agreement between--
``(A) the Secretary of Defense; and
``(B) the State or the force established under subsection
(c) if so authorized by State law.
``(4) Any direct costs to the Department of Defense of
providing training assistance to a force established under
subsection (c) shall be reimbursed by the State. Any
agreement under paragraph (3) between the Department of
Defense

[[Page H4712]]

and a State or a force established under subsection (c) for
such training assistance shall provide for payment of such
costs.
``(i) Federal Funding of State Defense Forces.--Funds
available to the Department of Defense may not be made
available to a State defense force.''.
(c) Definition of State.--
(1) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(l) State Defined.--In this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.''.
(2) Conforming amendments.--Such section is further amended
in subsections (a), (b), and (c) by striking ``a State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
or the Virgin Islands'' each place it appears and inserting
``a State''.
(d) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Prohibition on
Maintenance of Other Troops.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Use Within State
Borders.--'' after ``(b)'';
(3) in subsection (c), by inserting ``State Defense Forces
Authorized.--'' after ``(c)'';
(4) in subsection (j), as redesignated by subsection
(a)(1), by inserting ``Effect of Membership in Defense
Forces.--'' after ``(j)''; and
(5) in subsection (k), as redesignated by subsection
(a)(1), by inserting ``Prohibition on Reserve Component
Members Joining Defense Forces.--'' after ``(k)''.
(e) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:

``Sec. 109. Maintenance of other troops: State defense
forces''.

(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 1 of
such title is amended to read as follows:

``109. Maintenance of other troops: State defense forces.''.

SEC. 1067. 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).
(e) Funding.--Of the amounts authorized to be appropriated
by section 301(13) of this Act, $7,175,000 is authorized to
carry out subsection (a).

SEC. 1068. SENSE OF CONGRESS REGARDING THE ROLES AND MISSIONS
OF THE DEPARTMENT OF DEFENSE AND OTHER NATIONAL
SECURITY INSTITUTIONS.

It is the sense of Congress as follows:
(1) To ensure the future security of the United States, all
of the national security organizations of the Federal
Government must work together more effectively.
(2) The conflicts in Iraq and Afghanistan have demonstrated
a need to expand the definition of national security
organizations to include all departments and agencies that
contribute to the relations of the United States with the
world.
(3) As the largest national security organization, the
Department of Defense must effectively collaborate in both a
supported and supporting role with other departments and
agencies.
(4) Section 941 of Public Law 110-181 created an
opportunity for the Department of Defense to address internal
assignments of functions.
(5) The Initial Perspectives report of the Panel on Roles
and Missions of the Committee on Armed Services of the House
of Representatives illustrated the following three levels of
coordination that must be improved:
(A) Inter-agency coordination.
(B) Department of Defense-wide coordination.
(C) Inter-service coordination.
(6) Institutionalizing effective coordination within and
among the national security organizations of the Federal
Government may require fundamental reform.

SEC. 1069. SENSE OF CONGRESS RELATING TO 2008 SUPPLEMENTAL
APPROPRIATIONS.

It is the sense of Congress that readiness shortfalls exist
within the Armed Forces of the United States, thus increasing
risk to the national security of the United States. Congress
has provided, and will continue to provide, funds to address
the readiness shortfalls in the Armed Forces of the United
States.

SEC. 1070. SENSE OF CONGRESS REGARDING DEFENSE REQUIREMENTS
OF THE UNITED STATES.

It is the sense of Congress that the defense requirements
of the United States should be based upon a comprehensive
national security strategy and fully funded to counter
present and emerging threats.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Temporary authority to waive limitation on premium pay for
Federal employees.
Sec. 1102. Extension of authority to make lump-sum severance payments.
Sec. 1103. Extension of voluntary reduction-in-force authority of
Department of Defense.
Sec. 1104. Technical amendment to definition of professional accounting
position.
Sec. 1105. Expedited hiring authority for health care professionals.
Sec. 1106. Authority to adjust certain limitations on personnel and
reports on such adjustments.
Sec. 1107. Temporary discretionary authority to grant allowances,
benefits, and gratuities to personnel on official duty in
a combat zone.
Sec. 1108. Requirement relating to furloughs during the time of a
contingency operation.
Sec. 1109. Direct hire authority for certain positions at personnel
demonstration laboratories.

SEC. 1101. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON PREMIUM
PAY FOR FEDERAL EMPLOYEES.

(a) Waiver Authority.--Subject to subsection (b), the head
of an agency may waive the limitation under section 5547(a)
of title 5, United States Code, with respect to premium pay
for any service which is performed by an employee of such
agency--
(1) in an overseas location within the area of
responsibility of the Commander of the United States Central
Command; and
(2) in direct support of or directly related to--
(A) a military operation, including a contingency
operation; or
(B) an operation in response to an emergency declared by
the President.
(b) Limitations.--Waiver authority under this section shall
be available only with respect to premium pay for service
performed in 2009, and only to the extent that its exercise
would not cause an employee's total basic pay and premium pay
for 2009 to exceed $212,100.
(c) Additional Pay Not Considered Basic Pay.--Any amount of
premium pay that would not have been payable but for a waiver
under this section shall not be considered to be basic pay
for any purpose and shall not be used in computing a lump-sum
payment for accumulated and accrued annual leave under
section 5551 of title 5, United States Code.
(d) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations which may be
necessary to ensure consistency among heads of agencies in
the application of this section.
(e) Definitions.--For purposes of this section--
(1) the terms ``agency'' and ``employee'' have the
respective meanings given such terms by section 5541 of title
5, United States Code;
(2) the term ``premium pay'' refers to any premium pay
described in section 5547(a) of such title 5; and
(3) the term ``contingency operation'' has the meaning
given such term by section 101(a)(13) of title 10, United
States Code.

SEC. 1102. 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. 1103. 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. 1104. TECHNICAL AMENDMENT TO DEFINITION OF PROFESSIONAL
ACCOUNTING POSITION.

Section 1599d(e) of title 10, United States Code, is
amended by striking ``GS-510, GS-511, and GS-505'' and
inserting ``0505, 0510, or 0511 (or an equivalent)''.

SEC. 1105. 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. 1106. AUTHORITY TO ADJUST CERTAIN LIMITATIONS ON
PERSONNEL AND REPORTS ON SUCH ADJUSTMENTS.

(a) Authority To Adjust Limitations on OSD Personnel.--

[[Page H4713]]

(1) Section 143 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``The number'' and
inserting ``Subject to subsection (b), the number'';
(B) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(C) by inserting after subsection (a) the following new
subsection (b):
``(b) Authority To Adjust Limitation.--(1) For fiscal year
2009 and fiscal years thereafter, the Secretary of Defense
may adjust the limitation on OSD personnel in accordance with
paragraph (2) to accommodate increases in workload or to
modify the type of personnel required to accomplish work.
``(2) The Secretary may adjust the baseline personnel
limitation under paragraph (1) by increasing it by no more
than 5 percent in a fiscal year.''; and
(D) by amending subsection (c) (as so redesignated) to read
as follows:
``(c) Definitions.--In this section:
``(1) The term `OSD personnel' means military and civilian
personnel of the Department of Defense who are assigned to,
or employed in, functions in the Office of the Secretary of
Defense (including Direct Support Activities of that Office
and the Washington Headquarters Services of the Department of
Defense).
``(2) The term `baseline personnel limitation', with
respect to OSD personnel, means--
``(A) for fiscal year 2009, the number described in
subsection (a); and
``(B) for any fiscal year thereafter, such number as
increased (if at all) by the Secretary under subsection (b)
during preceding fiscal years.''.
(b) Defense Agencies and Field Activities.--Section 194 of
title 10, United States Code, is amended--
(1) in subsections (a) and (b), by striking ``The total''
each place it appears and inserting ``Subject to subsection
(c), the total'';
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Authority To Adjust Limitation.--(1) For fiscal year
2009 and fiscal years thereafter, the Secretary of Defense
may adjust the baseline personnel limitations in subsection
(a) in accordance with paragraph (2) to accommodate increases
in workload or to modify the type of personnel required to
accomplish work.
``(2) The Secretary may adjust a baseline personnel
limitation under paragraph (1) by increasing it by no more
than 5 percent in a fiscal year.''; and
(4) by amending subsection (g) (as so redesignated)--
(A) by striking ``In this section, the'' and inserting ``In
this section:
``(1) The''; and
(B) by adding at the end the following new paragraph:
``(2) The term `baseline personnel limitation', with
respect to members of the armed forces and civilian employees
described in subsection (a) or subsection (b), means--
``(A) for fiscal year 2009, the number described in
subsection (a) or (b), respectively; and
``(B) for any fiscal year thereafter, such number as
increased (if at all) by the Secretary under subsection (c)
during preceding fiscal years.''.
(c) Office of the Secretary of the Army and Army Staff.--
Subsection (f) of section 3014 of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5)(A) For fiscal year 2009 and fiscal years thereafter,
the Secretary of the Army may adjust the baseline personnel
limitation in paragraph (1), (2), or (3) in accordance with
subparagraph (B) to accommodate increases in workload or to
modify the type of personnel required to accomplish work.
``(B) The Secretary may adjust a baseline personnel
limitation under subparagraph (A) by increasing it by no more
than 5 percent in a fiscal year.
``(C) In this subsection, the term `baseline personnel
limitation', with respect to members of the armed forces and
civilian employees described in paragraph (1), (2), or (3),
means--
``(i) for fiscal year 2009, the number described in
paragraph (1), (2), or (3), respectively; and
``(ii) for any fiscal year thereafter, such number as
increased (if at all) by the Secretary under subparagraph (A)
during preceding fiscal years.''.
(d) Office of the Secretary of the Navy, Office of the
Chief of Naval Operations, and Headquarters, Marine Corps.--
Subsection (f) of section 5014 of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5)(A) For fiscal year 2009 and fiscal years thereafter,
the Secretary of the Navy may adjust the baseline personnel
limitation in paragraph (1), (2), or (3) in accordance with
subparagraph (B) to accommodate increases in workload or to
modify the type of personnel required to accomplish work.
``(B) The Secretary may adjust a baseline personnel
limitation under subparagraph (A) by increasing it by no more
than 5 percent in a fiscal year.
``(C) In this subsection, the term `baseline personnel
limitation', with respect to members of the armed forces and
civilian employees described in paragraph (1), (2), or (3),
means--
``(i) for fiscal year 2009, the number described in
paragraph (1), (2), or (3), respectively; and
``(ii) for any fiscal year thereafter, such number as
increased (if at all) by the Secretary under subparagraph (A)
during any preceding fiscal years.''.
(e) Office of the Secretary of the Air Force and Air
Staff.--Subsection (f) of section 8014 of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(5)(A) For fiscal year 2009 and fiscal years thereafter,
the Secretary of the Air Force may adjust the baseline
personnel limitation in paragraph (1), (2), or (3) in
accordance with subparagraph (B) to accommodate increases in
workload or to modify the type of personnel required to
accomplish work.
``(B) The Secretary may adjust a baseline personnel
limitation under subparagraph (A) by increasing it by no more
than 5 percent in a fiscal year.
``(C) In this subsection, the term `baseline personnel
limitation', with respect to members of the armed forces and
civilian employees described in paragraph (1), (2), or (3),
means--
``(i) for fiscal year 2009, the number described in
paragraph (1), (2), or (3), respectively; and
``(ii) for any fiscal year thereafter, such number as
increased (if at all) by the Secretary under subparagraph (A)
during preceding fiscal years.''.
(f) Report Required.--The Secretary of Defense shall submit
a report to the congressional defense committees at the same
time that the defense budget materials for each fiscal year
are presented to Congress. The report shall include the
following information:
(1) During the preceding fiscal year, the average number of
military personnel and civilian employees of the Department
of Defense 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) The total increase in personnel assigned to the
activities or entities described in paragraph (1), if any,
during the preceding fiscal year--
(A) attributable to the replacement of contract personnel
with military personnel or civilian employees of the
Department of Defense, including the number of positions
associated with the replacement of contract personnel
performing inherently governmental functions or performing
lead system integrator functions; and
(B) attributable to reasons other than the replacement of
contract personnel with military personnel or civilian
employees of the Department, such as workload or operational
demand increases.
(3) The number of military personnel and civilian employees
of the Department of Defense assigned to the activities or
entities described in paragraph (1) as of October 1 of the
preceding fiscal year.
(4) An analysis and justification for any increase in
personnel assigned to the activities or entities described in
paragraph (1), if any, during the preceding fiscal year,
including an analysis of the workload of the activity or
entity and the management of the workload.
(g) Definitions.--In this section:
(1) Defense budget materials.--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 that is
submitted to Congress by the President under section 1105 of
title 31, United States Code.
(2) Contract personnel.--The term ``contract personnel''
means persons hired under a contract with the Department of
Defense for the performance of major Department of Defense
headquarters activities.
(h) Comptroller General Evaluation.--Not later than April
15, 2009, the Comptroller General shall--
(1) conduct an evaluation of the overall management of the
staffing processes and procedures for the personnel affected
by the amendments made by this section; and
(2) submit to the congressional defense committees a report
on the results of such evaluation, with such findings and
recommendations as the Comptroller General considers
appropriate.

SEC. 1107. 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).

[[Page H4714]]

SEC. 1108. REQUIREMENT RELATING TO FURLOUGHS DURING THE TIME
OF A CONTINGENCY OPERATION.

(a) In General.--Subchapter I of chapter 35 of title 5,
United States Code, is amended by adding at the end the
following new section:

``Sec. 3505. Furloughs within Department of Defense

``(a) For purposes of this section--
``(1) the term `furlough' means the placing of an employee
in a temporary status without duties and pay because of a
lack of funds;
``(2) the term `contingency operation' has the meaning
given such term by section 101(a)(13) of title 10; and
``(3) the term `defense committees' has the meaning given
such term by section 119(g) of title 10.
``(b)(1) The Secretary of Defense may not issue notice of a
furlough described in paragraph (2) until the Secretary has
certified to the defense committees that the Secretary has no
other legal measures to avoid such furloughs.
``(2) This subsection applies with respect to any furlough
that impacts substantial portions of the civilian workforce
of the Department of Defense commencing during the time of a
contingency operation.''.
(b) Clerical Amendment.--The analysis for chapter 35 of
title 5, United States Code, is amended by inserting after
the item relating to section 3504 the following new item:

``3505. Furloughs within Department of Defense.''.

SEC. 1109. DIRECT HIRE AUTHORITY FOR CERTAIN POSITIONS AT
PERSONNEL DEMONSTRATION LABORATORIES.

(a) Authority.--The Secretary of Defense may make
appointments 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) Positions Described.--This section applies with respect
to any scientific or engineering position within a laboratory
identified in section 9902(c)(2) of title 5, United States
Code, appointment to which requires an advanced degree.
(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 positions greater than
the number equal to 2 percent of the total number of
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 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.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Subtitle B--Matters Relating to Iraq and Afghanistan

Subtitle C--Other Matters

Subtitle A--Assistance and Training

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF
THE PAKISTAN FRONTIER CORPS.

(a) Authority.--Subsection (a) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 366) is amended by striking
``during fiscal year 2008'' and inserting ``during fiscal
years 2008, 2009, and 2010''.
(b) Funding Limitation.--Subsection (c)(1) of such section
is amended by striking ``for fiscal year 2008 to provide the
assistance under subsection (a)'' and inserting ``for a
fiscal year specified in subsection (a) to provide the
assistance under such subsection for such fiscal year''.

SEC. 1202. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE
ACTIVITIES.

Section 168(e) of title 10, United States Code, is amended
by adding at the end the following:
``(5) Funds available under this section for fiscal year
2009 or any subsequent fiscal year may be used for programs
that begin in such fiscal year but end in the next fiscal
year.''.

SEC. 1203. ENHANCED AUTHORITY TO PAY INCREMENTAL EXPENSES FOR
PARTICIPATION OF DEVELOPING COUNTRIES IN
COMBINED EXERCISES.

Section 2010 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) Funds available under this section for fiscal year
2009 or any subsequent fiscal year may be used for programs
that begin in such fiscal year but end in the next fiscal
year.''.

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), as amended by section 1252 of
Public Law 110-181 (122 Stat. 402), is further amended by
adding at the end the following:
``(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 is amended
by striking ``September 30, 2009'' and inserting ``September
30, 2010''.

SEC. 1205. ONE-YEAR EXTENSION OF AUTHORITY FOR DISTRIBUTION
TO CERTAIN FOREIGN PERSONNEL OF EDUCATION AND
TRAINING MATERIALS AND INFORMATION TECHNOLOGY
TO ENHANCE MILITARY INTEROPERABILITY.

(a) Limitations.--Section 1207 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2419) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Limitations.--
``(1) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority provided in
this section to provide any type of assistance described in
this section that is otherwise prohibited by any other
provision of law.
``(2) Limitation on eligible countries.--The Secretary of
Defense may not use the authority provided in this section to
provide any type of assistance described in this section to
the personnel referred to in subsection (b) of any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.''.
(b) Annual Report.--Subsection (h)(1) of such section, as
redesignated by subsection (a)(1) of this section, is amended
by striking ``and 2008'' and inserting ``, 2008, and 2009''.
(c) Termination.--Subsection (i) of such section, as
redesignated by subsection (a)(1) of this section, is amended
by striking ``2008'' and inserting ``2009''.

SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING
TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.

(a) Limitations.--Subsection (c)(1) 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 Public Law 109-364 (120 Stat. 2418), is further
amended by adding at the end the following new sentence:
``Amounts available under the authority of subsection (a) for
fiscal year 2009 or any subsequent fiscal year may be used
for programs that begin in such fiscal year but end in the
next fiscal year.''.
(b) Two-Year Extension of Program Authority.--Subsection
(g) of such section is amended--
(1) in the first sentence, by striking ``2008'' and
inserting ``2010''; and
(2) in the second sentence, by striking ``2006, 2007, or
2008'' and inserting ``2009 or 2010''.

SEC. 1207. EXTENSION OF AUTHORITY FOR SECURITY AND
STABILIZATION ASSISTANCE.

Section 1207(g) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law

[[Page H4715]]

109-163; 119 Stat. 3458), as amended by section 1210 of
Public Law 110-181 (122 Stat. 369), is further amended by
striking ``September 30, 2008'' and inserting ``September 30,
2010''.

SEC. 1208. AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.

(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 127d the following new
section:

``Sec. 127e. Authority for support of special operations to
combat terrorism

``(a) Authority.--The Secretary of Defense may expend up to
$35,000,000 during any fiscal year to provide support to
foreign forces, irregular forces, groups, or individuals
engaged in supporting or facilitating ongoing military
operations by United States special operations forces to
combat terrorism.
``(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) Notification.--Upon using the authority provided in
subsection (a) to make funds available for support of an
approved military operation, the Secretary of Defense shall
notify the congressional defense committees expeditiously,
and in any event within 48 hours, of the use of such
authority with respect to that operation. Such a notification
need be provided only once with respect to any such
operation. Any such notification shall be in writing.
``(d) Limitation on Delegation.--The authority of the
Secretary of Defense to make funds available under subsection
(a) for support of a military operation may not be delegated.
``(e) Intelligence Activities.--This section does not
constitute authority to conduct covert action, as such term
is defined in section 503(e) of the National Security Act of
1947 (50 U.S.C. 413b(e)).
``(f) Annual Report.--
``(1) Report required.--Not later than 120 days after the
close of each fiscal year, the Secretary of Defense shall
submit to the congressional defense committees a report on
support provided under subsection (a) during that fiscal
year.
``(2) Matters to be included.--Each report required by
paragraph (1) shall describe the support provided,
including--
``(A) the country involved in the activity, the individual
or force receiving the support, and, to the maximum extent
practicable, the specific region of each country involved in
the activity;
``(B) the respective dates and a summary of congressional
notifications for each activity;
``(C) the unified commander for each activity, as well as
the related objectives, as established by that commander;
``(D) the total amount obligated to provide support;
``(E) for each activity that amounts to more than $500,000,
specific budget details that explain the overall funding
level for that activity; and
``(F) a statement providing a brief assessment of the
outcome of the support, including specific indications of how
the support furthered the mission objective of special
operations forces and the type of follow-on support, if any,
that may be necessary.
``(g) Annual Limitation.--Support may be provided under
subsection (a) from funds made available for operations and
maintenance.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by inserting
after the item relating to section 127d the following new
item:

``127e. Authority for support of special operations to combat
terrorism.''.
(c) Repeal.--Section 1208 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2086) is hereby repealed.

SEC. 1209. REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP
PROGRAM.

Section 2249c(b) of title 10, United States Code, is
amended in the first sentence by striking ``$25,000,000'' and
inserting ``$35,000,000''.

Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.

(a) Limitation.--No funds appropriated pursuant to an
authorization of appropriations in this Act or any other Act
for any fiscal year 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.
(b) Definition.--In this section, the term ``permanent
stationing of United States Armed Forces in Iraq'' means the
stationing of United States Armed Forces in Iraq on a
continuing or lasting basis, as distinguished from temporary,
although the basis may be permanent even though it may be
dissolved eventually at the request either of the United
States or of the Government of Iraq, in accordance with law.

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 each
agreement 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 entered into or 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 discussion of limits placed on United States combat
operations by the Government of Iraq, including required
coordination, if any, before such operations can be
undertaken.
(2) An assessment of the extent to which conditions placed
on United States combat operations are greater than the
conditions under which United States Armed Forces operated
prior to the signing of the agreement, and 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 discussion 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. The discussion
should include an assessment of the protections that such
personnel would be extended in an Iraqi court, if applicable.
(4) An assessment of the protections accorded by the
agreement to third country nationals who carry out work for
the United States Armed Forces.
(5) 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.
(6) A description and discussion of any security
commitment, arrangement, or assurance by 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.
(7) 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.
(8) 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.
(9) An assessment of any other provisions in the agreement
that would restrict the performance of the mission of United
States military personnel, civilian personnel, and contractor
personnel of contracts awarded by any department or agency of
the United States Government.
(10) A discussion of how the agreement or modification to
the agreement was approved by the Government of Iraq, and if
this process was consistent with the Constitution of Iraq.
(11) 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.
(12) A discussion of the extent to which the agreement
applies to other Coalition partners.
(13) 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.--The requirement to submit
the report and updates of the report under subsection (a)
terminates on September 30, 2013.

SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVINCIAL
RECONSTRUCTION TEAMS IN IRAQ.

(a) In General.--The President shall--
(1) establish a strategy to ensure that United States-led
Provincial Reconstruction Teams (PRTs), including embedded
PRTs and Provincial Support Teams, in Iraq are supporting the
operational and strategic goals of Coalition Forces in Iraq;
and
(2) establish measures of effectiveness and performance in
meeting PRT-specific work plans with clearly defined
objectives in furtherance of the strategy required under
paragraph (1).
(b) Report.--

[[Page H4716]]

(1) In general.--Not later than 60 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) and an assessment of the specific
contributions PRTs are making in supporting the operational
and strategic goals of Coalition Forces in Iraq. The initial
report required under this subsection should include a
description of the strategy and a general discussion of the
measures of effectiveness and performance required under
subsection (a).
(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).
(c) 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 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) Limitation on Amounts for Iraq for Fiscal Year 2009.--
Such section is further amended by adding at the end the
following:
``(f) Limitation on Amounts for Iraq for Fiscal Year
2009.--
``(1) Limitation.--The amount obligated and expended under
this section for the Commanders' Emergency Response Program
in Iraq for fiscal year 2009 may not exceed twice the amount
obligated by the Government of Iraq during calendar year 2008
under the Government of Iraq Commanders' Emergency Response
Program (commonly known as `I-CERP'), as established pursuant
to the Memorandum of Understanding Between the Supreme
Reconstruction Council of the Secretariat of Ministers and
the Multi-National Force-Iraq Concerning Implementation of
the Government of Iraq Commanders' Emergency Response Program
(I-CERP), signed by the parties on March 25, 2008, and April
3, 2008, respectively.
``(2) Waiver.--The Secretary of Defense may waive the
limitation under paragraph (1) if the Secretary of Defense--
``(A) determines that such a waiver is required to meet
urgent and compelling needs that would not otherwise be met
and which, if unmet, could rationally be expected to lead to
increased threats to United States military or civilian
personnel; and
``(B) submits in writing to the appropriate congressional
committees a notification of the waiver, together with a
discussion of--
``(i) the unmet urgent and compelling needs and the impact
on the threat level facing United States military or civilian
personnel, if the waiver is not exercised;
``(ii) efforts undertaken by the Department of Defense to
convince the Government of Iraq to provide funds to meet the
urgent and compelling needs and the reason these efforts were
unsuccessful; and
``(iii) efforts of the Department of Defense to convince
the Government of Iraq to provide additional funds in the
future to meet such urgent and compelling needs or to
undertake other measures to meet such needs on their own.
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committees on Armed Services of the House of
Representatives and the Senate; and
``(B) the Committees on Appropriations of the House of
Representatives and the Senate.''.

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)--
(1) shall include 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
(2) shall include 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) Sense of Congress.--It is the sense of Congress that
the command and control structure for military forces
operating in Afghanistan, which consist of North Atlantic
Treaty Organization (NATO) International Security Assistance
Force (ISAF) forces and separate United States forces
operating under Operation Enduring Freedom, should be
modified to better coordinate and de-conflict military
operations and achieve unity of command and unity of effort
whenever possible in Afghanistan.
(b) Report Required.--
(1) In general.--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.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) 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.
(B) A comprehensive assessment of options for improving the
command and control structure for military forces operating
in Afghanistan, including--
(i) the establishment by the United States Central Command
of a United States headquarters in Kabul, Afghanistan, led by
a commander holding the grade of lieutenant general, or in
the case of the Navy, vice admiral, and charged with--

(I) leading United States Armed Forces operating under
Operation Enduring Freedom;
(II) leading country-wide Department of Defense-led
initiatives; and
(III) closely coordinating efforts with NATO ISAF forces,
the United States Embassy in Afghanistan, and other United
States and international elements in Afghanistan; and

(ii) authorization for the highest-ranking United States
commander of NATO ISAF forces to have additional command
authority over separate United States forces operating under
Operation Enduring Freedom.
(C) A detailed description of any United States or NATO
ISAF plan or strategy for improving the command and control
structure for military forces operating in Afghanistan.
(D) 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.
(E) An assessment of how possible modifications to the
command and control structure for military forces operating
in Afghanistan would impact coordination of military and
civilian efforts in Afghanistan.
(3) Form.--The report required under paragraph (1) shall be
submitted in an unclassified form, but may include a
classified annex, if necessary.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.

SEC. 1217. REPORT ON ENHANCING SECURITY AND STABILITY IN THE
REGION ALONG THE BORDER OF AFGHANISTAN AND
PAKISTAN.

(a) Report 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 by striking
paragraph (5).
(b) Notification Relating to Department of Defense
Coalition Support Funds for Pakistan.--Subsection (b)(1)(A)
of such section is amended by striking ``congressional
defense committees'' and inserting ``appropriate
congressional committees''.
(c) Appropriate Congressional Committees Defined.--Such
section is further amended by adding at the end the
following:
``(c) 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. 1218. STUDY AND REPORT ON IRAQI POLICE TRAINING TEAMS.

(a) Study.--Not later than 60 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 advisors needed to sufficiently staff
enough Iraqi police training teams to cover a majority of the
approximately 1,100

[[Page H4717]]

Iraqi police stations in fiscal year 2009 and estimated
levels in fiscal year 2010;
(2) the funding required to staff the Iraqi police training
teams in fiscal year 2009 and estimated levels in fiscal year
2010; and
(3) the feasibility of transferring responsibility for the
program to staff and support the Iraqi police training teams
from the Department of Defense to the Department of State.
(b) Appropriate Congressional Committees.--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. 1221. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL
COOPERATION PROGRAMS.

(a) In General.--Section 1051 of title 10, United States
Code, is amended--
(1) in the heading, by striking ``Bilateral or regional''
and inserting ``Bilateral, multilateral, or regional'';
(2) in subsection (a), by striking ``bilateral or
regional'' and inserting ``bilateral, multilateral, or
regional'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``to and within'' and inserting ``to, from,
and within''; and
(ii) by striking ``bilateral or regional'' and inserting
``bilateral, multilateral, or regional''; and
(B) in paragraph (2), by striking ``bilateral or regional''
and inserting ``bilateral, multilateral, or regional''; and
(4) by adding at the end the following:
``(e) Funds available under this section for fiscal year
2009 and subsequent fiscal years may be used for programs
that begin in such fiscal year but end in the next fiscal
year.''.
(b) 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:

``1051. Bilateral, multilateral, or regional cooperation programs:
payment of personnel expenses.''.

SEC. 1222. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO
PARTICIPATE IN MULTINATIONAL MILITARY CENTERS
OF EXCELLENCE.

(a) Extension of Authority.--Subsection (a) of section 1205
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2416), as
amended by section 1204 of Public Law 110-181 (122 Stat.
365), is further amended by striking ``fiscal years 2007 and
2008'' and inserting ``fiscal years 2007, 2008, and 2009''.
(b) Limitation on Amounts Available for Participation.--
Subsection (e)(2) of such section is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) in fiscal year 2009, $5,000,000.''.
(c) Reports.--Subsection (g)(1) of such section is
amended--
(1) by striking ``and October 31, 2008,'' and inserting
``October 31, 2008, and October 31, 2009,''; and
(2) by striking ``fiscal years 2007 and 2008'' and
inserting ``fiscal years 2007, 2008, and 2009''.

SEC. 1223. STUDY OF LIMITATION ON CLASSIFIED CONTRACTS WITH
FOREIGN COMPANIES ENGAGED IN SPACE BUSINESS
WITH CHINA.

(a) Limitation.--
(1) In general.--Subject to subsection (b), no funds
appropriated pursuant to an authorization of appropriations
in 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 under one or more contracts for
classified work between the Department of Defense and a
foreign-owned company if that company, or any parent, sister,
subsidiary, or affiliate of that company, is engaged with
China in the development, manufacture, or launch of ITAR-free
satellites.
(2) Exception.--Paragraph (1) does not apply to a foreign-
owned company if the Secretary of Defense, in consultation
with the Secretary of State, submits to Congress a
certification that--
(A) no satellite or space launch vehicle technology,
technical information, or intellectual property gained by the
foreign-owned company through the contracts for classified
work referred to in paragraph (1) is being disclosed
(intentionally or unintentionally) in a manner that may
improve China's satellite, rocket, or missile capabilities;
and
(B) it is in the national security interests of the
Department to continue to enter into contracts for classified
work with the foreign-owned company.
(b) Study and Suspension of Limitation.--
(1) Study.--The Secretary of Defense shall conduct a study
of the implications of imposing a limitation such as the
limitation in subsection (a) and shall provide the study to
the congressional defense committees not later than 60 days
after the date of the enactment of this Act.
(2) Suspension of limitation.--The Secretary shall suspend
the application of the limitation in subsection (a) until--
(A) the Secretary has completed the study required by
paragraph (1);
(B) the Secretary has determined, as a result of the study,
that applying the limitation in subsection (a) promotes the
national interest; and
(C) the Secretary has submitted to the Committees on Armed
Services of the Senate and House of Representatives a report
on the results of the study, including the rationale for the
determination described in subparagraph (B).
(c) Definitions.--In this section:
(1) The term ``ITAR-free satellite'' applies to a satellite
if no component of the satellite and no technical information
relating to the satellite is subject to export controls
specified in the International Traffic in Arms Regulations.
(2) The term ``International Traffic in Arms Regulations''
means those regulations contained in parts 120 through 130 of
title 22, Code of Federal Regulations (or successor
regulations).

SEC. 1224. SENSE OF CONGRESS AND CONGRESSIONAL BRIEFINGS ON
READINESS OF THE ARMED FORCES AND REPORT ON
NUCLEAR WEAPONS CAPABILITIES OF IRAN.

(a) Sense of Congress.--It is the sense of Congress that
the Department of Defense should return the Armed Forces to a
state of full readiness so that they are fully prepared to
execute the National Military Strategy, including the full
range of contingencies that could occur in the Middle East
region.
(b) Requirement for Briefings.--Not later than 90 days
after the date of the enactment of this Act, and every 180
days thereafter until July 1, 2010, the Secretary of Defense
shall provide for briefings for the Committees on Armed
Services of the Senate and the House of Representatives on
matters pertaining to the preparation for contingencies
described in subsection (a), including a comprehensive
description of the information used in the preparation of
contingency plans relating to the military and nuclear
capabilities of countries in the Middle East that are part of
the Central Command Area of Responsibility.
(c) Report on Nuclear Weapons Capabilities of Iran.--
(1) Report requirement.--Not later than March 1 each year,
the Secretary of Defense shall submit a report to the
congressional defense committees, in both classified and
unclassified form, on the elements identified in paragraph
(2) addressing the current and future nuclear weapons
capabilities of the Islamic Republic of Iran.
(2) Elements.--The elements that shall be included in the
report, at a minimum, include--
(A) locations, types, and number of centrifuges that the
Islamic Republic of Iran has installed and in operation to
enrich uranium at the Natanz facility and any other facility
to enrich uranium;
(B) locations, types, and number of centrifuges that the
Islamic Republic of Iran plans to install and operate at the
Natanz facility and any other facility to enrich uranium,
estimated by time periods of near, mid, and far-term epochs;
(C) number of nuclear weapons that could be made from the
enriched uranium that the Islamic Republic of Iran has
produced to date and is anticipated to produce, estimated by
time periods of near, mid, and far-term epochs;
(D) number of nuclear weapons that could be made from the
plutonium produced by the Bushehr nuclear reactor and any
other nuclear reactor in the Islamic Republic of Iran to
date, and number of weapons that could be made in the future,
estimated by time periods of near, mid, and far-term epochs;
(E) a description of the safeguard and security measures in
place at the Bushehr nuclear reactor and at any other nuclear
reactor in the Islamic Republic of Iran to prevent Iran from
reprocessing spent plutonium;
(F) a description of weaponization activities, such as the
design, development, or test of nuclear weapon or weapon
related-components, estimated by time periods of near, mid,
and far-term epochs;
(G) numbers, types, and performance of systems which could
provide a means to deliver a nuclear warhead, estimated by
time periods of near, mid, and far-term epochs; and
(H) a summary of assessments of other key nations, such as
Israel and France, of the Islamic Republic of Iran's nuclear
program, capabilities, and timelines for acquiring nuclear
weapons capabilities, and their judgment of the threat.
(3) Notification.--The Secretary of Defense shall provide
the congressional defense committees with written
notification within 15 days of assessing that the Islamic
Republic of Iran produces enough enriched uranium or
plutonium for a nuclear weapon.
(4) Definition.--In this subsection, the term ``nuclear
weapons capabilities'' means the nuclear material,
weaponization activities, and delivery system.

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),
as amended by section 1303 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 412).
(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

[[Page H4718]]

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 $445,135,000
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,
$70,286,000.
(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 (9) of subsection
(a) until 30 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 (9) 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 (9) of subsection
(a) in excess of the specific amount authorized for such
purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Subtitle B--National Defense Stockpile

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

Subtitle C--Armed Forces Retirement Home

Sec. 1421. Armed Forces Retirement Home.

Subtitle D--Inapplicability of Executive Order 13457

Sec. 1431. Inapplicability of Executive Order 13457.

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 $1,401,553,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2009 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of
$24,746,172,000, of which--
(1) $24,259,029,000 is for Operation and Maintenance;
(2) $198,738,000 is for Research, Development, Test, and
Evaluation; and
(3) $288,405,000 is for Procurement.
(b) Transfer From National Defense Stockpile Transaction
Fund To Support Defense Health Program.--Of the total amount
specified in subsection (a), up to $1,300,000,000 shall be
derived, to the extent specifically provided in advance in an
appropriations Act for fiscal year 2009, by transfer from the
unobligated balances of the National Defense Stockpile
Transaction Fund.

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.

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 ``$1,476,000,000 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. ARMED FORCES RETIREMENT HOME.

There is authorized to be appropriated for fiscal year 2009
from the Armed Forces Retirement Home Trust Fund the sum of
$63,010,000 for the operation of the Armed Forces Retirement
Home.

Subtitle D--Inapplicability of Executive Order 13457

SEC. 1431. INAPPLICABILITY OF EXECUTIVE ORDER 13457.

Executive Order 13457, and any successor to that Executive
Order, shall not apply to this Act or to the Joint
Explanatory Statement submitted by the Committee of
Conference for the conference report to accompany this Act or
to H. Rept. ___ or S. Rept. ___.

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

[[Page H4719]]

Sec. 1511. Other Department of Defense programs.
Sec. 1512. Iraq Security Forces Fund.
Sec. 1513. Afghanistan Security Forces Fund.
Sec. 1514. Military personnel.
Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund.
Sec. 1516. Special transfer authority.
Sec. 1517. Treatment as additional authorizations.

SEC. 1501. PURPOSE.

The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2009 to provide
additional funds for Operation Iraqi Freedom and Operation
Enduring Freedom.

SEC. 1502. ARMY PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement accounts of the Army in amounts as
follows:
(1) For aircraft procurement, $84,000,000.
(2) For weapons and tracked combat vehicles procurement,
$822,674,000.
(3) For ammunition procurement, $46,500,000.
(4) For other procurement, $1,255,050,000.

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2009 for other procurement for the Navy in
the amount of $476,248,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2009 for the procurement account
for the Marine Corps in the amount of $565,425,000.

SEC. 1504. AIR FORCE PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for procurement accounts for the Air Force in
amounts as follows:
(1) For aircraft procurement, $4,624,842,000.
(2) For other procurement, $1,500,644,000.

SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for the procurement account for Defense-wide in the
amount of $177,237,000.

SEC. 1506. RAPID ACQUISITION FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for Rapid Acquisition Fund in the amount of
$102,000,000.

SEC. 1507. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Authorization of Appropriations.--Funds are hereby
authorized for fiscal year 2009 for the Joint Improvised
Explosive Device Defeat Fund in the amount of $2,496,300,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2439) shall apply to the funds appropriated
pursuant to the authorization of appropriations in subsection
(a).
(c) Revision of Management Plan.--The Secretary of Defense
shall revise the management plan required by section 1514(d)
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 to identify projected transfers and
obligations through September 30, 2009.
(d) Funds for Additional ARMS Platforms.--Of the funds
appropriated pursuant to the authorization of appropriations
in subsection (a), $50,000,000 shall be made available for
the rapid fielding of additional Aerial Reconnaissance Multi-
Sensor (ARMS) platforms for tactical operations in Operation
Iraqi Freedom and Operation Enduring Freedom.

SEC. 1508. LIMITATION ON OBLIGATION OF FUNDS FOR THE JOINT
IMPROVISED EXPLOSIVE DEVICES DEFEAT
ORGANIZATION PENDING NOTIFICATION TO CONGRESS.

(a) Limitation.--Of the amounts appropriated pursuant to
each of the authorizations of appropriations described in
subsection (b) for research, development, test, and
evaluation for the Joint Improvised Explosive Devices Defeat
Organization (in this section referred to as ``JIEDDO''), not
more than 50 percent of the amounts remaining unobligated as
of the date of the enactment of this Act may be obligated
until JIEDDO submits to the congressional defense committees
a report describing the investment strategy of JIEDDO for
science and technology.
(b) Covered Authorizations of Appropriations.--
(1) Scope of limitation.--The limitation contained in
subsection (a) applies with respect to amounts appropriated
pursuant to the authorizations of appropriations specified in
paragraph (2) for all science and technology efforts within
the account for research, development, test, and evaluation
for JIEDDO applied to efforts of Technology Readiness Level 5
or lower.
(2) Authorizations.--Paragraph (1) applies to--
(A) the authorization of appropriations in section 1507 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 425); and
(B) the authorization of appropriations in section 1508 of
this Act.

SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

SEC. 1510. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $37,363,243,000.
(2) For the Navy, $3,500,000,000
(3) For the Marine Corps, $2,900,000,000.
(4) For the Air Force, $5,000,000,000.
(5) For Defense-wide activities, $2,648,569,000.
(6) For the Army Reserve, $79,291,000.
(7) For the Navy Reserve, $42,490,000.
(8) For the Marine Corps Reserve, $47,076,000.
(9) For the Air Force Reserve, $12,376,000.
(10) For the Army National Guard, $333,540,000.
(11) For the Air National Guard, $52,667,000.

SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

(a) Defense Health Program.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year
2009 for expenses, not otherwise provided for, for the
Defense Health Program in the amount of $1,100,000,000 for
operation and maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-
Wide.--Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2009 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide in the amount of $188,000,000.

SEC. 1512. IRAQ SECURITY FORCES FUND.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2009 for the
Iraq Security Forces Fund in the amount of $1,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds appropriated pursuant to subsection
(a) shall be available to the Secretary of Defense for the
purpose of allowing the Commander, Multi-National Security
Transition Command-Iraq, to provide assistance to the
security forces of Iraq.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure
repair, and funding.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The
authority to provide assistance under this section is in
addition to any other authority to provide assistance to
foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Iraq Security Forces Fund to any of
the following accounts and funds of the Department of Defense
to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid account.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that
all or part of the funds transferred from the Iraq Security
Forces Fund under paragraph (1) are not necessary for the
purpose provided, such funds may be transferred back to the
Iraq Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1)
shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.
(e) Prior Notice of Obligation or Transfer of Funds.--Funds
may not be obligated from the Iraq Security Forces Fund, or
transferred under the authority provided in subsection
(d)(1), until five days after the date on which the Secretary
of Defense notifies the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives,
in writing, of the details of the proposed obligation or
transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Iraq Security Forces Fund for
the purposes provided in subsection (b) from any person,
foreign government, or international organization. Any
amounts so accepted shall be credited to the Iraq Security
Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional committees referred to in subsection (e), in
writing, upon the acceptance, and upon the transfer under
subsection (d), of any contribution under this subsection.
Such notice shall specify the source and amount of any amount
so accepted and the use of any amount so accepted.
(g) Prohibition Related to Facilities.--
(1) Prohibition.--Funds may not be obligated from the Iraq
Security Forces Fund, or transferred under the authority
provided in subsection (d)(1), for the acquisition,
conversion, rehabilitation, or installation of facilities.
(2) Exceptions.--Nothing in this section shall be construed
as to forbid--
(A) the provision of technical assistance necessary to
assist the Government of Iraq to carry out the acquisition,
conversion, rehabilitation, or installation of facilities on
its own behalf; or
(B) the acquisition, conversion, rehabilitation, or
installation of facilities utilizing amounts

[[Page H4720]]

contributed to the Iraq Security Forces Fund under subsection
(f) by the Government of Iraq or another foreign country.
(h) Quarterly Reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Secretary of Defense
shall submit to the congressional committees referred to in
subsection (e) a report summarizing the details of any
obligation or transfer of funds from the Iraq Security Forces
Fund during such fiscal-year quarter.
(i) Duration of Authority.--Amounts authorized to be
appropriated or contributed to the Iraq Security Forces Fund
during fiscal year 2009 are available for obligation or
transfer from the Iraq Security Forces Fund in accordance
with this section until September 30, 2010.

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

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

SEC. 1514. MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2009 a total of $1,194,000,000.

SEC. 1515. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

The Secretary of Defense may use the transfer authority
provided by section 1516 to transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2009 from such authorizations to
the Mine Resistant Ambush Protected Vehicle Fund in the total
amount of $2,610,000,000.

SEC. 1516. SPECIAL TRANSFER AUTHORITY.

SEC. 1517. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

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

TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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.

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.

[[Page H4721]]

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), subject to
paragraph (2) of this subsection 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 under paragraph (3).
``(2) Pre-notification requirement.--The President may not
furnish assistance pursuant to paragraph (1) until five days
(excepting Saturdays, Sundays, and legal public holidays)
after the requirements under section 614(a)(3) of this Act
are carried out.
``(3) Funds.--The funds referred to in paragraph (1) are
funds made available under any other provision of law and
under other provisions 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.
``(b) Limitation.--The authority contained in this section
may be exercised only during fiscal years 2008, 2009, and
2010, except that the authority may not be exercised to
furnish more than $100,000,000 in any such fiscal year.''.

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) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of State such
sums as may be necessary for fiscal years 2007 through 2010
for the Office and to support, educate, train, maintain, and
deploy a Response Readiness Corps and a Civilian Reserve
Corps.
``(d) 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

[[Page H4722]]

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 XXVI 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.

TITLE XXI--ARMY

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
Alaska........................... Fort Richardson..... $15,000,000
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 $9,000,000
Area.
Schofield Barracks.. $279,000,000
Wahiawa............. $40,000,000
Kansas........................... Fort Leavenworth.... $4,200,000
Fort Riley.......... $158,000,000
Kentucky......................... Fort Campbell....... $108,113,000
Louisiana........................ Fort Polk........... $29,000,000
Missouri......................... Fort Leonard Wood... $33,850,000
New Jersey....................... Picatinny Arsenal... $9,900,000
New York......................... Fort Drum........... $96,900,000
USMA, West Point.... $67,000,000
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 Depot $15,000,000
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 Depot $6,900,000
Virginia......................... Fort Belvoir........ $7,200,000
Fort Eustis......... $18,300,000
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 $6,008,226,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $4,062,763,000.
(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, $175,823,000.
(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, $7,500,000.

[[Page H4723]]

(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, $7,500,000.
(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) $59,500,000 (the balance of the amount authorized under
section 2101(b) for the construction of a headquarters
element in 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
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii.............................. Pohakuloa.............. Tactical Vehicle Wash Facility.. $9,207,000
Battle Area Complex............. $33,660,000
Virginia............................ Fort Belvoir........... Defense Access Road............. $18,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2005 PROJECT.

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

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

TITLE XXII--NAVY

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.
Naval Station, San $51,220,000
Diego.
Marine Corps Base, $155,310,000
Twentynine Palms.
Connecticut...................... Naval Submarine $46,060,000
Base, Groton.
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 Base $6,130,000
Kings Bay.
Hawaii........................... Pacific Missile $28,900,000
Range, Barking
Sands.

[[Page H4724]]

Marine Corps Base, $28,200,000
Hawaii.
Naval Station, Pearl $80,290,000
Harbor.
Illinois......................... Recruit Training $62,940,000
Command, Great
Lakes.
Maine............................ Naval Shipyard $9,980,000
Portsmouth.
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.
New Jersey....................... Naval Air Warfare $15,440,000
Center, Lakehurst.
North Carolina................... Marine Corps Air $77,420,000
Station, Cherry
Point.
Marine Corps Air $86,280,000
Station, New River.
Marine Corps Base, $353,090,000
Camp Lejeune.
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 Recruit $64,750,000
Depot, Parris
Island.
Texas............................ Naval Air Station $3,500,000
Corpus Christi.
Naval Air Station $11,580,000
Kingsville.
Virginia......................... Marine Corps Base, $150,290,000
Quantico.
Naval Station, $73,280,000
Norfolk.
Washington....................... Naval Air Station $6,160,000
Whidbey Island.
Naval Base Kitsap... $5,110,000
------------------------------------------------------------------------

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

Navy: Outside the United States
------------------------------------------------------------------------
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 $94,020,000
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...................... $62,598.000
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 $3,996,449,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,518,152,000.
(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),
$94,020,000.
(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, $247,128,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$382,778,000.
(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

[[Page H4725]]

(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''.

SEC. 2207. REPORT ON IMPACTS OF SURFACE SHIP HOMEPORTING
ALTERNATIVES.

(a) Report Required.--The Secretary of the Navy shall not
issue a record of decision for the proposed action of
homeporting additional surface ships at Naval Station
Mayport, Florida, until at least 30 days after the date on
which the Secretary submits to Congress a report containing
an analysis of the socio-economic impacts and an economic
justification on each location from which a vessel is
proposed to be removed for homeporting at Naval Station
Mayport under the preferred alternative identified in the
final environmental impact statement for the proposed action.
(b) Additional Reporting Requirement.--If the final
environmental impact statement does not contain a preferred
alternative or if the Secretary intends to select an
alternative other than the preferred alternative in the
record of decision, then the Secretary shall submit to
Congress a report (in the case where no preferred alternative
is identified) or an additional report (in the case where the
preferred alternative is not selected) containing an analysis
of the socio-economic impacts and an economic justification
on each location from which a vessel is proposed to be
removed for homeporting at Naval Station Mayport.

TITLE XXIII--AIR FORCE

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.
California...................... Edwards Air Force $9,100,000
Base.
Colorado........................ United States Air $18,000,000
Force Academy.
Delaware........................ Dover Air Force $19,000,000
Base.
Florida......................... 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.
Maryland........................ Andrews Air Force $77,648,000
Base.
Mississippi..................... Columbus Air Force $8,100,000
Base.
Missouri........................ Whiteman Air Force $4,200,000
Base.
Nevada.......................... Creech Air Force $48,500,000
Base.
Nellis Air Force $53,300,000
Base.
New Jersey...................... McGuire Air Force $7,200,000
Base.
New Mexico..................... Cannon Air Force $8,300,000
Base.
Holloman Air Force $25,450,000
Base.
Ohio............................ Wright Patterson $14,000,000
Air Force Base.
Oklahoma........................ Tinker Air Force $54,000,000
Base.
South Carolina.................. Charleston Air $4,500,000
Force Base.
Shaw Air Force Base $9,900,000
Texas........................... 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 Classified............ Classified Location $891,000
Worldwide Unspecified........... Specified Worldwide $52,500,000
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.

[[Page H4726]]

(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, $77,314,000.
(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 Base. Replace Family Housing $43,353,000
(150 units)............
----------------------------------------------------------------------------------------------------------------

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.

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

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

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Subtitle B--Chemical Demilitarization Authorizations

Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

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

Defense Education Activity
------------------------------------------------------------------------
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 Base $13,977,000
------------------------------------------------------------------------

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

National Security Agency
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Maryland.......................... Fort Meade.......... $14,000,000
------------------------------------------------------------------------

Special Operations Command
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California........................ Naval Amphibious $9,800,000
Base, Coronado.
Florida........................... Eglin Air Force Base $40,000,00
Hurlburt Field...... $8,900,000

[[Page H4727]]

MacDill Air Force $10,500,000
Base.
Kentucky.......................... Fort Campbell....... $15,000,000
New Mexico........................ Cannon Air Force $18,100,000
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
Kansas............................ Fort Riley.......... $52,000,000
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 Reservation $38,940,000
------------------------------------------------------------------------

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

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

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
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(3), the Secretary of Defense may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:

Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location Location Amount
------------------------------------------------------------------------
Worldwide Classified.............. Classified Project.. $837,480,000
------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(7), the Secretary of
Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, in the amount of
$80,000,000.

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 $1,510,550,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $767,511,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $95,200,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c),
$101,160,000.
(4) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$28,853,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $133,025,000.
(7) For energy conservation projects authorized by section
2402 of this Act, $80,000,000.
(8) 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.
(9) 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.
(10) 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),
$109,000,000.
(11) 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), (2) and (3) of subsection (a).
(2) $100,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of the United
States Army Medical Research Institute of Infectious Diseases
Stage 1 at Fort Detrick, Maryland).
(3) $80,000,000 (the balance of the amount authorized under
section 2401(c) for the construction of the Ballistic Missile
Defense, European Interceptor Site).
(4) $60,000,000 (the balance of the amount authorized under
section 2401(c) for the construction of the Ballistic Missile
Defense, European Midcourse 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

[[Page H4728]]

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 $134,278,000, 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), $57,218,000.

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 $240,867,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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
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 Area $1,850,000
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........ $4,000,000
Minnesota.......................... Arden Hills.......... $15,000,000
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
South Carolina..................... Anderson............. $12,000,000
Beaufort............. $3,400,000
Eastover............. $28,000,000
Hemingway............ $4,600,000
South Dakota....................... Rapid City........... $29,000,000
Tennessee.......................... Tullahoma............ $10,372,000
Utah............................... Camp Williams........ $17,500,000
Virginia........................... Arlington............ $15,500,000
Fort Pickett......... $2,950,000
Washington......................... Fort Lewis (Gray Army $32,000,000
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
------------------------------------------------------------------------

Army Reserve--Continued
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------

[[Page H4729]]

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 Force $4,000,000
Base.
Connecticut........................ Bradley International $7,200,000
Airport.
Delaware........................... New Castle County $3,200,000
Airport.
Georgia............................ Savannah Combat $7,500,000
Readiness Training
Center.
Indiana............................ Fort Wayne $5,600,000
International
Airport.
Iowa............................... Fort Dodge........... $5,600,000
Maryland........................... Martin State Airport. $7,900,000
Minnesota.......................... Duluth............... $4,500,000
Minneapolis-St. Paul. $1,500,000
New Jersey......................... Atlantic City $8,400,000
International
Airport.
New York........................... Gabreski Airport..... $7,500,000
Hancock Field........ $10,400,000
Ohio............................... Springfield Air $12,800,000
National Guard Base.
South Dakota....................... Joe Foss Field....... $4,500,000
Texas.............................. Ellington Field...... $7,600,000
Fort Worth Naval Air $5,000,000
Station Joint
Reserve Base.
Vermont............................ Burlington $6,600,000
International
Airport.
Washington......................... McChord Air Force $8,600,000
Base.
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
------------------------------------------------------------------------
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,
$628,668,000; 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,
$142,809,000; and
(B) for the Air Force Reserve, $30,018,000.

SEC. 2607. 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 $2,970,000
Range.
Montana............................... Townsend.................. Automated Qualification $2,532,000
Training Range.
Pennsylvania.......................... Philadelphia.............. Stryker Brigade Combat $11,806,000
Team Readiness Center.
Organizational $6,144,930
Maintenance Shop #7.
----------------------------------------------------------------------------------------------------------------

SEC. 2608. 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).
----------------------------------------------------------------------------------------------------------------

[[Page H4730]]

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

Subtitle B--Amendments to Base Closure and Related Laws

Subtitle C--Other Matters

Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
1990.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for base closure
and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 1990 established by section 2906 of such Act, in the
total amount of $393,377,000, as follows:
(1) For the Department of the Army, $72,855,000.
(2) For the Department of the Navy, $178,700,000
(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 $7,138,021,000.

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. REPEAL OF COMMISSION APPROACH FOR DEVELOPMENT OF
RECOMMENDATIONS IN ANY FUTURE ROUND OF BASE
CLOSURES AND REALIGNMENTS.

(a) Repeal of Provisions Related to Defense Base Closure
and Realignment Commission.--Sections 2902, 2903(d), 2912(d),
and 2914 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) are repealed.
(b) Conforming Amendments.--Section 2903 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) in subsection (c)--
(A) in paragraph (1), by striking ``and to the
Commission'';
(B) in paragraph (2), by striking ``and the Commission'';
(C) in paragraph (3)(C), by striking ``the Commission
and'';
(D) in paragraph (5)(A), by striking ``or the Commission'';
and
(E) by striking paragraph (6); and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Commission makes
recommendations under subsection (d), transmit to the
Commission and to the Congress a report containing the
President's approval or disapproval of the Commissions'' and
inserting ``the Secretary makes recommendations under
subsection (c), transmit to the Congress a report containing
the President's approval or disapproval of the Secretary's'';
(B) in paragraphs (2), (4), and (5) and the second sentence
of paragraph (3), by striking ``the Commission'' each place
it appears and inserting ``the Secretary'';
(C) in the first sentence of paragraph (3), by striking
``the Commission, in whole or in part, the President shall
transmit to the Commission and'' and inserting ``the
Secretary, in whole or in part, the President shall transmit
to the''.
(c) Effect of Repeal.--The amendments made by this section
do not affect the validity of the recommendations submitted
by the Defense Base Closure and Realignment Commission in the
2005 or earlier rounds of closures and realignments of
military installations.

SEC. 2712. 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. 2713. 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--
(B) in subsection (a), by striking ``Section 2905A'' and
inserting ``Section 2906A''; and
(C) 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. CONDITIONS ON CLOSURE OF WALTER REED ARMY MEDICAL
HOSPITAL AND RELOCATION OF OPERATIONS TO
NATIONAL NAVAL MEDICAL CENTER AND FORT BELVOIR.

(a) Required Certification.--The Secretary of Defense may
not commence the closure of Walter Reed Army Medical Hospital
or continue with the construction at the National Naval
Medical Center in Bethesda, Maryland, and Fort Belvoir,
Virginia, of replacement facilities beyond the construction
necessary to complete the foundations of the replacement
facilities until--
(1) the Secretary certifies to the congressional defense
committees that each of the conditions imposed by this
section has been satisfied; and
(2) a period of 7 days has expired following the date on
which the certification is received by the committees.
(b) Progress on Design for Replacement Facilities.--
(1) Preparation.--The Secretary of Defense shall replace
the conceptual design prepared for the new National Military
Medical Center at the National Naval Medical Center with a
design for the facility that is certified as at least 90
percent complete by an engineer or architect registered in
the State of Maryland.
(2) Collaborative design process.--The Secretary of Defense
may not delegate the responsibility for the preparation of
the design for

[[Page H4731]]

the National Military Medical Center to the prime contractor
selected for construction of the facility. The design for the
National Military Medical Center shall be prepared through a
collaborative process involving--
(A) personnel of the Department of Defense;
(B) representatives of premier health care facilities in
the United States; and
(C) current and former patients of the military medical
system.
(c) Independent Cost Estimate.--
(1) Preparation.--The Cost Analysis Improvement Group of
the Department of Defense shall prepare an independent cost
estimate of the total cost to be incurred by the United
States to close Walter Reed Army Medical Hospital, design and
construct replacement facilities at the National Naval
Medical Center and Fort Belvoir, and relocate operations to
the replacement facilities. In preparing the cost estimate,
the Cost Analysis Improvement Group shall not consider the
possibility of private funds being obtained to construct the
proposed traumatic brain injury treatment facility at the
National Naval Medical Center.
(2) Submission.--The Secretary of Defense shall submit the
resulting cost estimate to the congressional defense
committees as soon as possible after the date of the
enactment of this Act, but in no case later than the date on
which the Secretary makes the certification under subsection
(a) with regard to compliance with this subsection.
(d) Milestone Schedule.--
(1) Preparation.--The Secretary of Defense shall prepare a
complete milestone schedule for the closure of Walter Reed
Army Medical Hospital, 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
Hospital 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 after
the date of the enactment of this Act, but in no case later
than the date on which the Secretary makes the certification
under subsection (a) with regard to compliance with this
subsection.

SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR
REFINERIES OR NUCLEAR POWER PLANTS.

Not later than October 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
evaluating the feasibility of using military installations
selected for closure under the base closure and realignment
process as locations for the construction of petroleum or
natural gas refineries or nuclear power plants.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Subtitle B--Real Property and Facilities Administration

Subtitle C--Provisions Related to Guam Realignment

Subtitle D--Energy Security

Sec. 2841. Certification of enhanced use leases for energy-related
projects.
Sec. 2842. Annual report on Department of Defense installations energy
management.

Subtitle E--Land Conveyances

Subtitle F--Other Matters

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

SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN
IN DOCUMENTS SUBMITTED AS PART OF PROPOSED
MILITARY CONSTRUCTION PROJECTS.

(a) Definition of Life-Cycle Cost-Effective.--Subsection
(c) of section 2801 of title 10, United States Code, is
amended--
(1) by transferring paragraph (4) to appear as the first
paragraph in the subsection and redesignating such paragraph
as paragraph (1);
(2) by redesignating the subsequent three paragraphs as
paragraphs (2), (4), and (5), respectively; and
(3) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `life-cycle cost-effective', with respect to
a project, product, or measure, means that the sum of the
present values of investment costs, capital costs,
installation costs, energy costs, operating costs,
maintenance costs, and replacement costs, as estimated for
the lifetime of the project, product, or measure, does not
exceed the base case (current or standard) for the practice,
product, or measure.''.
(b) Inclusion.--Section 2802 of such title is amended by
adding at the end the following new subsection:
``(c) In determining the scope of a proposed military
construction project, the Secretary concerned shall submit to
the President such recommendations as the Secretary considers
to be appropriate regarding the incorporation and inclusion
of life-cycle cost-effective practices as an element in the
project documents submitted to Congress in connection with
the budget submitted pursuant to section 1105 of title 31 for
the fiscal year in which a contract is proposed to be awarded
for the project.''.

SEC. 2802. EXTENSION OF AUTHORITY TO USE OPERATION AND
MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
OUTSIDE THE UNITED STATES.

Section 2808(a) 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(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 538), is further amended by striking
``2008'' and inserting ``2009''.

SEC. 2803. 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''.

[[Page H4732]]

SEC. 2804. 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. 2805. LEASE OF MILITARY FAMILY HOUSING TO THE SECRETARY
OF DEFENSE FOR USE AS RESIDENCE.

(a) Lease of Housing Authorized .--Subchapter II of chapter
169 of title 10, United States Code, is amended by adding at
the end the following new section:

``Sec. 2838. Lease of military family housing to the
Secretary of Defense for use as residence

``(a) Lease Authorized.--The Secretary of a military
department may lease military family housing in the National
Capital Region (as such term is defined in section 2674 of
this title) to the person serving as the Secretary of Defense
for the purpose of permitting the person to use the housing
as a personal residence while the person is serving as
Secretary of Defense. In determining the unit of military
family housing to lease under this section, the Secretary of
Defense and the Secretaries of the military departments
should first consider any units then available that are
already substantially equipped for executive communications
and security.
``(b) Rental Rate.--A lease under subsection (a) of a unit
of military family housing shall provide for the payment by
the person serving as the Secretary of Defense of
consideration in an amount equal to the higher of the
following:
``(1) 105 percent of the monthly rate for the basic
allowance for housing prescribed under section 403(b) of
title 37 for a member of the armed forces in the pay grade of
O-10, with dependents, assigned to duty at the military
installation on which the housing unit is located.
``(2) The assessed fair market value of the housing unit,
offset by the security and infrastructure savings associated
with housing the lessee on a military installation.
``(c) Treatment of Proceeds.--(1) The Secretary of a
military department shall deposit all money rentals received
pursuant to a lease entered into by that Secretary under this
section into a special account in the Treasury established
for such military department.
``(2) The proceeds deposited into a special account of a
military department pursuant to paragraph (1) shall be
available to the Secretary of that military department, in
such amounts as are provided in advance in appropriation
Acts, for maintenance, protection, alteration, repair,
improvement, or restoration of military housing on the
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. Lease of military family housing to the Secretary of Defense
for use as residence.''.

SEC. 2806. REPEAL OF REPORTING REQUIREMENT IN CONNECTION WITH
INSTALLATION VULNERABILITY ASSESSMENTS.

Section 2859 of title 10, United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).

SEC. 2807. MODIFICATION OF ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.

(a) 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''.
(b) Bonding Requirements for Eligible Entities.--Section
2872 of such title is amended--
(1) by inserting ``(a) Availability of Alternative
Authorities.--'' before ``In addition''; and
(2) by adding at the end the following new subsection:
``(b) Bonding Requirements for Eligible Entities.--The
Secretary concerned shall ensure that an eligible entity that
will acquire or construct housing units or ancillary
supporting facilities under this subchapter is fully bonded
for the construction of the units or facilities by obtaining
payment and performance bonds in an amount not less than 100
percent of the maximum price allowable under the contract for
the overall project.''.
(c) 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
conveyance or lease of property or facilities under this
section permit full and free competition consistent with the
value and nature of the property or facilities involved.''.
(d) 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.''.
(e) Annual Report on Maintenance and Repair to Privatized
General and Flag Officer Quarters.--Section 2884(b) of such
title is amended by adding at the end the following new
paragraph:
``(7) 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 $35,000. For each
housing unit so identified, the report shall also include the
total of such operation, maintenance, and repair costs.''.

SEC. 2808. REPORT ON CAPTURING HOUSING PRIVATIZATION BEST
PRACTICES.

Section 2884(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7) A separate report on best practices for the execution
of housing privatization initiatives, covering the full range
of issues that arise throughout the life of the project, from
the identification of requirements, through construction, to
sustainment of the public private venture following
conclusion of the contract. Issues covered by this reporting
requirement include project oversight requirements,
community, subcontractor, bond holder, and project owner
relations, and such other topics that are identified as
pertinent by the Department of Defense.''.

[[Page H4733]]

Subtitle B--Real Property and Facilities Administration

SEC. 2811. CLARIFICATION OF EXCEPTIONS TO CONGRESSIONAL
REPORTING REQUIREMENTS FOR CERTAIN REAL
PROPERTY TRANSACTIONS.

Section 2662(c) of title 10, United States Code, is
amended--
(1) by striking ``river and harbor projects or flood
control projects'' and inserting ``Army civil works water
resource development projects''; and
(2) by striking ``acquisition specifically authorized in a
Military Construction Authorization Act'' and inserting
``transaction specifically authorized in a Military
Construction Authorization Act or other Act authorizing or
directing activities of the Department of Defense''.

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) Limitation on Duration of Lease.--Subsection (b)(1) of
such section is amended by inserting ``, but not to exceed 50
years,'' after ``longer period''.
(c) 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.''.
(d) 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 $500,000, 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; and
``(v) a determination that the 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.
``(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 agreement reached with the
local municipality on taxation issues and other development
issues related to the proposed project, including payments-
in-lieu-of taxes.
``(iv) A description of the lessee payment required under
this section.''.
(e) Prohibition on Acceptance of In-Kind To Support Certain
MWR Projects.--Subsection (c) of such section is amended by
adding at the end the following new paragraph:
``(5) The Secretary concerned may not accept in-kind
consideration under paragraph (1) with respect to a lease
under this section to support the development of a project
for a nonappropriated fund activity of the Department of
Defense conducted for the morale, welfare, and recreation of
members of the armed forces if the revenues estimated to be
generated from the resulting facility would generally cover
the operating expenses of the facility.''.
(f) 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'';

(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''.
(g) 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 (f)(2) of this section.
(h) 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.

(a) Conveyance of Utility System Infrastructure.--Section
2688 of title 10, United States Code, is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Conveyance of Utility Infrastructure After
Privatization of Utility System.--(1) The Secretary concerned
may convey all right, title, and interest of the United
States, or such lesser estate as the Secretary considers
appropriate, in and to utility system infrastructure under
the jurisdiction of the Secretary to the entity to which a
utility system has been conveyed under subsection (a) if the
infrastructure will be used as part of the utility system.
``(2) In making a conveyance under paragraph (1), the
Secretary concerned may use other than competitive
procedures. As consideration for the conveyance, the
Secretary concerned shall receive an amount equal to the fair
market value of the conveyed utility infrastructure,
determined in the same manner as the consideration the
Secretary could require under subsection (c) for the
conveyance of a utility system under subsection (a).''.
(b) Assistance for Construction, Repair, or Replacement of
Utility Infrastructure.--Subsection (h) of such section is
amended--
(1) in the subsection heading, by striking ``Systems.--''
and inserting ``Systems or Infrastructure.--(1)''; and
(2) by adding at the end the following new paragraph:
``(2) In lieu of carrying out a military construction
project to construct, repair, or replace utility
infrastructure to be used with a utility system conveyed
under subsection (a), the Secretary concerned may provide,
from amounts authorized and appropriated for the project for
fiscal year 2009 or subsequent fiscal years, funds to the
entity to which the utility system has been conveyed for use
by the entity to construct, repair, or replace the utility
infrastructure if the

[[Page H4734]]

infrastructure will be used as part of the utility system. As
consideration for the provision of such funds, the Secretary
may require a reduction in charges for utility services in
the same manner as a reduction in charges may be required
under subsection (c) for the conveyance of a utility system
under subsection (a).''.

SEC. 2814. PERMANENT AUTHORITY TO PURCHASE MUNICIPAL SERVICES
FOR MILITARY INSTALLATIONS IN THE UNITED
STATES.

(a) Permanent Authority.--Chapter 146 of title 10, United
States Code, is amended by inserting after section 2465 the
following new section:

``Sec. 2465a. Contracts for procurement of municipal services
for military installations in the United States

``(a) Contract Authority.--Subject to section 2465 of this
title, the Secretary a military department may enter into a
contract for the procurement of municipal services described
in subsection (b) for a military installation in the United
States under the jurisdiction of the Secretary from a county
or municipal government for the geographic area in which the
installation is located.
``(b) Covered Municipal Services.--Only the following
municipal services may be procured for a military
installation under the authority of this section:
``(1) Refuse collection.
``(2) Refuse disposal.
``(c) Exception From Competitive Procedures.--The Secretary
may enter in a contract under subsection (a) using procedures
other than competitive procedures if--
``(1) the term of the proposed contract does not exceed
five years;
``(2) the Secretary determines that the price for the
municipal services to be provided under the contract is fair
and reasonable and represents the least cost to the Federal
Government; and
``(3) the business case supporting the Secretary's
determination under paragraph (2)--
``(A) describes the availability, benefits, and drawbacks
of alternative sources; and
``(B) establishes that performance by the county or
municipal government will not increase costs to the Federal
government, when compared to the cost of continued
performance by the current provider of the services.
``(d) Limitation on Delegation.--The authority to make the
determination described in subsection (c)(2) may not be
delegated to a level lower than a Deputy Assistant Secretary
for Installations and Environment or another official of the
Department of Defense at an equivalent level.
``(e) Congressional Notification.--The Secretary may not
enter into a contract under subsection (a) for the
procurement of municipal services until the Secretary
notifies the congressional defense committees of the proposed
contract and a period of 14 days elapses from the date the
notification is received by the committees. The notification
shall include a summary of the business case and an
explanation of how the adverse impact, if any, on civilian
employees of the Department will be minimized.
``(f) Guidance.--The Secretary of Defense shall issue
guidance to address the implementation of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2465 the following new item:

``2465a. Contracts for purchase of municipal services for military
installations in the United States.''.
(c) Termination of Pilot Program.--Section 325 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 2461 note) is
repealed. The repeal of such section shall not affect the
terms or validity of any contract entered into before the
date of the enactment of this Act under the pilot program
authorized by such section.

SEC. 2815. 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. 2816. PROTECTING PRIVATE PROPERTY RIGHTS DURING
DEPARTMENT OF DEFENSE LAND ACQUISITIONS.

(a) Protection of Private Property.--The Secretary of
Defense and the Secretaries of the military departments shall
make every reasonable effort to acquire real property
expeditiously by negotiation. Real property offered shall
meet the requirements of Secretary-approved real property
acquisition plans.
(b) Willing Sellers.--The Secretary of Defense or the
Secretary of a military department shall not be precluded
from acquiring real property from willing sellers so long as
the real property offered meet the requirements of Secretary-
approved real property acquisition plans

Subtitle C--Provisions Related to Guam Realignment

SEC. 2821. GUAM DEFENSE POLICY REVIEW INITIATIVE ACCOUNT.

(a) Establishment of Account.--There is established on the
books of the Treasury an account to be known as the ``Guam
Defense Policy Review Initiative 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), to the
extent provided in advance in appropriations Acts, 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, military unaccompanied 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 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) Compliance with wage rate requirements.--Subchapter IV
of chapter 31 of title 40, 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 Guam Defense Policy Review
Initiative Account to the following funds:
(A) The Department of Defense Family Housing Improvement
Fund established by section 2883(a)(1) of title 10, United
States Code.
(B) The Department of Defense Military Unaccompanied
Housing Improvement Fund established by section 2883(a)(2) of
such title.
(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.

[[Page H4735]]

SEC. 2822. SENSE OF CONGRESS REGARDING USE OF SPECIAL PURPOSE
ENTITIES FOR MILITARY HOUSING RELATED TO GUAM
REALIGNMENT.

(a) Nature of Special Purpose Entities.--It is the sense of
Congress that any Special Purpose Entity established to
assist in the provision of military family housing 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) be conducted as joint ventures between Japanese and
United States private firms, except that any military family
housing venture carried out by such a joint venture should be
primarily managed by a United States private firm.
(b) Scope of Activities.--It is the sense of Congress that
funding for such a Special Purpose Entity should not be
limited to only utility improvements and the construction of
military family housing in connection with the realignment of
military installations and the relocation of military
personnel on Guam.
(c) Utility Infrastructure Improvements.--It is the sense
of Congress that funding for such a Special Purpose Entity
should support proposed utility infrastructure improvements
on Guam that incorporate the civilian and military
infrastructure into a single grid to realize and maximize the
effectiveness of the overall utility system.
(d) Military Family Housing.--It is the sense of Congress
that the building requirements imposed for any military
family housing constructed by such a Special Purpose Entity
in connection with the realignment of military installations
and the relocation of military personnel on Guam should be
established by the Department of Defense in accordance with
current building standards that are used with other projects.
(e) Special Purpose Entity Defined.--In this section, the
term ``Special Purpose Entity'' means a wholly independent
entity established for a specific and limited purpose to
facilitate the realignment of military installations and the
relocation of military personnel on Guam.

SEC. 2823. SENSE OF CONGRESS REGARDING FEDERAL ASSISTANCE TO
GUAM.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, in coordination with the
Interagency Group on Insular Areas, 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.
The memorandum of understanding would stipulate the
commitment of Federal agencies to assist the Government of
Guam in carrying out the Guam realignment in a responsible
and consistent manner.
(b) 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. 2824. COMPTROLLER GENERAL REPORT REGARDING INTERAGENCY
REQUIREMENTS RELATED TO GUAM REALIGNMENT.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall submit to Congress 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.
(b) 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. 2825. ENERGY AND ENVIRONMENTAL DESIGN INITIATIVES IN
GUAM MILITARY CONSTRUCTION AND INSTALLATIONS.

(a) Leadership in Energy and Environmental Design
Principles.--With respect to all new military construction
projects on Guam and military housing to be constructed on
Guam related to the realignment of military forces on Guam,
the Secretary of Defense shall require the incorporation of
design criteria promulgated in the Leadership in Energy and
Environmental Design Green Building Rating System, as
developed by the United States Green Building Council, to
achieve not less than the silver standard. This requirement
shall apply regardless of the source of funds for the
project.
(b) Renewable Energy Goal.--The Secretary of Defense shall
establish a goal for the use of renewable energy sources on
all military installations on Guam. 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
containing the plan of the Secretary to achieve the renewable
energy goal. The report shall identify the renewable sources
of energy that will be utilized and describe how the
renewable sources will be utilized and installed at military
installations on Guam.

SEC. 2826. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT
REGARDING GUAM REALIGNMENT.

Not later than 180 days after the date of the enactment of
this Act, the Inspector General of the Department of Defense
shall submit to the congressional defense committees a report
on the efforts of the Inspector General to address potential
waste and fraud associated with the realignment of military
forces on Guam.

SEC. 2827. 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. 2828. PREVAILING WAGE APPLICABLE TO GUAM.

(a) In General.--Subchapter I of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2816. Application of prevailing wage for construction
on Guam

``Subchapter IV of chapter 31 of title 40, United States
Code, shall apply to any military construction authorized
under this chapter of any facilities on Guam. In order to
carry out the requirements of this section, the Secretary of
Labor shall have the authority and functions set forth in
Reorganization Plan Number 14 of 1950 and section 3145 of
title 40, United States Code.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``2816. Application of prevailing wage for construction on Guam.''.

Subtitle D--Energy Security

SEC. 2841. 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 lease is consistent with
the Department of Defense performance goals and plan required
by section 2911 of this title.''.

SEC. 2842. 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.''.

Subtitle E--Land Conveyances

SEC. 2851. LAND CONVEYANCE, FORMER NAVAL AIR STATION,
ALAMEDA, CALIFORNIA.

(a) Conveyance Required.--The Secretary of the Navy shall
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 Options.--As consideration for the
conveyance of the NAS Property under subsection (a), the
Secretary of the Navy and the redevelopment authority shall
agree upon one of the following options:
(1) Not later than nine months after the date of the
enactment of this Act, the redevelopment authority shall
accept the consideration terms described in the document
negotiated between the redevelopment authority and the
Secretary of the Navy known as the draft ``Summary of
Acquisition Terms and Conditions'' and dated September 18,
2006, as such language may be amended, with value to be
determined for the portion of the NAS Property known as
Parcel 3, and subsequently make payments to the Secretary in
accordance with such document.
(2)(A) The redevelopment authority shall ensure that the
entity that acquires title to the NAS Property for
development (in this paragraph referred to as the
``development entity'') submits to the Secretary of the Navy
a down payment of $10,000,000 dollars at the time the initial
portion of the NAS Property is conveyed to the development
entity.
(B) In addition, the redevelopment entity shall submit to
the Secretary 12 percent of all

[[Page H4736]]

gross residential and commercial building sales to the first
bona-fide, arms-length third-party buyer, whether as new
construction or the sale of rehabilitated existing
structures. In the event that the development entity
transfers all or any portion of the NAS Property to a third
party, including any subsidiaries, before the completion of
new or rehabilitated construction, the development entity
shall satisfy the payment requirement as prescribed in this
paragraph at such time as the NAS Property is conveyed to a
bona-fide, arms-length third-party buyer. This obligation
shall not apply to the sale of any buildings on land held in
the public trust by the State of California or sales of land
or buildings for the purposes of constructing or otherwise
providing affordable housing, as determined by the Secretary.
(3)(A) The redevelopment authority shall submit 80 percent
of the gross proceeds received by the redevelopment authority
from the redevelopment authority's competitive solicitation
of any portion of the NAS Property not encumbered by the
public trust.
(B) To comply with this paragraph, the redevelopment
authority shall--
(i) prepare, for review and approval by the Secretary of
the Navy, commercially reasonable solicitation materials
consisting of a request for qualifications and a request for
proposals for the conveyance or lease of the NAS Property, as
appropriate, in accordance with established contract
principles, and such approval by the Secretary shall not be
unreasonably withheld; and
(ii) pay to the Secretary the required share of monies
received by the redevelopment authority by reason of any
contract or agreement executed as a result of the
solicitation.
(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) Remediation.--The Secretary of the Navy shall, to the
extent practicable, remediate the NAS Property to the
standard included by the Secretary and the redevelopment
authority in the document referred to in subsection (c)(1).
(f) 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.).
(g) 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.
(h) 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.
(i) 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).
(j) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under subsections (a) as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 2852. LAND CONVEYANCE, NORWALK DEFENSE FUEL SUPPLY
POINT, NORWALK, CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the City of Norwalk,
California (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of approximately 10 acres of the Norwalk Defense
Fuel Supply Point in Norwalk, California, for the purpose of
permitting the City to utilize the property for recreational
purposes as an addition to the adjacent Holifield Park. In
connection with the conveyance, the Secretary may make a
payment to the City to assist the City in making municipal
upgrades in the vicinity of the Norwalk Defense Fuel Supply
Point.
(b) Environmental Remediation.--The Secretary shall manage
and carry out environmental remediation activities with
respect to the property to be conveyed under subsection (a)
that, at a minimum, achieve the standard sufficient to allow
the property to be used for the purposes specified in such
subsection. The Secretary shall endeavor to enter into an
agreement with the holder of an easement on the property to
ensure that the easement holder participates in the
remediation of the property.
(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) 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) 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. 2853. LAND CONVEYANCE, FORMER NAVAL STATION, TREASURE
ISLAND, CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Navy shall
convey to the redevelopment authority for former Naval
Station, Treasure Island, California (in this section
referred to as the ``redevelopment authority''), all right,
title, and interest of the United States in and to a parcel
of real property consisting of those portions of the former
Naval Station still retained by the Navy as of the date of
the enactment of this Act and personal property and related
utilities and improvements thereon.
(b) Consideration.--As consideration for the conveyance of
the property under subsection (a), the Secretary and the
redevelopment authority shall agree upon at least one of the
following options:
(1) Subject to subsection (c), the redevelopment authority
shall assume the remaining obligations of the Department of
Defense to address releases or threatened releases of
hazardous substances and petroleum and its constituents, to
the extent necessary to obtain regulatory closure from
relevant California and Federal environmental regulatory
agencies, including a CERCLA covenant deferral by the
Governor of the State of California.
(2) The redevelopment authority shall pay the United States
a share of the gross revenues that the redevelopment
authority receives from third-party buyers or lessees from
sales and long-term leases of the conveyed property.
(c) Environmental Remediation Exceptions.--Under the
consideration option provided by subsection (b)(1), the
redevelopment authority shall not be required to accept any
responsibility for--
(1) ordnance, explosives, munitions or similar devices or
materials located on the conveyed property;
(2) radiological materials located on the conveyed
property, where those materials were not identified before
the conveyance under subsection (a) and were authorized to
remain in place subject to the establishment of institutional
controls enforced by a covenant with the California
Department of Toxic Substances Control and deed restrictions
to the property recipient;
(3) chemical or biological weapons or constituents thereof
located on the conveyed property; and
(4) releases of hazardous substances and petroleum and its
constituents located on the conveyed property, if the release
of the hazardous substances or petroleum and its constituents
was not discovered at the time of the conveyance and the
costs of remediation of such unknown releases is not covered
by environmental insurance procured by or benefitting the
redevelopment authority.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the
redevelopment authority 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, appraisal costs, and
other costs related to the conveyance. If amounts are
collected from the redevelopment authority 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 redevelopment authority.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a),
and not refunded under such paragraph, shall be--
(A) counted toward the consideration otherwise required
from the redevelopment authority under subsection (b); and
(B) credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance.
(3) Use of amounts received.--Amounts credited to a fund or
account under paragraph (2)(B) shall be merged with amounts
in the 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.

[[Page H4737]]

(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
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsections (a) as the Secretary
considers appropriate to protect the interests of the United
States, so long as such additional terms and conditions do
not materially change the terms and conditions of this
section, including the consideration to be provided the
United States under subsection (b).

SEC. 2854. CONDITION ON LEASE INVOLVING NAVAL AIR STATION,
BARBERS POINT, HAWAII.

As a condition of any lease executed by the Secretary of
the Navy pursuant to section 2843 of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2482) with Ford Island
Properties/Hunt Development involving the former Naval Air
Station, Barbers Point, Hawaii, the Secretary of the Navy
shall require that Ford Island Properties/Hunt Development
enter into a memorandum of understanding with the Hawaii
Community Development Authority to ensure that the
development plan for the real property covered by the lease
conforms with the final Kalaeloa Master Plan and appropriate
land use controls of the Hawaii Community Development
Authority.

SEC. 2855. 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
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. 2856. 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, if the State agrees to use such real
property as a public firing range and for associated
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. 2857. LAND CONVEYANCE, BUREAU OF LAND MANAGEMENT LAND,
CAMP WILLIAMS, UTAH.

(a) Conveyance Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the
Interior, acting through the Bureau of Land Management, shall
convey, without consideration, to the State of Utah all
right, title, and interest of the United States in and to
certain lands comprising approximately 431 acres, as
generally depicted on a map entitled ``Proposed Camp Williams
Land Transfer'' and dated March 7, 2008, which are located
within the boundaries of the public lands currently withdrawn
for military use by the Utah National Guard and known as Camp
Williams, Utah, for the purpose of permitting the Utah
National Guard to use the conveyed land as provided in
subsection (c).
(b) Revocation of Executive Order.--Executive Order No.
1922 of April 24, 1914, as amended by section 907 of the Camp
W.G. Williams Land Exchange Act of 1989 (title IX of Public
Law 101-628; 104 Stat. 4501), shall be revoked, only insofar
as it affects the lands identified for conveyance to the
State of Utah under subsection (a).
(c) Reversionary Interest.--The lands conveyed to the State
of Utah under subsection (a) shall revert to the United
States if the Secretary of the Interior determines that the
land, or any portion thereof, is sold or attempted to be
sold, or that the land, or any portion thereof, is used for
non-National Guard or non-national defense purposes. Any
determination by the Secretary of the Interior under this
subsection shall be made in consultation with the Secretary
of Defense and the Governor of Utah and on the record after
an opportunity for comment.
(d) Hazardous Materials.--With respect to any portion of
the land conveyed under subsection (a) that the Secretary of
the Interior determines is subject to reversion under
subsection (c), if the Secretary of the Interior also
determines that the portion of the conveyed land contains
hazardous materials, the State of Utah shall pay the United
States an amount equal to the fair market value of that
portion of the land, and the reversionary interest shall not
apply to that portion of the land.

SEC. 2858. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS,
UTAH.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Utah on behalf
of the Utah National Guard (in this section referred to as
the ``State'') all right, title, and interest of the United
States in and to two parcels of real property, including any
improvements thereon, that are located within the boundaries
of Camp Williams, Utah, consist of approximately 608 acres
and 308 acres, respectively, and are identified in the Utah
National Guard master plan as being necessary acquisitions
for future missions of the Utah National Guard.
(b) 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 being used
solely for non-defense, commercial purposes, all right,
title, and interest in and to 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. It is not a violation of the reversionary
interest for the State to lease the property, or any portion
thereof, to private, commercial, or governmental interests if
the lease facilitates the construction and operation of
buildings, facilities, roads, or other infrastructure that
directly supports the defense missions of the Utah National
Guard. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity
for a hearing.
(c) 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

[[Page H4738]]

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.
(d) 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.
(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. 2859. 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 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.--Any segment of
the Potomac Heritage National Scenic Trail along the
perimeter of Fort Belvoir shall be administered by the
Secretary of the Interior, acting through the National Park
Service, and shall be managed by the Secretary of the Army,
by an appropriate local agency, or by any other party
mutually acceptable to the Secretary of the Army and the
National Park Service. A written agreement confirming this
management arrangement shall be co-signed by the parties to
the easement agreement.

Subtitle F--Other Matters

SEC. 2871. 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. 2872. DECONTAMINATION AND USE OF FORMER BOMBARDMENT AREA
ON ISLAND OF CULEBRA.

Section 204 of the Military Construction Authorization Act,
1974 (Public Law 93-166; 87 Stat. 668) is amended by striking
subsection (c).

SEC. 2873. 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.
(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 and construction.--The Director shall use
amounts in the escrow account, including income on
investments, to pay the costs of the design and construction
of a fourth building for the National Museum of the United
States Air Force, including progress payments for such design
and construction, subject to any conditions imposed by the
Air Force Museum Foundation under subsection (a). Amounts in
the account shall be available to the Director, in such
amounts as are provided in advance in appropriations Acts,
until expended.
(2) 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. 2874. ESTABLISHMENT OF MEMORIAL TO AMERICAN RANGERS AT
FORT BELVOIR, VIRGINIA.

(a) Authority To Establish Memorial.--The Secretary of the
Army may permit the American Ranger Memorial Association,
Inc., to establish and maintain, at a suitable location on
Fort Belvoir, Virginia, a national memorial to honor the
sacrifice and service of American Rangers during their almost
four hundred years of existence.
(b) Location and Design.--The actual location and final
design of the memorial authorized by subsection (a) shall be
subject to the approval of the Secretary. In selecting the
location, the Secretary shall seek to maximize visitor access
to the resulting memorial.
(c) Maintenance.--The maintenance of the memorial
authorized by subsection (a) by the American Ranger Memorial
Association, Inc., shall be subject to such conditions
regarding access to the memorial, and such other conditions,
as the Secretary considers appropriate to protect the
interests of the United States.
(d) Limitation on Payment of Expenses.--The United States
Government shall not pay any expense for the establishment or
maintenance of the memorial authorized by subsection (a).

SEC. 2875. 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) Condition on Use of Leased Property.--As a condition on
the lease under subsection (a), the USS Missouri Memorial
Association shall agree to preserve and maintain the USS
Missouri for education purposes, historic preservation, and
community outreach.
(d) Effect of Violation.--If the Secretary determines at
any time that the USS Missouri Memorial Association is not in
compliance with the condition 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. 2876. 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--ADDITIONAL WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS FOR FISCAL YEAR 2008

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:

[[Page H4739]]

North Carolina.................... Fort Bragg.......... $8,500,000
Oklahoma.......................... Fort Sill........... $9,000,000
South Carolina.................... Fort Jackson........ $27,000,000
Texas............................. Fort Bliss.......... $17,300,000
................................ Fort Hood........... $7,200,000
Fort Sam Houston.... $54,000,000
Virginia.......................... Fort Eustis......... $50,000,000
................................ 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
------------------------------------------------------------------------
Afghanistan....................... Various Locations... $54,000,000
Iraq.............................. Baghdad............. $13,000,000
................................ Camp Adder.......... $13,200,000
Camp Ramadi......... $6,200,000
................................ Fallujah............ $5,500,000
------------------------------------------------------------------------

(c) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated on or after the date of the
enactment of this Act for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $440,700,000 as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $367,700,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $67,000,000.
(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
(c)(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
Twentynine Palms... $11,250,000
Florida.......................... Elgin Air Force $780,000
Base.
Mississippi...................... Gulfport........... $6,570,000
North Carolina................... Camp Lejeune....... $27,980,000
Virginia......................... Yorktown........... $8,070,000
------------------------------------------------------------------------

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

(c) Authorization of Appropriations.--Subject to section
2825 of title 10, United States Code, funds are hereby
authorized to be appropriated on or after the date of the
enactment of this Act for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $94,731,000 as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $90,679,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $22,390,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $4,052,000.
(4) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$11,766,000.

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 Jersey....................... McGuire Air Force $6,200,000
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
------------------------------------------------------------------------
Oman............................. Masirah Air Base... $6,300,000
Qatar............................ Al Udeid........... $100,400,000
------------------------------------------------------------------------

(c) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated on or after the date of the
enactment of this Act for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force in the total amount of
$150,927,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $42,800,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $106,700,000.
(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 military construction projects 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
Country Location Amount
------------------------------------------------------------------------
Georgia.......................... Fort Benning....... $350,000,000
Kansas........................... Fort Riley......... $404,000,000
North Carolina................... Camp Lejeune....... $122,000,000
------------------------------------------------------------------------

(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated on or after the date of the
enactment of this Act 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 $956,000,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $876,000,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $80,000,000.

SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2008 ARMY PROJECTS FOR WHICH FUNDS WERE NOT
APPROPRIATED.

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 Bagram Air Base, Afghanistan,
by striking ``$249,600,000'' in the amount column and
inserting ``$195,600,000'';
(2) in the item relating to Camp Adder, Iraq, by striking
``$80,650,000'' in the amount column and inserting
``$75,800,000'';
(3) in the item relating to Camp Anaconda, Iraq, by
striking ``$53,500,000'' in the amount column and inserting
``$10,500,000'';
(4) in the item relating to Camp Victory, Iraq, by striking
``$65,400,000'' in the amount column and inserting
``$60,400,000'';
(5) by striking the item relating to Tikrit, Iraq; and
(6) in the item relating to Camp Speicher, Iraq, by
striking ``$83,900,000'' in the amount column and inserting
``$74,100,000''.

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Subtitle B--Program Authorizations, Restrictions, and Limitations

[[Page H4740]]

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 $9,301,922,000, to be
allocated as follows:
(1) For weapons activities, $6,609,639,000.
(2) For defense nuclear nonproliferation activities,
$1,455,148,000.
(3) For naval reactors, $828,054,000.
(4) For the Office of the Administrator for Nuclear
Security, $409,081,000.
(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 Laboratories, New Mexico, $3,000,000.
Project 08-D-806, Ion Beam Laboratory Refurbishment, Sandia
National Laboratories, New Mexico, $10,014,000.
(2) For naval reactors, the following new plant projects:
Project 09-D-902, Naval Reactor Facilities Production
Support Complex, Naval Reactors Facility, Idaho, $8,300,000.
Project 09-D-190, KAPL Infrastructure Upgrades,
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
$5,317,256,000.

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 $1,321,461,000, of which
$487,008,000 is for construction of the Mixed Oxide Fuel
Fabrication Facility at the Savannah River Site, South
Carolina, and associated program activities and functions.

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 $247,371,000.

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. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE
RUSSIAN PLUTONIUM DISPOSITION PROGRAM.

(a) In General.--The Secretary of Energy may, in
consultation with the Secretary of State, enter into one or
more agreements with any person (including a foreign
government, international organization, or multinational
entity) that the Secretary of Energy considers appropriate,
under which the person contributes funds for the effective
and transparent disposition of excess weapon-grade Russian
plutonium in the Russian Federation, known as the Russian
Plutonium Disposition Program.
(b) Retention and Use of Amounts.--Subject to the
availability of appropriations, the Secretary of Energy may
retain and use amounts contributed under an agreement under
subsection (a) for purposes of the Russian Plutonium
Disposition Program. Amounts so contributed shall be retained
in a separate fund established in the Treasury for such
purposes, subject to the availability of appropriations,
consistent with an agreement under subsection (a).
(c) Return of Amounts Not Used Within 5 Years.--If an
amount contributed under an agreement under subsection (a) is
not used under this section within 5 years after it was
contributed, the Secretary of Energy shall return that amount
to the person who contributed it.
(d) Notice To Appropriate Congressional Committees.--Not
later than 30 days after the receipt of an amount contributed
under subsection (b), the Secretary of Energy shall submit to
the appropriate congressional committees a notice specifying
the purpose and value of the contribution and identifying the
person who contributed it. The Secretary may not use such
amount until 15 days after the notice is submitted.
(e) Annual Report.--Not later than October 31 of each year,
beginning in the fiscal year in which the first contributions
are retained under subsection (b), the Secretary of Energy
shall submit to the appropriate congressional committees a
report on the receipt and use of amounts under this section
during the preceding fiscal year. Each report for a fiscal
year shall set forth--
(1) a statement of any amounts received under this section,
including, for each such amount, the value of the
contribution and the person who contributed it;
(2) a statement of any amounts used under this section,
including, for each such amount, the purposes for which the
amount was used; and
(3) a statement of the amounts retained but not used under
this section including, for each such amount, the purposes
(if known) for which the Secretary intends to use the amount.
(f) Expiration.--The authority to accept, retain, and use
contributions under this section shall expire on December 31,
2013.
(g) 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. 3112. 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 ``No later
than March 1, 2009,''.

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 RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

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

TITLE XXXV--MARITIME ADMINISTRATION

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2009.

Funds are hereby authorized to be appropriated for fiscal
year 2009, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $117,848,000, of which--
(A) $8,150,000 shall remain available until expended for
capital improvements at the United States Merchant Marine
Academy, and
(B) $8,306,000 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).
(4) For assistance to small shipyards and maritime
communities under section 54101 of title 46, United States
Code, $25,000,000.
(5) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $18,000,000.
(6) 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.
(7) 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, $3,531,000.

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 Administer of the Maritime Administration
certifies that--
(1) a compelling need for dismantling, recycling, or
scrapping the vessel exists;

[[Page H4741]]

(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) Certification.--The certification required in
subsection (b) must be provided to the Committee on Armed
Services of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate at least
90 days before any vessel is approved for transport to a
foreign country for purposes of dismantling, recycling, or
scrapping.
(d) 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.

(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
expiration of December 31, 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).
Amend the title so as to read: ``A bill 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.''.
The Acting CHAIRMAN. No amendment to the amendment in the nature of a
substitute is in order except those printed in House Report 110-666 and
amendments en bloc described in section 3 of the resolution.
Each amendment printed in the report shall be offered only in the
order printed in the report (except as specified in section 4 of the
resolution); may be offered only by a Member designated in the report;
shall be considered read; shall be debatable for the time specified in
the report, equally divided and controlled by the proponent and an
opponent; shall not be subject to amendment; and shall not be subject
to a demand for division of the question.

{time} 1345

It shall be in order at any time for the chairman of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered read; shall be debatable for 20 minutes,
equally divided and controlled by the chairman and ranking minority
member or their designees; shall not be subject to amendment; and shall
not be subject to a demand for division of the question.
The original proponent of an amendment included in the amendments en
bloc may insert a statement in the Congressional Record immediately
before disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may recognize for
consideration of any amendment printed in the report out of the order
printed, but not sooner than 30 minutes after the chairman of the
Committee on Armed Services or a designee announces from the floor a
request to that effect.

Amendment No. 1 Offered by Mr. Skelton

The Acting CHAIRMAN. It is now in order to consider amendment No. 1
printed in House Report 110-666.
Mr. SKELTON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 1 offered by Mr. Skelton:
In section 201(1), strike the dollar amount and insert the
following: ``$10,688,695,000''.
In section 201(2), strike the dollar amount and insert the
following: ``$19,764,738,000''.
In section 595(a), strike ``(1) In general.--''.
In section 713(d)(1)(B), strike ``copayments for smoking
cessation services had been waived pursuant to subsection (b)
during that year'' and insert ``if the beneficiary had not
been excluded under subsection (a) from the smoking cessation
program under that subsection''.
In section 714, amend the section heading to read as
follows:

SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

In section 832, page 329, line 12, strike ``438(c)(1)(A)''
and insert ``438(d)(1)''.

[[Page H4742]]

In section 1001(a)(2), in lieu of the blank underscore
after the dollar sign, insert ``4,000,000,000''.
In section 2902, strike subsection (a) and insert the
following new subsection:
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(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...... $19,962,000
China Lake.......... $7,210,000
Point Mugu.......... $7,250,000
San Diego........... $17,930,000
San Diego, Marine $43,200,000
Corps Recruit Depot.
Twentynine Palms.... $12,324,000
Florida.......................... Eglin Air Force Base $780,000
Mississippi...................... Gulfport........... $6,570,000
North Carolina................... Camp Lejeune........ $27,980,000
Parris Island Marine $16,000,000
Corps Recruit Depot.
Virginia......................... Yorktown............ $8,070,000
------------------------------------------------------------------------

In section 2902(c), strike the dollar amounts in the matter
preceding paragraph (1) and in paragraph (1) and insert
``$197,618,000'' and ``$171,176,000'', respectively.

The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman
from Missouri (Mr. Skelton) and a Member opposed each will control 2\1/
2\ minutes.
The Chair recognizes the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, this is a technical corrections amendment
to H.R. 5658, as reported by the Committee on Armed Services on May 16
of this year, and I certainly hope it will be adopted and I so move.
Mr. HUNTER. Would the gentleman yield?
Mr. SKELTON. I yield.
Mr. HUNTER. We've obviously cleared this on our side, and we totally
support the distinguished gentleman from Missouri's amendment.
Mr. SKELTON. I yield back, Mr. Chairman.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Missouri (Mr. Skelton).
The amendment was agreed to.

Amendment No. 2 Offered by Mr. Skelton

The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in House Report 110-666.
Mr. SKELTON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 2 offered by Mr. Skelton:
At the end of title X, add the following new section:

SEC. 1071. STANDING ADVISORY PANEL ON IMPROVING INTEGRATION
BETWEEN 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 shall
jointly establish an advisory panel to review the respective
roles and responsibilities of the Department of Defense, the
Department of State, and the United States Agency for
International Development in the national security
collaborative system.
(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,
in consultation with the Chairman of the Joint Chiefs of
Staff, 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 that appointed the
chairman to the advisory panel under paragraph (1).
(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 shall 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 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 board 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).
(4) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory panel.
(d) Support of Federally Funded Research and Development
Center.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State and the Administrator, shall
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 under subsection (c)(3).
(2) Deadline for contract.--The Secretary of Defense shall
enter into the contract required by this subsection not later
than 60 days after the date of the enactment of this Act.
(e) Duties of Panel.--
(1) The advisory panel shall analyze the roles and
responsibilities of the Department of Defense, the Department
of State, and the United States Agency for International
Development regarding--
(A) stability operations;
(B) non-proliferation;
(C) foreign assistance (including security assistance);
(D) strategic communications;
(E) public diplomacy;
(F) the role of contractors; and
(G) other areas the Secretary of Defense, the Secretary of
State, and the Administrator consider appropriate.
(2) In providing advice, guidance, and recommendations to
improve the national security collaborative system, the
advisory panel shall review--
(A) the structures and systems that coordinate policy-
making;
(B) the roles and responsibilities of the departments and
agencies of the Federal Government involved in the national
security collaborative system;
(C) integrating the expertise of the departments and
agencies of the Federal Government involved in the national
security collaborative system; and
(D) coordinating personnel assigned abroad as part of the
national security collaborative system.
(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.--
(A) 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--
(i) aspects of the national security collaborative system
that should take priority during the improvement of
integration between the Department of Defense, the Department
of State, and the United States Agency for International
Development; and
(ii) methods to better integrate the national security
collaborative system.
(2) Annual report.--
(A) Not later than December 31 of each year, the advisory
panel shall submit to the

[[Page H4743]]

Secretary of Defense, the Secretary of State, and the
Administrator, a report on--
(i) the activities of the advisory panel;
(ii) any deficiencies in the national security
collaborative system;
(iii) any improvements made to the national security
collaborative system;
(iv) methods to better integrate the national security
collaborative system; and
(v) 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 committees of Congress the reports
under this subsection and any additional information
considered appropriate.
(4) Congressional briefings.--Not later than 30 days after
the submission of each report under this subsection, the
advisory panel shall meet with the appropriate committees to
brief such committees on the matters contained in the report.
(5) Appropriate committees.--For the purposes of this
subsection, the appropriate committees of Congress are the
following:
(A) The Committees on Foreign Relations, Armed Services,
and Appropriations of the Senate.
(B) The Committees on Foreign Affairs, Armed Services, and
Appropriations of the House of Representatives.
(h) Termination of Advisory Panel.--The advisory panel
shall terminate on September 30, 2013.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) National security collaborative system.--The term
``national security collaborative system'' means the
structures, mechanisms, and processes by which the Department
of Defense, the Department of State, and the United States
Agency for International Development coordinate and integrate
their policies, capabilities, expertise, and activities to
accomplish national security missions overseas.
(3) 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.

The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman
from Missouri (Mr. Skelton) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, this is an amendment that deals with a
very difficult situation that has arisen in recent years: the
cooperation, or I should say, the lack of cooperation between various
departments of our government that relate to national security. This in
particular, however, deals with just the Defense Department and the
State Department. We had a historic hearing in our committee touching
on this subject with the Secretary of Defense and the Secretary of
State testifying side by side.
This amendment provides both the Congress and the executive branch
with specific recommendations by a specified panel to key issues based
on practical experience. It will also serve as a useful tool to guide
future congressional efforts in this area and demonstrate congressional
commitment to long-term solutions and cooperation.
I wish to compliment my friend and colleague from California for his
assistance on this as well, Mr. Berman, and I might say this also is a
bipartisan amendment. Several people, the gentleman on the Armed
Services Committee on the other side of the aisle, are strongly in
favor of it, as well as on the Democratic side.
I also wish to thank, besides Mr. Berman, Nita Lowey for her
cosponsorship of this particular amendment.
I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I would yield to myself such time as I
might consume.
The Acting CHAIRMAN. The gentleman from California is recognized for
10 minutes.
Mr. HUNTER. I would simply say that this is an important amendment
and one that I support strongly, and I think most of the members of the
committee support strongly.
This is a joint effort. It's not just a DOD effort, when we discussed
the two warfighting theaters and the standing up of a government that
will be an ally of the United States and will have a modicum of
democracy. It's important to have the other agencies that are so
critical to this effort, to the coordination of this effort, that is,
the Department of State and the USAID administrator, to be involved to
ensure that we do have coordination and cooperation.
At this time, Mr. Chairman, I'd like to yield to Mr. Forbes, the
gentleman from Virginia, 3 minutes.
Mr. FORBES. Thank you, Mr. Chairman.
Mr. Chairman, I rise in support of the amendment to create an
advisory panel between the Department of Defense and the State
Department.
Under the leadership of Chairman Skelton, Chairman Berman and
Chairwoman Lowey, I believe we've taken the first of what I hope will
be many steps to reform the Interagency process.
As Chairman Skelton said yesterday, reforming the way our Federal
agencies cooperate is not going to happen in 1 year.
We have 19 Federal departments that have Cabinet-level authority,
each with their own mission, culture, and priorities. But whether it is
coordinating a uniform and united response to a natural disaster such
as Hurricane Katrina, whether it's organizing counterterrorism efforts
between the CIA, FBI and the Department of Homeland Security, or
whether it's coordinating food safety efforts between the Department of
Agriculture and the Department of Homeland Security, it's critical that
our agencies are not restricted by regulations or cultures that lead to
distrust rather than one of cooperation.
The American people expect their government agencies to work together
to be responsive and effective in carrying out the duties of
government: keeping America safe, enforcing justice, and providing
assistance in times of crisis. Americans expect this to be the case in
our government's dealing, both at home and around the world.
So I urge my colleagues to support this amendment, which establishes
an advisory panel between two of our largest departments. This panel
will identify ways those departments can collaborate more effectively
to address national security challenges we face.
I want to thank Chairman Skelton for his leadership and his
commitment to this issue.
Mr. SKELTON. At this time, I yield 3 minutes to my friend, the
coauthor of this amendment, the gentleman from California (Mr. Berman)
who is the distinguished chairman of the Foreign Affairs Committee and,
as I mentioned, a cosponsor of the amendment.
Mr. BERMAN. I thank the gentleman for yielding.
I'm very proud to cosponsor this amendment with Mr. Skelton, the
Chair of the committee, along with the Chair of the Subcommittee on
State and Foreign Operations, Mrs. Lowey.
Among the many lessons learned from the wars in Iraq and Afghanistan
is the stark fact that the State Department and Defense Department have
failed to coordinate on critical policy issues in these two war zones.
In fact, throughout the U.S. Government, there is a misalignment
between resources and missions, expertise and funding.
The problems are most evident in the arena of stability and
reconstruction operations, where the Defense Department has assumed the
lion's share of responsibilities.
However, the Defense Department is now playing a greater role in a
wide range of foreign assistance programs. By some estimates, more than
20 percent of foreign aid now flows through the Pentagon.
Some of this can be attributed to a lack of capacity at State and
USAID, a problem we're trying to address through legislation authored
by Mr. Farr, which the House passed and is now a part of this bill.
But to the extent these problems result from a lack of coordination,
we need to take steps to help ensure that the day-to-day plumbing of
our national security agencies is sufficiently welded so that personnel
from different departments have incentive to work together, and that
the objectives of these departments are properly calibrated with
overall U.S. Government priorities.
This amendment constitutes a first step in that direction. It
establishes an advisory panel, structured to ensure that the three key
agencies charged with protecting U.S. national security and promoting
American interests abroad, State, Defense and USAID, have equal
presence. I hope that the panel will work closely with these agencies
to produce a report that is

[[Page H4744]]

practical, well-informed and, most important, directly applicable to
their day-to-day operations.
The one thing I know is that if this panel creates a dynamic where
these agencies work as well together as I have found the ability to
work with the chairman of the House Armed Services Committee, we can
make a lot of progress here. It's a real honor to have been engaged
with Chairman Skelton, as well as Chairwoman Lowey on the
appropriations side, in trying to come to grips with this problem.
I think this is a good first step, and I urge my colleagues to adopt
this amendment.
Mr. HUNTER. Mr. Chairman, we have one more speaker who I think is on
his way. So if the gentleman from Missouri has another speaker, if we
could pass and see if we can get our other speaker down here.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to my friend, my
colleague, the gentlelady from California (Mrs. Davis) who is the
chairwoman of the Subcommittee on Military Personnel of our Armed
Services Committee.
Mrs. DAVIS of California. I rise in support of the Skelton-Berman-
Lowey amendment.
Mr. Chairman, the wars in Iraq and Afghanistan have highlighted why
Congress and the executive branch must do a better job of marshalling
all elements of national power in support of U.S. goals abroad and
ensure that future missions are not military-centric but joint
interagency efforts.
The creation of an interagency advisory panel required to make
recommendations to each department is an excellent first step.
As important as the creation of this new panel is, the coordination
between the committees that we see here today is also critical.
We know that part of the interagency problem is the rigid stovepipe
structure found right here in this body. So while this amendment seeks
to influence the executive branch, it will take reforms on both ends of
Pennsylvania Avenue to have the type of interagency coordination we
need to address the challenges of the 21st century.
I applaud the sponsors of this bill, Chairman Skelton, Chairman
Berman and Chairwoman Lowey. They deserve an enormous amount of credit
for bringing this forward, and I urge all of my colleagues to support
it.

{time} 1400

Mr. HUNTER. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Texas (Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, I support this amendment. I want to
commend Chairman Skelton and Chairman Berman and Chairwoman Lowey for
working together. It is something that does not often happen in this
body to have three different Chairs work together on a common purpose.
In addition, Mrs. Davis from California and Mr. Davis from Kentucky
have been pushing this very same issue.
Mr. Chairman, if we're going to be successful against the terrorists
or any other number of challenges we face, we have to have all the
instruments of national power and influence working together, not only
coordinated, but integrated, so that it is a seamless unit.
I hope, as others have said, this is a first step. But it is clearly
only one step towards greater reforms that need to take place to ensure
that it is one integrated unit when this country seeks to accomplish
things. I appreciate the spotlight being shown on the problem through
this amendment. And I hope that we have this sort of cooperation going
forward in the future as well.
Mr. SKELTON. At this time, I yield 1 minute to the gentleman from
Rhode Island (Mr. Langevin), who is a member on leave from our Armed
Services Committee.
(Mr. LANGEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LANGEVIN. Mr. Chairman, I rise today in strong support of the
Skelton-Berman-Lowey amendment, and I want to commend the sponsors for
proposing this amendment.
Having served on the Armed Services, Intelligence, and Homeland
Security Committees, I have seen firsthand the stovepiping that occurs
in the various parts of government responsible for national security. I
recognize the urgent need to encourage greater interagency cooperation,
both in strategic planning and at the operational level.
Our Nation has many ways to promote stability and peace throughout
the world and protect our Nation. We often see a focus on our hard
power assets, such as use of our military, but we also use our
diplomacy, financial assistance, or other ``soft power'' assets such as
cultural exchanges and communications. We need far better coordination
and cooperation between our hard and soft power assets to truly achieve
a comprehensive national security strategy for the United States.
This amendment would create an advisory panel to encourage
collaboration among Department of Defense, State Department, and USAID.
This is an important first step in promoting a comprehensive view of
national security, and I'm confident that the sponsors of this
amendment will build on this effort.
I look forward to working with them to encourage more interagency
cooperation so that the United States can be more effective in reaching
our national security goals.
Mr. SKELTON. Mr. Chairman, may I inquire as to the remaining time,
please.
The Acting CHAIRMAN. The gentleman from Missouri has 3\1/2\ minutes
remaining. The gentleman from California has 6\1/2\ minutes remaining.
Mr. SKELTON. Mr. Chairman, let me take this opportunity to say a
special thanks to those who worked so hard and so long on this issue.
Number one is recognizing the problem, number two is doing something
about it.
Now, it really crosses more than two departmental lines or two
committee lines, the Defense and the Foreign Affairs. This is a major
step in the right direction, and Congress is doing something about it.
Let me say special thanks, first, to our ranking member, Mr. Hunter,
to Dr. Snyder, Mrs. Davis of California, Mr. Thornberry of Texas, Mr.
Murtha, of course cosponsor Mr. Berman, cosponsor Mrs. Lowey, Mr.
Cooper, who chaired the panel on Roles and Missions, Mr. Schiff, Mr.
Langevin and Mr. Geoff Davis. I'm sure there are others that have
worked on it, but those need special recognition for the efforts that
they put forth in this.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, at this time, I yield back the balance of
my time unless the gentleman from Missouri needs it. I would yield it
to his side.
Mr. SKELTON. I do have at least one additional speaker, Mr. Chairman.
Mr. HUNTER. Mr. Chairman, my speaker did just arrive. If I could
impose on the gentleman, he is ready to go.
I would ask unanimous consent that I be allowed to retrieve my time.
The Acting CHAIRMAN (Mr. Ross). Is there objection to the request of
the gentleman from California?
There was no objection.
Mr. HUNTER. Mr. Chairman, I would yield 4 minutes to the gentleman
from Kentucky (Mr. Davis).
Mr. DAVIS of Kentucky. Thank you, Congressman Hunter, Chairman
Skelton.
I just want to make a statement that I rise in very strong support of
this amendment. It is critical right now that we address the challenges
between the agencies and the Federal Government.
Over a year ago, Congresswoman Susan Davis and I formed the
bipartisan National Security Reform Caucus to begin to address these
issues in a new flavor from what now Chairman Skelton began to address
as a young Member of Congress in the 1980s, leading to sweeping reforms
in the Defense Department, and leading to the concept of jointness
between our services that we have today.
We've seen this caucus grow. We've seen terrific hearings that have
been done on the Oversight and Investigations Committee pointing to the
need for better interoperability between the State Department and the
Defense Department. We have many dedicated civil servants and many
dedicated military personnel who are actually blocked, in many aspects,
from working together because of the silos of the agencies, statutes
and regulations in accounting that prevents them from interacting
effectively.

[[Page H4745]]

I think that one of the things that we need to do as a Nation is to
have the ability to more flexibly and agilely use our instruments of
national power so that putting troops on the ground, using our kinetic
power, is the last thing we do; that we can begin on the soft end with
humanitarian efforts, peacekeeping, peace enforcement, reaching out
with information, and using very powerful and often unheralded assets
like the Agency for International Development, more expeditionary
Foreign Service, and allow this interaction to take place in an
effective manner. I think that by having this standard advisory panel,
we can take the politics out of this and continue to work closely.
I appreciate the chairman's leadership, leading in a bipartisan
manner on such a critical issue, convening many meetings and forums,
and also participating over a year ago with us on this Council of
Foreign Relations effort that brought together much of the interagency
community.
Again, I encourage my colleagues to support this. Thank you for your
time, and the chairman for his graciousness and procedure.

Notice to Alter Order of Consideration of Amendments

Mr. SKELTON. Pursuant to section 4 of House Resolution 1218, and as
the chairman of the Committee on Armed Services, I request that, during
further consideration of H.R. 5658 in the Committee of the Whole, and
following consideration of the en bloc amendments, the following
amendments be considered in the following order: amendment No. 6,
amendment No. 23, amendment No. 33, amendment No. 8, amendment No. 15,
amendment No. 26, amendment No. 50, amendment No. 53.
Mr. Chairman, I yield 1 minute to my friend from Tennessee, (Mr.
Cooper).
Mr. COOPER. I thank the chairman, Ike Skelton of Missouri, who has
done a tremendous job of leading this important bill through this
Congress and including this very, very important amendment that I urge
my colleagues to support.
No Member of this body has done more to promote roles and missions
reform than Ike Skelton. He was present at the creation of Goldwater-
Nichols back in the 1980s, and he is pushing the Pentagon hard today to
keep America number 1, to make sure that we're getting our roles and
missions right.
I am personally grateful that he sponsored the panel in which seven
Members, on a bipartisan basis, reached unanimous agreement that we
need to tackle this important subject.
I want to thank, in particular, my ranking member, Phil Gingrey, but
all of the panel members, whether it's Mr. Larsen, Ms. Gillibrand,
Admiral Sestak, Mr. Conaway and Mr. Davis. It was a very important
effort to work on. I look forward to the passage of this amendment,
when we can have a standing committee within the Pentagon itself to
focus on this important issue.
So I congratulate all of my colleagues in the House. This is the
Duncan Hunter Defense Authorization bill. This is a landmark bill for
the strength and safety of our country. This amendment will make that
bill even stronger for future generations.
Mr. HUNTER. Mr. Chairman, I just want to say that the gentleman from
Tennessee had it right in that the chairman has been a prime mover in
forcing jointness with the military services. And it's only appropriate
that, because this is an effort that requires other agencies, besides
DOD, that we have a mechanism to get them together, move them together
in a true jointness. I want to commend the chairman for his authorship
of this.
At this point, Mr. Chairman, we have no more requests for time on
this side. Unless the gentleman needs our time, I yield back our time.
Mr. SKELTON. I yield back the balance of my time, Mr. Chairman.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Missouri (Mr. Skelton).
The amendment was agreed to.

Amendment No. 3 Offered by Mr. Akin

The Acting CHAIRMAN. It is now in order to consider amendment No. 3
printed in House Report 110-666.
Mr. AKIN. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 3 offered by Mr. Akin:
At the end of subtitle A of title II, add the following new
section:

SEC. 203. INCREASED FUNDING FOR FUTURE COMBAT SYSTEMS.

(a) Increase.--The amount provided in section 201(1) for
research, development, test, and evaluation, Army, is hereby
increased by $193,000,000, of which--
(1) $101,000,000 shall be available for Future Combat
Systems, MGV; and
(2) $92,000,000 shall be available for Future Combat
Systems, SoS Engineering.
(b) Corresponding Offsets.--The amount in section 201(2)
for research, development, test, and evaluation, Navy, is
hereby reduced by $30,000,000, to be derived from PE
0305205N, line 198 Endurance Unmanned Aerial Vehicles, Broad
Area Maritime Surveillance. The amount in section 421,
military personnel, is hereby reduced by $138,000,000, to be
derived from unobligated balances. The amount in section
1403, Defense Health Program, is hereby reduced by
$25,000,000, to be derived from unobligated balances.

The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman
from Missouri (Mr. Akin) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Missouri.
Mr. AKIN. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, I rise today on a subject that is of great deal of
interest to the Army, and that is what's called the Future Combat
Systems.
The Army has one basic modernization program, the only comprehensive
modernization program that they've had in the last more than 30 years.
So obviously this is of great interest to the Army, and the Army would
like to see it funded at the level that it came across from the
administration. And what we've done is we've cut over $200 million from
Future Combat Systems. My amendment simply restores a portion, $100
million plus, of that $200 million cut.
Now the thing that we have to understand about this is this is a very
complicated program. And next year, at least in theory, there is a
``go, no go,'' either we're going to support this program or we're
going to cancel it, and there is no fallback position. So here we are,
1 year before the final decision, and what we're doing is one more time
inflicting a death of 1,000 slashes. Now, last year we tried to just
slit its throat with $800 million, but this year we're simply cutting
it a little over $200 million. It seems to be a very bad time when we
are just 1 year away from making the final decision, go or no go, to
cut money from it.
Now, if there is one way that you want to make a scheduled slip, the
best way to do it is cut money out because then you don't have as many
people working on it, it causes delays in the program. So do we want to
cause delays in the program? I think not.
The one question might be, well, how do you fund this extra $100
million? Well, we're getting the money from the same place where we got
$1 billion. The committee took $1 billion earlier, so this is a small
amount more.
Mr. Chairman, I reserve the balance of my time.
Mr. ABERCROMBIE. Mr. Chairman, I claim the time for those who oppose
this amendment.
The Acting CHAIRMAN. The gentleman from Hawaii is recognized for 5
minutes.
Mr. ABERCROMBIE. Mr. Chairman, I yield 1 minute to Mrs. Davis.
Mrs. DAVIS of California. Mr. Chairman, I rise in strong opposition
to the Akin amendment.
Our men and women in uniform and their families are bearing the brunt
of the wars. Those who volunteer to protect our freedom face deployment
after deployment, and we know that. Their families at home are facing
difficulty getting the health care they need from military hospitals
because of resource shortages.
This amendment was offered in committee and failed by a vote of 33-
24. The question, Mr. Chairman, for Members on the Akin amendment is
clear, how much do we support our military families? Are they really
our high priority?
I urge my colleagues to stand with our troops and their families and
oppose the Akin amendment.
Mr. AKIN. Mr. Chairman, I yield 1 minute to the gentleman from New
York (Mr. McHugh).

{time} 1415

Mr. McHUGH. Mr. Chairman, with all due respect to my Chair, on which
I

[[Page H4746]]

serve as ranking on Personnel, it's really a case of ``Do as I say, not
as I do.''
It's very important to recognize, whatever you feel about this
amendment, the facts are these: The offsets both from the Defense
Health Program that the gentlewoman just spoke in great emotional terms
about as well as the cuts with respect to other offsets come from
unexpended balances. And I think it's important to note as well, while
our friends on the other side of the aisle are saying ``absolutely
not'' to this very modest offset, that when it comes to these very same
unexpended accounts, they spent $250 million out of the DHP, the
Defense Health Program, while at the same time they took over $1
billion of unexpended balances.
The Acting CHAIRMAN. The gentleman's time has expired.
Mr. AKIN. I yield the gentleman an additional 30 seconds.
Mr. McHUGH. So the gentleman from Missouri's efforts to cut very
modest amounts would not in any way diminish the onboard dollars that
are spent in support of our men and women in uniform. No one on this
side of the aisle is proposing to do that. The gentleman from Missouri
is not.
Quite frankly, the protestations that I'm hearing on the floor as I
heard in the full committee markup coming from people that took over
$1\1/4\ billion of those same funds to spend on other accounts is
rather disingenuous.
Mr. ABERCROMBIE. Mr. Chairman, I yield 2 minutes to the chairman of
the committee, the gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Chairman, I strongly oppose this amendment.
Back in law school when you had a question, the instructor would say,
``Read it. What does it say?'' And this amendment says that $163
million is attained from a military personnel account and from the
health care account for our troops. That's what it says.
Let's be clear. The personnel account deals with pay and benefits and
the health care for our military community. Cutting that is not
acceptable.
Let me explain. The subcommittee system in the Armed Services
Committee does a good job. This particular program, the Future Combat
System, was scrubbed. As a matter of fact, some items in it were
plussed up by several millions of dollars. Nothing well beyond 2015 was
touched. It has come in at an estimate of nearly actually twice what
the original estimate was.
I just think it's wrong to take this money or attempt to take this
money from these accounts which take care of our troops. We are doing
our best to increase the readiness of our troops, and readiness also
touches families, families' attitude whether someone will re-enlist and
keep the skills in uniform or whether they will go home and not remain
part of our military.
Consequently, I think this is just a wrong amendment and I do oppose
it.
Mr. AKIN. Mr. Chairman, I yield to the gentleman from New York (Mr.
McHugh) an additional 30 seconds.
Mr. McHUGH. Mr. Chairman, I fully agree with the distinguished
chairman: Read it. Read the budget that our Democrat friends put
forward that shows how they cut from the President's request more than
$580 million from personnel account recommendations. Read it, how the
GAO report has shown that they expended from the unexpended balances of
$1.8 billion available over $1 billion of that. And read it, how the
GAO in expended balances in DHP listed $250 million a cut.
Mr. ABERCROMBIE. Mr. Chairman, how much more time did Mr. Skelton
have on his 2 minutes, please?
The Acting CHAIRMAN. His time had expired as he was ending, and the
gentleman from Hawaii has 2 minutes remaining. The gentleman from
Missouri has 1.
Mr. ABERCROMBIE. Mr. Chairman, I yield 15 seconds to the gentleman
from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Chairman, we're talking about the amendment in front
of us. That's what I think people should read. Not something else. Not
something that is not on point in the middle of the discussion before
us today.
Read it. It takes money from the personnel account and from the
health care account. That's not treating the troops right.
Mr. AKIN. Mr. Chairman, I yield 1 minute to my friend from New Jersey
(Mr. Saxton).
Mr. SAXTON. I thank the gentleman for yielding.
Mr. Chairman, I am in very, very strong support of this amendment.
The Future Combat System is a system that leverages technology in a way
that it will help us in the future a great deal. This system has been
underdevelopment for quite some years, and for the last 3 years in a
row, not counting this year, for the last 3 years in a row, there have
been significant cuts made to the program.
This year, as Mr. Akin correctly pointed out, is the year where we
get out the yardstick and say how much progress have we made? Do we
want to continue the system or do we want to cancel it? A $233 million
cut to this program this year to me seems to be very unwise because
this is the yardstick year. This is the year where we make the
decision, based on the progress that we have been able to measure,
whether the program goes forward or is modified or is cancelled.
And so I believe that this amendment should be one we all support.
Mr. ABERCROMBIE. How much time is remaining, Mr. Chairman?
The Acting CHAIRMAN. The gentleman from Hawaii has 1\3/4\ minutes
remaining. The gentleman from Missouri's time has expired.
Mr. ABERCROMBIE. Mr. Chairman, I yield myself the balance of my time.
I oppose this amendment because it cuts funding to our troops and
their families. The defense bill's purpose is to ensure that troops and
their families needs are put first as they struggle to fight two wars.
The needs of the Army are shortchanged in this amendment. The needs
of the Army should be put first as the service carrying the heaviest
burdens in the wars in progress. Readiness above all.
Putting troops first involves making choices. As President Eisenhower
said about ``the clearly necessary.''
This amendment decreases pay benefits, health care for troops and
their families, benefits that are clearly necessary by any measure, and
puts hundreds of millions of dollars into corporate overhead.
Hear me. Understand. You vote for this amendment, you're voting to
cut funds for the troops and their health care and their families' to
put it in corporate overhead accounts, and you're going to be held to
account for it come November, guaranteed.
The defense bill already provides $3.3 billion for this program. No
more is needed for corporate overhead. The 5 percent reduction in the
program that this amendment seeks to roll back has been reallocated. We
reallocated funds for serious equipment shortfalls in the Army,
National Guard, and Reserve. The equipment readiness needs of the Army,
Guard, and Reserve take priority over corporate overhead any day.
Understand, to pay for this amendment, you cut military pay, benefits,
health care, and equipment for the National Guard and Reserve in
multiple deployments.
The choice could not be more clear. You are going to take funding
from the troops and their families and give it to defense contractors
who have already received over $15 billion. Defense contractors are
well paid for their services. They do not come and their profits don't
come before military families.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Missouri (Mr. Akin).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. AKIN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Missouri
will be postponed.

Amendments En Bloc Offered by Mr. Skelton

Mr. SKELTON. Mr. Chairman, pursuant to H. Res. 1218, I offer
amendments en bloc.
The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.
Amendments en bloc consisting of amendments numbered 7, 9, 12, 13,
16, 17, 18, 21, 27, 29, 34, 35, 36, 37, 38, 39, 41, 44, 47, 48, 49, 54
and 57 printed in House Report 110-666 offered by Mr. Skelton:

Amendment No. 7 Offered by Mrs. Tauscher

The text of the amendment is as follows:

At the end of title X, insert the following new section:

[[Page H4747]]

SEC. 1071. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE
ACT TO THE CONGRESSIONAL COMMISSION ON THE
STRATEGIC POSTURE OF THE UNITED STATES.

Section 1062 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 476) is
amended by adding at the end the following new subsection:
``(h) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) does not
apply to the commission, which advises Congress, because the
Federal Advisory Committee Act applies only to commissions
that advise the executive branch.''.

Amendment No. 9 Offered by Mr. Cummings

The text of the amendment is as follows:

In section 595, redesignate subsection (h) as subsection
(i) and insert after subsection (g) the following new
subsection:
(h) Inclusion of Coast Guard in Senior Military Leadership
Diversity Commission.--
(1) Expansion of commission.--The commission shall include
two additional members, as follows:
(A) 1 retired flag officer of the Coast Guard appointed by
the Secretary of Homeland Security, in consultation with the
Commandant of the Coast Guard.
(B) 1 senior commissioned officer or noncommissioned
officer of the Coast Guard on active duty appointed by the
Secretary of Homeland Security, in consultation with the
Commandant of the Coast Guard.
(2) Armed forces defined.--In this section, the term
``Armed Forces'' means the Army, Navy, Air Force, Marine
Corps, and Coast Guard.

Amendment No. 12 Offered by Mr. Buyer

The text of the amendment is as follows:

At the end of title III, add the following new section:

SEC. 362. FUNDING FOR PROGRAMS RELATING TO DENTAL READINESS
FOR THE ARMY RESERVE.

Of the amount authorized in section 301(6) to be
appropriated for fiscal year 2009 for the Army Reserve--
(1) $22,300,000 is authorized for first term dental
readiness; and
(2) $8,500,000 is authorized for demobilization dental
treatment.

Amendment No. 13 Offered by Ms. Slaughter

The text of the amendment is as follows:

At the end of title VIII, add the following new section:

SEC. 849. ADDITIONAL CONTRACTOR REQUIREMENTS AND
RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY
OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND
AFGHANISTAN.

(a) Requirements for Defense Contractors.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop requirements relating to covered offenses allegedly
perpetrated by or against contractor personnel in the case of
defense contractors performing covered contracts.
(2) Specific matters covered.-- The requirements developed
under paragraph (1) shall include the following:
(A) Reporting requirement.--A requirement for defense
contractors to report, in a manner prescribed by the
Secretary of Defense, covered offenses allegedly perpetrated
by or against contractor personnel.
(B) Assistance.--A requirement for defense contractors to
provide for victim and witness safety, medical assistance,
and psychological assistance in the case of a covered
offense. The Secretary of Defense shall prescribe regulations
to carry out this subparagraph, and the regulations shall be
in accordance with regulations of the Department of Defense
relating to restricted reporting for sexual assaults.
(C) Information.--A requirement that the contractor provide
to all contractor personnel who will perform work on the
contract, before beginning such work, information on the
following:
(i) How and where to report an alleged covered offense.
(ii) Where to seek the assistance required by subparagraph
(B).
(3) Implementation as condition of current and future
contracts.--
(A) Current contracts.--With respect to any covered
contract in effect on the date of the enactment of this Act,
the contract shall be modified to include the requirements
under paragraph (1) as a condition of the contract.
(B) Future contracts.--With respect to any covered contract
entered into by the Department of Defense after the date of
the enactment of this Act, the requirements developed under
paragraph (1) shall be included as a condition of the covered
contract.
(b) Government Requirements.--Beginning not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall make publicly available a
numerical accounting of alleged covered offenses reported
under this section. The information shall be updated no less
frequently than quarterly.
(c) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract''--
(A) means a contract with the Department of Defense
performed--
(i) in Iraq or Afghanistan; or
(ii) in any area designated by the Secretary as being in
support of the United States mission in Iraq or Afghanistan;
and
(B) includes--
(i) any subcontract at any tier under the contract; and
(ii) any task order or delivery order issued under the
contract or such a subcontract.
(2) Covered offense.--The term ``covered offense'', with
respect to a covered contract, means an offense under chapter
212 of title 18, United States Code--
(A) that is a crime of violence (as defined in section 16
of such title 18); and
(B) that is committed--
(i) by or against contractor personnel; and
(ii) in geographic areas where the covered contract is
performed.
(3) Contractor personnel.--The term ``contractor
personnel'' means any person performing work under a covered
contract, including individuals and subcontractors at any
tier.

Amendment No. 16 Offered by Mr. LaHood

The text of the amendment is as follows:

At the end of title V, add the following new section:

SEC. 5__. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT
ZONES OF DUAL-MILITARY COUPLES WHO HAVE MINOR
DEPENDENTS.

(a) Authority to Obtain Deferment.--In the case of a member
of the Armed Forces with minor dependents who has a spouse
who is also a member of the Armed Forces, and the spouse is
deployed in an area for which imminent danger pay is
authorized under section 310 of title 37, United States Code,
the member may request a deferment of a deployment to such an
area until the spouse returns from such deployment.
(b) Repeal of Limited Authority.--Section 586 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 11--181; 112 Stat. 132; 10 U.S.C. 991 note) is
amended by striking the second sentence.

Amendment No. 17 Offered by Ms. Woolsey

The text of the amendment is as follows:

At the end of subtitle E of title XXVIII add the following
new section:

SEC. 28__. 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.

Amendment No. 18 Offered by Mr. Berman

The text of the amendment is as follows:

In section 1602, add at the end the following new
paragraph:
(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.
In section 1604, in the proposed new section 618 to the
Foreign Assistance Act of 1961, in the proposed new
subsection (b) of such proposed new section, strike ``2008,
2009, and 2010'' and insert ``2009, 2010, and 2011''.
In section 1604, in the proposed new section 618 to the
Foreign Assistance Act of 1961, in the proposed new
subsection (b) of such proposed new section, strike
``$100,000,000'' and insert ``$200,000,000''.

Amendment No. 21 Offered by Mr. Cooper

The text of the amendment is as follows:

Page 353, after line 11, insert the following:

SEC. 849. 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.
(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

[[Page H4748]]

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 the following
options:
(1) Entering into a single Defense Base Act insurance
contract for the Department of Defense.
(2) Entering into a single Defense Base Act insurance
contract for contracts involving performance in theaters of
combat operations.
(3) Entering into a contract vehicle, such as a multiple
award contract, that provides for competition among
contractors for categories of insurance coverage, such as
construction, aviation, security, and other categories of
insurance.
(4) Using a retrospective rating approach to Defense Base
Act insurance that adjusts rates according to actual claims
incurred on a cost reimbursement basis.
(5) Adopting a self-insurance approach to Defense Base Act
insurance for Department of Defense contracts.
(6) Such other options as the Secretary deems to best
satisfy the criteria identified under subsection (b).
(d) Report.--(1) Not later than 180 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).

Amendment No. 27 Offered by Mr. Fossella

The text of the amendment is as follows:

At the end of subtitle F of title VI, insert the following
new section:

SEC. 664. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED
FORCES SERVING IN IRAQ OR AFGHANISTAN.

(a) Availability of Postal Benefits.--The Secretary of
Defense, in consultation with the United States Postal
Service, shall provide for a program under which postal
benefits are provided to qualified individuals in accordance
with this section.
(b) Qualified Individual.--In this section, the term
``qualified individual'' means a member of the Armed Forces
on active duty (as defined in section 101 of title 10, United
States Code) who--
(1) is serving in Iraq or Afghanistan; or
(2) is hospitalized at a facility under the jurisdiction of
the Department of Defense as a result of a disease or injury
incurred as a result of service in Iraq or Afghanistan.
(c) Postal Benefits Described.--
(1) Vouchers.--The postal benefits provided under the
program shall consist of such coupons or other similar
evidence of credit, whether in printed, electronic, or other
format (in this section referred to as a ``voucher''), as the
Secretary of Defense, in consultation with the Postal
Service, shall determine, which entitle the bearer or user to
make qualified mailings free of postage.
(2) Qualified mailing.--In this section, the term
``qualified mailing'' means the mailing of a single mail
piece which--
(A) is first-class mail (including any sound- or video-
recorded communication) not exceeding 13 ounces in weight and
having the character of personal correspondence or parcel
post not exceeding 10 pounds in weight;
(B) is sent from within an area served by a United States
post office; and
(C) is addressed to a qualified individual.
(3) Coordination rule.--Postal benefits under the program
are in addition to, and not in lieu of, any reduced rates of
postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title
39, United States Code.
(d) Number of Vouchers.--A member of the Armed Forces shall
be eligible for one voucher for every second month in which
the member is a qualified individual.
(e) Limitations on Use; Duration.--A voucher may not be
used--
(1) for more than a single qualified mailing; or
(2) after the earlier of--
(A) the expiration date of the voucher, as designated by
the Secretary of Defense; or
(B) the end of the one-year period beginning on the date on
which the regulations prescribed under subsection (f) take
effect.
(f) Regulations.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense (in
consultation with the Postal Service) shall prescribe such
regulations as may be necessary to carry out the program,
including--
(1) procedures by which vouchers will be provided or made
available in timely manner to qualified individuals; and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (d).
(g) Transfers to Postal Service.--
(1) Based on estimates.--The Secretary of Defense shall
transfer to the Postal Service, out of amounts available to
carry out the program and in advance of each calendar quarter
during which postal benefits may be used under the program,
an amount equal to the amount of postal benefits that the
Secretary estimates will be used during such quarter, reduced
or increased (as the case may be) by any amounts by which the
Secretary finds that a determination under this section for a
prior quarter was greater than or less than the amount
finally determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than six months
after the end of the one-year period referred to in
subsection (e)(2)(B).
(3) Consultation required.--All estimates and
determinations under this subsection of the amount of postal
benefits under the program used in any period shall be made
by the Secretary of Defense in consultation with the Postal
Service.
(h) Funding.--
(1) Increase.--The amount authorized to be appropriated by
section 421 for military personnel is hereby increased by
$10,000,000, and such amount shall be available for postal
benefits provided in this section.
(2) Offsetting reduction.--Funds authorized to be
appropriated in fiscal year 2009 for Military Personnel are
reduced by $10,000,000.

Amendment No. 29 Offered by Mr. Inslee

The text of the amendment is as follows:
At the end of title X, add the following new section:

SEC. 1071. STUDY AND REPORT ON USE OF POWER MANAGEMENT
SOFTWARE.

(a) Study.--The Secretary of Defense shall conduct a study
on the use of power management software by civilian and
military personnel and facilities of the Department of
Defense to reduce the use of electricity in computer monitors
and personal computers. This study shall include
recommendations for baseline electric power use, for ensuring
robust monitoring and verification of power use requirements
on a continuing basis, and for potential technological
solutions or best practices for achieving these efficiency
objectives.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report containing the results of the study under subsection
(a), including a description of the recommendations developed
under the study.

Amendment No. 34 Offered by Mr. McDermott

The text of the amendment is as follows:

At the end of title VII, add the following new section:

SEC. 7__. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS
CONTAINED IN REPORT ON HEALTH EFFECTS OF
EXPOSURE TO DEPLETED URANIUM.

Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report describing the measures underway to implement the
recommendations contained in the report entitled ``Review of
the Toxicologic and Radiologic Risks to Military Personnel
from Exposure to Depleted Uranium During and After Combat'',
which was conducted pursuant to section 716 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2391).

Amendment No. 35 Offered by Mr. King of Iowa

The text of the amendment is as follows:

Page 401, after line 14, insert the following new section:

SEC. 947. 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 National Guard a clearer voice in policy and
budgetary discussions in the Department of Defense; 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

[[Page H4749]]

Secretary shall submit to Congress such report, along with
any explanatory comments the Secretary considers necessary.

Amendment No. 36 Offered by Ms. Matsui

The text of the amendment is as follows:

At the end of subtitle E of title V, add the following new
section:

SEC. 5__. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT
AMOUNTS.

(a) Correction and Payment Authority.--During the period
beginning on January 1, 2009, and ending on June 30, 2009,
the Secretary of the Army may--
(1) 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; and
(2) pay such amounts as the Secretary considers necessary
to ensure fairness and equity with regard to the request if
the Secretary determines that the correction of the records
is appropriate.
(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.

Amendment No. 37 Offered by Mr. DeFazio

The text of the amendment is as follows:

At the end of title VIII, add the following new section:

SEC. 849. MOTOR CARRIER FUEL SURCHARGES.

(a) Pass Through and Disclosure.--Chapter 157 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2652. Motor carrier fuel surcharges

``(a) Pass Through to Cost Bearer.--In all carriage
contracts in which a fuel-related adjustment is provided for,
the Secretary of Defense shall require that a motor carrier,
broker, or freight forwarder providing or arranging truck
transportation or service using fuel for which it does not
bear the cost pay to the person who bears the cost of such
fuel the amount of all charges that relate to the cost of
fuel that were invoiced or otherwise presented to the person
responsible directly to the motor carrier, broker, or freight
forwarder for payment for the transportation or service.
``(b) Disclosure.--The Secretary shall require in a
contract described in subsection (a) that a motor carrier,
broker, or freight forwarder providing or arranging
transportation or service using fuel not paid for by it
disclose any fuel-related adjustment by making the amount of
the adjustment publicly available, including on the Internet.
``(c) Regulations.--The Secretary shall prescribe
regulations to ensure contracts described in subsection (a)
include measures necessary to ensure enforcement of this
section.''.
(b) Conforming Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following: new item:

``2652. Motor carrier fuel surcharges.''.

Amendment No. 38 Offered by Mr. Turner

The text of the amendment is as follows:

Page 481, after line 13, insert the following:

SEC. 1110. 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 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)) as a Department of
Defense science and technology reinvention laboratory.''.

Amendment No. 39 Offered by Mr. Stupak

The text of the amendment is as follows:

Add at the end of subtitle D of title VI, the following new
section:

SEC. 6__. ELIGIBILITY FOR DISABILITY RETIRED PAY AND
SEPARATION PAY OF CERTAIN FORMER CADETS AND
MIDSHIPMEN WITH PRIOR ENLISTED SERVICE.

Section 1217(a) of title 10, United States Code, is amended
by striking ``incurred after October 28, 2004.'' and
inserting ``incurred--
``(1) after October 28, 2004; or
``(2) after January 1, 2000, in the case of a cadet or
midshipman who was discharged from an enlisted grade in order
to accept an appointment as a cadet or midshipman.''.

Amendment No. 41 Offered by Mr. Everett

The text of the amendment is as follows:

At the end of title subtitle E of title V, insert the
following new section:

SEC. 5__. 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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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--

[[Page H4750]]

``(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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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:

[[Page H4751]]

``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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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 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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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.--(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

[[Page H4752]]

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 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 curriculum leading to that degree is accredited
by the appropriate civilian academic accrediting agency or
organization, 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, redesignation or termination
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, redesignation or
termination and any subsequent recommendation of the
Secretary of Education on the proposed modification,
redesignation or termination.
``(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 curriculum leading to 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.--This section shall apply to any degree
granting authority established, modified, redesignated or
terminated on or after the date of enactment of this Act.

Amendment No. 44 Offered by Mr. Blumenauer

The text of the amendment is as follows:

At the end of subtitle B of title III, add the following
new section:

SEC. 314. DETECTION INSTRUMENT TECHNOLOGY RESEARCH AND
DEPLOYMENT OF RESULTING DETECTION INSTRUMENTS
AND TECHNOLOGICAL IMPROVEMENTS.

(a) Research Required.--The Secretary of Defense shall--
(1) make the research, development, testing, and evaluation
of technology related to unexploded ordnance detection a
priority; and
(2) accelerate the transition of promising detection
instrument technology across the Department of Defense.
(b) Deployment and Training.--The Secretary shall
facilitate the deployment of unexploded ordnance detection
instrument technology developed through research funded by
the Department of Defense or developed by entities other than
the Department of Defense. The Secretary may consider
allocating a portion of the amount appropriated for such
research and development activities to assist in the training
of operators of unexploded ordnance detection instruments on
the use of new detection instruments.
(c) Report.--Not later than February 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 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 companies
involved in the detection of unexploded ordnance.
(6) Activities undertaken by the Department to raise public
awareness regarding unexploded ordnance.
(d) 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.

Amendment No. 47 Offered by Mr. Ortiz

The text of the amendment is as follows:

At the end of title I, add the following new section:

SEC. 144. 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. The report shall include--
(1) an assessment of the Navy Strategic Planning Study
concerning future jet carrier trainer requirements;
(2) an assessment of studies conducted by independent
organizations concerning future jet carrier trainer
requirements;
(3) a cost-benefit analysis of creating a new program to
fulfill future jet carrier trainer requirements;
(4) a cost-benefit analysis of modifying current programs
to fulfill future jet carrier trainer requirements; and
(5) a plan to address future jet carrier trainer
requirements beginning fiscal year 2010.

Amendment No. 48 Offered by Mr. Kennedy

The text of the amendment is as follows:

At the end of subtitle A of title VII, add the following
new section:

SEC. 708. RESERVE COMPONENT BEHAVIORAL HEALTH CARE PROVIDER
LOCATOR AND APPOINTMENT ASSISTANCE
DEMONSTRATION PROJECT.

(a) Demonstration Project.--The Secretary of Defense shall
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 of the Armed Forces.
(b) Elements.--The demonstration project shall include, at
a minimum, a toll-free hotline, staffed and available 24
hours a day 7 days a week, to help members of the reserve
components find behavioral health care providers and schedule
outpatient appointments in the TRICARE network.
(c) Eligibility.--In order to be eligible for the
demonstration project, a member of the Armed Forces shall
meet the following requirements:
(1) Be a member of the Selected Reserve.
(2) Be enrolled in TRICARE Reserve Select.
(d) Implementation.--The demonstration project shall be
implemented not later than 180 days after the date of the
enactment of this Act.
(e) Sunset.--The authority for the demonstration project
required by this section shall expire on September 30, 2011.
(f) Reports.--The Secretary of Defense shall submit to the
congressional defense committees the following reports:
(1) Plan.--Not later than 90 days after the date of the
enactment of this Act, a report containing a plan to
implement the demonstration project required by this section.
(2) Updates.--Not later than 180 days after such date of
enactment and every 180 days thereafter, a report containing
an update on the demonstration project.
(3) Final evaluation.--Not later than January 1, 2012, a
report containing a final written evaluation, including
recommendations for the extension or expansion of the
demonstration project.

Amendment No. 49 Offered by Mr. Israel

The text of the amendment is as follows:

Add at the end of subtitle B of title III the following new
section:

SEC. 314. CLOSED LOOP RECYCLING FOR MOTOR VEHICLE LUBRICATING
OIL.

(a) Study and Evaluation.--Not later than 90 days 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 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 closed loop
recycling of used oil as a means of reducing total indirect
energy usage and greenhouse gas emissions.
(b) Implementation.--To the extent that the evaluation
included in the report submitted under subsection (a)
indicates that closed loop recycling of used motor vehicle
lubricating oil can reduce total indirect energy usage and
greenhouse gas emissions without significant increase in
overall cost to the Department of Defense, the Secretary
shall implement policies to require closed loop recycling of
used oil whenever feasible.
(c) Definition.-- For purposes of this section, the term
``closed loop recycling'' means

[[Page H4753]]

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.

Amendment No. 54 Offered by Mr. Carney

The text of the amendment is as follows:

Page 187, after the matter at the end of the page, add the
following (and make such technical and conforming changes as
may be appropriate):

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

It is the sense of the 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).

Amendment No. 57 Offered by Mr. Yarmuth

The text of the amendment is as follows:

At the end of subtitle B of title XII of the bill, add the
following new section:

SEC. 12XX. DECLARATION OF POLICY RELATING TO STATUS OF FORCES
AGREEMENTS BETWEEN THE UNITED STATES AND IRAQ.

(a) Declaration of Policy.--It shall be the policy of the
United States to ensure that any agreement between the United
States and the Republic of Iraq relating to the legal status
of United States military personnel or the establishment of
or access to military bases includes as part of the agreement
measures requiring the provision of support by the Government
of Iraq for United States Armed Forces stationed in Iraq.
(b) Support Described.--Support referred to in subsection
(a) may include the provision of financial or other types of
support to assist United States Armed Forces stationed in
Iraq in the conduct of their assigned mission.
The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman
from Missouri (Mr. Skelton) and the gentleman from California (Mr.
Hunter) each will control 10 minutes.
The Chair recognizes the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, I urge the Committee to adopt the
amendments en bloc, all of which have been examined by the majority as
well as the minority.
Mr. Chairman, I yield at this time 1 minute to my friend from
Maryland, from the Armed Services Committee (Mr. Cummings).
Mr. CUMMINGS. Mr. Chairman, I rise today in support of H.R. 5658, and
I thank Chairman Skelton and Ranking Member Hunter for including a
vital amendment introduced by myself and Congresswoman Watson
concerning the United States Coast Guard as part of the en bloc.
This amendment would ensure that the U.S. Coast Guard is represented
on the Senior Military Leadership Diversity Commission, created in
section 595 of H.R. 5658.
As chairman of the Coast Guard and Maritime Transportation
Subcommittee, I am committed to expanding diversity throughout the
United States Coast Guard. With merely 22 minorities in a graduating
class of 222 cadets at the Coast Guard Academy, including them in the
commission is imperative.
I am proud to say that this amendment brings us closer to achieving
diversity in the senior leadership levels in all of the services,
something that the Tuskegee Airmen only dreamed about nearly 67 years
ago.
I urge my colleagues to vote in favor of the en bloc and final
passage of this great bill.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from
Indiana, distinguished ranking member of the Veterans' Affairs
Committee (Mr. Buyer).
(Mr. BUYER asked and was given permission to revise and extend his
remarks.)
Mr. BUYER. Mr. Chairman, in the fall of 2005, I had the House
Veterans' Affairs Committee track OIF and OEF dental costs in the VA.
In the fall of 2006, I requested the Army to report on and document
Army reserve component dental demobilization treatment costs.
The Army Medical Command tasked its DENCOM to then study and document
demobilization dental treatment requirements no later than 30 November,
2006. This study was considered insufficient by the then Surgeon
General, General Kiley. We then spoke. He then instituted another study
that was conducted in the fall of 2007.
I was briefed on the second study this past February by the Chief of
the Army Dental Corps in San Antonio, Texas, and considered this study
seriously flawed in its methodology, study construct, and assumptions.
The DENCOM told me that dental care during demobilization was not their
mission.
Shockingly, I then called upon General Cody, the Vice Chief of Staff
of the Army; and Lieutenant General Schoomaker, the Army Surgeon
General, the next day to express my concerns with the study and the
lack of mission concern by the General of the Army Dental Corps for the
demobilization dental requirements of our returning soldiers.
General Cody then quickly convened a study group to identify options
and expeditious solutions to provide the same level of mobilization and
demobilization dental care to the reserve components as it provides to
the active component. General Cody signed the decision brief that
recognizes and funds this serious gap in reserve component dental care.
He signed the two decision memos last Friday, the day after the Armed
Services Committee marked up the bill. I spoke then with the Vice Chief
of the Army on Friday.
The amendment that I offer fully supports General Cody's decision to
fund $22.3 million for mobilization and $8.5 million for demobilization
of the reserve component dental readiness for fiscal year 2009. General
Cody's decision will fund 2008 requests out of existing funds resulting
in a rapid, measurable improvement, I believe, in overall reserve
component readiness.
In an informal request of CBO, I've been informed that this amendment
will have no impact on direct spending revenues.
I would like to thank Chairman Skelton,, Ranking Member Hunter
Congresswoman Susan Davis, Congressman John McHugh, and Congressman Vic
Snyder, as well as the staff of the Armed Services Committee for their
hard work on this issue, and I urge my colleagues to support my
amendment.

{time} 1430

Mr. SKELTON. Mr. Chairman, I yield 1 minute to my friend, the
gentlelady from California (Ms. Watson).
Ms. WATSON. Mr. Chairman, I rise to speak on the Watson-Cummings
amendment to section 595 of the National Defense Authorization Act. Our
amendment would strengthen the Senior Military Leadership Diversity
Commission by including the U.S. Coast Guard as part of the
commission's membership and including them in the overall scope of the
study.
The U.S. Coast Guard has the worst diversity rates among minority
commissioned officers of the Armed Forces. The Coast Guard's membership
on the commission would help ensure that the study provides insight
into ways to increase the number of minority senior commissioned
officers within the services.
Mr. Chairman, I thank Representative Cummings for working with me on
this amendment, and ask our colleagues to support diversity within the
Armed Forces by supporting this amendment.
Mr. HUNTER. Mr. Chairman, we have no more speakers, and we would
yield back the balance of our time.
Mr. SKELTON. I yield 2 minutes to my colleague and good friend, the
gentleman from California (Mr. Farr).
Mr. FARR. Mr. Chairman, I would like to rise today to congratulate
the committee chair, Ike Skelton, and the ranking member, Duncan
Hunter, for producing a bill that includes a component that may not be
a traditional national defense item but will certainly make our Nation
more secure.
I would further like to thank Vic Snyder, Mac Thornberry, and Foreign
Affairs Committee Chairman Howard Berman for making sure the military
will have a strong and capable civilian partner to do stabilization
work in the future.
Mr. Chairman, included within this en bloc amendment is a provision
that will improve what is already a very good bill. For nearly half a
decade, Members of Congress and foreign policy experts have been
wringing their hands about our civilian capacity to effectively conduct
stabilization and reconstruction operations.
Now, in a bipartisan fashion, in this bill and with this en bloc
amendment, we are strengthening our government's ability to respond to
crisis by standing

[[Page H4754]]

up a civilian response corps. Our Nation must do a better job, not just
in waging wars, but also in winning the peace. If we cannot translate
security gains into economic growth, social well-being and justice and
reconciliation, all of the military power in world cannot secure long-
term peace and prosperity for the world.
This bill, together with this en bloc amendment, will improve our
Nation's ability to win the peace. I encourage all the Members to
support the en bloc amendment.
Mr. SKELTON. I yield 1 minute to my friend, the gentleman from Oregon
(Mr. DeFazio).
Mr. DeFAZIO. I thank the chairman and the ranking member for their
support on this amendment. It's quite simple. The Department of Defense
spends nearly $1 billion a year moving freight and cargo around the
United States of America. Much of that moved on truck. Many shippers
these days, or brokers, are charging shippers, including the Department
of Defense, a fuel surcharge or a fuel-related adjustment, as DOD calls
it.
It has come to the attention of the Surface Transportation
Subcommittee that oftentimes those surcharges that are charged to the
shippers are not passed on to the truckers who have got to buy the
fuel. Hundreds of trucking firms have gone out of business this year.
We are looking at record diesel prices.
This amendment simply says that when DOD is charged a fuel-related
adjustment, a fuel surcharge, that that must be passed on to the person
who has to buy the fuel, generally the trucker, and it has to be posted
visibly on the Internet by the broker so that it is known to the
trucker and others who purchase the fuel that a fuel surcharge was in
place.
I thank the gentleman for his support on this important issue.
Mr. SKELTON. Madam Chairman, I yield 1 minute to our colleague, the
gentleman from Kentucky (Mr. Yarmuth).
Mr. YARMUTH. Madam Chairman, I rise on behalf of Mr. Klein of Florida
and myself to offer an amendment to the fiscal year 2009 National
Defense Authorization Act, requiring Iraq to help support our troops
stationed in their country.
Oil revenues have helped generate a multibillion-dollar surplus in
Iraq that is expected to reach $180 billion within 3 years. Still,
American taxpayers send $339 million to Iraq each day, money that can
be invested here, as gas prices are soaring, education is lagging,
health care is increasingly out of reach, and everywhere American
families are struggling.
When the administration negotiates a Status of Forces Agreement this
year, this amendment will require them to negotiate commonsense terms
for Iraq to provide support for our military operations on their soil.
This arrangement could be similar to the plan we have with South Korea,
where they pay our security costs, or in Japan, which pays for 75
percent of the cost of maintaining troops and grants U.S. base rights.
Whatever the arrangement, this amendment would ensure that Americans
no longer have to shoulder the burden alone. I urge my colleagues to
join me in supporting this amendment.
Mr. SKELTON. I yield 1 minute to my friend, the gentleman from Oregon
(Mr. Blumenauer).
Mr. BLUMENAUER. I appreciate the gentleman's courtesy.
We take great pride in the United States, being the best fighting
force the world. However, as a result of the training, bombs and shells
that have failed to explode during exercises are located in every State
of the Union on millions of acres of land. The cleanup of the 3,500
military Munitions Response Program sites alone is going to cost over
$20 billion, and at the current rate, take 200 to 300 years.
Unexploded ordnance technologies and levels of funding are clearly
inadequate. Refining detection technologies will significantly reduce
cleanup costs and allow for more rapid cleanup. This amendment moves us
in the direction by making research and development of UXO detection a
priority, facilitates the deployment of this in the field where it's
needed through partnership with outside entities and training of
skilled operators. It requires the Department of Defense to provide a
detailed review of its activities in this area by February, 2009.
I deeply appreciate the cooperation of the committee in leveraging
scarce funding for environmental remediation and the focus of the
Department's efforts to clean up the millions of unexploded ordnance in
our lands and waters. We will save money, protect the environment, and
make our soldiers safer.
Mr. SKELTON. At this time, I yield 1 minute to my friend and also a
member of the Armed Services Committee, the gentlelady from New
Hampshire (Ms. Shea-Porter).
Ms. SHEA-PORTER. I would like to thank my colleague and my friend
from Rhode Island for his hard work to bring this bill to the floor.
Mr. Patrick Kennedy has been an advocate for improving health care in
the Congress, a tradition that we know is a very proud family legacy.
This amendment will provide for a new pilot program that connects
Reservists to behavioral health care that they need. It will establish
a call center that is available to assist servicemembers and their
families around the clock.
This commonsense provision helps us fulfill the promises that we have
made to care for our troops. I am proud to be here with my friend from
Rhode Island to offer it.
Mr. SKELTON. Madam Chairman, I yield 1 minute to my friend, the
gentleman from Rhode Island (Mr. Kennedy).
Mr. KENNEDY. I would like to thank my good friend and colleague,
Congressman Carol Shea-Porter, for working with me on this amendment.
Before I speak about this important amendment, I'd like to thank all of
my colleagues on both sides of the aisle for their great expression of
support for me and my family over the last several days. It means so
much to me and to my family that all of you have kept us in your
prayers.
I'd like to say on behalf of this amendment my gratitude to the
chairman and to the ranking member for their support for our troops,
our Guard and Reserve, who are carrying the brunt of this battle in
Afghanistan and in Iraq, and for whom we are just trying to extend this
24-hour suicide hotline so as to provide them the same extensive care
and outreach that we have now provided those others of our veterans who
now have benefited from such a hotline in our VA.
I think this is an appropriate addition to this DOD bill, and I am
glad to see that it's adopted in this bill. I thank the chairman for
including it in this bill.
Mr. SKELTON. I yield 1 minute to the gentleman from Washington (Mr
Inslee).
Mr. INSLEE. I want to thank Chairman Skelton for his help. A couple
of amendments, one en bloc, will help advance the cause of efficiency
and environmental responsibility. In this amendment we have an
amendment that will encourage the DOD to look at systems to save energy
in their computer networks. We have the ability to reduce our electric
usage 20 to 30 percent. That helps us in our load growth.
It's a great amendment. I want to thank the Chair. Later today we
will have an amendment that will assist the service to move forward to
judge our global warming emissions as well, and our procurement policy.
A great thing for the environment, great thing for the service as part
of our universal effort to advance several causes.
I want to thank the Chair for getting both of these in there.
Mr. SKELTON. I thank the gentleman from Washington.
Mr. POE. Madam Chairman, I am proud to introduce this Amendment with
Congresswoman Louise McIntosh Slaughter.
Nearly 3 years ago, a distraught father contacted my office asking
for help for his daughter, Jamie Leigh Jones. Jamie was a 20 year old,
KBR contractor in Iraq. After only 4 days in the Green Zone, Jamie was
drugged and gang-raped by her coworkers. When she woke up in the
morning, she was naked, bruised, and bleeding. She saw 1 of her
coworkers beside her and he confirmed that they had unprotected sex.
She immediately contacted her supervisors and was taken to an Army
hospital, where an Army doctor performed a rape kit. Rape kits are
essential in future prosecutions because they preserve forensic
evidence. The Army doctor took photographs of Jamie and informed Jamie
that she was raped by multiple men. She has had reconstructive surgery.

[[Page H4755]]

What happened next is appalling. Jamie was locked in a guarded
shipping container for 24 hours. Her supervisors told her this was for
her safety, but she was not provided food or water and she was not
allowed to contact anyone. Jamie finally convinced a sympathetic guard
to let her use his cell phone and Jamie called her dad for help.
After speaking with Jamie's father, my staff and I contacted the
State Department and within 2 days, 2 agents from the State Department
had rescued Jamie.
Since Jamie's return in America, she has not had justice. Although a
grand jury was finally convened, 2\1/2\ years later, there is still no
indictment. We learned that Jamie's important rape kit was turned over
to her employer, KBR, instead of to the proper law enforcement
personnel. KBR then lost and recovered the rape kit, but it is
incomplete. KBR has stonewalled cooperation with authorities on the
investigation regarding what occurred to this and other victims in
Iraq.
This Amendment is very straight forward. It requires defense
contractors in Iraq and Afghanistan to report violent crimes committed
against or by their contracted employees to the Department of Defense
and that the information must be made public. It also requires defense
contractors to provide for victims with medical and psychological
assistance.
This Amendment is one step in the right direction for bringing
justice to victims. And that's just the way it is.
Mr. VAN HOLLEN. Madam Chairman, I rise today in strong support of the
National Defense Authorization 2009.
This bipartisan bill authorizes $531 billion for the DoD and national
defense programs of the Department of Energy and reflects Congress'
commitment to supporting our troops and their families while protecting
the national interests of the United States and improving the oversight
and accountability of funding for operations in Iraq and Afghanistan.
I believe passage of this bill will be welcome news to our service
members and their families. To help our troops readjust to civilian
life and to help military families deal with the economic pressures
here at home as a spouse serves overseas, the bill provides a 3.9
percent pay raise for all servicemembers and extends the President's
authority to offer bonuses and other incentive pay. The bill provides
tuition assistance to help military spouses establish their own
careers, authorizes funds to assist area schools with large enrollments
of children from military families, and reverses the rise in health
care costs by prohibiting fee increases in TRICARE and the TRICARE
pharmacy program.
As a member of the House Oversight and Government Reform Committee,
where oversight of war contracting has been a priority, I am encouraged
by language in the bill to increase transparency and accountability of
federal contracts. The Defense Department has made over 180,000
payments to contractors from offices in Iraq, Kuwait, and Egypt. These
payments are for everything from bottled water to assault rifles. But
due to poor DoD accountability and oversight, billions of dollars of
taxpayer money are unaccounted for or have simply gone missing.
Today, the DoD Deputy Inspector General told the Oversight and
Government Reform Committee that, after reviewing approximately $8.2
billion in Defense spending in Iraq, they estimate that the Department
failed to properly account for $7.8 billion. Additionally, the IG
reported that the Defense Department has paid $135 million to Britain,
South Korea, Poland, and other countries to conduct their own
operations in Iraq. The DoD Inspector General tried to find out what
this money was used for, but could find no answers.
The bill addresses the lack of accountability in war contracting in
two ways. First, by requiring a separate budget request for operations
in Afghanistan and Iraq, it will be easier for Congress and American
people to follow more closely how U.S. tax dollars are being spent.
Second, with the passage of the Waxman amendment to the bill, anti-
fraud measures will be enhanced and transparency in contracting
Increased by limiting the use of abuse-prone contracts and by
rebuilding the federal acquisition workforce.
I am also supporting this bill for the assistance it provides the
many thousands of federal employees who work for the DoD and who are
fearful of administration efforts to use the OMB A-76 Circular to
compete out their jobs. I am pleased that I was able to help ensure
that the 2008 National Defense Authorization Act included a provision
that prohibits the Pentagon from undertaking, preparing for,
continuing, or completing public-private competitions of federal jobs
as directed by the Office of Management and Budget. The provision also
overturns the mandatory requirement that the jobs of federal employees
be re-competed every 5 years.
The Department of Defense has yet to issue guidance to the Department
to implement past congressional A-76 recommendations nor has it
listened to the recommendations of military commanders who have warned
that these A-76 competitions are harming the Pentagon's mission. So,
the National Defense Authorization Act again urges the Pentagon to
immediately implement guidelines recommended by Congress.
Like most bills, this one contains provisions that I would not have
included. However, on balance it is a good bill that strengthens our
national security.
Mr. KLEIN of Florida. Madam Chairman, I rise today to support the
amendment that I authored with my friend, Congressman John Yarmuth of
Kentucky.
Although some of my colleagues and I have differing views on our
strategy in Iraq, one thing is clear: after five years and $600 billion
of American taxpayer dollars spent, ``enough is enough.''
That is why Mr. Yarmuth and I are offering this amendment today. Our
amendment declares that any future Status of Forces Agreement that is
negotiated between Iraq and the United States must include cost-sharing
measures so that that the Iraqi government can take more
responsibility.
With an expected Iraqi budget windfall of some $60 billion this year,
it is time for Iraq to stand up and take responsibility for its own
future.
All of our districts are feeling the pinch of tough economic times
here at home. Critical domestic priorities are being underfunded or not
funded at all.
Our amendment would help put our economy back on track and would send
a message to the Iraqi government that they must participate in their
own future.
Mr. STUPAK. Madam Chairman, I rise today in support of my amendment,
labeled Stupak #39, to extend eligibility for disability pay to certain
cadets at our military academies.
Each year, a small number of enlisted military personnel voluntarily
separate from the military in order to attend one of the military
academies. In doing so, they give up many of the privileges and
protections that came with their regular military status.
In the Fiscal Year 2005 Defense Authorization Act, Congress
recognized the sacrifices and risks that military cadets undergo by
bringing them into the military health care and disability system.
However, this protection is effective only from the date of enactment,
which was October 2004.
Enlisted soldiers who choose to leave the service today to attend a
military academy will be covered by the military disability system, but
soldiers who attended before 2004 are not.
A problem with this arrangement came to my attention in 2006 and I
have been working in Congress since then to make an effective change.
James Hildgendorf, a constituent of mine, was serving as an enlisted
soldier, and was selected to attend West Point. He de-enlisted and
became a cadet. However, while at school, he sustained severe injuries
that ended his military career.
Because he had given up his enlisted status to become a cadet, and
because he graduated prior to October 2004, he was found ineligible for
the disability pay that he would have received as an ordinary soldier.
My amendment would rectify James' situation and that of soldiers in
the same situation, by taking the changes made by Congress in 2004 and
pushing their effective date back to January 1, 2000 for personnel who
gave up their enlisted status in order to attend a military academy.
The amendment effectively extends eligibility for military disability
retired pay to individuals who left enlisted service in order to attend
a military academy between January 1, 2000 and October 28, 2004, and
who suffered a disabling injury while attending the academy.
This amendment would not affect all cadets, but it would give
recognition to the special risks taken by those enlisted men and women
who gave up their enlisted status to attend an academy prior to 2004.
The affected population would likely be relatively small. The
Congressional Research Service estimates that fewer than 575
individuals gave up military status in order to attend an academy
between 2000 and 2004, and only a small percentage of those individuals
incurred a disability at the academy. Additionally, a preliminary cost
estimate conducted by the Congressional Budget Office shows this
amendment would result in less than $500,000 in direct spending.
However, for those individuals to whom this amendment does apply, it
will make a big difference. The soldiers who are chosen to attend the
military academies are the best and brightest from among our enlisted
ranks. Congress should not continue to deny them their disability
benefits.
I urge my colleagues to join me in voting for this amendment and I
encourage members to vote for final passage of the Fiscal Year 2009
National Defense Authorization Act.
Vote ``yes'' on the Stupak amendment.
Mr. FOSSELLA. Madam Chairman, today I rise in support of my amendment
to the FY2009 Defense Authorization bill (amendment number 27),
authorizing free mailing

[[Page H4756]]

privileges for the family members of our service men and women deployed
in Iraq and Afghanistan. This amendment provides a tremendous
opportunity for us to increase the morale of our troops overseas,
which, as we are all aware, is necessary for having a confident and
motivated military.
First, I would like to thank Chairman Skelton, Ranking Member Hunter,
Personnel SubCommittee Chairwoman Davis and of course my fellow New
York colleague, Ranking Member McHugh for their help in cultivating
this amendment. I drafted this amendment in response to concerns
expressed to me by many military families that it was becoming too
costly to send regular care packages to loved ones overseas. I heard
story after story of families, already finding it hard to make ends
meet, having to spend as much as $1,500 a year to mail care packages.
Each package our men and women in uniform receive arrives with a touch
of home. Personal items in these packages, like pictures, cards and
school, projects from their children make deployments much more
bearable.
Mail from home also serves a second and important purpose providing
our military men and women with basic necessities like shampoo, foot
powder, phone cards and even the ever essential fly paper.
In my district of Staten Island and Brooklyn, local residents joined
together and raised money to help military families send these packages
over seas. I was inspired by the outpouring of support for our service
men and women in Dyker Heights, Brooklyn, where postal service
employees raised money to cover the postage for every package sent to
our troops. In Staten Island, residents formed Staten Island Project
Homefront, Incorporated: a non-profit organization dedicated to serving
our deployed troops and their families by sending thousands of care
packages to the troops in theater. This month alone, over 200 packages
were mailed overseas by this group with a postage cost of over $2,000.
It was these acts of great generosity and patriotism which prompted
me to advocate for this essential program in Congress.
This amendment has received the support of organizations such as the
VFW, American Legion, and the National Association of Uniformed
Services. To quote the VFW, ``letters and packages from home do wonders
in boosting the morale of our men and women serving in harms way, and
high morale transfers to combat ready and effectiveness.'' Comments
such as this, I whole heartedly agree with.
I recently heard from Debbie Parsons from Staten Island; Debbie had
two sons in the Marine Corps serving in Iraq; both of whom will return
for their second tours in the fall. Six days a week Debbie volunteers
her time at Staten Island Project Homefront, packing boxes to send over
to our troops. She would hear from her sons regularly and they often
request she send supplies such as snacks, Power bars, soft drinks,
books and foot powder, among other things. Prior to the donations from
Staten Island Project Homefront, the packages she sent to her sons cost
hundreds of dollars every month.
It goes without saying our servicemen and women are making enormous
sacrifices fighting the War on Terrorism and defending freedom and
liberty. They face great challenges under trying circumstances, and
often without the benefit of basic necessities like socks and foot
powder. It falls upon their families to get them these supplies and to
cover the cost of shipping them overseas. This amendment will help make
life a little better for our soldiers and ease the financial burden on
those supporting them. It is a simple way to bring a touch of home to
America's heroes overseas.
I urge my colleagues to support this amendment and provide our
military families an easier path to sending a piece of home to their
loved ones.
Mr. KING of Iowa. Mr. Chairman, I rise today to offer an amendment
asking the Chief of the National Guard Bureau to develop a report on
the effectiveness of certain Guard ``empowerment'' provisions that were
contained in the FY08 Defense Authorization Act.
Mr. Chairman, since September 11, 2001, the United States has
increasingly turned to the men and women of the National Guard to
provide much needed support in our efforts to prosecute a global war
against radical Islamic jihaddists. Answering their Nation's call to
arms, Guard units from across the country have faithfully and
courageously served in harm's way on the front lines of this historic
struggle.
The men and women of the Iowa National Guard are no different. Just
last month, constituents from my congressional district in Western Iowa
welcomed home members of the Iowa Army National Guard who returned from
deployments in Iraq. As has been the case with many Guard units across
the country, this is not the first welcome home ceremony that these
units have enjoyed in the past few years.
And yet, while the Guard is deploying many of its members to distant
battlefields, it is still expected to meet the many demands of its
domestic mission. Despite the Nation's need for men and women of the
Guard to serve on the battlefield, our State Governors must continue to
have ready access to the Guard to respond to the emergency and disaster
relief needs of their States.
There is no doubt that the services and capabilities of the Guard are
in high demand. In many respects, this is due to the fact that both
active duty commanders and governors know that when they call, the
Guard will be there. They also know that Guard members can always be
counted upon to complete their mission in the most efficient and
professional manner possible.
The many demands placed upon the Guard, however, have begun to wear
down its capabilities. To address this, Congress included several
provisions in the FY08 National Defense Authorization Act intended to
boost the standing of the Guard within the Department of Defense. The
``empowerment'' provisions included the elevation of the Chief of the
Guard Bureau from the rank of Lieutenant General to the rank of full
General. The bill also made the Guard Chief the primary advisor to the
Chairman of the Joint Chiefs on Guard matters.
In addition to these important changes, the bill also made the
National Guard a joint agency, charges the Secretary of Defense with
writing the Guard's charter, and requires that the Deputy Commander of
the Northern Command be a member of the Guard.
All of these changes, Mr. Chairman, were aimed at ensuring the
National Guard would have a clearer voice in policy and budgetary
discussions within the Department of Defense. To determine the extent
to which these empowerment provisions have accomplished this goal, my
amendment asks the Chief of the Guard Bureau to submit a report to the
Secretary of Defense analyzing the effectiveness of the empowerment
provisions. My amendment then requires the Secretary of Defense to
submit the Chief's report to Congress with the Secretary's own comments
on the matter.
Mr. Chairman, as we continue to wage a global war against radical
Islamic jihaddists, it is imperative that we give the National Guard
the resources and pull necessary to ensure it is able to remain an
integral part of this fight and to ensure it is able to carry out its
duties with respect to its domestic mission here at home. To do this,
we must see to it that we are responsive to the needs of the Guard.
With the passage of the empowerment provisions in last year's Defense
Authorization bill, we have taken some important first steps toward
addressing the 21st century needs of the Guard. But only the Guard
itself will be able to tell us if these changes have hit their mark and
are having their intended effect.
This amendment will allow Congress to get important, first-hand
feedback from the Guard on this important issue, and I ask my
colleagues to join me in supporting its passage.
Mr. BERMAN. Madam Chairman, I rise in strong support of this en bloc
amendment and want to make a few comments about Amendment #18, which
was included in this amendment.
Title XVI of H.R. H658, the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, is the text of H.R. 1084, 110th
Congress, as passed by the House on March 7, 2008, introduced by our
colleagues Sam Farr and Jim Saxton. That text differed to some degree
from the introduced text and is identical to what was reported out by
the Committee on Foreign Affairs, as I explained at the time of House
passage.
In discussions with the sponsors of this legislation in the other
body, however, certain modifications to the text were deemed desirable,
and this amendment, which has been agreed to by the Ranking Member of
the Committee on Foreign Affairs, the Gentlewoman from Florida, Ms.
Ros-Lehtinen, and by Mr. Farr, represents those changes.
I thank the Chairman and the ranking Member of the Committee on Armed
Services for supporting this amendment, which will smooth the way
towards the inclusion of title XVI in the final version of the bill.
Mr. SKELTON. I yield back the balance of my time.
The Acting CHAIRMAN (Ms. Watson). The question is on the amendments
en bloc offered by the gentleman from Missouri (Mr. Skelton).
The amendments en bloc were agreed to.

Amendment No. 6 Offered by Mr. Franks of Arizona

The Acting CHAIRMAN. It is now in order to consider amendment No. 6
printed in House Report 110-666.
Mr. FRANKS of Arizona. Madam Chairman, I have an amendment at the
desk.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

[[Page H4757]]

Amendment No. 6 offered by Mr. Franks of Arizona:
At the end of title II, add the following new section:

SEC. 2__. INCREASED AMOUNT FOR MISSILE DEFENSE AGENCY.

(a) Increase.--The amount in section 201(4), research,
development, test, and evaluation, defense-wide, is hereby
increased by $719,000,000, to be derived by increasing the
amounts, as the Secretary of Defense determines, for--
(1) the Terminal High Altitude Area Defense program;
(2) the Aegis ballistic missile defense program; and
(3) the ballistic missile defense testing and targets
program.
(b) Offset.--The total amount authorized in title II for
research, development, test, and evaluation is hereby reduced
by $719,000,000, to be derived from any account other than
the Missile Defense Agency, as determined by the Secretary of
Defense.

The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman
from Arizona (Mr. Franks) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FRANKS of Arizona. Madam Chair, I yield myself such time as I may
consume.
I rise today to urge support for my amendment to restore funding to
the Missile Defense Agency to fund against short and medium-range
ballistics missiles. My amendment restores $719 million in funding to
the Missile Defense Agency, to return the President's budget request to
$9.3 billion. My amendment directs that this $719 million be
specifically targeted toward the Theater High Altitude Area Defense
System and the AEGIS Ballistic Missile Defense Systems and the test and
targets necessary to test those systems.
I agree with the Democrats, Madam Chairman, which is pretty unusual.
I agree with the Democrats that we need to be concerned about the
threat of short and medium-range ballistic missiles to our forward-
deployed troops on the Korean peninsula, North Japan, and throughout
southwest Asia. Today, these forces are at risk of attack by thousands
of lethal ballistic missiles that may carry conventional, chemical, or,
in some cases, nuclear warheads. Our close allies, South Korea, Japan,
Israel, and Turkey are held at risk by these missiles as well.
Deployed Patriot batteries provide some limited point defense to
shield some, but not all, of our key command and control centers. We
can improve upon this very limited defense and offer a larger umbrella
of protection against ballistic missiles to our forces with area
defense. Both the land-based Theater High Altitude Area Defense system,
or THAAD, as well as the sea-based AEGIS Ballistic Missile system,
offer significant area missile defense capabilities to our theater
commanders.
I want to applaud the entire House Armed Services Committee for
increasing funding for both of these programs. Unfortunately, I fear
these increases do not do enough for our theater commanders, who cannot
get these systems deployed fast enough because they simply are not yet
available to apportion. The House Armed Services Committee has received
testimony from Admiral Keating, Commander of U.S. Pacific Command, and
General Bell, Commander of U.S. Forces in Korea, to this effect.
The administration should accelerate production of THAAD fire units
and interceptors, as well as the AEGIS 3 standard missile 3
interceptors to adequately source the combatant commands with area
defense against short and medium-range or theater class ballistic
missiles.

{time} 1445

The committee has authorized $75 million above the President's budget
for each of these programs, but I am concerned that this increase will
not deliver capability to the warfighter soon enough in the most
expeditious manner. The short and medium-range ballistic missile threat
exists today, and we can procure more interceptors to defend our troops
in harm's way.
Mr. Chairman, very simply, probably one of our best hedges against
proliferation of nuclear arms today in the world is missile defense,
and it is very important that we do everything we can to be prepared
for any eventuality. So I offer this amendment and urge the support of
my colleagues.
I reserve the balance of my time.
Mrs. TAUSCHER. Mr. Chairman, I rise in opposition to the Franks
amendment and claim the time in opposition.
The Acting CHAIRMAN (Mr. Ross). The gentlewoman from California is
recognized for 10 minutes.
Mrs. TAUSCHER. Mr. Chairman, I rise in opposition to the Franks
amendment. This amendment would increase fiscal year 2009 funding for
the Missile Defense Agency by $719 million, back up to the level of the
President's budget request. The Bush administration's request of $9.3
billion in fiscal year 2009 for the Missile Defense Agency already
represents an increase of $680 million above last year's funded level.
With prudent reductions and selected increases, H.R. 5658 authorizes
$8.6 billion in FY 2009 for the Missile Defense Agency, roughly
equivalent to the fiscal year 2008 level. We provide increases in
funding for assistance geared to current threats, like Aegis BMD,
THAAD, the missile defense testing program and missile defense
cooperation with Israel, all of these by $185 million. At the same
time, we make prudent reductions to longer-term, less-mature systems,
like the Multiple Kill Vehicle and the Airborne Laser.
Unfortunately, the Franks amendment would unravel the thoughtful work
of the committee. First, Mr. Franks proposes that the offset would come
from any Pentagon research and development account, except the Missile
Defense Agency, unfairly placing missile defense programs above all
other R&D priorities.
Second, it is unlikely that the proposed increase in the funding for
the programs outlined in this amendment can be executed in fiscal year
2009.
Third, and perhaps more important, the amendment is inconsistent of
section 223 of the fiscal year 2008 National Defense Authorization Act,
which requires that procurement funds be used for procurement
activities, not research and development activities.
Also, as written, the amendment would not allow any of the funding to
be used for additional THAAD or Aegis Standard Missile Interceptors,
because it provides only research and development funding.
Mr. Chairman, H.R. 5858 provides our warfighters the real
capabilities to meet the real threats to our homeland, deployed forces
and allies. It also makes prudent reductions to systems geared to less
urgent threats, ensuring that other important national defense
priorities, such as readiness, strategic programs and nonproliferation
efforts, are well-funded.
The House defeated a similar floor amendment last year, and I urge my
colleagues to oppose this amendment.
I reserve the balance of my time.
Mr. FRANKS of Arizona. Mr. Chairman, I now yield 3 minutes to the
distinguished gentleman from Texas (Mr. Sessions).
Mr. SESSIONS. Mr. Chairman, I rise today in support of the gentleman
Mr. Franks' amendment. Mr. Franks serves along with myself as
cochairman of the Missile Defense Caucus.
This amendment restores critical funding to our layered missile
defense system, which protects the United States and its allies from
short and medium-range ballistic missiles. This bill that we have heard
talked about cuts funding for missile defense to $719 million below the
President's budget request of $9.3 billion, an unacceptable funding
level to provide for our national defense.
The Democrats' authorization to the Aegis Ballistic Missile Defense
System would not even cover the expenses incurred by the Missile
Defense Agency to conduct what was recently the shootdown of the US-193
satellite, which cost the agency upwards of $100 million. I would add
that the very recent successful shootdown of the satellite is evidence
of the successes and importance of the missile defense program and the
ongoing necessity to make sure these programs are fully funded and in
development.
The Democrats have also authorized inadequate funding for the THAAD,
or Theater High Altitude Area Defense System. I think it is an
embarrassment that out of the $890 million requested for the project by
the administration, only $75 million was authorized for THAAD; $75
million out of $890 million requested.

[[Page H4758]]

Finally, my friends in the Democrat majority inserted language into
the bill that requires the Secretary of Defense to certify that the
two-stage intercepter missile proposed for the European site ``has
demonstrated through successful, operationally realistic testing, a
high priority of operating in an operationally effective manner and the
ability to accomplish the mission.''
Unfortunately, the Democrats only provide an additional $25 million
for these tests and targets. This not-so-subtle attempt to starve the
program puts our country at risk and it is an attempt that I oppose.
Congressman Franks' amendment restores the $719 million to our
missile defense program, putting the necessary defense capacities in
the hands of our commanders and providing for the continued success of
our short and medium-range ballistic missile program.
Mr. Chairman, I believe this is a matter of national security and it
is very important, and I urge all of my colleagues to support this
amendment.
Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may
consume prior to introducing my colleague from Washington.
I just wanted to correct the record. My colleague from Texas must
have very old talking points. The subcommittee increased the money for
both THAAD, a $75 million increase above the President's budget, and
Aegis BMD, $75 million over the President's budget. So what the
gentleman just said is totally incorrect.
I would now like to yield 3 minutes to my friend and colleague, the
gentleman from Washington (Mr. Larsen), who is a very valuable member
of the Armed Services Committee and a member of the Subcommittee on
Strategic Forces.
Mr. LARSEN of Washington. Mr. Chairman, I rise in opposition to this
proposed amendment. As we have noted, this amendment seeks to increase
fiscal year 2009 funding for the Missile Defense Agency by $719 million
to the level of the budget request. The administration did in fact
request $9.3 billion in fiscal year 2009 for MDA, an increase of $680
million above the 2008 funded level. This bill authorizes $8.6 billion
in 2009 for the Missile Defense Agency, roughly equivalent to the 2008
level. Furthermore, this bill provides our warfighters with the
capabilities that they need to respond to the real missile threats to
our homeland, our deployed forces and our allies.
For example, this bill increases funding for systems geared to near-
term threats such as Aegis BMD and THAAD. And to clear up that
misunderstanding that I believe we heard on this side of the aisle,
this bill actually increases Aegis and THAAD $75 million each above the
President's request; not a total of $75 million, but $75 million above
the request each for Aegis and THAAD. Also, we improve the missile
defense testing program and cooperation with Israel.
I have a number of concerns about the proposed amendment. First, this
amendment is an attempt to restore the reduction to the MDA, but this
is at a time when we have so many other unmet national security needs
that equally meet the standard of providing for the common defense, and
the House defeated a similar floor amendment last year.
Second, the proposed offset would come from the RDT&E account, except
for the Missile Defense Agency, unfairly placing that agency above all
other critical RDT&E priorities.
Third, it is my understanding as well that it is unlikely that the
proposed increase in funding for the programs outlined in this
amendment are even executable in fiscal year 2009.
Fourth, the amendment is inconsistent with section 223 of the 2008
Defense Authorization Act, which states that RDT&E funding in 2009 may
not be used for ``procurement or advance procurement of long-lead items
for THAAD firing units 3 and 4, and for Standard Missile-3 Block 1A
interceptors.'' Therefore, as written, the amendment would not allow
any of the funding to be used for THAAD, additional THAAD, or SM-3
Block 1A.
Mr. Chairman, this bill provides a well-balanced approach to missile
defense, and it provides a well-balanced approach when balanced against
other key national security needs overall in our defense budget such as
readiness, strategic programs and nonproliferation, all of which are
well-funded as well.
I urge my colleagues to defeat the proposed amendment.
Mr. FRANKS of Arizona. Mr. Chairman, this bill being labeled the
Duncan Hunter National Defense Authorization Act, named after the
distinguished ranking member of our committee, who has been the former
chairman for a long period of time, he has been here for 26 years, he
should have been chairman for that time, I now yield to the gentleman
from California, it is my honor, perhaps for the last time, to yield to
him for 1 minute.
Mr. HUNTER. I thank my great colleague for yielding to me.
My friends, this is the age of missiles. The people that we listen to
so carefully in our hearings are the combatant commanders. Those are
the guys who are in charge of running military operations in the case
of an attack on the United States or a military operation or a
contingency.
Our combatant commanders have reported to us that we are short
missile defense. Specifically, they have said that we should nearly
double the inventory of THAAD and Aegis Standard Missile Interceptors.
And I quote from Admiral Keating. He said increased inventories are
needed, and he goes through these short-range BMD systems that are so
key to countering this emerging threat, like the one that is coming
from North Korea, like the Shahab-3 being developed now by Iran, and by
the increasing short-range and medium-range ballistic missile
inventories around the world.
This is crucial to the survival of our troops in theater and to the
survival of the United States in wars that are going to occur in the
future, and in the least we should listen to the combatant commanders
and plus these inventories up. That is what the gentleman from
Arizona's amendment does, and I would recommend it to all Members.
Vote ``yes'' on Franks.
Mrs. TAUSCHER. Mr. Chairman, I am happy to yield 2 minutes to my
friend and colleague, the gentleman from South Carolina (Mr. Spratt), a
senior member of the Armed Services Committee and the chairman of the
Budget Committee.
Mr. SPRATT. Mr. Chairman, I rise in opposition to the Franks
amendment. This amendment would increase fiscal year 2009 funding for
the Missile Defense Agency, MDA, by $719 million, backing up the bill
to the level of the budget request. The administration asked for $9.3
billion in fiscal year 2009. This represented an increase of $680
million above the 2008 level.
With prudent reductions and selected increases, this bill authorizes
$8.6 billion, a substantial sum of money for the Missile Defense
Agency, which is roughly equivalent to the level of current spending.
We provide for increases in funding for systems that are geared to
current threats, like the Aegis BMD and THAAD systems that the
combatant commanders have told us they need and need now. At the same
time, we make prudent reductions in longer-term, less-mature vehicles
like the Multiple Kill Vehicle and the Airborne Laser.
We don't know, looking at this amendment, that the money can really
be executed, spent wisely. Even if we do, we have to ask where is this
money coming from? We find when we look that the $719 million is coming
out of RDT&E, which is tantamount to saying that MDA, missile defense,
is over and above more important than the UAVs, more important than the
F-35 Joint Strike Fighter, the FCS, the Army's Future Combat Systems,
and the Navy's DDG-1000. A whole host of other systems that will depend
on adequate funding will be denied that funding by the $719 million hit
which this amendment would impose upon those particular systems.
This is a balanced bill. The cuts and adjustments have been made to
it so we that could come up with a system that covers our comprehensive
needs. Missile defense is just one of many. They have all been
judiciously done, and we should not disrupt the pattern of this
balanced bill by making the cuts that the gentleman would propose.
So I urge everyone to take a close look at this, but to stick with
the committee chairman's very careful and very balanced view.
Mr. FRANKS of Arizona. Mr. Chairman, I request the time remaining.

[[Page H4759]]

The Acting CHAIRMAN. The gentleman from Arizona has 3 minutes
remaining. The gentlewoman from California has 2 minutes remaining.
Mr. FRANKS of Arizona. Mr. Chairman, I now yield 1 minute to the
distinguished gentleman from Colorado (Mr. Lamborn).

{time} 1500

Mr. LAMBORN. Mr. Chairman, I rise today in support of an amendment by
my good friend, Congressman Franks of Arizona. This amendment will
restore $719 million in the defense authorization bill for missile
defense.
As Members of Congress, we have sworn an oath to provide for the
common defense of this great Nation. This amendment will do just that.
There are over 25 countries globally with ballistic missiles, and nine
of those countries have intercontinental ballistic missiles. Rogue
nations like North Korea and Iran continue to push for nuclear and
ballistic missile technologies. It is critical that we fund systems
that will deter these threats. We must provide the funding necessary to
support the warfighters. This money will specifically go to Aegis and
THAAD defense systems that we all agree, on both sides of the aisle,
are critically needed.
Should our best efforts at diplomacy fail, the U.S. cannot afford to
be without defenses.
Mrs. TAUSCHER. Mr. Chairman, I am happy to yield 1 minute to my
friend and colleague, the gentleman from Missouri (Mr. Skelton), our
distinguished chairman of the Armed Services Committee.
Mr. SKELTON. Mr. Chairman, I rise in opposition to this amendment.
In doing so, I want to reflect on the work that the subcommittees do
in the Armed Services Committee. The gentlelady from California (Mrs.
Tauscher) chairs the subcommittee that deals with this subject matter
that Mr. Franks seeks to amend. Hearings, witnesses, briefings
discussions, markups, all of that goes into the work product that this
gentlelady's subcommittee did. And for us to second-guess on anything
of this magnitude or on any subject that has been studied as thoroughly
as this one has, and I compliment all the members of that subcommittee
on the work that they did.
I think it would be improper to do so, and I do oppose this
amendment.
Mr. FRANKS of Arizona. Mr. Chairman, the $75 million increase to the
Aegis BMD that the Democrats have spoken of here does not even fund the
necessary upgrades to the Aegis weapons systems BMD signal processing
capability necessary to keep pace with the evolving short-range and
medium-range ballistic missile threat. So we are definitely not doing
enough there.
This $75 million increase to the Aegis ballistic missile defense
budget that they speak of does not even cover the expenses incurred by
the Missile Defense Agency to conduct a shootdown of the U.S. 193
satellite. This cost the agency approximately $100 million.
My Democrat friends have often stated that far-term systems are much
less important than near-term systems. So I believe it is reasonable to
assume that the RTD&E accounts are the appropriate offset for such an
amendment.
The bottom line is this: A $9.3 billion request budget from the
President has been decreased by $719 million. And in an age of
missiles, as the ranking member mentioned, this is not a time to cut
our missile defense capability. Missile defense is not only the last
line of defense against an incoming missile, perhaps with a nuclear
warhead representing the most dangerous weapon in the history of
humanity, it is the first line of defense against proliferation. And,
Mr. Chairman, proliferation I believe, given the examples that Mr.
Lamborn mentioned of Iran and others, represents the greatest threat to
human peace in the world today.
Missile defense is an opportunity for us to devalue those programs in
the hands of such enemies, and perhaps help this generation and others
to walk a little bit longer in the sunlight of freedom.
With that, I reserve the balance of my time.
Mrs. TAUSCHER. Mr. Chairman, I oppose this amendment for many
reasons. I think it is interesting that my colleague from the other
side of the aisle sloughs off the fact that we plussed up the
President's budget by $75 million for THAAD, $75 million for Aegis. But
what he doesn't want to tell anyone is that the President's budget
actually cut funding for THAAD firing units, and it wasn't until the
majority, the Democrats, went to the administration and said we thought
that was a really, really bad idea, and gave the money back to the
account. We would have been in a deeper hole.
So I think that my colleague is doing a good job supporting the
Missile Defense Agency, but that is not what our job is. Our job is to
make sure that we have a balanced portfolio of investments for the
American people and our warfighters. This mark does it. I think that is
why we have such strong support. I think that it is also important for
people to know that Mr. Franks wants to buy more Aegis and THAAD
inventory; but under the current law his amendment cannot do that
because he is using RDT&E funds. So I ask my colleagues to oppose this
amendment.
I yield back the balance of my time.
Mr. FRANKS of Arizona. Mr. Chairman, this bill emphasizes the need to
counter short- and medium-ranged missiles in five different places. The
committee report highlights that the warfighters themselves have
suggested and asked for increased inventory, and we shouldn't be
second-guessing them in a time such as we live.
Mr. LAMBORN. Mr. Chairman, I rise today in support of an amendment of
my good friend Congressman Franks. This amendment will restore $719
million to the defense authorization bill for missile defense.
As members of Congress, we have sworn an oath to ``provide for the
common defense'' of this great Nation. This amendment will do just
that. Today there are over 25 countries globally with ballistic
missiles. The number of nations currently in possession of
intercontinental missiles has increased to nine. As rogue nations like
North Korea and Iran continue to push for nuclear and ballistic missile
technologies, it is critical that we fund systems that will deter such
threats. We must provide the funding necessary to support the War
Fighters.
This money will specifically go to AEGIS and THAAD defense systems
that we all agree, on both sides of the aisle, are critically needed.
Should our best efforts at diplomacy fail, the United States cannot
afford to be without defenses. Mr. Chairman, I yield back.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Arizona (Mr. Franks).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. FRANKS of Arizona. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.

Amendment No. 23 Offered by Mr. Tierney

The Acting CHAIRMAN. It is now in order to consider amendment No. 23
printed in House Report 110-666.
Mr. TIERNEY. I have an amendment at the desk.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 23 offered by Mr. Tierney:
At the end of subtitle C of title II, add the following new
section:

SEC. 2__. MISSILE DEFENSE FUNDING REDUCTIONS TO PROVIDE
ADDITIONAL FUNDS FOR ACTIVITIES TO COUNTER
WEAPONS OF MASS DESTRUCTION AND TERRORISM.

(a) Missile Defense Funding Reductions.--The amount in
section 201(4) for research, development, test, and
evaluation, Defense-wide, is hereby reduced by $996,200,000,
to be derived from amounts for the Missile Defense agency as
follows:
(1) $100,000,000 reduction from the Airborne Laser program.
(2) $100,000,000 reduction from the Kinetic Energy
Interceptor (KEI) program.
(3) $100,000,000 reduction from the Multiple Kill Vehicle
(MKV) program.
(4) $341,200,000 from the termination of any funding for
the proposed long-range missile defense sites in Europe.
(5) $355,000,000 from the termination of any further
deployment in the Ground-Based Midcourse Defense program,
with this reduction not interfering with development or
testing activities under the program.
(b) Additional Funds to Counter Weapons of Mass Destruction
and Terrorism.--
(1) Cooperative threat reduction program.--The amount
provided in section 1302(a) for the Cooperative Threat
Reduction is hereby increased by $75,000,000.
(2) Nonproliferation and weapons of mass destruction
programs.--The amount

[[Page H4760]]

provided in section 3101(a)(2) for nonproliferation and
weapons of mass destruction programs of the Department of
Energy is hereby increased by $529,000,000, which shall be
available as follows:
(A) $50,000,000 for Global Threat Reduction Initiative.
(B) $30,000,000 for International Nuclear Materials
Protection and Cooperation program.
(C) $60,000,000 for Second Line of Defense program to
cooperate with other countries to deter, detect, and
interdict illicit transfers of nuclear and radioactive
materials at border crossings and ports.
(D) $15,000,000 for NNSA's export control assistance
program for the purpose of developing a plan for making sure
all countries fulfill their UNSC 1540 obligation to put
effective controls in place.
(E) $50,000,000 increase of conditional appropriation to
encourage Russia to blend down additional HEU, to finance
such incentives if an agreement is reached that requires such
funding.
(F) $50,000,000 for safeguards work at the Department of
Energy National Laboratories.
(G) $100,000,000 increase for non-proliferation research
and development, such as treaty monitoring and verification.
(H) $10,000,000 for completing the experimental study on
analyzing the impacts of sabotage of spent-fuel
transportation in the United States.
(I) $50,000,000 for accelerated or further dismantlement of
nuclear weapons (and removal of pits from nuclear weapons).
(J) $41,000,000 for chemical weapons destruction at the
Bluegrass facility in Kentucky.
(K) $73,000,000 for chemical weapons destruction at the
Pueblo facility in Colorado.
(c) Additional Support for Wounded Warriors and Their
Families.--
(1) Impact aid.--The amount provided in section 571 is
hereby increased by $30,000,000 to increase funding for
impact aid to help local educational agencies provide support
to students who are dependents of members of the Armed
Forces.
(2) Family support for wounded warriors.--Amounts provided
for family support of wounded members of the Armed Forces is
hereby increased by $30,000,000.
(3) Suicide prevention.--Amounts available for programs to
prevent suicides by members of the Armed Forces is hereby
increased by $30,000,000.
(4) Wounded warriors as healthcare providers.--An amount
equal to $10,000,000 is authorized to be appropriated for a
pilot program to identify and retrain wounded members as
military health professionals who would then treat and care
for other wounded members.
(d) National Guard and Reserve Shortfalls.--The balance of
amounts reduced under subsection (a), after application of
subsections (b) and (c) shall be available to increase
amounts available for the National Guard and Reserve to fund
identified shortfalls, especially in connection with homeland
security activities.

The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman
from Massachusetts (Mr. Tierney) and a Member opposed each will control
10 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. TIERNEY. Thank you, Mr. Chairman. I yield myself such time as I
may consume.
Mr. Chairman, this amendment follows a series of hearings with
eminent physicists and security experts all testifying, as well as
reports from the General Accountability Office, the Congressional
Research Service, and others on the status of our weapons programs and
their costs, together with an evaluation of the threats realistically
facing the United States.
The amendment seeks to ensure that we have appropriate resources
directed to address our most urgent risks, our most pressing national
security priorities. We seek to reallocate $996 million, just under $1
billion, to nonproliferation programs and initiatives aimed at
countering weapons of mass destruction and terrorism, to support our
wounded warriors and their families, included critical suicide
prevention programs, and to cover the National Guard and Reserve
shortfalls, especially in connection with homeland security activities.
Mr. Chairman, as you know, governing means choosing. Our amendment
allows members to consider the importance of increasing funds for our
most serious threats, those being nonproliferation of nuclear weapons
and materials and national security programs. Slightly reducing the
missile defense program's $10.1 billion budget to meet these needs is,
we believe, the right choice and the right balance.
The pressing national security threat of our time is asymmetric
action, some terror-based group attempting to introduce to United
States soil some aspect of weapons of mass destruction. Our national
intelligence experts and I think other experts all agree on that. And
it is common sense to know that such threats won't come from al Qaeda
or other groups through sophisticated intercontinental ballistic
missiles. In fact, the CIA said in 2000, and I quote, ``The United
States territory is probably more likely to be attacked with weapons of
mass destruction from nonmissile delivery means, most likely from
nonstate entities, than by missiles. September 11 only underscores the
susceptibility to asymmetric attack.
Mr. Chairman, we just don't seem to be getting that message. In 2005,
the
9/11 Commission gave the United States Government a ``D'' with respect
to our efforts to secure weapons of mass destruction, calling this, and
again I quote, ``The greatest threat to American security,'' and that
it should be, and I quote, ``the top national security priority of the
President and the Congress.''
Our amendment leaves intact funding for defenses for our troops that
they might rely upon for protection against short-range and
intermediate missiles. The reductions are solely made from high-risk
long-term research projects and from systems from which there currently
is not a pressing threat.
Experts note that with respect to the long-range programs, realistic
operational tests have yet to be successfully conducted so as to
provide any appreciable belief that they would operate efficiently. We
have plenty of funding left then for research and development, but we
decrease funds that would be putting procurement and deployment ahead
of capability. We have spent $150 billion, Mr. Chairman, on this
program already, an amount that exceeds more than our country spent on
the Manhattan Project and the Apollo Program.
The Congressional Budget Office estimates that assuming that the
Missile Defense Agency continues its present course, the taxpayers will
spend an additional $213 billion to $277 billion between now and 2025.
Mr. Chairman, we simply seek to allocate our resources so as to provide
the best defense that we need currently facing the threats that we
realistically expect might be directed at this country.
I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN. The gentleman from California is recognized for
10 minutes.
Mr. HUNTER. I yield myself 3 minutes.
My colleagues, we are in a race against those who would build
offensive missiles and in fact have built missiles.
I remember, I think it was 1987 when members of this committee, the
Armed Services Committee, sent a letter to the leadership of Israel,
and we said this--and I know this because I drafted that letter. We
said, at some point in the future--and this was 1987, before the Gulf
War. We said, you will be attacked at some point in the future by
probably Russian-made missiles coming from a neighboring country. And
even though you could defend against an aircraft attack, just as you
did in the Bekaa Valley with your F-16s, you will not be able to stop a
single incoming ballistic missile coming into Israel.
A few years later in the Gulf War, we saw just that. In fact, we saw
ballistic missiles kill Americans. Some of them were shot down by
deployed Patriots, but we saw missiles coming into Israel totally
unprotected. We saw people being rushed to the hospital not from the
effects of the missiles, but because they were so afraid that poison
gas would be on the head of those missiles launched by Saddam Hussein,
that many people went into the hospital with heart problems.
We are in a race, my friends, my colleagues, and we have seen the
manifestations of that race on the other side. We have seen those TD-2s
and those NoDong missiles and SCUD missiles launched by the North
Koreans that fell into the Sea of Japan, the TD-2 having the ability
now to reach some parts of the United States. We have seen the tests of
the Iranian Shahab-3s. We have seen now the complicity of North Korea
and Syria in developing nuclear weapons capability, which was stopped
short by a strike that was made by our allies. We know that that throat
through which the Iranian missiles might one day travel going into

[[Page H4761]]

Western Europe could be defended by the missile sites that we have now
proposed to be established in Czechoslovakia and Poland.
We are in a race. Our combatant commanders tell us that we need to
double the number of THAAD missiles and Aegis missiles. Incidentally,
those sea-based missile system are testing out very, very well. We have
had a series of successes.
The idea that we cut back on this one massive area of vulnerability,
that we cut back on defenses against this massive area of
vulnerability--and for my friends that said we want to use this money
for quality of life for our troops, ladies and gentleman, I am the
father of one of our marines who has been deployed, and let me tell you
quality of life. It is when that family that is sitting there in
Pendleton or in Savannah, Georgia, or at Fort Bragg or in Camp Lejeune
knows that their family member, their servicemember is not going to be
vulnerable to a short-range or ballistic missile attack. That gives you
quality of life, because that gives you assurance that they are going
to be able to survive that very, very real threat which is now being
developed.
This is a misplaced amendment, and I would urge everyone to vote
against it.
Mr. TIERNEY. Mr. Chairman, I recognize myself for 30 seconds.
Just to note that it is all very interesting that the gentleman just
spoke about a race that we are in. But if we are going to run a race,
let's run it wisely and let's run it to win.
The comments that the gentleman makes about Israel being susceptible
to attacks and missiles is also very interesting, but he is talking
about short- and medium-ranged missiles. My amendment doesn't address
short- and medium-ranged missiles; it addresses intercontinental
ballistic missiles, long-range missiles which have never been
operationally or realistically tested. All I am saying is, let's put
our research and development monies into the future where that may take
us on those long-range programs, and leave the money that we have for
the short- and medium-ranged ones for those threats that might
realistically exist.
I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield at this time to the gentlelady from
California (Mrs. Tauscher), the chairman of the Strategic Subcommittee,
3 minutes.

{time} 1515

Mrs. TAUSCHER. Mr. Chairman, I rise in opposition to the Tierney
amendment. The amendment seeks to reduce funding for the Missile
Defense Agency by about $1 billion beyond the $719 million that the
committee has already reduced.
I have several concerns with the amendment. Our bill strikes the
right balance between the current requirements of the warfighter and
the need to invest in future technologies. Our bill increases funding
for systems geared toward current threats like Aegis BMD and THAAD,
while reducing funding for longer term projects.
Our bill already reduces funding for most of the programs the
amendment seeks to cut, like the kinetic energy interceptor, the
multiple kill vehicle, and the airborne laser. Our bill makes the
different reductions to the proposed missile defense sites in Europe
based on the slow pace of diplomacy and the technological immaturity of
the proposed system.
The Tierney amendment, on the other hand, is ill-conceived. First,
the amendment undercuts deployment of the existing ground-based mid
course defense system in Alaska and California.
Second, by eliminating any and all funding for the potential missile
defense system in Europe, the amendment would undercut U.S.-NATO
cooperation on missile defense against emerging Iranian missile threats
to Europe and U.S. troops in the region.
Third, the amendment's additional reduction to ABL could actually
lead to more missile defense spending because it would delay the
planned shootdown demonstration scheduled for next year, leading to
increased costs in 2010.
Missile defense provisions in this bill by the committee were
carefully crafted to balance the need to deliver missile defense
capabilities that address current threats, and make prudent investments
in future capabilities. It pares back spending on immature science
projects, like last year's bill did, and includes a host of provisions
to improve accountability for MDA programs. That is why, Mr. Chairman,
I urge my colleagues to oppose the Tierney amendment.
I would like to yield to the gentleman from Washington.
Mr. LARSEN of Washington. Mr. Chairman, I too rise in opposition to
the Tierney amendment. Just a little bit different focus here. The
bill, as it stands, includes provisions to improve oversight and
accountability for MDA, including required independent studies of boost
phase ballistic missile defense systems, and requires strategy to
increase the frequency and rigor of testing for mid course defense
systems.
Large increases would undercut the prudent path forward established
in this bill, and undermine the accountability provisions. Large
additional decreases would undercut deployment of mature systems, and
could lead to increased missile defense spending in the future if
important demonstrations are postponed from fiscal year 2009 to 2010.
This is already a well-balanced budget within the missile defense
budget, and well balanced with other needs, such as readiness,
strategic programs and nonproliferation. So I'm asking my colleagues to
oppose this amendment.
Mr. TIERNEY. Mr. Chairman, at this time I recognize the gentleman
from New Jersey (Mr. Holt) for 1 minute.
Mr. HOLT. Mr. Chairman, I thank my friend from Massachusetts for,
once again, asking me to join him in the effort to refocus our military
spending priorities toward more useful purposes. You know, one of the
craziest ideas I've ever heard is that we should deploy this missile
defense system as a way to test it. It should be tested before it's
deployed. And I can tell you, even if it worked, it would never be so
reliable that we would think of it as leak-proof, that it would
actually change our strategy. So it just becomes another expense.
And simple strategic analysis tells us that a provocative yet
permeable defense is destabilizing, and really leads to reduced
security for all.
What we do here is provide over $600 million for the Nunn-Lugar
Cooperative Threat Reduction Program, much more in keeping with the
real threat that faces us, and money for the Second Line of Defense
Initiative and other programs aimed at nonproliferation of weapons of
mass destruction.
We would also provide $100 million for the care and support of
wounded soldiers and their families, and $300 million more to address
the National Guard and Reserve shortfalls, especially for homeland
security activities. This is a commonsense amendment. I urge its
adoption.
Mr. HUNTER. Mr. Chairman, I would like to yield to a gentleman who's
leaving us this year, but the guy who has accomplished so much in
confidential briefings and sessions in which you analyze our space
systems and our missile systems, and a guy who hasn't been elbowing his
way into press conferences, but who does enormous work for the people
of this House and for the people of this Nation, the gentleman from
Alabama (Mr. Everett). I would like to yield 3 minutes to the
gentleman. He's the ranking member on Strategic.
Mr. EVERETT. Mr. Chairman, I oppose this amendment for many of the
reasons that have already been stated. I believe that the Iranian
intent is clearly demonstrated. It continues to enrich uranium, install
advanced P-2 centrifuges, has not answered IAEA's questions about
previous weaponization activities, and continues to defy U.N. Security
Council sanctions.
North Korea's intent is also clearly demonstrated. In July 2006 it
launched six short-range missiles (Scuds and NoDongs) and one longer-
range Taepo Dong 2 missile. In October of 2006 it tested a nuclear
device.
The Tierney amendment terminates European missile defense with a
$341.2 million cut. This sends a terrible signal to our allies. The
amendment also demonstrates a lack of U.S. commitment to collective
security, after NATO recognized a missile threat in April 2008,
unanimously endorsing substantial contributions of the European missile
defenses. The amendment sends a message to Iran that we don't take
missile threats or nuclear enrichment activities seriously.

[[Page H4762]]

Our key allies, Israel, Japan and NATO are pursuing missile defense
capabilities in partnership with the U.S. to address growing missile
and nuclear threats. This is critical that we do not accept a cut like
this.
Finally, Mr. Chairman, the bill reported out already reduced it $719
million. The Nation's missile defense system has shown remarkable
improvement over the years, with 34 of 44 hit-to-kill intercepts since
2001.
So why in the world--as a matter of fact, I will state it
differently. I think it would be crazy to accept a cut like this.
Mr. TIERNEY. Mr. Chairman, I acknowledge myself for 15 seconds just
to make a point. With respect to the testing records that the gentleman
from Alabama just read, I hope that they've read the amendment. But I
certainly appreciate the fact that they understand what it is we're
talking about here.
But conflating the tests for short, medium and long-range is not
going to be effective in addressing the amendment that is before the
House. The amendment before the House is dealing strictly with the
long-range for that, and those testing results are not reflected
accurately by the statement that was just made.
So we're not talking about Aegis, we are not talking about THAAD,
we're not talking about Patriot attack systems. We're talking about
intercontinental ballistic missiles. Those tests have not been done
operationally, they have not been done realistically, and they have not
been done successfully to show that there's any efficient way that
those are going to be successful. All of the testimony by all the
physicists and all of the experts who came there indicate that clearly.
Mr. HUNTER. How much time do we have left, Mr. Chairman?
The Acting CHAIRMAN. The gentleman from California has 2\1/2\ minutes
remaining. The gentleman from Massachusetts, 4\3/4\.
Mr. HUNTER. Mr. Chairman, I started off by talking about that letter
that the Armed Services Committee, Democrats and Republicans, sent to
Israel in 1987 telling them that at some point in the future they would
be attacked by ballistic missiles coming from a neighboring nation,
probably Russian-made missiles, and that was a prophetic letter because
in the Gulf War they were attacked. And I described some of the
effects. Even though there wasn't poison gas on those missiles, they
had an incredible effect, a traumatic effect on the citizens of Israel.
You know, we could have written a letter to ourselves and to our own
leadership and the administration at that time and said, at some point
ballistic missiles will be launched at the United States.
I don't take much comfort from Mr. Tierney's statement that he only
wants to stop the funding of long-range missile defense systems, not
short-range missile defense systems. We've had a series of successes
with our long-range missile defense systems. We've had these collisions
148 miles above the surface of the Earth, the interceptor and the
target missile both going about three times the speed of a .30-06
bullet. And because of the incredible dedication of our scientists and
our engineers, we've been able to achieve some successes with these
long-range missile defense systems.
The facts are, you have to defend against all types, against short-
range, medium-range and long-range. And you have to try to get as many
shots as you can at these missiles. If you can get them when they're
taking off, if you can get them in the ascent phase, if you can get
them in mid course, then you don't put as much pressure on that
terminal missile defense system when they're coming in to American
cities.
We are in a race, Mr. Chairman. And I would just remind my colleagues
that the TD-2 missile, which was tested by the North Koreans, has the
ability, according to some of our scientists, to reach parts of the
United States of America. And our intelligence people tell us that
Iran, it is estimated, will have, by 2015, the capability with ICBMs to
reach parts of the United States of America.
Just in time is a concept for building products in our domestic
economy. You get the steel just in time to build the car so that you
don't have a big inventory of steel piling up. That saves you money.
You're not paying interest on it. You get the tires just in time to put
them on.
Just in time missile defenses is not a very good idea. We, in my
estimation, we are behind the clock. And Mr. Tierney's amendment is a
gutting amendment. We should vote ``no'' on this amendment.
Mr. TIERNEY. I yield myself the balance of the time.
Mr. Chairman, again, it's all very interesting what we hear for
comments from our colleagues. But the interesting part of this is it
does matter whether it's short and medium-range or whether it's long-
range. The short and medium-range, some of the testing has, in fact,
been effective and does lead us to believe and experts to believe that
there might be an effective defense against those.
But the experts look at the long-range system and they say, you know,
we are procuring and we are deploying way ahead of our capability.
These do not work. There has been no realistic operational testing to
indicate that they would. There have been sporadic tests that have been
successful on some aspects of it. There have been a number of tests
that have been abject failures on a large part of it.
The fact of the matter is, if we're going to have defense, it should
be smart defense. We have spent $150 billion so far for nothing,
nothing in terms of that long-range missile system and its
effectiveness.
You want to spend another $217 billion to $250 billion in the next
several years when we have other pressing needs, the ones that the
Congressional Budget Office, the General Accountability Office, the 9/
11 Commission, our own common sense tell us are the more likely threats
to this country, some asymmetric threat, some weapon of mass
destruction by a terrorist group, or some short-range or medium-range
missile coming in our direction. That's what we should be defending
against.
We can still test, we can still have research and development and
testing for the long-range, but that would mean cutting it back
substantially so we're not deploying and not procuring ahead of the
game, so that we don't find ourselves owning these things, having them
deployed and fielded and have to retract all of it and start over
again, having a false sense of security, and having things on the
ground that only need to be redone, at huge, huge cost. None of that
adds to our security. It ignores the real security needs of this
country that should be put first and foremost.
This is the sensible thing to do. I urge the House Members to support
this amendment and let us move forward in a more secure way in this
country.
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Tierney).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. HUNTER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from
Massachusetts will be postponed.

Notice to Alter Order of Consideration of Amendments

Mrs. TAUSCHER. Mr. Chairman, pursuant to section 4 of House
Resolution 1218, and as the designee of the chairman of the Committee
on Armed Services, I request that, during further consideration of H.R.
5658 in the Committee of the Whole, and following consideration of the
second en bloc amendment, the following amendment be considered in the
following order: amendment No. 22, amendment No. 52, amendment No. 25,
amendment No. 32, amendment No. 31, amendment No. 55, amendment No. 56,
amendment No. 58, amendment No. 51, amendment No. 4.
Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Larsen of Washington) having assumed the chair, Mr. Ross, Acting
Chairman of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 5658) to authorize appropriations for

[[Page H4763]]

fiscal year 2009 for military activities of the Department of Defense,
to prescribe military personnel strengths for fiscal year 2009, and for
other purposes, had come to no resolution thereon.

____________________