[Congressional Record Volume 154, Number 149 (Thursday, September 18, 2008)]
[Senate]
[Pages S9103-S9148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      DEPARTMENT OF DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

  On Wednesday, September 17, 2008, the Senate passed S. 3002, as 
amended, as follows:

                                S. 3002

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

                       Subtitle B--Army Programs

Sec. 111. Stryker Mobile Gun System.
Sec. 112. Procurement of small arms.

                       Subtitle C--Navy Programs

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

[[Page S9104]]

                     Subtitle D--Air Force Programs

Sec. 151. F-22A fighter aircraft.

               Subtitle E--Joint and Multiservice Matters

Sec. 171. Annual long-term plan for the procurement of aircraft for the 
              Navy and the Air Force.

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Requirement for plan on overhead nonimaging infrared systems.
Sec. 212. Advanced battery manufacturing and technology roadmap.
Sec. 213. Availability of funds for defense laboratories for research 
              and development of technologies for military missions.
Sec. 214. Assured funding for certain information security and 
              information assurance programs of the Department of 
              Defense.
Sec. 215. Requirements for certain airborne intelligence collection 
              systems.

                  Subtitle C--Missile Defense Programs

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

                       Subtitle D--Other Matters

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

                          Subtitle D--Reports

Sec. 331. Additional information under annual submissions of 
              information regarding information technology capital 
              assets.

                       Subtitle E--Other Matters

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
              Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2009 limitation on number of non-dual status 
              technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on 
              active duty for operational support.
Sec. 416. Increased end strengths for Reserves on active duty in 
              support of the Army National Guard and Army Reserve and 
              military technicians (dual status) of the Army National 
              Guard.
Sec. 417. Modification of authorized strengths for Marine Corps Reserve 
              officers on active duty in the grades of major and 
              lieutenant colonel to meet new force structure 
              requirements.

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

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

                 Subtitle B--Enlisted Personnel Policy

Sec. 521. Increase in maximum period of reenlistment of regular members 
              of the Armed Forces.

                Subtitle C--Reserve Component Management

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

                   Subtitle D--Education and Training

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

[[Page S9105]]

           Subtitle E--Defense Dependents' Education Matters

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

                 Subtitle F--Military Family Readiness

Sec. 571. Authority for education and training for military spouses 
              pursuing portable careers.

                       Subtitle G--Other Matters

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for 
              Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for 
              health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear 
              officers.
Sec. 614. Extension of authorities relating to payment of other bonuses 
              and special pays.
Sec. 615. Extension of authorities relating to payment of referral 
              bonuses.
Sec. 616. Permanent extension of prohibition on charges for meals 
              received at military treatment facilities by members 
              receiving continuous care.
Sec. 617. Accession and retention bonuses for the recruitment and 
              retention of psychologists for the Armed Forces.
Sec. 618. Authority for extension of maximum length of service 
              agreements for special pay for nuclear-qualified officers 
              extending period of active service.
Sec. 619. Incentive pay for members of precommissioning programs 
              pursuing foreign language proficiency.

            Subtitle C--Travel and Transportation Allowances

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

             Subtitle D--Retired Pay and Survivor Benefits

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

                       Subtitle E--Other Matters

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

                   TITLE VII--HEALTH CARE PROVISIONS

                      Subtitle A--TRICARE Program

Sec. 701. Calculation of monthly premiums for coverage under TRICARE 
              Reserve Select after 2008.

               Subtitle B--Other Health Care Authorities

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

                 Subtitle C--Other Health Care Matters

Sec. 721. Repeal of prohibition on conversion of military medical and 
              dental positions to civilian medical and dental 
              positions.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

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

             Subtitle B--Acquisition Policy and Management

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

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

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

          Subtitle D--Department of Defense Contractor Matters

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

          Subtitle E--Matters Relating to Iraq and Afghanistan

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

                       Subtitle F--Other Matters

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

[[Page S9106]]

Sec. 906. Business transformation initiatives for the military 
              departments.

                       Subtitle B--Space Matters

Sec. 911. Space posture review.

                Subtitle C--Defense Intelligence Matters

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

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

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

                Subtitle B--Naval Vessels and Shipyards

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

                  Subtitle C--Counter-Drug Activities

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

         Subtitle D--Miscellaneous Authorities and Limitations

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

                          Subtitle E--Reports

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

                  Subtitle F--Wounded Warrior Matters

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

                       Subtitle G--Other Matters

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

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

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

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

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

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

             Subtitle C--Other Authorities and Limitations

Sec. 1221. Waiver of certain sanctions against North Korea.

                          Subtitle D--Reports

Sec. 1231. Extension and modification of updates on report on claims 
              relating to the bombing of the Labelle Discotheque.
Sec. 1232. Report on utilization of certain global partnership 
              authorities.

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

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

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.

[[Page S9107]]

Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. Reduction in certain authorizations due to savings from 
              lower inflation.

                Subtitle B--Armed Forces Retirement Home

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

                       Subtitle C--Other Matters

Sec. 1431. Responsibilities for Chemical Demilitarization Citizens' 
              Advisory Commissions in Colorado and Kentucky.
Sec. 1432. Modification of definition of ``Department of Defense 
              sealift vessel'' for purposes of the National Defense 
              Sealift Fund.

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

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

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

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

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

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

     SEC. 102. NAVY AND MARINE CORPS.

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

     SEC. 103. AIR FORCE.

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

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

                       Subtitle B--Army Programs

     SEC. 111. STRYKER MOBILE GUN SYSTEM.

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

     SEC. 112. PROCUREMENT OF SMALL ARMS.

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

[[Page S9108]]

     unit that meet service-approved requirements, which weapons 
     may be nondevelopmental items selected through full and open 
     competition.

                       Subtitle C--Navy Programs

     SEC. 131. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION 
                   OF COMPONENTS FOR THE VIRGINIA-CLASS SUBMARINE 
                   PROGRAM.

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

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

       (a) Amount Authorized From SCN Account.--
       (1) In general.--Of the amount authorized to be 
     appropriated for fiscal year 2009 by section 102(a)(3) for 
     shipbuilding and conversion, Navy, $124,500,000 is available 
     for the commencement of the nuclear refueling and complex 
     overhaul of the U.S.S. Theodore Roosevelt (CVN-71) during 
     fiscal year 2009.
       (2) First increment.--The amount made available under 
     paragraph (1) is the first increment of the three increments 
     of funding planned to be available for the nuclear refueling 
     and complex overhaul of the U.S.S. Theodore Roosevelt.
       (b) Contract Authority.--
       (1) In general.--The Secretary of the Navy may enter into a 
     contract during fiscal year 2009 for the nuclear refueling 
     and complex overhaul of the U.S.S. Theodore Roosevelt.
       (2) Condition on out-year contract payments.--The contract 
     entered into under paragraph (1) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2009 is subject 
     to the availability of appropriations for that purpose for 
     such fiscal year.

                     Subtitle D--Air Force Programs

     SEC. 151. F-22A FIGHTER AIRCRAFT.

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

               Subtitle E--Joint and Multiservice Matters

     SEC. 171. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF 
                   AIRCRAFT FOR THE NAVY AND THE AIR FORCE.

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

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

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

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

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

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $10,855,210,000.
       (2) For the Navy, $19,442,192,000.
       (3) For the Air Force, $28,322,477,000.
       (4) For Defense-wide activities, $21,113,501,000, of which 
     $188,772,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

       (a) Fiscal Year 2009.--Of the amounts authorized to be 
     appropriated by section 201, $11,895,180,000 shall be 
     available for the Defense Science and Technology Program, 
     including basic research, applied research, and advanced 
     technology development projects.
       (b) Basic Research, Applied Research, and Advanced 
     Technology Development Defined.--For purposes of this 
     section, the term ``basic research, applied research, and 
     advanced technology development'' means work funded in 
     programs elements for defense research and development under 
     Department of Defense budget activity 1, 2, or 3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING 
                   INFRARED SYSTEMS.

       (a) In General.--The Secretary of the Air Force shall 
     develop a comprehensive plan to conduct and support research, 
     development, and demonstration of technologies that could 
     evolve into the next generation of overhead nonimaging 
     infrared systems.

[[Page S9109]]

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

     SEC. 212. ADVANCED BATTERY MANUFACTURING AND TECHNOLOGY 
                   ROADMAP.

       (a) Roadmap Required.--The Secretary of Defense shall, in 
     coordination with the Secretary of Energy, develop a multi-
     year roadmap to develop advanced battery technologies and 
     sustain domestic advanced battery manufacturing capabilities 
     and an assured supply chain necessary to ensure that the 
     Department of Defense has assured access to advanced battery 
     technologies to support current military requirements and 
     emerging military needs.
       (b) Elements.--The roadmap required by subsection (a) shall 
     include, but not be limited to, the following:
       (1) An identification of current and future capability 
     gaps, performance enhancements, cost savings goals, and 
     assured technology access goals that require advances in 
     battery technology and manufacturing capabilities.
       (2) Specific research, technology, and manufacturing goals 
     and milestones, and timelines and estimates of funding 
     necessary for achieving such goals and milestones.
       (3) Specific mechanisms for coordinating the activities of 
     Federal agencies, State and local governments, coalition 
     partners, private industry, and academia covered by the 
     roadmap.
       (4) Such other matters as the Secretary of Defense and the 
     Secretary of Energy consider appropriate for purposes of the 
     roadmap.
       (c) Coordination.--
       (1) In general.--The roadmap required by subsection (a) 
     shall be developed in coordination with the military 
     departments, appropriate Defense Agencies and other elements 
     and organizations of the Department of Defense, other 
     appropriate Federal, State, and local government 
     organizations, and appropriate representatives of private 
     industry and academia.
       (2) Department of defense support.--The Secretary of 
     Defense shall ensure that appropriate elements and 
     organizations of the Department of Defense provide such 
     information and other support as is required for the 
     development of the roadmap.
       (d) Submittal to Congress.--The Secretary of Defense shall 
     submit to the congressional defense committees the roadmap 
     required by subsection (a) not later than one year after the 
     date of the enactment of this Act.

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

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

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

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

     SEC. 215. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE 
                   COLLECTION SYSTEMS.

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

                  Subtitle C--Missile Defense Programs

     SEC. 231. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND 
                   STRATEGY OF THE UNITED STATES.

       (a) Review Required.--The Secretary of Defense shall 
     conduct a review of the ballistic missile defense policy and 
     strategy of the United States.
       (b) Elements.--The matters addressed by the review required 
     by subsection (a) shall include, but not be limited to, the 
     following:
       (1) The ballistic missile defense policy of the United 
     States in relation to the overall national security policy of 
     the United States.
       (2) The ballistic missile defense strategy and objectives 
     of the United States in relation to the national security 
     strategy of the United States and the military strategy of 
     the United States.
       (3) The organization, discharge, and oversight of 
     acquisition for the ballistic missile defense programs of the 
     United States.
       (4) The roles and responsibilities of the military 
     departments in the ballistic missile defense programs of the 
     United States.
       (5) The process for determining requirements for missile 
     defense capabilities under the ballistic missile defense 
     programs of the United States, including input from the joint 
     military requirements process.
       (6) The process for determining the force structure and 
     inventory objectives for the ballistic missile defense 
     programs of the United States.
       (7) Standards for the military utility, operational 
     effectiveness, suitability, and survivability of the 
     ballistic missile defense systems of the United States.
       (8) The affordability and cost-effectiveness of particular 
     capabilities under the ballistic

[[Page S9110]]

     missile defense programs of the United States.
       (9) The objectives, requirements, and standards for test 
     and evaluation with respect to the ballistic missile defense 
     programs of the United States.
       (10) Accountability, transparency, and oversight with 
     respect to the ballistic missile defense programs of the 
     United States.
       (11) The role of international cooperation on missile 
     defense in the ballistic missile defense policy and strategy 
     of the United States.
       (c) Report.--
       (1) In general.--Not later than January 31, 2010, the 
     Secretary shall submit to Congress a report setting forth the 
     results of the review required by subsection (a).
       (2) Form.--The report required by this subsection shall be 
     in unclassified form, but may include a classified annex.

     SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF 
                   MISSILE DEFENSES IN EUROPE.

       (a) In General.--No funds authorized to be appropriated by 
     this Act may be obligated or expended for procurement, site 
     activation, construction, preparation of equipment for, or 
     deployment of major components of a long-range missile 
     defense system in a European country until each of the 
     following conditions have been met:
       (1) The government of the country in which such major 
     components of such missile defense system (including 
     interceptors and associated radars) are proposed to be 
     deployed has given final approval (including parliamentary 
     ratification) to any missile defense agreements negotiated 
     between such government and the United States Government 
     concerning the proposed deployment of such components in such 
     country.
       (2) 45 days have elapsed following the receipt by Congress 
     of the report required by section 226(c) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 42).
       (b) Additional Limitation.--In addition to the limitation 
     in subsection (a), no funds authorized to be appropriated by 
     this Act may be obligated or expended for the acquisition 
     (other than initial long-lead procurement) or deployment of 
     operational missiles of a long-range missile defense system 
     in Europe until the Secretary of Defense, after receiving the 
     views of the Director of Operational Test and Evaluation, 
     submits to Congress a report certifying that the proposed 
     interceptor to be deployed as part of such missile defense 
     system has demonstrated, through successful, operationally 
     realistic flight testing, a high probability of accomplishing 
     its mission in an operationally effective manner.
       (c) Construction.--Nothing in this section shall be 
     construed to limit continuing obligation and expenditure of 
     funds for missile defense, including for research and 
     development and for other activities not otherwise limited by 
     subsection (a) or (b), including, but not limited to, site 
     surveys, studies, analysis, and planning and design for the 
     proposed missile defense deployment in Europe.

     SEC. 233. AIRBORNE LASER SYSTEM.

       (a) Report on Director of Operational Test and Evaluation 
     Assessment of Testing.--Not later than January 15, 2010, the 
     Director of Operational Test and Evaluation shall--
       (1) review and evaluate the testing conducted on the first 
     Airborne Laser system aircraft, including the planned 
     shootdown demonstration testing; and
       (2) submit to the Secretary of Defense and to Congress an 
     assessment by the Director of the operational effectiveness, 
     suitability, and survivability of the Airborne Laser system.
       (b) Limitation on Availability of Funds for Later Airborne 
     Laser System Aircraft.--No funds authorized to be 
     appropriated for the Department of Defense may be obligated 
     or expended for the procurement of a second or subsequent 
     aircraft for the Airborne Laser system program until the 
     Secretary of Defense, after receiving the assessment of the 
     Director of Operational Test and Evaluation under subsection 
     (a)(2), submits to Congress a certification that the Airborne 
     Laser system has demonstrated, through successful testing and 
     operational and cost analysis, a high probability of being 
     operationally effective, suitable, survivable, and 
     affordable.

     SEC. 234. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION 
                   CHARACTERIZATION OF OPERATIONAL EFFECTIVENESS, 
                   SUITABILITY, AND SURVIVABILITY OF THE BALLISTIC 
                   MISSILE DEFENSE SYSTEM.

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

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

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

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

       (a) In General.--Not later than 75 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, 
     after consultation with the chair and ranking member of the 
     Committee on Armed Services of the Senate and of the 
     Committee on Armed Services of the House of Representatives, 
     enter into a contract with one or more independent entities 
     under which the entity or entities shall conduct an 
     independent assessment of the feasibility and advisability of 
     developing a space-based interceptor element to the ballistic 
     missile defense system.
       (b) Elements.--The study required under subsection (a) 
     shall include the following:
       (1) An assessment of the need for a space-based interceptor 
     element to the ballistic missile defense system, including an 
     assessment of--
       (A) the extent to which there is a ballistic missile threat 
     that--
       (i) such a space-based interceptor element would address; 
     and
       (ii) other elements of the ballistic missile defense system 
     would not address;
       (B) whether other elements of the ballistic missile defense 
     system could be modified to meet the threat described in 
     subparagraph (A) and the modifications necessary for such 
     elements to meet that threat; and
       (C) any other alternatives to the development of such a 
     space-based interceptor element.
       (2) An assessment of the components and capabilities and 
     the maturity of critical technologies necessary to make such 
     a space-based interceptor element operational.
       (3) An estimate of the total cost for the life cycle of 
     such a space-based interceptor element, including the costs 
     of research, development, demonstration, procurement, 
     deployment, and launching of the element.
       (4) An assessment of the effectiveness of such a space-
     based interceptor element in intercepting ballistic missiles 
     and the survivability of the element in case of attack.
       (5) An assessment of possible debris generated from the use 
     or testing of such a

[[Page S9111]]

     space-based interceptor element and any effects of such use 
     or testing on other space systems.
       (6) An assessment of any treaty or policy implications of 
     the development or deployment of such a space-based 
     interceptor element.
       (7) An assessment of any command, control, or battle 
     management considerations of using such a space-based 
     interceptor element, including estimated timelines for the 
     detection of ballistic missiles, decisionmaking with respect 
     to the use of the element, and interception of the missile by 
     the element.
       (c) Report.--
       (1) Submittal.--Upon completion of the independent 
     assessment required under subsection (a), the entity or 
     entities conducting the assessment shall submit 
     contemporaneously to the Secretary of Defense, the Committee 
     on Armed Services of the Senate, and the Committee on Armed 
     Services of the House of Representatives a report setting 
     forth the results of the assessment.
       (2) Comments.--Not later than 60 days after the date on 
     which the Secretary of Defense receives the report required 
     under paragraph (1), the Secretary may submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives any 
     comments on the report or any recommendations of the 
     Secretary resulting from the report.
       (3) Form.--The report required under paragraph (1) and any 
     comments and recommendations submitted under paragraph (2) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (d) Funding.--Of the amount authorized to be appropriated 
     for fiscal year 2009 by section 201(4) for research, 
     development, test, and evaluation for Defense-wide activities 
     and available for the Missile Defense Agency, $5,000,000 
     shall be available to carry out the study required under 
     subsection (a).

     SEC. 237. ACTIVATION AND DEPLOYMENT OF AN/TPY-2 FORWARD-BASED 
                   X-BAND RADAR.

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

                       Subtitle D--Other Matters

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

       (a) Authority To Designate Additional Systems as Major 
     Systems and Programs Subject to Testing.--Section 2366(e)(1) 
     of title 10, United States Code, is amended by striking ``or 
     conventional weapon system'' and inserting ``conventional 
     weapon system, or other system or program designated by the 
     Director of Operational Test and Evaluation for purposes of 
     this section''.
       (b) Force Protection Equipment.--Section 139(b) of such 
     title is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraphs (4) through (7) as 
     paragraphs (3) through (6), respectively.

     SEC. 252. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT 
                   DEVELOPMENT AND EXPERIMENTATION.

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

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

       ``(a) Biennial Reports Required.--Not later than January 1 
     of each even numbered-year, the Commander of the United 
     States Joint Forces Command shall submit to the congressional 
     defense committees a report on the conduct and outcomes of 
     joint and service concept development and experimentation.
       ``(b) Matters To Be Included.--Each report under subsection 
     (a) shall include the following:
       ``(1) A description of any changes since the latest report 
     submitted under this section to each of the following:
       ``(A) The authority and responsibilities of the Commander 
     of the United States Joint Forces Command with respect to 
     joint concept development and experimentation.
       ``(B) The organization of the Department of Defense 
     responsible for executing the mission of joint concept 
     development and experimentation.
       ``(C) The process for tasking forces (including forces 
     designated as joint experimentation forces) to participate in 
     joint concept development and experimentation and the 
     specific authority of the Commander over those forces.
       ``(D) The resources provided for initial implementation of 
     joint concept development and experimentation, the process 
     for providing such resources to the Commander, the categories 
     of funding for joint concept development and experimentation, 
     and the authority of the Commander for budget execution for 
     joint concept development and experimentation activities.
       ``(E) The process for the development and acquisition of 
     materiel, supplies, services, and equipment necessary for the 
     conduct of joint concept development and experimentation.
       ``(F) The process for designing, preparing, and conducting 
     joint concept development and experimentation.
       ``(G) The assigned role of the Commander for--
       ``(i) integrating and testing in joint concept development 
     and experimentation the systems that emerge from warfighting 
     experimentation by the armed forces and the Defense Agencies;
       ``(ii) assessing the effectiveness of organizational 
     structures, operational concepts, and technologies relating 
     to joint concept development and experimentation; and
       ``(iii) assisting the Secretary of Defense and the Chairman 
     of the Joint Chiefs of Staff in setting priorities for 
     requirements or acquisition programs in light of joint 
     concept development and experimentation.
       ``(2) A description of the conduct of joint concept 
     development and experimentation activities during the two-
     year period ending on the date of such report, including--
       ``(A) the funding involved;
       ``(B) the number of activities engaged in;
       ``(C) the forces involved;
       ``(D) the national and homeland security challenges 
     addressed;
       ``(E) the operational concepts assessed;
       ``(F) the technologies assessed;
       ``(G) the scenarios and measures of effectiveness utilized; 
     and
       ``(H) specific interactions under such activities with 
     commanders of other combatant commands and with other 
     organizations and entities inside and outside the Department.
       ``(3) A description of the conduct of concept development 
     and experimentation activities of the military departments 
     during the two-year period ending on the date of such report, 
     including--
       ``(A) the funding involved;
       ``(B) the number of activities engaged in;
       ``(C) the forces involved;
       ``(D) the national and homeland security challenges 
     addressed;
       ``(E) the operational concepts assessed;
       ``(F) the technologies assessed;
       ``(G) the scenarios and measures of effectiveness utilized; 
     and
       ``(H) specific interactions under such activities with 
     commanders of the combatant commands and with other 
     organizations and entities inside and outside the Department.
       ``(4) A description of the conduct of joint concept 
     development and experimentation, and of concept development 
     and experimentation of the military departments, during the 
     two-year period ending on the date of such report with 
     respect to the development of warfighting concepts for 
     operational scenarios more than 10 years in the future, 
     including--
       ``(A) the funding involved;
       ``(B) the number of activities engaged in;
       ``(C) the forces involved;
       ``(D) the challenges addressed;
       ``(E) the operational concepts assessed;
       ``(F) the technologies assessed;
       ``(G) the scenarios and measures of effectiveness utilized; 
     and
       ``(H) specific interactions with commanders of other 
     combatant commands and with other organizations and entities 
     inside and outside the Department.
       ``(5) A description of the mechanisms used to coordinate 
     joint, service, interagency, Coalition, and other appropriate 
     concept development and experimentation activities.
       ``(6) An assessment of the return on investment in concept 
     development and experimentation activities, including a 
     description of the following:
       ``(A) Specific outcomes and impacts within the Department 
     of the results of past joint and service concept development 
     and experimentation in terms of new doctrine, operational 
     concepts, organization, training, materiel, leadership, 
     personnel, or the allocation of resources, or in activities 
     that terminated support for legacy concepts, programs, or 
     systems.
       ``(B) Specific actions taken by the Secretary of Defense to 
     implement the recommendations of the Commander based on 
     concept development and experimentation activities.
       ``(7) Such recommendations (based primarily based on the 
     results of joint and service concept development and 
     experimentation) as the Commander considers appropriate for 
     enhancing the development of joint warfighting capabilities 
     by modifying

[[Page S9112]]

     activities throughout the Department relating to--
       ``(A) the development or acquisition of specific advanced 
     technologies, systems, or weapons or systems platforms;
       ``(B) key systems attributes and key performance parameters 
     for the development or acquisition of advanced technologies 
     and systems;
       ``(C) joint or service doctrine, organization, training, 
     materiel, leadership development, personnel, or facilities;
       ``(D) the reduction or elimination of redundant equipment 
     and forces, including the synchronization of the development 
     and fielding of advanced technologies among the armed forces 
     to enable the development and execution of joint operational 
     concepts; and
       ``(E) the development or modification of initial 
     capabilities documents, operational requirements, and 
     relative priorities for acquisition programs to meet joint 
     requirements.
       ``(8) With respect to improving the effectiveness of joint 
     concept development and experimentation capabilities, such 
     recommendations (based primarily on the results of joint 
     warfighting experimentation) as the Commander considers 
     appropriate regarding--
       ``(A) the conduct of, adequacy of resources for, or 
     development of technologies to support such capabilities; and
       ``(B) changes in authority for acquisition of materiel, 
     supplies, services, equipment, and support from other 
     elements of the Department of Defense for concept development 
     and experimentation by joint or service organizations.
       ``(9) The coordination of the concept development and 
     experimentation activities of the Commander of the United 
     States Joint Forces Command with the activities of the 
     Commander of the North Atlantic Treaty Organization Supreme 
     Allied Command Transformation.
       ``(10) Any other matters that the Commander consider 
     appropriate.
       ``(c) Coordination and Support.--The Secretary of Defense 
     shall ensure that the Secretaries of the military departments 
     and the heads of other appropriate elements of the Department 
     of Defense provide the Commander of the United States Joint 
     Forces Command such information and support as is required to 
     enable the Commander to prepare the reports required by 
     subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of such title is amended by striking 
     the item relating to section 485 and inserting the following 
     new item:

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

     SEC. 253. REPEAL OF ANNUAL REPORTING REQUIREMENT RELATING TO 
                   THE TECHNOLOGY TRANSITION INITIATIVE.

       Section 2359a of title 10, United States Code, is amended--
       (1) by striking subsection (h); and
       (2) by redesignating subsection (i) as subsection (h).

     SEC. 254. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD 
                   TECHNOLOGY.

       (a) Executive Agent.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     designate a senior official of the Department of Defense to 
     act as the Executive Agent of the Department of Defense for 
     printed circuit board technology.
       (b) Specification of Roles, Responsibilities, and 
     Authorities.--The roles, responsibilities, and authorities of 
     the Executive Agent designated under subsection (a) shall be 
     as described in a directive issued by the Secretary of 
     Defense for purposes of this section not later than one year 
     after the date of the enactment of this Act.
       (c) Particular Roles and Responsibilities.--The roles and 
     responsibilities described under subsection (b) for the 
     Executive Agent designated under subsection (a) shall include 
     the following:
       (1) To develop and maintain a printed circuit board and 
     interconnect technology roadmap that assures that the 
     Department of Defense has access to manufacturing 
     capabilities and expertise and technological capabilities 
     necessary to meet future military requirements.
       (2) To develop and recommend to the Secretary of Defense 
     funding strategies that meet the recapitalization and 
     investment requirements of the Department for printed circuit 
     board and interconnect technology, which strategies shall be 
     consistent with the roadmap developed under paragraph (1).
       (3) To assure that continuing expertise in printed circuit 
     board technical is available to the Department.
       (4) To assess the vulnerabilities, trustworthiness, and 
     diversity of the printed circuit board supply chain, 
     including the development of trustworthiness requirements for 
     printed circuit boards used in defense systems, and to 
     develop strategies to address matters in that supply chain 
     that are identified as a result of such assessment.
       (5) To support technical assessments and analyses, 
     especially with respect to acquisition decisions and 
     planning, relating to printed circuit boards
       (6) Such other roles and responsibilities as the Secretary 
     considers appropriate.
       (d) Resources and Authorities.--The Secretary of Defense 
     shall ensure that the Executive Agent designated under 
     subsection (a) has the appropriate resources and authorities 
     to perform the roles and responsibilities of the Executive 
     Agent under this section.
       (e) Support Within Department of Defense.--The Secretary of 
     Defense shall ensure that the Executive Agent designated 
     under subsection (a) has such support from the military 
     departments, Defense Agencies, and other components of the 
     Department of Defense as is required for the Executive Agent 
     to perform the roles and responsibilities of the Executive 
     Agent under this section.

     SEC. 255. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO 
                   FINDINGS AND RECOMMENDATIONS OF THE DEFENSE 
                   SCIENCE BOARD TASK FORCE ON DIRECTED ENERGY 
                   WEAPONS.

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

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

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense, for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $31,282,460,000.
       (2) For the Navy, $34,811,598,000.
       (3) For the Marine Corps, $5,607,354,000.
       (4) For the Air Force, $35,244,587,000.
       (5) For Defense-wide activities, $25,926,564,000.
       (6) For the Army Reserve, $2,642,641,000.

[[Page S9113]]

       (7) For the Navy Reserve, $1,311,085,000.
       (8) For the Marine Corps Reserve, $213,131,000.
       (9) For the Air Force Reserve, $3,142,892,000.
       (10) For the Army National Guard, $5,909,846,000.
       (11) For the Air National Guard, $5,883,926,000.
       (12) For the United States Court of Appeals for the Armed 
     Forces, $13,254,000.
       (13) For Environmental Restoration, Army, $447,776,000.
       (14) For Environmental Restoration, Navy, $290,819,000.
       (15) For Environmental Restoration, Air Force, 
     $496,277,000.
       (16) For Environmental Restoration, Defense-wide, 
     $13,175,000.
       (17) For Environmental Restoration, Formerly Used Defense 
     Sites, $257,796,000.
       (18) For Overseas Humanitarian, Disaster and Civic Aid 
     programs, $83,273,000.
       (19) For Cooperative Threat Reduction programs, 
     $434,135,000.
       (20) For Overseas Contingency Operations Transfer Fund, 
     $9,101,000.

                  Subtitle B--Environmental Provisions

     SEC. 311. EXPANSION OF COOPERATIVE AGREEMENT AUTHORITY FOR 
                   MANAGEMENT OF NATURAL RESOURCES TO INCLUDE OFF-
                   INSTALLATION MITIGATION.

       Section 103a(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is 
     amended by striking ``to provide for the maintenance and 
     improvement'' and all that follows through the period at the 
     end and inserting the following: ``to provide for one or both 
     of the following:
       ``(1) The maintenance and improvement of natural resources 
     on, or to benefit natural and historic research on, 
     Department of Defense installations.
       ``(2) The maintenance and improvement of natural resources 
     outside of Department of Defense installations if the purpose 
     of the cooperative agreement is to relieve or eliminate 
     current or anticipated challenges that could restrict, 
     impede, or otherwise interfere, whether directly or 
     indirectly, with current or anticipated military 
     activities.''.

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

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

     SEC. 313. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE 
                   BROWN TREE SNAKE POPULATION FROM MILITARY 
                   FACILITIES IN GUAM.

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

                 Subtitle C--Workplace and Depot Issues

     SEC. 321. AUTHORITY TO CONSIDER DEPOT-LEVEL MAINTENANCE AND 
                   REPAIR USING CONTRACTOR FURNISHED EQUIPMENT OR 
                   LEASED FACILITIES AS CORE LOGISTICS.

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

     SEC. 322. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

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

                          Subtitle D--Reports

     SEC. 331. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF 
                   INFORMATION REGARDING INFORMATION TECHNOLOGY 
                   CAPITAL ASSETS.

       Section 351 of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 
     10 U.S.C. 221 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``$30,000,000 and an 
     estimated total life cycle cost'' and inserting ``$30,000,000 
     or an estimated total life cycle cost''; and
       (B) by adding at the end the following new paragraph:
       ``(3) Information technology capital assets not covered by 
     paragraphs (1) and (2) that have been determined by the Chief 
     Information Officer of the Department of Defense to be 
     significant investments.'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Required Information for Significant Investments.--
     With respect to each information technology capital asset not 
     covered by paragraph (1) or (2) of subsection (a), but 
     covered by paragraph (3) of that subsection, the Secretary of 
     Defense shall include such information in a format that is 
     appropriate to the current status of such asset.''.

                       Subtitle E--Other Matters

     SEC. 341. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT OF 
                   DEFENSE FACILITIES AND ACTIVITIES.

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

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

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

[[Page S9114]]

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

       (a) In General.--Chapter 165 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

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

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

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 2009, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 29,950.
       (2) The Army Reserve, 16,170.
       (3) The Navy Reserve, 11,099.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 14,360.
       (6) The Air Force Reserve, 2,733.

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

       The minimum number of military technicians (dual status) as 
     of the last day of fiscal year 2009 for the reserve 
     components of the Army and the Air Force (notwithstanding 
     section 129 of title 10, United States Code) shall be the 
     following:
       (1) For the Army Reserve, 8,395.
       (2) For the Army National Guard of the United States, 
     27,210.
       (3) For the Air Force Reserve, 10,003.
       (4) For the Air National Guard of the United States, 
     22,459.

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

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

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

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

     SEC. 416. INCREASED END STRENGTHS FOR RESERVES ON ACTIVE DUTY 
                   IN SUPPORT OF THE ARMY NATIONAL GUARD AND ARMY 
                   RESERVE AND MILITARY TECHNICIANS (DUAL STATUS) 
                   OF THE ARMY NATIONAL GUARD.

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

[[Page S9115]]

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

       (a) Authorized Strengths for Majors.--The table in section 
     12011(a)(1) of title 10, United States Code, is amended by 
     striking the numbers in the column relating to ``Major'' in 
     the items relating to the Marine Corps Reserve and inserting 
     the following new numbers:
       ``99
       ``103
       ``107
       ``111
       ``114
       ``117
       ``120
       ``123
       ``126
       ``129
       ``132
       ``134
       ``136
       ``138
       ``140
       ``142''.
       (b) Authorized Strengths for Lieutenant Colonels.--The 
     table in section 12011(a)(1) of such title is further amended 
     by striking the numbers in the column relating to 
     ``Lieutenant Colonel'' in the items relating to the Marine 
     Corps Reserve and inserting the following new numbers:
       ``63
       ``67
       ``70
       ``73
       ``76
       ``79
       ``82
       ``85
       ``88
       ``91
       ``94
       ``97
       ``100
       ``103
       ``106
       ``109''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008, and shall apply with 
     respect to fiscal years beginning on or after that date.

              Subtitle C--Authorization of Appropriations

     SEC. 421. MILITARY PERSONNEL.

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

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

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

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

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

       (a) General Limitations.--Subsection (a) of section 526 of 
     title 10, United States Code, is amended by striking 
     paragraphs (1) through (4) and inserting the following new 
     paragraphs:
       ``(1) For the Army, 222.
       ``(2) For the Navy, 159.
       ``(3) For the Air Force, 206.
       ``(4) For the Marine Corps, 59.''.
       (b) Limited Exclusion for Joint Duty Requirements.--
     Subsection (b) of such section is amended to read as follows:
       ``(b) Limited Exclusion for Joint Duty Requirements.--(1) 
     The Secretary of Defense may designate up to 324 general 
     officer and flag officer positions that are joint duty 
     assignments for the purposes of chapter 38 of this title for 
     exclusion from the limitations in subsection (a). Officers in 
     positions so designated shall not be counted for the purposes 
     of those limitations.
       ``(2) Unless the Secretary of Defense determines that a 
     lower number is in the best interests of the nation, the 
     minimum number of officers serving in positions designated 
     under paragraph (1) for each armed force shall be as follows:
       ``(A) For the Army, 85.
       ``(B) For the Navy, 61.
       ``(C) For the Air Force, 76.
       ``(D) For the Marine Corps, 21.''.
       (c) Temporary Exclusion for Certain Temporary Billets.--
     Such section is further amended by inserting after subsection 
     (b), as amended by subsection (b) of this section, the 
     following new subsection:
       ``(c) Temporary Exclusion for Assignment to Certain 
     Temporary Billets.--(1) The limitations in subsection (a) do 
     not apply to a general or flag officer assigned to a 
     temporary joint duty assignment billet designated by the 
     Secretary of Defense for purposes of this section.
       ``(2) A general or flag officer assigned to a temporary 
     joint duty assignment as described in paragraph (1) may not 
     be excluded under this subsection from the limitations in 
     subsection (a) for a period longer than one year.''.
       (d) Conforming Repeal of Limitation on Number of General 
     and Flag Officers Who May Serve in Positions Outside Their 
     Own Service.--
       (1) Repeal.--Section 721 of title 10, United States Code, 
     is repealed.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 41 of such title is amended by striking 
     the item relating to section 721.
       (e) Acquisition and Contracting Billets.--The Secretary of 
     Defense, the Secretaries of the military departments, the 
     Chairman of the Joint Chiefs of Staff, and the chiefs of 
     staff of the Armed Forces shall take appropriate actions to 
     ensure that--
       (1) not less than 12 percent of all general officers and 
     flag officers in the Armed Forces generally, and in each 
     Armed Force (as applicable), serve in an acquisition 
     position; and
       (2) not less than 10 percent of all general officers and 
     flag officers in the Armed Forces generally, and in each 
     Armed Force (as applicable), who serve in an acquisition 
     position have significant contracting experience.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on January 1, 2010.

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

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

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

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

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

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

       (a) Service Excludable From Tour Length Requirements.--
     Subsection (d) of section 664 of title 10, United States 
     Code, is amended--
       (1) in paragraph (1), by striking subparagraph (D) and 
     inserting the following new subparagraph (D):
       ``(D) a qualifying reassignment from a joint duty 
     assignment--
       ``(i) for unusual personal reasons (including extreme 
     hardship and medical conditions) beyond the control of the 
     officer or the armed forces; or
       ``(ii) to another joint duty assignment immediately after--

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

       (2) by striking paragraph (3) and inserting the following 
     new paragraph (3):
       ``(3) Service in a joint duty assignment in a case in which 
     the officer's tour of duty in that assignment brings the 
     officer's accrued service for purposes of subsection (f)(3) 
     to the applicable standard prescribed in subsection (a).''.
       (b) Exclusions of Service From Computing Average Tour 
     Lengths.--Subsection (e) of such section is amended by 
     striking paragraph (2) and inserting the following new 
     paragraph (2):

[[Page S9116]]

       ``(2) In computing the average length of joint duty 
     assignments for purposes of paragraph (1), the Secretary may 
     exclude the following service:
       ``(A) Service described in subsection (c).
       ``(B) Service described in subsection (d).
       ``(C) Service described in subsection (f)(6).''.
       (c) Service Contributing Toward Full Tour of Duty.--
     Subsection (f) of such section is amended--
       (1) by striking paragraph (3) and inserting the following 
     new paragraph (3):
       ``(3) Accrued joint experience in joint duty assignments as 
     described in subsection (g).'';
       (2) in paragraph (4), by striking ``(except that'' and all 
     that follows through ``at any time)''; and
       (3) by striking paragraph (6) and inserting the following 
     new paragraph (6):
       ``(6) Any subsequent joint duty assignment that is less 
     than the period required under subsection (a), but not less 
     than two years.''.
       (d) Accrual of Joint Experience.--Subsection (g) of such 
     section is amended to read as follows:
       ``(g) Accrued Joint Experience.--Accrued joint experience 
     that may be aggregated to equal a full tour of duty for 
     purposes of subsection (f)(3) shall include such temporary 
     duty in joint assignments, joint individual training, and 
     participation in joint exercises, and for such periods, as 
     shall be prescribed in regulations by the Secretary of 
     Defense in consultation with the advice of the Chairman of 
     the Joint Chiefs of Staff.''.
       (e) Constructive Credit.--Subsection (h) of such section is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``accord'' and inserting ``award''; and
       (B) by striking ``(f)(4), or (g)(2)'' and inserting ``or 
     (f)(4)''; and
       (2) by striking paragraph (3).
       (f) Repeal of Joint Duty Credit for Certain Joint Task 
     Force Assignments.--Such section is further amended by 
     striking subsection (i).

     SEC. 505. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 
                   MODIFICATION OF JOINT SPECIALTY REQUIREMENTS.

       (a) Joint Duty Assignments After Completion of Joint 
     Professional Military Education.--Section 663 of title 10, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) in the heading, by striking ``Joint Specialty 
     Officers.--'' and inserting ``Joint Qualified Officers.--''; 
     and
       (B) by striking ``officer with the joint specialty'' and 
     inserting ``designated as a joint qualified officer''; and
       (2) in subsection (b)(1), by striking ``do not have the 
     joint specialty'' and inserting ``are not designated as joint 
     qualified officers''.
       (b) Procedures for Monitoring Careers of Joint Officers.--
     Section 665 of such title is amended--
       (1) in subsection (a)(l)(A), by striking ``officers with 
     the joint specialty'' and inserting ``officers designated as 
     joint qualified officers''; and
       (2) in subsection (b)(1), by striking ``officers with the 
     joint specialty'' and inserting ``officers designated as 
     joint qualified officers''.
       (c) Annual Reports.--Section 667 of such title is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``selected for the 
     joint specialty'' and inserting ``designated as joint 
     qualified officers''; and
       (B) in subparagraph (B), by striking ``selection for the 
     joint specialty but were not selected'' and inserting 
     ``designation as joint qualified officers but were not 
     designated'';
       (2) in paragraph (2), by striking ``officers with the joint 
     specialty'' and inserting ``officers designated as joint 
     qualified officers'';
       (3) in paragraph (3), by striking ``selected for the joint 
     specialty'' each place it appears and inserting ``designated 
     as joint qualified officers'';
       (4) in paragraph (4)--
       (A) in subparagraph (A), by striking ``selected for the 
     joint specialty'' and inserting ``designated as joint 
     qualified officers''; and
       (B) by striking subparagraph (B) and inserting the 
     following new subparagraph (B):
       ``(B) a comparison of--
       ``(i) the number of officers designated as joint qualified 
     officers who had served in a joint duty assignment list 
     billet and completed Phase II joint professional military 
     education; with
       ``(ii) the number of officers designated as joint qualified 
     officers based on their aggregated joint experiences and 
     completion of Phase II joint professional military 
     education.'';
       (5) by striking paragraph (16);
       (6) by redesignating paragraphs (5) through (15) as 
     paragraphs (6) through (16), respectively;
       (7) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) The promotion rate for officers from within the 
     promotion zone who are designated as joint qualified officers 
     compared with the promotion rate for other officers 
     considered for promotion from within the promotion zone in 
     the same pay grade and the same competitive category, shown 
     for all officers of the armed force and for officers of the 
     armed force concerned designated as joint qualified 
     officers.'';
       (8) in paragraph (7), as redesignated by paragraph (6) of 
     this subsection--
       (A) by striking ``officers with the joint specialty'' and 
     inserting ``officers designated as joint qualified 
     officers''; and
       (B) by striking ``paragraph (5)'' and inserting ``paragraph 
     (6)'';
       (9) in paragraph (8), as so redesignated, by striking 
     ``paragraph (5)'' and inserting ``paragraph (6)'';
       (10) in paragraph (9), as so redesignated--
       (A) by striking ``officers with the joint specialty'' and 
     inserting ``officers designated as joint qualified 
     officers''; and
       (B) by striking ``paragraph (5)'' and inserting ``paragraph 
     (6)'';
       (11) in paragraph (10), as so redesignated--
       (A) by striking ``officers with the joint specialty'' and 
     inserting ``officers designated as joint qualified 
     officers''; and
       (B) by striking ``paragraph (5)'' and inserting ``paragraph 
     (6)'';
       (12) in paragraph (11), as so redesignated, by striking 
     ``selection for the joint specialty'' and inserting 
     ``designation as joint qualified officers'';
       (13) in paragraph (14), as so redesignated--
       (A) by striking ``paragraphs (5) through (9)'' and 
     inserting ``paragraphs (6) through (10)''; and
       (B) by striking ``having the joint specialty'' and 
     inserting ``designated as joint qualified officers'';
       (14) by redesignating paragraph (18) as paragraph (19); and
       (15) by inserting after paragraph (17) the following new 
     paragraph (18):
       ``(18) The number of officers in the grade of captain or 
     above, or in the case of the Navy, lieutenant or above, 
     certified at each level of joint qualification, with such 
     numbers to be set forth separated for each armed force and 
     for each covered grade of officer within each armed force.''.

     SEC. 506. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS 
                   OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS 
                   FOR SUBSTANDARD PERFORMANCE AND OTHER REASONS.

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

     SEC. 507. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE 
                   TO THE COMMANDANT OF THE MARINE CORPS.

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

     SEC. 508. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE 
                   UNITED STATES AIR FORCE ACADEMY.

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

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

       Section 1305 of title 10, United States Code, is amended--
       (1) in subsection (a), ``A regular warrant officer'' and 
     inserting ``A regular Army warrant officer'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c), and (d), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection (b);
       ``(b) A regular warrant officer (other than a regular Army 
     warrant officer) who has at least 30 years of active service 
     that could be credited to him under section 511 of the Career 
     Compensation Act of 1949, as amended, may be retired 60 days 
     after the date on which he completes that service, except as 
     provided by section 8301 of title 5.''; and
       (4) in subsections (c) and (d), as redesignated by 
     paragraph (2), by inserting ``or (b)'' after ``subsection 
     (a)''.

     SEC. 510. MODIFICATION OF REQUIREMENTS FOR QUALIFICATION FOR 
                   ISSUANCE OF POSTHUMOUS COMMISSIONS AND 
                   WARRANTS.

       (a) Posthumous Commissions.--Section 1521 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``in line of duty'' each 
     place it appears; and
       (2) by adding at the end the following new subsection:
       ``(c) A commission issued under subsection (a) shall 
     require a certification by the Secretary of the military 
     department concerned

[[Page S9117]]

     that at the time of death the member was qualified for 
     appointment to the next higher grade.''.
       (b) Posthumous Warrants.--Section 1522 of such title is 
     amended--
       (1) in subsection (a), by striking ``in line of duty''; and
       (2) by adding at the end the following new subsection:
       ``(c) A warrant issued under subsection (a) shall require a 
     finding by the Secretary of the military department concerned 
     that at the time of death the member was qualified for 
     appointment to the next higher grade.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to deaths of members of the 
     Armed Forces occurring on or after that date.

                 Subtitle B--Enlisted Personnel Policy

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

       (a) Increase in Maximum Period.--Section 505(d) of title 
     10, United States Code, is amended--
       (1) in paragraph (2), by striking ``six years'' and 
     inserting ``eight years''; and
       (2) in paragraph (3)(A), by striking ``six years'' and 
     inserting ``eight years''.
       (b) Conforming Amendment Relating to Payment of 
     Reenlistment Bonus.--Section 308(a)(2)(A)(ii) of title 37, 
     United States Code, is amended by striking ``six'' and 
     inserting ``eight''.

                Subtitle C--Reserve Component Management

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

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

     SEC. 532. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY 
                   AUTHORITY FOR DEFERRAL OF MANDATORY SEPARATION 
                   OF MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE 
                   60.

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

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

       (a) Selective Service and United States Property and Fiscal 
     Officers.--Section 12647 of title 10, United States Code, is 
     amended by striking ``60 years'' and inserting ``62 years''.
       (b) Headquarters and Reserve Technician Officer 
     Personnel.--
       (1) In general.--Subsection (b) of section 14702 of such 
     title is amended--
       (A) in the subsection caption, by striking ``Age 60'' and 
     inserting ``Age 62''; and
       (B) by striking ``60 years'' and inserting ``62 years''.
       (2) Conforming amendment.--The heading of such section is 
     amended to read as follows:

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

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

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

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

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

     SEC. 535. AUTHORITY FOR RETENTION OF RESERVE COMPONENT 
                   CHAPLAINS AND MEDICAL OFFICERS UNTIL AGE 68.

       (a) Reserve Chaplains and Medical Officers.--Section 
     14703(b) of title 10, United States Code, is amended by 
     striking ``67 years'' and inserting ``68 years''.
       (b) National Guard Chaplains and Medical Officers.--Section 
     324(a) of title 32, United States Code, is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) in the case of a chaplain or medical officer, he 
     becomes 68 years of age; or''.

     SEC. 536. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF 
                   NATIONAL GUARD OFFICERS.

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

     SEC. 537. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER 
                   NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

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

     SEC. 538. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN 
                   SKILLS OF MEMBERS OF THE RESERVE COMPONENTS OF 
                   THE ARMED FORCES.

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

                   Subtitle D--Education and Training

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

       (a) In General.--Section 6954 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``4,000 or such higher number'' and 
     inserting ``4,400 or such lower number''; and
       (B) by striking ``under subsection (h)''; and

[[Page S9118]]

       (2) by striking subsection (h).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to academic years at the United 
     States Naval Academy after the 2007-2008 academic year.

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

       Section 9314(c) of title 10, United States Code, is amended 
     by adding at the end the following new paragraphs:
       ``(4)(A) The Institute shall charge tuition for the cost of 
     instruction at the Institute for individuals described in 
     subparagraph (B).
       ``(B) The individuals described in this subparagraph are 
     any individuals, including civilian employees of the military 
     departments other than the Air Force, of other components of 
     the Department of Defense, and of other Federal agencies, 
     receiving instruction at the Institute.
       ``(C) The cost of any tuition charged an individual under 
     this paragraph shall be borne by the department, agency, or 
     component sending the individual for instruction at the 
     Institute.
       ``(5) Amounts received by the Institute for the instruction 
     of students under this subsection shall be retained by the 
     Institute and available to the Institute to cover the costs 
     of such instruction. The source and disposition of such 
     amounts shall be specifically identified in the records of 
     the Institute.''.

     SEC. 553. INCREASE IN STIPEND FOR BACCALAUREATE STUDENTS IN 
                   NURSING OR OTHER HEALTH PROFESSIONS UNDER 
                   HEALTH PROFESSIONS STIPEND PROGRAM.

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

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

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

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

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding the following new section:

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

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

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

           Subtitle E--Defense Dependents' Education Matters

     SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
                   EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
                   MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
                   DEFENSE CIVILIAN EMPLOYEES.

       (a) Assistance to Schools With Significant Numbers of 
     Military Dependent Students.--Of the amount authorized to be 
     appropriated for fiscal year 2009 pursuant to section 301(5) 
     for operation and maintenance for Defense-wide activities, 
     $30,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (a) of section 572 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3271; 20 U.S.C. 7703b).
       (b) Assistance to Schools With Enrollment Changes Due to 
     Base Closures, Force Structure Changes, or Force 
     Relocations.--Of the amount authorized to be appropriated for 
     fiscal year 2009 pursuant to section 301(5) for operation and 
     maintenance for Defense-wide activities, $10,000,000 shall be 
     available only for the purpose of providing assistance to 
     local educational agencies under subsection (b) of such 
     section 572.
       (c) Local Educational Agency Defined.--In this section, the 
     term ``local educational agency'' has the meaning given that 
     term in section 8013(9) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7713(9)).

     SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

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

     SEC. 563. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG 
                   LOCAL EDUCATIONAL AGENCIES.

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

                 Subtitle F--Military Family Readiness

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

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

                       Subtitle G--Other Matters

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

       (a) Policy Required.--Not later than August 1, 2009, the 
     Secretary of Defense shall develop a comprehensive policy 
     designed to prevent suicide by members of the Armed Forces.
       (b) Purposes.--The purposes of the policy required by this 
     section shall be as follows:
       (1) To ensure that investigations, analyses, and 
     appropriate data collection can be conducted, across the 
     military departments, on the causes and factors surrounding 
     suicides by members of the Armed Forces.
       (2) To develop effective strategies and policies for the 
     education of members of the Armed Forces to assist in 
     preventing suicides and suicide attempts by members of the 
     Armed Forces.
       (c) Elements.--The policy required by this section shall 
     include, but not be limited to, the following:
       (1) Requirements for investigations and data collection in 
     connection with suicides by members of the Armed Forces.

[[Page S9119]]

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

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

       (a) Relief Authorized.--Chapter 3 of title 10, United 
     States Code, is amended by inserting after section 127c, as 
     added by section 1201 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2410), the following new section:

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

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

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

     SEC. 583. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.

       (a) Leave Authorized.--Section 701 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(j)(1) Under regulations prescribed by the Secretary of 
     Defense, a member of the armed forces on active duty who is 
     the husband of a woman who gives birth to a child may be 
     given up to 21 days of leave to be used in connection with 
     the birth of the child.
       ``(2) Leave under paragraph (1) is in addition to other 
     leave authorized under the provisions of this section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply only with respect to children born on or 
     after that date.

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

       (a) In General.--Section 717 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)(1), by striking ``and the Olympic 
     Games'' and inserting ``the Olympic Games, and the Military 
     World Games'';
       (2) in subsection (b), by striking ``subsections (c) and 
     (d)'' and inserting ``subsections (c) and (e)'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``$3,000,000'' and inserting 
     ``$6,000,000''; and
       (ii) by striking ``October 1, 1980'' and inserting 
     ``October 1, 2008''; and
       (B) in paragraph (2)--
       (i) by striking ``$100,00'' and inserting ``$200,000''; and
       (ii) by striking ``October 1, 1980'' and inserting 
     ``October 1, 2008'';
       (4) by redesignating subsection (d) as subsection (e); and
       (5) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d)(1) The Secretary of Defense may plan for the 
     following:
       ``(A) The participation by military personnel in 
     international sports activities and competitions as 
     authorized by subsection (a).
       ``(B) The hosting of military international sports 
     activities, competitions, and events such as the Military 
     World Games.
       ``(2) Planning and other activities associated with hosting 
     of international sports activities, competitions, and events 
     under this subsection shall, to the maximum extent possible, 
     be funded using appropriations available to the Department of 
     Defense .''.
       (b) Report on Planning for International Sports Activities, 
     Competitions, and Events.--
       (1) Report required.--Not later than October 1, 2009, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report setting forth a comprehensive plan for the following:
       (A) The participation by personnel of the Department of 
     Defense in international sports activities, competitions, and 
     events (including the Pan American Games, the Olympic Games, 
     the Paralympic Games, the Military World Games, other 
     activities of the International Military Sports Council 
     (CISM), and the Interallied Confederation of Reserve Officers 
     (CIOR)) through fiscal year 2015.
       (B) The hosting by the Department of Defense of military 
     international sports activities, competitions, and events 
     through fiscal year 2015.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A discussion of the military international sports 
     activities, competitions, and events that the Department of 
     Defense intends to seek to host, an estimate of the costs of 
     hosting such activities, competitions, and events that the 
     Department intends to seek to host, and a description of the 
     sources of funding for such costs.
       (B) A discussion of the use and replenishment of funds in 
     the account in the Treasury for the Support for International 
     Sporting Competitions for the hosting of such activities, 
     competitions, and events that the Department intends to seek 
     to host.
       (C) A discussion of the support that may be obtained from 
     other departments and agencies of the Federal Government, 
     State and local governments, and private entities in

[[Page S9120]]

     encouraging participation of members of the Armed Forces in 
     international sports activities, competitions, and events or 
     in hosting of military international sports activities, 
     competitions, and events.
       (D) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate to implement or 
     enhance planning for the matters described in paragraph (1).
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2008.

     SEC. 585. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE 
                   RETENTION OF MEMBERS OF THE ARMED FORCES.

       (a) Pilot Programs Authorized.--
       (1) In general.--Each Secretary of a military department 
     may carry out a pilot program under which officers and 
     enlisted members of the regular components of the Armed 
     Forces under the jurisdiction of such Secretary may be 
     inactivated from active duty in order to meet personal or 
     professional needs and returned to active duty at the end of 
     such period of inactivation from active duty.
       (2) Purpose.--The purpose of the pilot programs under this 
     section shall be to evaluate whether permitting inactivation 
     from active duty and greater flexibility in career paths for 
     members of the Armed Forces will provide an effective means 
     to enhance retention of members of the Armed Forces and the 
     capacity of the Department of Defense to respond to the 
     personal and professional needs of individual members of the 
     Armed Forces.
       (b) Limitation on Eligible Members.--A member of the Armed 
     Forces is not eligible to participate in a pilot program 
     under this section during any period of service required of 
     the member due to receipt of the following:
       (1) An accession bonus for medical officers in critically 
     short wartime specialties under section 302k of title 37, 
     United States Code.
       (2) An accession bonus for dental specialists in critically 
     short wartime specialties under section 302l of title 37, 
     United States Code.
       (3) A retention bonus for members qualified in critical 
     military skills or assigned to high priority units under 
     section 355 of title 37, United States Code.
       (c) Limitation on Number of Members.--Not more than 20 
     officers and 20 enlisted members of an Armed Force may 
     participate in a pilot program under this section at any one 
     time.
       (d) Limitation on Period of Inactivation From Active 
     Duty.--The period of inactivation from active duty under the 
     pilot program under this section of a member participating in 
     the pilot program shall be such period as the Secretary 
     concerned shall specify in the agreement of the member under 
     subsection (e), except that such period may not exceed three 
     years.
       (e) Agreement.--Each member of the Armed Forces who 
     participates in a pilot program under this section shall 
     enter into a written agreement with the Secretary of the 
     military department concerned under which agreement that 
     member shall agree as follows:
       (1) To accept an appointment or enlist, as applicable, and 
     serve in the Ready Reserve of the Armed Force concerned 
     during the period of the member's inactivation from active 
     duty under the pilot program.
       (2) To undergo during the period of the inactivation of the 
     member from active duty under the pilot program such inactive 
     duty training as the Secretary concerned shall require in 
     order to ensure that the member retains appropriate 
     proficiency in the member's military skills, professional 
     qualifications, and physical readiness during the 
     inactivation of the member from active duty.
       (3) Following completion of the period of the inactivation 
     of the member from active duty under the pilot program, to 
     serve two months as a member of the Armed Forces on active 
     duty for each month of the period of the inactivation of the 
     member from active duty under the pilot program.
       (f) Order to Active Duty.--Under regulations prescribed by 
     the Secretary of the military department concerned, a member 
     of the Armed Forces participating in a pilot program under 
     this section may, in the discretion of such Secretary, be 
     required to terminate participation in the pilot program and 
     be ordered to active duty.
       (g) Pay and Allowances.--
       (1) Basic pay.--During each month of participation in a 
     pilot program under this section, a member who participates 
     in the pilot program shall be paid basic pay in an amount 
     equal to two-thirtieths of the amount of monthly basic pay to 
     which the member would otherwise be entitled under section 
     204 of title 37, United States Code, as a member of the 
     uniformed services on active duty in the grade and years of 
     service of the member when the member commences participation 
     in the pilot program.
       (2) Special and incentive pays.--
       (A) Prohibition on receipt during participation.--A member 
     who participates in a pilot program shall not, while 
     participating in the pilot program, be paid any special or 
     incentive pay or bonus to which the member is otherwise 
     entitled under an agreement under chapter 5 of title 37, 
     United States Code, that is in force when the member 
     commences participation in the pilot program.
       (B) Treatment of required service.--The inactivation from 
     active duty of a member participating in a pilot program 
     shall not be treated as a failure of the member to perform 
     any period of service required of the member in connection 
     with an agreement for a special or incentive pay or bonus 
     under chapter 5 of title 37, United States Code, that is in 
     force when the member commences participation in the pilot 
     program.
       (C) Revival of special pays upon return to active duty.--
     Subject to subparagraph (D), upon the return of a member to 
     active duty after completion by the member of participation 
     in a pilot program--
       (i) any agreement entered into by the member under chapter 
     5 of title 37, United States Code, for the payment of a 
     special or incentive pay or bonus that was in force when the 
     member commenced participation in the pilot program shall be 
     revived, with the term of such agreement after revival being 
     the period of the agreement remaining to run when the member 
     commenced participation in the pilot program; and
       (ii) any special or incentive pay or bonus shall be payable 
     to the member in accordance with the terms of the agreement 
     concerned for the term specified in clause (i).
       (D) Limitations.--
       (i) Limitation at time of return to active duty.--
     Subparagraph (C) shall not apply to any special or incentive 
     pay or bonus otherwise covered by that subparagraph with 
     respect to a member if, at the time of the return of the 
     member to active duty as described in that subparagraph--

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

       (ii) Cessation during later service.--Subparagraph (C) 
     shall cease to apply to any special or incentive pay or bonus 
     otherwise covered by that subparagraph with respect to a 
     member if, during the term of the revived agreement of the 
     member under subparagraph (C)(i), such pay or bonus ceases 
     being authorized by law.
       (E) Repayment.--A member who is ineligible for payment of a 
     special or incentive pay or bonus otherwise covered by this 
     paragraph by reason of subparagraph (D)(i)(II) shall be 
     subject to the requirements for repayment of such pay or 
     bonus in accordance with the terms of the applicable 
     agreement of the member under chapter 5 of title 37, United 
     States Code.
       (F) Construction of required service.--Any service required 
     of a member under an agreement covered by this paragraph 
     after the member returns to active duty as described in 
     subparagraph (C) shall be in addition to any service required 
     of the member under an agreement under subsection (e).
       (3) Certain travel and transportation allowances.--
       (A) In general.--Subject to subparagraph (B), a member who 
     participates in a pilot program is entitled, while 
     participating in the pilot program, to the travel and 
     transportation allowances authorized by section 404 of title 
     37, United States Code, for--
       (i) travel performed from the member's residence, at the 
     time of release from active duty to participate in the pilot 
     program, to the location in the United States designated by 
     the member as his residence during the period of 
     participation in the pilot program; and
       (ii) travel performed to the member's residence upon return 
     to active duty at the end of the member's participation in 
     the pilot program.
       (B) Limitation.--An allowance is payable under this 
     paragraph only with respect to travel of a member to and from 
     a single residence.
       (h) Promotion.--
       (1) Officers.--
       (A) Limitation on promotion.--An officer participating in a 
     pilot program under this section shall not, while 
     participating in the pilot program, be eligible for 
     consideration for promotion under chapter 36 or 1405 of title 
     10, United States Code.
       (B) Promotion and rank upon return to active duty.--Upon 
     the return of an officer to active duty after completion by 
     the officer of participation in a pilot program--
       (i) the Secretary concerned shall adjust the officer's date 
     of rank in such manner as the Secretary of Defense shall 
     prescribe in regulations for purposes of this section; and
       (ii) the officer shall be eligible for consideration for 
     promotion when officers of the same competitive category, 
     grade, and seniority are eligible for consideration for 
     promotion.
       (2) Enlisted members.--An enlisted member participating in 
     a pilot program shall not be eligible for consideration for 
     promotion during the period that--
       (A) begins on the date of the member's inactivation from 
     active duty under the pilot program; and
       (B) ends at such time after the return of the member to 
     active duty under the pilot program that the member is 
     treatable as eligible for promotion by reason of time in 
     grade and such other requirements as the Secretary of the 
     military department concerned shall prescribe in regulations 
     for purposes of the pilot program.
       (i) Medical and Dental Care.--A member participating in a 
     pilot program under this section shall, while participating 
     in the pilot program, be treated as a member of the Armed 
     Forces on active duty for a period of more than 30 days for 
     purposes of the entitlement of the member and the member's 
     dependents to medical and dental care under the provisions of 
     chapter 55 of title 10, United States Code.

[[Page S9121]]

       (j) Treatment of Period of Participation for Purposes of 
     Retirement and Related Purposes.--Any period of participation 
     of a member in a pilot program under this section shall not 
     count toward--
       (1) eligibility for retirement or transfer to the Ready 
     Reserve under either chapter 571 or 1223 of title 10, United 
     States Code;
       (2) computation of retired or retainer pay under chapter 71 
     or 1223 of title 10, United States Code; or
       (3) computation of total years of commissioned service 
     under section 14706 of title 10, United States Code.
       (k) Reports.--
       (1) Interim reports.--Not later than June 1 of each of 2010 
     and 2012, each Secretary of a military department shall 
     submit to the congressional defense committees a report on 
     the implementation and current status of the pilot programs 
     conducted by such Secretary under this section.
       (2) Final report.--Not later than March 1, 2015, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the pilot programs conducted 
     under this section.
       (3) Elements of report.--Each interim report and the final 
     report under this subsection shall include the following:
       (A) A description of each pilot program conducted under 
     this section, including a description of the number of 
     applicants for such pilot program and the criteria used to 
     select individuals for participation in such pilot program.
       (B) An assessment by the Secretary concerned of the pilot 
     programs, including an evaluation of whether--
       (i) the authorities of the pilot programs provided an 
     effective means to enhance the retention of members of the 
     Armed Forces possessing critical skills, talents, and 
     leadership abilities;
       (ii) the career progression in the Armed Forces of 
     individuals who participate in the pilot program has been or 
     will be adversely affected; and
       (iii) the usefulness of the pilot program in responding to 
     the personal and professional needs of individual members of 
     the Armed Forces.
       (C) Such recommendations for legislative or administrative 
     action as the Secretary concerned considers appropriate for 
     the modification or continuation of the pilot programs.
       (l) Duration of Program Authority.--The authority to 
     conduct a pilot program authorized by this section shall 
     commence on January 1, 2009 and expire on December 31, 2014. 
     No member of the Armed Forces may be in a period of 
     inactivation from active duty under the pilot program after 
     December 31, 2014.

     SEC. 586. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL 
                   ADVICE BY THE LEGAL COUNSEL TO THE CHAIRMAN OF 
                   THE JOINT CHIEFS OF STAFF.

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

       (a) Nurse Officer Candidate Accession Program.--Section 
     2130a(a)(1) of title 10, United States Code, is amended by 
     striking ``December 31, 2008'' and inserting ``December 31, 
     2009''.
       (b) Repayment of Education Loans for Certain Health 
     Professionals Who Serve in the Selected Reserve.--Section 
     16302(d) of such title is amended by striking ``January 1, 
     2009'' and inserting ``January 1, 2010''.
       (c) Accession Bonus for Registered Nurses.--Section 
     302d(a)(1) of title 37, United States Code, is amended by 
     striking ``December 31, 2008'' and inserting ``December 31, 
     2009''.
       (d) Incentive Special Pay for Nurse Anesthetists.--Section 
     302e(a)(1) of such title is amended by striking ``December 
     31, 2008'' and inserting ``December 31, 2009''.
       (e) Special Pay for Selected Reserve Health Professionals 
     in Critically Short Wartime Specialties.--Section 302g(e) of 
     such title is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2009''.
       (f) Accession Bonus for Dental Officers.--Section 
     302h(a)(1) of such title is amended by striking ``December 
     31, 2008'' and inserting ``December 31, 2009''.
       (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) 
     of such title is amended by striking ``December 31, 2008'' 
     and inserting ``December 31, 2009''.
       (h) Accession Bonus for Medical Officers in Critically 
     Short Wartime Specialties.--Section 302k(f) of such title is 
     amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.
       (i) Accession Bonus for Dental Specialist Officers in 
     Critically Short Wartime Specialties.--Section 302l(g) of 
     such title is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2009''.

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

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

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

       (a) Aviation Officer Retention Bonus.--Section 301b(a) of 
     title 37, United States Code, is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2009''.
       (b) Assignment Incentive Pay.--Section 307a(g) of such 
     title is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2009''.
       (c) Reenlistment Bonus for Active Members.--Section 308(g) 
     of such title is amended by striking ``December 31, 2008'' 
     and inserting ``December 31, 2009''.
       (d) Enlistment Bonus.--Section 309(e) of such title is 
     amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.
       (e) Accession Bonus for New Officers in Critical Skills.--
     Section 324(g) of such title is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2009''.
       (f) Incentive Bonus for Conversion to Military Occupational 
     Specialty To Ease Personnel Shortage.--Section 326(g) of such 
     title is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2009''.
       (g) Accession Bonus for Officer Candidates.--Section 330(f) 
     of such title is amended by striking ``December 31, 2008'' 
     and inserting ``December 31, 2009''.
       (h) Retention Bonus for Members With Critical Military 
     Skills or Assigned to High Priority Units.--Section 355(i) of 
     such title, as redesignated by section 661(c) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181), is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2009''.
       (i) Income Replacement for Reserve Members Experiencing 
     Extended and Frequent Mobilizations.--Section 910(g) of such 
     title is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2009''.

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

       (a) Health Professions Referral Bonus.--Subsection (i) of 
     section 1030 of title 10, United States Code, as added by 
     section 671(b) of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181), is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2009''.
       (b) Army Referral Bonus.--Subsection (h) of section 3252 of 
     title 10, United States Code, as added by section 671(a) of 
     the National Defense Authorization Act for Fiscal Year 2008, 
     is amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.

     SEC. 616. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR 
                   MEALS RECEIVED AT MILITARY TREATMENT FACILITIES 
                   BY MEMBERS RECEIVING CONTINUOUS CARE.

       Section 402(h) of title 37, United States Code, is 
     amended--

[[Page S9122]]

       (1) in paragraph (1), by striking ``during any month 
     covered by paragraph (3)''; and
       (2) by striking paragraph (3).

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

       (a) Multiyear Retention Bonus for Psychologists.--
       (1) In general.--Chapter 5 of title 37, United States Code, 
     is amended by inserting after section 301e the following new 
     section:

     ``Sec. 301f. Multiyear retention bonus: psychologists of the 
       armed forces

       ``(a) Bonus Authorized.--An officer described in subsection 
     (c) who executes a written agreement to remain on active duty 
     for up to four years after completion of any other active-
     duty service commitment may, upon acceptance of the agreement 
     by the Secretary concerned, be paid a retention bonus as 
     provided in this section.
       ``(b) Maximum Amount of Bonus.--The amount of a retention 
     bonus under subsection (a) may not exceed $25,000 for each 
     year of the agreement of the officer concerned.
       ``(c) Eligible Officers.--An officer described in this 
     subsection is an officer of the armed forces who--
       ``(1) is a psychologist of the armed forces;
       ``(2) is in a pay grade below pay grade O-7;
       ``(3) has at least eight years of creditable service 
     (computed as described in section 302b(f) of this title) or 
     has completed any active-duty service commitment incurred for 
     psychology education and training;
       ``(4) has completed initial residency training (or will 
     complete such training before September 30 of the fiscal year 
     in which the officer enters into an agreement under 
     subsection (a)); and
       ``(5) holds a valid State license to practice as a doctoral 
     level psychologist.
       ``(d) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (a) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 301e the following new 
     item:

``301f. Multiyear retention bonus: psychologists of the armed 
              forces.''.

       (b) Accession Bonus for Psychologists.--
       (1) In general.--Chapter 5 of title 37, United States Code, 
     is amended by inserting after section 302l the following new 
     section:

     ``Sec. 302m. Special pay: accession bonus for psychologists

       ``(a) Accession Bonus Authorized.--A person described in 
     subsection (b) who executes a written agreement described in 
     subsection (e) to accept a commission as an officer of the 
     armed forces and remain on active duty for a period of not 
     less than four consecutive years may, upon acceptance of the 
     agreement by the Secretary concerned, be paid an accession 
     bonus in an amount determined by the Secretary concerned.
       ``(b) Eligible Persons.--A person described in this section 
     is any person who--
       ``(1) is a graduate of an accredited school of psychology; 
     and
       ``(2) holds a valid State license to practice as a doctoral 
     level psychologist.
       ``(c) Maximum Amount of Bonus.--The amount of an accession 
     bonus under subsection (a) may not exceed $400,000.
       ``(d) Limitation on Eligibility.--A person may not be paid 
     a bonus under subsection (a) if--
       ``(1) the person, in exchange for an agreement to accept an 
     appointment as an officer, received financial assistance from 
     the Department of Defense to pursue a course of study in 
     psychology; or
       ``(2) the Secretary concerned determines that the person is 
     not qualified to become and remain certified as a 
     psychologist.
       ``(e) Agreement.--The agreement referred to in subsection 
     (a) shall provide that, consistent with the needs of the 
     armed force concerned, the person executing the agreement 
     will be assigned to duty, for the period of obligated service 
     covered by the agreement, as an officer of such armed force 
     as a psychologist.
       ``(f) Repayment.--A person who, after signing an agreement 
     under subsection (a), is not commissioned as an officer of 
     the armed forces, does not become licensed as a psychologist, 
     or does not complete the period of active duty specified in 
     the agreement shall be subject to the repayment provisions of 
     section 303a(e) of this title.
       ``(g) Termination of Authority.--No agreement under this 
     section may be entered into after December 31, 2009.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 302l the following new 
     item:

``302m. Special pay: accession bonus for psychologists.''.

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

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

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

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

       (a) Incentive Pay Authorized.--
       (1) In general.--Chapter 5 of title 37, United States Code, 
     is amended by inserting after section 316 the following new 
     section:

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

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

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

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

            Subtitle C--Travel and Transportation Allowances

     SEC. 631. SHIPMENT OF FAMILY PETS DURING EVACUATION OF 
                   PERSONNEL.

       Section 406(b)(1) of title 37, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(H)(i) Except as provided in paragraph (2) and subject to 
     clause (iii), in connection with an evacuation from a 
     permanent station located in a foreign area, a member is 
     entitled to transportation (including shipment and payment of 
     any quarantine costs) of not more than two family household 
     pets.
       ``(ii) A member entitled to transportation under clause (i) 
     may be paid reimbursement or, at the member's request, a 
     monetary allowance in accordance with the provisions of 
     subparagraph (F) if the member secures by commercial means 
     shipment and any quarantining of the pets otherwise subject 
     to transportation under clause (i).
       ``(iii) The provision of transportation under clause (i) 
     and the payment of reimbursement under clause (ii) shall be 
     subject to such regulations as the Secretary of Defense shall 
     prescribe with respect to members of the armed forces for 
     purposes of this subparagraph. Such regulations may specify 
     limitations on the types or size of pets for

[[Page S9123]]

     which transportation may be so provided or reimbursement so 
     paid.''.

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

       (a) Special Weight Allowance.--Section 406(b)(1)(D) of 
     title 37, United States Code, is amended--
       (1) by inserting ``(i)'' after ``(D)'';
       (2) in the second sentence of clause (i), as so 
     redesignated, by striking ``this subparagraph'' and inserting 
     ``this clause'';
       (3) by redesignating the last sentence as clause (iii) and 
     indenting the margin of such clause, as so designated, two 
     ems from the left margin; and
       (4) by inserting after clause (i), as redesignated by 
     paragraph (2), the following new clause:
       ``(ii) In addition to the weight allowance authorized for 
     such member with dependents under paragraph (C), the 
     Secretary concerned may authorize up to an additional 500 
     pounds in weight allowance for shipment of professional books 
     and equipment belonging to the spouse of such member.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2009, and shall apply with 
     respect to shipment provided on or after that date.

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

       (a) Allowances Authorized.--
       (1) In general.--Chapter 7 of title 37, United States Code, 
     is amended by inserting after section 411j the following new 
     section:

     ``Sec. 411k. Travel and transportation allowances: travel 
       performed by certain members of the reserve components of 
       the armed forces in connection with leave for suspension of 
       training

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

``411k. Travel and transportation allowances: travel performed by 
              certain members of the reserve components of the armed 
              forces in connection with leave for suspension of 
              training.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to travel that occurs on or 
     after that date.

             Subtitle D--Retired Pay and Survivor Benefits

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

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

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

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

                       Subtitle E--Other Matters

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

       (a) Availability of Separation Pay Otherwise Available for 
     Involuntary Separation.--
       (1) In general.--A member of the Armed Forces who is 
     separated from the Armed Forces under the Surviving Son or 
     Daughter policy of the Department of Defense before the 
     member completes twenty years of service in the Armed Force 
     shall be entitled to separation pay payable under section 
     1174 of title 10, United States Code.
       (2) No minimum service before separation.--A member of the 
     Armed Forces described in paragraph (1) who is separated from 
     the Armed Forces as described in that paragraph is entitled 
     to separation pay under that paragraph without regard to 
     section 1174(c) of title 10, United States Code.
       (3) Inapplicability of requirement for service in ready 
     reserve.--Section 1174(e) of title 10, United States Code, 
     shall not apply to a member of the Armed Forces described in 
     paragraph (1) who is separated from the Armed Forces as 
     described in that paragraph.
       (4) Amount of pay.--The amount of the separation pay to be 
     paid to a member pursuant to this subsection shall be based 
     on the years of active service actually completed by the 
     member before the member's separation

[[Page S9124]]

     from the Armed Forces as described in paragraph (1).
       (b) Transitional Health Care.--
       (1) In general.--A member of the Armed Forces who is 
     separated from the Armed Forces under the Surviving Son or 
     Daughter policy of the Department of Defense is entitled to 
     health care benefits under section 1145 of title 10, United 
     States Code, as if such member were an individual described 
     by subsection (a)(2) of such section.
       (2) Dependents.--The dependents of a member entitled to 
     health care benefits under paragraph (1) are entitled to 
     health care benefits in the same manner with respect to such 
     member as dependents of members of the Armed Forces are 
     entitled to such benefits with respect to such members under 
     section 1145 of title 10, United States Code.
       (c) Transitional Commissary and Exchange Benefits.--A 
     member of the Armed Forces who is separated from the Armed 
     Forces under the Surviving Son or Daughter policy of the 
     Department of Defense is entitled to continue to use 
     commissary and exchange stores and morale, welfare, and 
     recreational facilities in the same manner as a member on 
     active duty in the Armed Forces during the two-year period 
     beginning on the later of the following dates:
       (1) The date of the separation of the member.
       (2) The date on which the member is first notified of the 
     members entitlement to benefits under this subsection.
       (d) Surviving Son or Daughter Policy of the Department of 
     Defense Defined.--In this section, the term ``Surviving Son 
     or Daughter policy of the Department of Defense'' means the 
     policy of the Department of Defense for the separation from 
     the Armed Forces of a member of the Armed Forces who is a son 
     or daughter in a family in which the father, mother, or 
     another son or daughter--
       (1) has been killed in action or died while serving in the 
     Armed Forces from a wound, accident, or disease;
       (2) is a member of the Armed Forces in a captured or 
     missing-in-action status; or
       (3) has a service-connected disability rated 100 percent 
     disabling (including a disability of 100 percent mental 
     disability), as determined by the Secretary of Veterans 
     Affairs or the Secretary of the military department 
     concerned, and is not gainfully employed because of such 
     disability.

                   TITLE VII--HEALTH CARE PROVISIONS

                      Subtitle A--TRICARE Program

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

       (a) In General.--Section 1076d(d)(3) of title 10, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(3)'';
       (2) in subparagraph (A), as so designated, by striking the 
     second sentence; and
       (3) by adding at the end the following new subparagraph:
       ``(B) The appropriate actuarial basis for purposes of 
     subparagraph (A) shall be determined as follows:
       ``(i) For calendar year 2009, by utilizing the reported 
     cost of providing benefits under this section to members and 
     their dependents during calendar years 2006 and 2007.
       ``(ii) For each calendar year after calendar year 2009, by 
     utilizing the actual cost of providing benefits under this 
     section to members and their dependents during the calendar 
     years preceding such calendar year.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

               Subtitle B--Other Health Care Authorities

     SEC. 711. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF 
                   MEMBERS OF THE ARMED FORCES.

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

       (I) a statement of whether or not a member meets medical 
     and dental readiness standards for deployment; and
       (II) in cases in which a member does not meet such 
     standard, a statement of actions being taken to ensure that 
     the member meets such standards and the anticipated schedule 
     for meeting such standards.

       (ii) The advisability of establishing a mandatory promotion 
     standard relating to individual medical and dental readiness 
     and, in the case of a unit commander, unit medical and dental 
     readiness.

     SEC. 712. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION 
                   PROJECTS RELATING TO DELIVERY OF HEALTH AND 
                   MEDICAL CARE.

       Section 1092(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraphs:
       ``(3) The Secretary of Defense may include in the studies 
     and demonstration projects conducted under paragraph (1) 
     studies and demonstration projects to provide awards and 
     incentives to members of the armed forces and covered 
     beneficiaries who obtain health promotion and disease 
     prevention health care services in accordance with terms and 
     schedules prescribed by the Secretary. Such awards and 
     incentives may include, but are not limited to, cash awards

[[Page S9125]]

     and, in the case of members of the armed forces, personnel 
     incentives.
       ``(4)(A) The Secretary of Defense may, in consultation with 
     the other administering Secretaries, include in the studies 
     and demonstration projects conducted under paragraph (1) 
     studies and demonstration projects to provide awards or 
     incentives to individual health care professionals under the 
     authority of such Secretaries, including members of the 
     uniformed services, Federal civilian employees, and 
     contractor personnel, to encourage and reward effective 
     implementation of innovative health care programs designed to 
     improve quality, cost-effectiveness, health promotion, 
     medical readiness, and other priority objectives. Such awards 
     and incentives may include, but are not limited to, cash 
     awards and, in the case of members of the armed forces, 
     personnel incentives.
       ``(B) Amounts available for the pay of members of the 
     uniformed services shall be available for awards and 
     incentives under this paragraph with respect to members of 
     the uniformed services.
       ``(5) The Secretary of Defense may include in the studies 
     and demonstration projects conducted under paragraph (1) 
     studies and demonstration projects to improve the medical and 
     dental readiness of members of reserve components of the 
     armed forces, including the provision of health care services 
     to such members for which they are not otherwise entitled or 
     eligible under this chapter.
       ``(6) The Secretary of Defense may include in the studies 
     and demonstration projects conducted under paragraph (1) 
     studies and demonstration projects to improve the continuity 
     of health care services for family members of mobilized 
     members of the reserve components of the armed forces who are 
     eligible for such services under this chapter, including 
     payment of a stipend for continuation of employer-provided 
     health coverage during extended periods of active duty.''.

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

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

                 Subtitle C--Other Health Care Matters

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

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

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

     SEC. 801. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE 
                   ACQUISITION PROGRAMS UNDER ACQUISITION 
                   REPORTING REQUIREMENTS.

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

     ``Sec. 2430a. Major subprograms

       ``(a) Authority To Designate Major Subprograms as Subject 
     to Acquisition Reporting Requirements.--(1) If the Secretary 
     of Defense determines that a major defense acquisition 
     program requires the delivery of two or more categories of 
     end items which differ significantly from each other in form 
     and function, the Secretary may designate each such category 
     of end items as a major subprogram for the purposes of 
     acquisition reporting under this chapter.
       ``(2) The Secretary shall notify the congressional defense 
     committees in writing of any proposed designation pursuant to 
     paragraph (1) not less than 30 days before the date such 
     designation takes effect.
       ``(b) Reporting Requirements.--If the Secretary designates 
     a major subprogram of a major defense acquisition program in 
     accordance with subsection (a), Selected Acquisition Reports, 
     unit cost reports, and program baselines under this chapter 
     shall reflect cost, schedule, and performance information--
       ``(1) for the major defense acquisition program as a whole; 
     and
       ``(2) for each major subprogram of the major defense 
     acquisition program so designated.
       ``(c) Unit Costs.--Notwithstanding paragraphs (1) and (2) 
     of section 2432(a) of this title, in the case of a major 
     defense acquisition program for which the Secretary has 
     designated one or more major subprograms under this section 
     for the purposes of this chapter--
       ``(1) the term `program acquisition unit cost' means the 
     total cost for the development and procurement of, and 
     specific military construction for, the major defense 
     acquisition program that is reasonably allocable to each such 
     major subprogram, divided by the relevant number of fully-
     configured end items to be produced under such major 
     subprogram; and
       ``(2) the term `procurement unit cost' means the total of 
     all funds programmed to be available for obligation for 
     procurement for each such major subprogram, divided by the 
     number of fully-configured end items to be procured under 
     such major subprogram.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 144 of such title is amended by 
     inserting after the item relating to section 2430 the 
     following new item:

``2430a. Major subprograms.''.

       (b) Conforming Amendments.--Chapter 144 of such title is 
     further amended as follows:
       (1) In section 2432--
       (A) in subsection (c)--
       (i) in paragraph (1)(B)--

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

       (ii) in paragraph (3)(A), by inserting ``or designated 
     major subprogram'' after ``for each major defense acquisition 
     program''; and
       (B) in subsection (e)--
       (i) in paragraph (3), by inserting before the period the 
     following: ``for the program (or for each designated major 
     subprogram under the program)''; and
       (ii) in paragraph (5), by inserting before the period the 
     following: ``(or for each designated major subprogram under 
     the program)''.
       (2) In section 2433--
       (A) in subsection (a)--
       (i) by striking ``The terms'' and inserting ``Except as 
     provided in section 2430a(c) of this title, the terms'';
       (ii) in paragraph (4)--

       (I) in subparagraphs (A) and (B), by inserting ``or 
     designated major defense subprogram'' after ``major defense 
     acquisition program''; and
       (II) by inserting ``or subprogram'' after ``the program'' 
     each place it appears; and

       (iii) in paragraph (5)--

       (I) in subparagraphs (A) and (B), by inserting ``or 
     designated major defense subprogram'' after ``major defense 
     acquisition program''; and
       (II) by inserting ``or subprogram'' after ``the program'' 
     each place it appears;

       (B) in subsection (b)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``(and for each designated major subprogram under the 
     program'' after ``unit costs of the program'';
       (ii) in paragraph (1), by inserting before the period the 
     following: ``for the program (or for each designated major 
     subprogram under the program)'';
       (iii) in paragraph (2), by inserting before the period the 
     following: ``for the program (or for each designated major 
     subprogram under the program)''; and
       (iv) in paragraph (5), by inserting ``or subprogram'' after 
     ``the program'' each place it appears (other than the last 
     place it appears);
       (C) in subsection (c)--
       (i) by striking ``the program acquisition unit cost for the 
     program or the procurement unit cost for the program'' and 
     inserting ``the program acquisition unit cost for the program 
     (or for a designated major subprogram under the program) or 
     the procurement unit cost for the program (or for such a 
     subprogram)''; and
       (ii) by striking ``for the program'' after ``significant 
     cost growth threshold'';

[[Page S9126]]

       (D) in subsection (d)--
       (i) in paragraph (1)--

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

       (ii) in paragraph (2)--

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

       (iii) in paragraph (3), by striking ``such program'' and 
     inserting ``the program or subprogram concerned'';
       (E) in subsection (e)--
       (i) in paragraph (1)--

       (I) in subparagraph (A)--

       (aa) by inserting ``or designated major subprogram'' after 
     ``major defense acquisition program''; and
       (bb) by inserting ``or subprogram'' after ``the program''; 
     and

       (II) in subparagraph (B)--

       (aa) by inserting ``or designated major subprogram'' after 
     ``major defense acquisition program''; and
       (bb) by inserting ``or subprogram'' after ``that program'';
       (ii) in paragraph (2)--

       (I) in the matter preceding subparagraph (A)--

       (aa) by inserting ``or designated major subprogram'' after 
     ``major defense acquisition program''; and
       (bb) by inserting ``or subprogram'' after ``the program'';

       (II) in subparagraph (A), by inserting ``or subprogram'' 
     after ``program'' each place it appears;
       (III) in subparagraph (B), by inserting ``or subprogram'' 
     after ``such acquisition program'' each place it appears; and
       (IV) in subparagraph (C), by inserting ``or subprogram'' 
     after ``such program''; and

       (iii) in paragraph (3)--

       (I) in the matter preceding subparagraph (A)--

       (aa) by inserting ``or subprogram concerned'' after ``the 
     program''; and
       (bb) by inserting ``or designated major subprogram'' after 
     ``major defense acquisition program''; and

       (II) in subparagraphs (A) and (B), by inserting ``or 
     subprogram'' after ``that program'' each place it appears; 
     and

       (F) in subsection (g)--
       (i) in paragraph (1)--

       (I) in subparagraph (D), by inserting ``(and for each 
     designated major subprogram under the program)'' after ``the 
     program'';
       (II) in subparagraph (E), by inserting ``for the program 
     (and for each designated major subprogram under the 
     program)'' after ``program acquisition cost'';
       (III) in subparagraph (F), by inserting before the period 
     the following: ``for the program (or for any designated major 
     subprogram under the program)'';
       (IV) in subparagraph (J), by inserting ``for the program 
     (or for each designated major subprogram under the program)'' 
     after ``program acquisition unit cost'';
       (V) in subparagraph (K), by inserting ``for the program (or 
     for each designated major subprogram under the program)'' 
     after ``procurement unit cost''; and
       (VI) in subparagraph (O), by inserting before the period 
     the following: ``for the program (or for any designated major 
     subprogram under the program)''; and

       (ii) in paragraph (2)--

       (I) by inserting ``or designated major subprogram'' after 
     ``major defense acquisition program'';
       (II) by inserting ``or subprogram'' after ``the entire 
     program''; and
       (III) by inserting ``or subprogram'' after ``a program''.

     SEC. 802. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY 
                   INVESTMENTS IN ACQUISITION OVERSIGHT 
                   AUTHORITIES FOR MAJOR AUTOMATED INFORMATION 
                   SYSTEM PROGRAMS.

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

     ``Sec. 2445a. Definitions''.

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

``2445a. Definitions.''.

       (b) Cost, Schedule, and Performance Information.--Section 
     2445b of such title is amended--
       (1) in subsection (a), by inserting ``and each other major 
     information technology investment program'' after ``each 
     major automated information system program'';
       (2) in subsection (b), by inserting ``Regarding Major 
     Automated Information System Programs'' after ``Elements''; 
     and
       (3) by adding at the end the following new subsection:
       ``(d) Elements Regarding Other Major Information Technology 
     Investment Programs.--With respect to each other major 
     information technology investment program, the information 
     required by subsection (a) may be provided in the format that 
     is most appropriate to the current status of the program.''.
       (c) Quarterly Reports.--Section 2445c of such title is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``or other major information technology 
     investment'' after ``major automated information system'' the 
     first place it appears; and
       (B) by inserting ``or major information technology'' after 
     ``major automated information system'' the second place it 
     appears;
       (2) in subsection (b)--
       (A) by inserting ``or other major information technology 
     investment'' after ``major automated information system'' in 
     the matter preceding paragraph (1); and
       (B) by inserting ``or information technology'' after 
     ``automated information system'' each place it appears in 
     paragraphs (1) and (2);
       (3) in subsection (d)--
       (A) in paragraph (1), by inserting ``or other major 
     information technology investment'' after ``major automated 
     information system''; and
       (B) in paragraph (2)--
       (i) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively; and
       (ii) by striking subparagraph (A) and inserting the 
     following new subparagraphs:
       ``(A) no Milestone B decision has been made after more than 
     two years of investment in the program;
       ``(B) the system failed to achieve initial operational 
     capability within three years after milestone B approval;'';
       (iii) in subparagraph (C), as redesignated by clause (i) of 
     this subparagraph, by inserting before the semicolon the 
     following: ``or section 2445b(d) of this title, as 
     applicable'';
       (iv) in subparagraph (D), as so redesignated, by inserting 
     before the semicolon the following: ``or section 2445b(d) of 
     this title, as applicable''; and
       (v) in subparagraph (E), as so redesignated--

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

       (4) in subsection (e), by inserting ``or other major 
     information technology investment'' after ``major automated 
     information system''; and
       (5) in subsection (f)--
       (A) by inserting ``or other major information technology 
     investment'' after ``major automated information system'' in 
     the matter preceding paragraph (1);
       (B) in paragraph (1), by inserting ``or information 
     technology'' after ``automated information system'';
       (C) in paragraph (2), by inserting ``or technology'' after 
     ``the system''; and
       (D) in paragraph (3), by inserting ``or technology, as 
     applicable,'' after ``the program and system''.

     SEC. 803. CONFIGURATION STEERING BOARDS FOR COST CONTROL 
                   UNDER MAJOR DEFENSE ACQUISITION PROGRAMS.

       (a) Configuration Steering Boards.--Each Secretary of a 
     military department shall establish one or more boards (to be 
     known as a ``Configuration Steering Board'') for the major 
     defense acquisition programs of such department.
       (b) Composition.--
       (1) Chair.--Each Configuration Steering Board under this 
     section shall be chaired by the service acquisition executive 
     of the military department concerned.
       (2) Particular members.--Each Configuration Steering Board 
     under this section shall include a representative of the 
     following:
       (A) The Office of the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics.
       (B) The Chief of Staff of the Armed Force concerned.
       (C) The Joint Staff.
       (D) The Comptroller of the military department concerned.
       (E) The military deputy to the service acquisition 
     executive concerned.
       (F) The program executive officer for the major defense 
     acquisition program concerned.
       (c) Responsibilities.--
       (1) In general.--The Configuration Steering Board for a 
     major defense acquisition program under this section shall be 
     responsible for the following:
       (A) Preventing unnecessary changes to program requirements 
     and system configuration that could have an adverse impact on 
     program cost or schedule.

[[Page S9127]]

       (B) Mitigating the adverse cost and schedule impact of any 
     changes to program requirements that may be required.
       (C) Ensuring that the program delivers as much planned 
     capability as possible, consistent with the program baseline.
       (2) Discharge of responsibilities.--In discharging its 
     responsibilities under this section with respect to a major 
     defense acquisition program, a Configuration Steering Board 
     shall--
       (A) review and approve or disapprove any proposed changes 
     to program requirements or system configuration that have the 
     potential to adversely impact program cost or schedule; and
       (B) review and recommend proposals to reduce program 
     requirements that have the potential to improve program cost 
     or schedule in a manner consistent with program objectives.
       (3) Presentation recommendations on reduction in 
     requirements.--Any recommendation for a proposed reduction in 
     requirements that is made by a Configuration Steering Board 
     under paragraph (2)(B) shall be presented to appropriate 
     organizations of the Joint Staff and the military departments 
     responsible for such requirements for review and approval in 
     accordance with applicable procedures.
       (4) Annual consideration of each major defense acquisition 
     program.--The Secretary of the military department concerned 
     shall ensure that a Configuration Steering Board under this 
     section meets to consider each major defense acquisition 
     program of such military department at least once each year.
       (d) Applicability.--
       (1) In general.--The requirements of this section shall 
     apply with respect to any major defense acquisition program 
     that is commenced before, on, or after the date of the 
     enactment of this Act.
       (2) Current programs.--In the case of any major defense 
     acquisition program that is ongoing as of the date of the 
     enactment of this Act, a Configuration Steering Board under 
     this section shall be established for such program not later 
     than 60 days after the date of the enactment of this Act.
       (e) Guidance on Authorities of Program Managers After 
     Milestone B.--
       (1) Modification of guidance on authorities.--Paragraph (2) 
     of section 853(d) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2343) is amended to read as follows:
       ``(2) authorities available to the program manager, 
     including--
       ``(A) the authority to object to the addition of new 
     program requirements that would be inconsistent with the 
     parameters established at Milestone B (or Key Decision Point 
     B in the case of a space program) and reflected in the 
     performance agreement, unless such requirements are approved 
     by the appropriate Configuration Steering Board; and
       ``(B) the authority to recommend to the appropriate 
     Configuration Steering Board reduced program requirements 
     that have the potential to improve program cost or schedule 
     in a manner consistent with program objectives; and''.
       (2) Applicability.--The Secretary of Defense shall modify 
     the guidance described in section 853(d) of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 in 
     order to take into account the amendment made by paragraph 
     (1) not later than 60 days after the date of the enactment of 
     this Act.
       (f) Major Defense Acquisition Program Defined.--In this 
     section, the term ``major defense acquisition program'' has 
     the meaning given that term in section 2430(a) of title 10, 
     United States Code.

             Subtitle B--Acquisition Policy and Management

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

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

[[Page S9128]]

     shall be treated as being made during a particular fiscal 
     year to the extent that funds are obligated by the Department 
     of Defense for that procurement in that fiscal year.
       (h) Resolution of Disagreements.--If the Inspector General 
     of the Department of Defense and the Inspector General of a 
     covered non-defense agency are unable to agree on a joint 
     determination under subsection (a) or (f), a determination by 
     the Inspector General of the Department of Defense under such 
     subsection shall be conclusive for the purposes of this 
     section.
       (i) Definitions.--In this section:
       (1) The term ``covered non-defense agency'' means each of 
     the following:
       (A) The Department of Commerce.
       (B) The Department of Energy.
       (2) The term ``governmentwide acquisition contract'', with 
     respect to a covered non-defense agency, means a task or 
     delivery order contract that--
       (A) is entered into by the non-defense agency; and
       (B) may be used as the contract under which property or 
     services are procured for one or more other departments or 
     agencies of the Federal Government.
       (j) Modification of Certain Additional Authorities on 
     Internal Controls for Procurements on Behalf of DoD.--Section 
     801 of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 202; 10 U.S.C. 2304 note) 
     is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), by striking ``each of the 
     Department of the Treasury, the Department of the Interior, 
     and the National Aeronautics and Space Administration'' and 
     inserting ``the Department of the Interior''; and
       (B) by adding at the end the following new subparagraph:
       ``(D) In the case of each of the Department of Commerce and 
     the Department of Energy, by not later than March 15, 
     2015.''; and
       (2) in subsection (f)(2)--
       (A) by striking subparagraphs (B) and (D);
       (B) by redesignating subparagraphs (C), (E), and (F) as 
     subparagraphs (B), (C), and (D), respectively; and
       (C) by adding at the end the following new subparagraphs:
       ``(E) The Department of Commerce.
       ``(F) The Department of Energy.''.

     SEC. 812. CONTINGENCY CONTRACTING CORPS.

       (a) In General.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2334. Contingency Contracting Corps

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

``2334. Contingency Contracting Corps.''.

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

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

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

       (a) Implementation Plan.--Not later than one year after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     develop an implementation plan for the incorporation of 
     energy efficiency requirements into key performance 
     parameters for the modification of existing fuel consuming 
     systems of the Department of Defense and the development of 
     new fuel consuming systems. The implementation plan shall 
     include--
       (1) policies, regulations, and directives to ensure that 
     appropriate officials incorporate such energy efficiency 
     requirements into such performance parameters; and
       (2) a plan for implementing such requirements.
       (b) Report.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall submit a report 
     on the plan required under subsection (a), including an 
     assessment of progress made in implementing requirements to 
     incorporate energy efficiency requirements into key 
     performance parameters for fuel consuming systems of the 
     Department of Defense, as part of the budget justification 
     materials submitted to Congress in support of the Department 
     of Defense budget for fiscal year 2010 and each fiscal year 
     thereafter for five years (as submitted with the budget of 
     the President under section 1105(a) of title 31, United 
     States Code).

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

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

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

     ``Sec. 2410r. Multiyear procurement authority: purchase of 
       alternative and synthetic fuels

       ``(a) Multiyear Contracts Authorized.--Subject to 
     subsections (b) and (c), the head of an agency may enter into 
     contracts for a period not to exceed 10 years for the 
     purchase of alternative fuels or synthetic fuels.
       ``(b) Limitations on Contracts for Periods in Excess of 
     Five Years.--The head of an agency may exercise the authority 
     in subsection (a) to enter a contract for a period in excess 
     of five years only if the head of the agency determines in 
     writing, on the basis of a business case analysis prepared by 
     the agency, that--
       ``(1) the proposed purchase of fuels under such contract is 
     cost effective for the agency;
       ``(2) it would not be possible to purchase fuels from the 
     source in an economical manner without the use of a contract 
     for a period in excess of five years; and
       ``(3) the contract will comply with the requirements of 
     subsection (c) and section 526 of the Energy Independence and 
     Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142).
       ``(c) Limitation on Lifecycle Greenhouse Gas Emissions.--
     The head of an agency may not purchase alternative fuels or 
     synthetic fuels under the authority in subsection (a) unless 
     the contract specifies that lifecycle greenhouse gas 
     emissions associated with the production and combustion of 
     the fuels to be provided under the contract are not greater 
     than such emissions from conventional petroleum-based fuels 
     that are used in the same application.

[[Page S9129]]

       ``(d) Definitions.--In this section:
       ``(1) The term `head of an agency' has the meaning given 
     that term in section 2302(1) of this title.
       ``(2) The term `alternative fuel' has the meaning given 
     that term in section 301(2) of the Energy Policy Act of 1992 
     (42 U.S.C. 13211(2)).
       ``(3) The term `synthetic fuel' means any liquid, gas, or 
     combination thereof that--
       ``(A) can be used as a substitute for petroleum or natural 
     gas (or any derivative thereof, including chemical 
     feedstocks); and
       ``(B) is produced by chemical or physical transformation of 
     domestic sources of energy.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 141 of such title is amended by adding 
     at the end the following new item:

``2410r. Multiyear procurement authority: purchase of alternative and 
              synthetic fuels.''.

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

     SEC. 822. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR 
                   TRANSITION TO FOLLOW-ON CONTRACTS UNDER 
                   AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE 
                   PROJECTS.

       (a) Expansion of Scope of Pilot Program.--Paragraph (1) of 
     section 845(e) of the National Defense Authorization Act for 
     Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking 
     ``under prototype projects carried out under this section'' 
     and inserting ``developed under prototype projects carried 
     out under this section or research projects carried out 
     pursuant to section 2371 of title 10, United States Code''.
       (b) Four-Year Extension of Authority.--Paragraph (4) of 
     such section is amended by striking ``September 30, 2008'' 
     and inserting ``September 30, 2012''.

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

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

          Subtitle D--Department of Defense Contractor Matters

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

       (a) In General.--Subject to the authority, direction, and 
     control of the Secretary of Defense, the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     establish and maintain a database of information regarding 
     integrity and performance of certain persons awarded 
     Department of Defense contracts for use by Department of 
     Defense officials having authority over contracts.
       (b) Persons Covered.--The database shall cover any person 
     awarded a Department of Defense contract in excess of 
     $500,000 if any information described in subsection (c) 
     exists with respect to such person.
       (c) Information Included.--With respect to a person awarded 
     a Department of Defense contract, the database shall include 
     information (in the form of a brief description) for at least 
     the most recent 5-year period regarding the following:
       (1) Each civil or criminal proceeding, or any 
     administrative proceeding, in connection with the award or 
     performance of a contract with the Federal Government or, to 
     the maximum extent practicable, a State government with 
     respect to the person during the period to the extent that 
     such proceeding results in the following dispositions:
       (A) In a criminal proceeding, a conviction.
       (B) In a civil proceeding, a finding of liability that 
     results in the payment of a monetary fine, penalty, 
     reimbursement, restitution, or damages of $5,000 or more.
       (C) In an administrative proceeding, a finding of liability 
     that results in--
       (i) the payment of a monetary fine or penalty of $5,000 or 
     more; or
       (ii) the payment of a reimbursement, restitution, or 
     damages in excess of $100,000.
       (D) In a civil or administrative proceeding, a disposition 
     of the matter by consent or compromise if the proceeding 
     could have led to any of the outcomes specified in 
     subparagraph (A), (B), or (C).
       (2) Each Federal contract and grant awarded to the person 
     that was terminated in such period due to default.
       (3) Each Federal suspension and debarment of the person in 
     that period.
       (4) Each Federal administrative agreement entered into by 
     the person and the Federal Government in that period to 
     resolve a suspension or debarment proceeding and, to the 
     maximum extent practicable, each agreement involving a 
     suspension or debarment proceeding entered into by the person 
     and a State government in that period.
       (5) Each final finding by a Federal official in that period 
     that the person has been determined not to be a responsible 
     source under either subparagraph (C) or (D) of section 4(7) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(7)).
       (d) Requirements Relating to Information in Database.--
       (1) Direct input and update.--The Under Secretary shall 
     design and maintain the database in a manner that allows the 
     appropriate officials of the Department of Defense to 
     directly input and update in the information in the database 
     relating to actions such officials have taken with regard to 
     contractors.
       (2) Timeliness and accuracy.--The Under Secretary shall 
     develop policies to require--
       (A) the timely and accurate input of information into the 
     database;
       (B) notification of any covered person when information 
     relevant to the person is entered into the database; and
       (C) an opportunity for any covered person to submit 
     comments pertaining to information about such person in the 
     database.
       (e) Use of Database.--
       (1) Availability to government officials.--The Under 
     Secretary shall ensure that the database is available to all 
     acquisition professionals of the Department of Defense and to 
     Congress. This subsection does not limit the availability of 
     the database to other Department of Defense officials or to 
     government officials outside the Department of Defense that 
     the Under Secretary determines warrant access.
       (2) Review and assessment of data.--
       (A) In general.--Before awarding a contract in excess of 
     $500,000, the Department of Defense official responsible for 
     awarding the contract shall review the database and shall 
     consider information in the database with regard to any 
     offer, along with other past performance information 
     available with respect to that offeror, in making any 
     responsibility determination or past performance evaluation 
     for such offeror.
       (B) Documentation in contract file.--The contract file for 
     each contract of the Department of Defense in excess of 
     $500,000 shall document the manner in which the material in 
     the database was considered in any responsibility 
     determination or past performance evaluation.

[[Page S9130]]

       (f) Disclosure in Applications.--Not later than 180 days 
     after the date of the enactment of this Act, the Defense 
     Supplement to the Federal Acquisition Regulation shall be 
     amended to require that persons with Department of Defense 
     contracts valued in total greater than $10,000,000 must 
     semiannually submit to the Under Secretary a report that 
     includes the information subject to inclusion in the database 
     as listed in paragraphs (1) through (5) of subsection (c).

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

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

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

       (a) In General.--The Secretary of Defense shall prescribe 
     in regulations a policy for informing employees of a 
     contractor of the Department of Defense of their 
     whistleblower rights and protections under section 2409 of 
     title 10, United States Code, as implemented by subpart 3.9 
     of part I of title 48, Code of Federal Regulations.
       (b) Elements.--The regulations required by subsection (a) 
     shall include requirements as follows:
       (1) Employees of Department of Defense contractors shall be 
     notified in writing of the provisions of section 2409 of 
     title 10, United States Code.
       (2) Notice to employees of Department of Defense 
     contractors under paragraph (1) shall state that the 
     restrictions imposed by any employee agreement or 
     nondisclosure agreement shall not supersede, conflict with, 
     or otherwise alter the employee rights created by section 
     2409 of title 10, United States Code, or the regulations 
     implementing such section.
       (c) Contractor Defined.--In this section, the term 
     ``contractor'' has the meaning given that term in section 
     2409(e)(4) of title 10, United States Code.

          Subtitle E--Matters Relating to Iraq and Afghanistan

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

       (a) Modification of Regulations.--Not later than 60 days 
     after the date of the enactment of this Act, the regulations 
     issued by the Secretary of Defense pursuant to section 862(a) 
     of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 note) 
     shall be modified to ensure that private security contractors 
     are not authorized to perform inherently governmental 
     functions in an area of combat operations.
       (b) Elements.--The modification of regulations pursuant to 
     subsection (a) shall provide, at a minimum, each of the 
     following:
       (1) That security operations for the protection of 
     resources (including people, information, equipment, and 
     supplies) in uncontrolled or unpredictable high threat 
     environments are inherently governmental functions if such 
     security operations--
       (A) will be performed in highly hazardous public areas 
     where the risks are uncertain and could reasonably be 
     expected to require deadly force that is more likely to be 
     initiated by personnel performing such security operations 
     than by others; or
       (B) could reasonably be expected to require immediate 
     discretionary decisions on the appropriate course of action 
     or the acceptable level of risk (such as judgments on the 
     appropriate level of force, acceptable level of collateral 
     damage, and whether the target is friend or foe), the outcome 
     of which could significantly affect the life, liberty, or 
     property of private persons or the international relations of 
     the United States.
       (2) That the agency awarding the contract has appropriate 
     mechanisms in place to ensure that private security 
     contractors operate in a manner consistent with the 
     regulations issued by the Secretary of Defense pursuant to 
     such section 862(a), as modified pursuant to this section.
       (c) Periodic Review of Performance of Functions.--
       (1) In general.--The Secretary of Defense shall, in 
     coordination with the heads of other appropriate agencies, 
     periodically review the performance of private security 
     functions in areas of combat operations to ensure that such 
     functions are authorized and performed in a manner consistent 
     with the requirements of this section.
       (2) Reports.--Not later than June 1 of each of 2009, 2010, 
     and 2011, the Secretary shall submit to the congressional 
     defense committees a report on the results of the most recent 
     review conducted under paragraph (1).

     SEC. 842. ADDITIONAL CONTRACTOR REQUIREMENTS AND 
                   RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY 
                   OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND 
                   AFGHANISTAN.

       (a) In General.--Section 861(b) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 253; 10 U.S.C. 2302 note) is amended by adding the 
     following new paragraphs:
       ``(7) Mechanisms for ensuring that contractors are required 
     to report offenses described in paragraph (6) that are 
     alleged to have been committed by or against contractor 
     personnel to appropriate investigative authorities.
       ``(8) Responsibility for providing victim and witness 
     protection and assistance to contractor employees and other 
     persons supporting the mission of the United States 
     Government in Iraq or Afghanistan in connection with alleged 
     offenses described in paragraph (6).''.
       (b) Implementation.--The memorandum of understanding 
     required by section 861(a) of the National Defense 
     Authorization Act for Fiscal Year 2008 shall be modified to 
     address the requirements under the amendment made by 
     subsection (a) not later than 90 days after the date of the 
     enactment of this Act.

     SEC. 843. CLARIFICATION AND MODIFICATION OF AUTHORITIES 
                   RELATING TO THE COMMISSION ON WARTIME 
                   CONTRACTING IN IRAQ AND AFGHANISTAN.

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

[[Page S9131]]

     Contracting in Iraq and Afghanistan appointed or employed, as 
     the case may be, on or after that date.

     SEC. 844. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND 
                   DEPOT OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR 
                   OPERATIONS IN IRAQ AND AFGHANISTAN.

       (a) Audits Required.--The Army Audit Agency, the Navy Audit 
     Service, and the Air Force Audit Agency shall each conduct 
     thorough audits to identify potential waste, fraud, and abuse 
     in the performance of the following:
       (1) Department of Defense contracts, subcontracts, and task 
     and delivery orders for--
       (A) depot overhaul and maintenance of equipment for the 
     military in Iraq and Afghanistan; and
       (B) spare parts for military equipment used in Iraq and 
     Afghanistan; and
       (2) Department of Defense in-house overhaul and maintenance 
     of military equipment used in Iraq and Afghanistan.
       (b) Comprehensive Audit Plan.--
       (1) Plans.--The Army Audit Agency, the Navy Audit Service, 
     and the Air Force Audit Agency shall, in coordination with 
     the Inspector General of the Department of Defense, develop a 
     comprehensive plan for a series of audits to discharge the 
     requirements of subsection (a).
       (2) Incorporation into required audit plan.--The plan 
     developed under paragraph (1) shall be submitted to the 
     Inspector General of the Department of Defense for 
     incorporation into the audit plan required by section 
     842(b)(1) of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 234; 10 
     U.S.C. 2302 note).
       (c) Independent Conduct of Audit Functions.--All audit 
     functions performed under this section, including audit 
     planning and coordination, shall be performed in an 
     independent manner.
       (d) Availability of Results.--All audit reports resulting 
     from audits under this section shall be made available to the 
     Commission on Wartime Contracting in Iraq and Afghanistan 
     established pursuant to section 841 of the National Defense 
     Authorization Act for Fiscal Year 2008 (122 Stat. 230).

                       Subtitle F--Other Matters

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

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

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

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

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

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

     SEC. 901. MODIFICATION OF STATUS OF ASSISTANT TO THE 
                   SECRETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL 
                   AND BIOLOGICAL DEFENSE PROGRAMS.

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

     SEC. 902. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF 
                   THE DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS 
                   SYSTEM MANAGEMENT COMMITTEE.

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

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

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

     SEC. 904. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE 
                   DEPARTMENT OF DEFENSE.

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

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

       (a) Findings.--Congress makes the following findings:
       (1) As noted in the June 2005 Department of Defense 
     Strategy for Homeland Defense and Civil Support, protecting 
     the United States homeland from attack is the highest 
     priority of the Department of Defense.
       (2) As further noted in the June 2005 Department of Defense 
     Strategy for Homeland Defense and Civil Support, ``[i]n the 
     next ten years, terrorist groups, poised to attack the United 
     States and actively seeking to inflict mass casualties or 
     disrupt U.S. military operations, represent the most 
     immediate challenge to the nation's security''.
       (3) The Department of Defense established the United States 
     Northern Command in October 2002 to provide command and 
     control of the homeland defense efforts of the Department of 
     Defense and to coordinate defense support of civil 
     authorities, including defense support for Federal 
     consequence management of chemical, biological, radiological, 
     nuclear, or high-yield explosive incidents.
       (4) The Commission on the National Guard and Reserves and 
     the Government Accountability Office have criticized the 
     capacity of the Department of Defense to respond to an 
     incident in the United States homeland involving a chemical, 
     biological, radiological, or nuclear device, or high-yield 
     explosives due to a lack of capabilities to handle 
     simultaneous weapons of mass destruction events and a lack of 
     coordination and planning with the Department of Homeland 
     Security and State and local governments.
       (5) According to testimony to Congress by the Commander of 
     United States Northern Command, the Secretary of Defense has 
     directed that a full-time, dedicated force be trained and 
     equipped by the end of fiscal year 2008 to provide defense 
     support to civil authorities in the case of a chemical, 
     biological, radiological, nuclear, or high-yield explosive 
     incident within the United States. This force is to be 
     assigned to the Commander of the United States Northern 
     Command, and is to be followed by two additional such forces, 
     comprised of units of the regular components of the Armed 
     Forces and units and personnel of the National Guard, and 
     Reserve, to be established over the course of fiscal years 
     2009 and 2010.
       (6) The Department of Defense and United States Northern 
     Command have begun the process of identifying, training, 
     equipping, and assigning forces for the mission of managing 
     the consequences of chemical, biological, radiological, 
     nuclear, or high-yield explosive incidents in the United 
     States.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department of Defense should, as part of a 
     Government-wide effort, make every effort to help protect the 
     citizens of this Nation from the threat of an attack on the 
     United States homeland involving a chemical, biological, 
     radiological, or nuclear device, or high-yield explosives by 
     terrorists or other aggressors;
       (2) efforts to establish forces for the mission of managing 
     the consequences of chemical, biological, radiological, 
     nuclear, or high-yield explosive incidents in the United 
     States should receive the highest level of attention within 
     the Department of Defense; and
       (3) the additional forces necessary for that mission should 
     be identified, trained,

[[Page S9132]]

     equipped, and assigned to United States Northern Command as 
     soon as possible.
       (c) Reports Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and one year and two years 
     thereafter, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the progress 
     made as of the date of such report in assigning to the United 
     States Northern Command forces having the primary mission of 
     managing the consequences of an incident in the United States 
     homeland involving a chemical, biological, radiological, or 
     nuclear device, or high-yield explosives.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) A description of the force structure, size, 
     composition, and location of the units and personnel of the 
     regular components of the Armed Forces, and the units and 
     personnel of the reserve components of the Armed Forces, 
     assigned to the United States Northern Command that have the 
     primary mission of managing the consequences of an incident 
     in the United States homeland involving a chemical, 
     biological, radiological, or nuclear device, or high-yield 
     explosives.
       (B) A description of the progress made in developing 
     procedures to mobilize and demobilize units and personnel of 
     the reserve components of the Armed Forces that are assigned 
     to the United States Northern Command as described in 
     subparagraph (A).
       (C) A description of the progress being made in the 
     training and certification of units and personnel that are 
     assigned to United States Northern Command as described in 
     subparagraph (A).
       (D) An assessment of the need to establish a national 
     training center for training units and personnel of the Armed 
     Forces in the management of the consequences of an incident 
     in the United States homeland as described in subparagraph 
     (A).
       (E) A description of the progress made in addressing the 
     shortfalls in the management of the consequences of an 
     incident in the United States homeland as described in 
     subparagraph (A) that are identified in--
       (i) the reports of the Comptroller General of the United 
     States numbered GAO-08-251 and GAO-08-252; and
       (ii) the report of the Commission on the National Guard and 
     Reserve.

     SEC. 906. BUSINESS TRANSFORMATION INITIATIVES FOR THE 
                   MILITARY DEPARTMENTS.

       (a) In General.--The Secretary of each military department 
     shall, acting through the Chief Management Officer of such 
     military department, carry out an initiative for the business 
     transformation of such military department.
       (b) Objectives.--The objectives of the business 
     transformation initiative of a military department under this 
     section shall include, at a minimum, the following:
       (1) The development of a comprehensive business 
     transformation plan, with measurable performance goals and 
     objectives, to achieve an integrated management system for 
     the business operations of the military department.
       (2) The development of a well-defined enterprise-wide 
     business systems architecture and transition plan 
     encompassing end-to-end business processes and capable of 
     providing accurately and timely information in support of 
     business decisions of the military department.
       (3) The implementation of the business transformation plan 
     developed pursuant to paragraph (1) and the business systems 
     architecture and transition plan developed pursuant to 
     paragraph (2).
       (c) Business Transformation Offices.--
       (1) Establishment.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary of each military 
     department shall establish within such military department an 
     office (to be known as the ``Office of Business 
     Transformation'' of such military department) to assist the 
     Chief Management Officer of such military department in 
     carrying out the initiative required by this section for such 
     military department.
       (2) Head.--The Office of Business Transformation of a 
     military department under this subsection shall be headed by 
     a Director of Business Transformation, who shall be appointed 
     by the Chief Management Officer of the military department, 
     in consultation with the Director of the Business 
     Transformation Agency of the Department of Defense, from 
     among individuals with significant experience managing large-
     scale organizations or business transformation efforts.
       (3) Supervision.--The Director of Business Transformation 
     of a military department under paragraph (2) shall report 
     directly to the Chief Management Officer of the military 
     department, subject to policy guidance from the Director of 
     the Business Transformation Agency of the Department of 
     Defense.
       (4) Authority.--In carrying out the initiative required by 
     this section for a military department, the Director of 
     Business Transformation of the military department under 
     paragraph (2) shall have the authority to require elements of 
     the military department to carry out actions that are within 
     the purpose and scope of the initiative.
       (d) Responsibilities of Business Transformation Offices.--
     The Office of Business Transformation of a military 
     department established pursuant to subsection (b) shall be 
     responsible for the following:
       (1) Transforming the budget, finance, and accounting 
     operations of the military department in a manner that is 
     consistent with the business transformation plan developed 
     pursuant to subsection (b)(1).
       (2) Eliminating or replacing financial management systems 
     of the military department that are inconsistent with the 
     business systems architecture and transition plan developed 
     pursuant to subsection (b)(2).
       (3) Ensuring that the business transformation plan and the 
     business systems architecture and transition plan are 
     implemented in a manner that is aggressive, realistic, and 
     accurately measured.
       (e) Required Elements.--In carrying out the initiative 
     required by this section for a military department, the Chief 
     Management Officer and the Director of Business 
     Transformation of the military department shall ensure that 
     each element of the initiative is consistent with--
       (1) the requirements of the Business Enterprise 
     Architecture and Transition Plan developed by the Secretary 
     of Defense pursuant to section 2222 of title 10, United 
     States Code;
       (2) the Standard Financial Information Structure of the 
     Department of Defense;
       (3) the Federal Financial Management Improvement Act of 
     1996 (and the amendments made by that Act); and
       (4) other applicable requirements of law and regulation.
       (f) Reports on Implementation.--
       (1) Initial reports.--Not later than six months after the 
     date of the enactment of this Act, the Chief Management 
     Officer of each military department shall submit to the 
     congressional defense committees a report on the actions 
     taken, and on the actions planned to be taken, by such 
     military department to implement the requirements of this 
     section.
       (2) Updates.--Not later than March 1 of each of 2010, 2011, 
     and 2012, the Chief Management Officer of each military 
     department shall submit to the congressional defense 
     committees a current update of the report submitted by such 
     Chief Management Officer under paragraph (1).

                       Subtitle B--Space Matters

     SEC. 911. SPACE POSTURE REVIEW.

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

[[Page S9133]]

                Subtitle C--Defense Intelligence Matters

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

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

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

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

     SEC. 923. PROGRAM ON ADVANCED SENSOR APPLICATIONS.

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

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. GENERAL TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer amounts of 
     authorizations made available to the Department of Defense in 
     this division for fiscal year 2009 between any such 
     authorizations for that fiscal year (or any subdivisions 
     thereof). Amounts of authorizations so transferred shall be 
     merged with and be available for the same purposes as the 
     authorization to which transferred.
       (2) Limitation.--Except as provided in paragraph (3), the 
     total amount of authorizations that the Secretary may 
     transfer under the authority of this section may not exceed 
     $5,000,000,000.
       (3) Exception for transfers between military personnel 
     authorizations.--A transfer of funds between military 
     personnel authorizations under title IV shall not be counted 
     toward the dollar limitation in paragraph (2).
       (b) Limitations.--The authority provided by this section to 
     transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. INCORPORATION INTO ACT OF TABLES IN THE REPORT OF 
                   THE COMMITTEE ON ARMED SERVICES OF THE SENATE.

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

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

       (a) Fiscal Year 2009 Limitation.--The total amount 
     contributed by the Secretary of Defense in fiscal year 2009 
     for the common-funded budgets of NATO may be any amount up 
     to, but not in excess of, the amount specified in subsection 
     (b) (rather than the maximum amount that would otherwise be 
     applicable to those contributions under the fiscal year 1998 
     baseline limitation).
       (b) Total Amount.--The amount of the limitation applicable 
     under subsection (a) is the sum of the following:
       (1) The amounts of unexpended balances, as of the end of 
     fiscal year 2008, of funds appropriated for fiscal years 
     before fiscal year 2009 for payments for those budgets.
       (2) The amount specified in subsection (c)(1).
       (3) The amount specified in subsection (c)(2).
       (4) The total amount of the contributions authorized to be 
     made under section 2501.
       (c) Authorized Amounts.--Amounts authorized to be 
     appropriated by titles II and III of this Act are available 
     for contributions for the common-funded budgets of NATO as 
     follows:
       (1) Of the amount provided in section 201(1), $1,049,000 
     for the Civil Budget.
       (2) Of the amount provided in section 301(1), $408,788,000 
     for the Military Budget.
       (d) Definitions.--For purposes of this section:
       (1) Common-funded budgets of nato.--The term ``common-
     funded budgets of NATO'' means the Military Budget, the 
     Security Investment Program, and the Civil Budget of the 
     North Atlantic Treaty Organization (and any successor or 
     additional account or program of NATO).
       (2) Fiscal year 1998 baseline limitation.--The term 
     ``fiscal year 1998 baseline limitation'' means the maximum 
     annual amount of Department of Defense contributions for 
     common-funded budgets of NATO that is set forth as the annual 
     limitation in section 3(2)(C)(ii) of the resolution of the 
     Senate giving the advice and consent of the Senate to the 
     ratification of the Protocols to the North Atlantic Treaty of 
     1949 on the Accession of Poland, Hungary, and the Czech 
     Republic (as defined in section 4(7) of that resolution), 
     approved by the Senate on April 30, 1998.

                Subtitle B--Naval Vessels and Shipyards

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

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

[[Page S9134]]

     ``Sec. 7317. Government rights in designs of Department of 
       Defense vessels, boats, craft, and components developed 
       using public funds

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

``7317. Government rights in designs of Department of Defense vessels, 
              boats, craft, and components developed using public 
              funds.''.

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

       (a) In General.--Amounts appropriated for operation and 
     maintenance for the Navy may be used to pay the charge 
     established under section 1011 of title 37, United States 
     Code, for meals sold by messes for United States Navy and 
     Naval Auxiliary vessels to the following:
       (1) Members of nongovernmental organizations and officers 
     or employees of host and foreign nations when participating 
     in or providing support to United States civil-military 
     operations.
       (2) Foreign national patients treated on Naval vessels 
     during the conduct of United States civil-military 
     operations, and their escorts.
       (b) Expiration of Authority.--The authority to pay for 
     meals under subsection (a) shall expire on September 30, 
     2010.

                  Subtitle C--Counter-Drug Activities

     SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
                   PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
                   CONDUCTING COUNTER-TERRORISM ACTIVITIES.

       Section 1022(b) of the National Defense Authorization Act 
     for Fiscal Year 2004 (10 U.S.C. 371 note) is amended by 
     striking ``through 2008'' and inserting ``through 2009''.

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

       Section 1021 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2042), as amended by section 1023 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2382), is further 
     amended--
       (1) in subsection (a)(1), by striking ``through 2008'' and 
     inserting ``through 2010''; and
       (2) in subsection (c), by striking ``through 2008'' and 
     inserting ``through 2010''.

         Subtitle D--Miscellaneous Authorities and Limitations

     SEC. 1031. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF 
                   EQUIPMENT FOR HOMELAND SECURITY AND EMERGENCY 
                   RESPONSE ACTIVITIES THROUGH THE DEPARTMENT OF 
                   DEFENSE.

       (a) Expansion of Procurement Authority To Include Equipment 
     for Homeland Security and Emergency Response Activities.--
       (1) Procedures.--Subsection (a)(1) of section 381 of title 
     10, United States Code, is amended--
       (A) in subsection (a)(1)--
       (i) in the matter preceding subparagraph (A)--

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

       (ii) in subparagraph (A)--

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

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

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

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

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

     SEC. 1032. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES 
                   GOVERNMENT TO CONDUCT COMPLEX OPERATIONS.

       (a) In General.--Chapter 20 of title 10, United States 
     Code, is amended by adding the following new section:

     ``Sec. 409. Center for Complex Operations

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

[[Page S9135]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 20 of such title is amended by adding at 
     the end the following new item:

``409. Center for Complex Operations.''.

     SEC. 1033. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE 
                   TO PROPERTY FUNDED FROM A DEPARTMENT OF DEFENSE 
                   WORKING CAPITAL FUND.

       Section 7623(b) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) in paragraph (1), as so designated, by striking the 
     last sentence; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) Except as provided in subparagraph (B), amounts 
     received under this section shall be covered into the 
     Treasury as miscellaneous receipts.
       ``(B) Amounts received under this section for damage or 
     loss to property operated and maintained with funds from a 
     Department of Defense working capital fund or account shall 
     be credited to that fund or account.''.

     SEC. 1034. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR AIRLIFT 
                   SERVICES FROM CARRIERS PARTICIPATING IN THE 
                   CIVIL RESERVE AIR FLEET.

       (a) In General.--Chapter 931 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 9515. Airlift services: minimum annual purchase amount 
       for carriers participating in Civil Reserve Air Fleet

       ``(a) In General.--The Secretary of Defense may award to an 
     air carrier or an air carrier contractor team arrangement 
     participating in the Civil Reserve Air Fleet on a fiscal year 
     basis a one-year contract for airlift services with a minimum 
     purchase amount under such contract determined in accordance 
     with this section.
       ``(b) Eligible Carriers.--In order to be eligible for 
     payments under the minimum purchase amount provided by this 
     section, an air carrier (or any air carrier participating in 
     an air carrier contractor team arrangement)--
       ``(1) if under contract with the Department of Defense in 
     the prior fiscal year, shall have an average on-time pick up 
     rate, based on factors within such air carrier's control, of 
     at least 90 percent;
       ``(2) shall offer such amount of commitment to the Civil 
     Reserve Air Fleet in excess of the minimum required for 
     participation in the Civil Reserve Air Fleet as the Secretary 
     of Defense shall specify for purposes of this section; and
       ``(3) may not have refused a Department of Defense request 
     to act as a host for other Civil Reserve Air Fleet carriers 
     at intermediate staging bases during the prior fiscal year.
       ``(c) Aggregate Minimum Purchase Amount.--(1) The aggregate 
     amount of the minimum purchase amount for all contracts 
     awarded under subsection (a) for a fiscal year shall be based 
     on forecast needs, but may not exceed the amount equal to 80 
     percent of the average annual expenditure of the Department 
     of Defense for commercial airlift services during the five-
     fiscal year period ending in the fiscal year before the 
     fiscal year for which such contracts are awarded.
       ``(2) In calculating the average annual expenditure of the 
     Department of Defense for airlift services for purposes of 
     paragraph (1), the Secretary of Defense shall omit from the 
     calculation any fiscal year exhibiting unusually high demand 
     for commercial airlift services if the Secretary determines 
     that the omission of such fiscal year from the calculation 
     will result in a more accurate forecast of anticipated 
     commercial airlift services for purposes of that paragraph.
       ``(d) Allocation of Minimum Purchase Among Contracts.--(1) 
     The aggregate amount of the minimum purchase amount for all 
     contracts awarded under subsection (a) for a fiscal year, as 
     determined under subsection (c), shall be allocated among all 
     air carriers and air carrier contractor team arrangements 
     awarded contracts under subsection (a) for such fiscal year 
     in proportion to the commitments of such carriers to the 
     Civil Reserve Air Fleet for such fiscal year.
       ``(2) In determining the minimum purchase amount payable 
     under paragraph (1) under a contract under subsection (a) for 
     airlift services provided by an air carrier or air carrier 
     contractor team arrangement during the fiscal year covered by 
     such contract, the Secretary of Defense may adjust the amount 
     allocated to such carrier or arrangement under paragraph (2) 
     to take into account periods during such fiscal year when 
     airlift services of such carrier or a carrier in such 
     arrangement are unavailable for usage by the Department of 
     Defense, including during periods of refused business or 
     suspended operations or when such carrier is placed in nonuse 
     status pursuant to section 2640 of this title for safety 
     reasons.
       ``(e) Distribution of Amounts.--If any amount available 
     under this section for the minimum purchase of airlift 
     services from a carrier or air carrier contractor team 
     arrangement for a fiscal year under a contract under 
     subsection (a) is not utilized to purchase airlift services 
     from the carrier or arrangement in such fiscal year, such 
     amount shall be provided to the carrier or arrangement before 
     the first day of the following fiscal year.
       ``(f) Commitment of Funds.--(1) The Secretary of each 
     military department shall transfer to the transportation 
     working capital fund a percentage of the total amount 
     anticipated to be required in such fiscal year for the 
     payment of minimum purchase amounts under all contracts 
     awarded under subsection (a) for such fiscal year equivalent 
     to the percentage of the anticipated use of airlift services 
     by such military department during such fiscal year from all 
     carriers under contracts awarded under subsection (a) for 
     such fiscal year.
       ``(2) Any amounts required to be transferred under 
     paragraph (1) shall be transferred by the last day of the 
     fiscal year concerned to meet the requirements of subsection 
     (e) unless minimum purchase amounts have already been 
     distributed by the Secretary of Defense under subsection (e) 
     as of that date.
       ``(g) Availability of Airlift Services.--(1) From the total 
     amount of airlift services available for a fiscal year under 
     all contracts awarded under subsection (a) for such fiscal 
     year, a military department shall be entitled to obtain a 
     percentage of such airlift services equal to the percentage 
     of the contribution of the military department to the 
     transportation working capital fund for such fiscal year 
     under subsection (f).
       ``(2) A military department may transfer any entitlement to 
     airlift services under paragraph (1) to any other military 
     department or to any other agency, element, or component of 
     the Department of Defense.
       ``(h) Sunset.--The authorities in this section shall expire 
     on December 31, 2015.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 941 of such title is amended by adding 
     at the end the following new item:

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

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

       Section 814 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-215), as amended by 
     section 362 of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1065) and 
     Public Law 107-254 (116 Stat. 1733), is further amended--
       (1) by redesignating subsection (j) as subsection (k); and
       (2) by inserting after subsection (i) the following new 
     subsection (j):
       ``(j) Termination Date of Base Contract for Navy-Marine 
     Corps Intranet.--Notwithstanding subsection (i), the base 
     contract of the Navy-Marine Corps Intranet contract may 
     terminate on October 31, 2010.''.

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

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

     SEC. 1037. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH 
                   RESPECT TO CERTAIN NONPROLIFERATION AND 
                   PROLIFERATION ACTIVITIES.

       (a) Notification With Respect to Nonproliferation 
     Activities.--The Secretary of Defense, the Secretary of 
     Energy, the Secretary of Commerce, the Secretary of State, 
     and the Nuclear Regulatory Commission shall keep the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives informed 
     with respect to--
       (1) any activities undertaken by any such Secretary or the 
     Commission to carry out the purposes and policies of the 
     Secretaries and the Commission with respect to 
     nonproliferation programs; and
       (2) any other activities undertaken by any such Secretary 
     or the Commission to prevent the proliferation of nuclear, 
     chemical, or biological weapons or the means of delivery of 
     such weapons.
       (b) Notification With Respect to Proliferation Activities 
     in Foreign Nations.--
       (1) In general.--The Director of National Intelligence 
     shall keep the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives fully and currently informed with respect to 
     any activities of foreign nations that are significant with 
     respect to the proliferation of nuclear, chemical, or 
     biological weapons or the means of delivery of such weapons.
       (2) Fully and currently informed defined.--For purposes of 
     paragraph (1), the

[[Page S9136]]

     term ``fully and currently informed'' means the transmittal 
     of credible information with respect to an activity described 
     in such paragraph not later than 60 days after becoming aware 
     of the activity.

     SEC. 1038. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.

       (a) Findings.--Congress makes the following findings:
       (1) The unauthorized transfer of nuclear weapons from Minot 
     Air Force Base, North Dakota, to Barksdale Air Force Base, 
     Louisiana, in August 2007 was an extraordinary breach of the 
     command and control and security of nuclear weapons.
       (2) The reviews conducted following that unauthorized 
     transfer found that the ability of the Department of Defense 
     to provide oversight of nuclear weapons matters had 
     degenerated and that senior level attention to nuclear 
     weapons management is minimal at best.
       (3) The lack of attention to nuclear weapons and related 
     equipment by the Department of Defense was demonstrated again 
     when it was discovered in March 2008 that classified 
     equipment from Minuteman III intercontinental ballistic 
     missiles was inadvertently shipped to Taiwan in 2006.
       (4) The Department of Defense has insufficient capability 
     and staffing in the Office of the Under Secretary of Defense 
     for Policy to provide the necessary oversight of the nuclear 
     weapons functions of the Department.
       (5) The key senior position responsible for nuclear weapons 
     matters in the Department of Defense, the Assistant to the 
     Secretary of Defense for Nuclear and Chemical and Biological 
     Defense Programs, a position filled by appointment by and 
     with the advice and consent of the Senate, has been vacant 
     for more than 18 months.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should maintain clear and unambiguous 
     command and control of its nuclear weapons;
       (2) the safety and security of nuclear weapons and related 
     equipment should be a high priority as long as the United 
     States maintains a stockpile of nuclear weapons;
       (3) the President should take immediate steps to nominate a 
     qualified individual for the position of Assistant to the 
     Secretary of Defense for Nuclear and Chemical and Biological 
     Defense Programs; and
       (4) the Secretary of Defense should establish and fill a 
     senior position, at the level of Assistant Secretary or 
     Deputy Under Secretary, within the Office of the Under 
     Secretary of Defense for Policy to be responsible solely for 
     the strategic and nuclear weapons policy of the Department of 
     Defense.

     SEC. 1039. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-
                   FEDERAL AVIATION ADMINISTRATION EXECUTIVE 
                   COMMITTEE ON CONFLICT AND DISPUTE RESOLUTION.

       (a) Findings.--Congress makes the following findings:
       (1) Unmanned aerial systems (UAS) of the Department of 
     Defense, like the Predator and the Global Hawk, have become a 
     critical component of military operations. Unmanned aerial 
     systems are indispensable in the conflict against terrorism 
     and the campaigns in Afghanistan and Iraq.
       (2) Unmanned aerial systems of the Department of Defense 
     must operate in the National Airspace System (NAS) for 
     training, operational support to the combatant commands, and 
     support to domestic authorities in emergencies and national 
     disasters.
       (3) The Department of Defense has been lax in developing 
     certifications of airworthiness for unmanned aerial systems, 
     qualifications for operators of unmanned aerial systems, 
     databases on safety matters relating to unmanned aerial 
     systems, and standards, technology, and procedures that are 
     necessary for routine access of unmanned aerial systems to 
     the National Airspace System.
       (4) As recognized in a Memorandum of Agreement for 
     Operation of Unmanned Aircraft Systems in the National 
     Airspace System signed by the Deputy Secretary of Defense and 
     the Administrator of the Federal Aviation Administration in 
     September 2007, it is vital for the Department of Defense and 
     the Federal Aviation Administration to collaborate closely to 
     achieve progress in gaining access for unmanned aerial 
     systems to the National Airspace System to support military 
     requirements.
       (5) The Department of Defense and the Federal Aviation 
     Administration have jointly and separately taken significant 
     actions to improve the access of unmanned aerial systems of 
     the Department of Defense to the National Airspace System, 
     but overall, the pace of progress in access of such systems 
     to the National Airspace System has been insufficient and 
     poses a threat to national security.
       (6) Techniques and procedures can be rapidly acquired or 
     developed to temporarily permit safe operations of unmanned 
     aerial systems in the National Airspace System until 
     permanent safe operations of such systems in the National 
     Airspace System can be achieved.
       (7) Identifying, developing, approving, implementing, and 
     monitoring the adequacy of these techniques and procedures 
     may require the establishment of a joint Department of 
     Defense-Federal Aviation Administration executive committee 
     reporting to the highest levels of the Department of Defense 
     and the Federal Aviation Administration on matters relating 
     to the access of unmanned aerial systems of the Department of 
     Defense to the National Airspace System.
       (8) Joint management attention at the highest levels of the 
     Department of Defense and the Federal Aviation Administration 
     may also be required on other important issues, such as type 
     ratings for aerial refueling aircraft.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should seek an agreement with the 
     Administrator of the Federal Aviation Administration to 
     jointly establish within the Department of Defense and the 
     Federal Aviation Administration a joint Department of 
     Defense-Federal Aviation Administration executive committee 
     on conflict and dispute resolution which would--
       (1) act as a focal point for the resolution of disputes on 
     matters of policy and procedures between the Department of 
     Defense and the Federal Aviation Administration with respect 
     to--
       (A) airspace, aircraft certifications, and aircrew 
     training; and
       (B) other issues brought before the joint executive 
     committee by the Department of Defense or the Department of 
     Transportation;
       (2) identify solutions to the range of technical, 
     procedural, and policy concerns arising in the disputes 
     described in paragraph (1); and
       (3) identify solutions to the range of technical, 
     procedural, and policy concerns arising in the integration of 
     Department of Defense unmanned aerial systems into the 
     National Airspace System in order to achieve the increasing, 
     and ultimately routine, access of such systems into the 
     National Airspace System.

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

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

                          Subtitle E--Reports

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

       (a) Repeal of Certain Reports on Allied Contributions to 
     the Common Defense.--Section 1003 of the Department of 
     Defense Authorization Act, 1985 (Public Law 95-525; 98 Stat. 
     2576) is amended by striking subsections (c) and (d).
       (b) Repeal of Report on Cost-Sharing.--Section 1313 of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 2894) is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsections (c).

[[Page S9137]]

     SEC. 1052. REPORT ON DETENTION OPERATIONS IN IRAQ.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     detention operations at theater internment facilities in Iraq 
     during the period beginning on January 1, 2007, and ending on 
     the date of the report.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A detailed description of the policies and procedures 
     governing detention operations at theater internment 
     facilities in Iraq during the period covered by the report, 
     and a description of any changes to such policies and 
     procedures during that period intended to incorporate 
     counterinsurgency doctrine within such detention operations.
       (2) A detailed description of the policies and programs 
     instituted to prepare detainees for reintegration following 
     their release from detention in theater interment facilities 
     in Iraq, including programs of family visits and outreach, 
     religious counseling, literacy, basic education, and 
     vocational skills.
       (3) A detailed description of the procedures for reviewing 
     the detention status of individuals under detention in 
     theater detention facilities in Iraq during the period 
     covered by the report, including the procedures of the 
     Multinational Forces Review Committee, and an assessment of 
     the effect, if any, on United States detention policy and 
     procedures with respect to Iraq of the General Amnesty Law 
     approved by the Council of Representatives on February 13, 
     2008, and signed by the Presidency Council on February 26, 
     2008.
       (4) Information for each month of the period covered by the 
     report as follows:
       (A) The detainee population at each theater internment 
     facility in Iraq as of the end of such month.
       (B) The number of detainees released from detention in 
     theater internment facilities in Iraq during such month both 
     in aggregate and in number released from each such theater 
     internment facility.
       (C) The number of detainees in theater internment 
     facilities in Iraq turned over to the control of the 
     Government of Iraq for criminal prosecution during such 
     month.
       (5) Information on the length of detainments in the theater 
     internment facilities in Iraq as of each of January 1, 2007, 
     and January 1, 2008, with a stratification of the number of 
     individuals who had been so detained at each such date by 
     six-month increments.
       (6) A description and assessment of the effects of changes 
     in detention operations and reintegration programs at theater 
     internment facilities in Iraq during the period of the 
     report, including changes in levels of violence within 
     internment facilities and in rates of recapture of detainees 
     released from detention in internment facilities.
       (7) A statement of the costs of establishing and operating 
     reintegration centers in Iraq and of the share of such costs 
     to be paid by the Government of Iraq, and a description of 
     plans for the transition of such centers to the control of 
     the Government of Iraq.
       (8) A description of--
       (A) the lessons learned regarding detention operations in a 
     counterinsurgency operation, an assessment of how such 
     lessons could be applied to detention operations elsewhere 
     (including in Afghanistan and at Guantanamo Bay, Cuba); and
       (B) any efforts to integrate such lessons into Department 
     of Defense directives, joint doctrine, mission rehearsal 
     exercises for deploying forces, and training for units 
     involved in detention and interrogation operations.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 1053. STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL 
                   GUARD AND RESERVES IN THE NATIONAL DEFENSE.

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

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

       (a) In General.--The Secretary of Defense shall, in 
     consultation with the Secretary of State, conduct a review of 
     each nonnuclear prompt global strike concept demonstration 
     with respect to which the President requests funding in the 
     budget of the President for fiscal year 2010 (as submitted to 
     Congress pursuant to section 1105 of title 31, United States 
     Code).
       (b) Elements.--The review required by subsection (a) shall 
     include, for each concept demonstration described in that 
     subsection, the following:
       (1) The full cost of such concept demonstration.
       (2) An assessment of any policy, legal, or treaty-related 
     issues that could arise during the course of, or as a result 
     of, such concept demonstration.
       (3) The extent to which the concept demonstrated could be 
     misconstrued as a nuclear weapon or delivery system.
       (4) An assessment of the potential basing and deployment 
     options for the concept demonstrated.
       (5) A description of the types of targets against which the 
     concept demonstrated might be used.
       (c) Report.--Not later than 30 days after the date on which 
     the President submits to Congress the budget for fiscal year 
     2010 (as so submitted), the Secretary of Defense shall submit 
     to the congressional defense committees a report setting 
     forth the results of the review required by subsection (a).

     SEC. 1055. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE 
                   DEPARTMENT OF DEFENSE AND THE INTELLIGENCE 
                   COMMUNITY.

       (a) In General.--The Secretary of Defense and the Director 
     of National Intelligence shall conduct a joint review of the 
     bandwidth capacity requirements of the Department of Defense 
     and the intelligence community in the near term, mid term, 
     and long term.
       (b) Elements.--The review required by subsection (a) shall 
     include an assessment of the following:
       (1) The current bandwidth capacities of the Department of 
     Defense and the intelligence community to transport data, 
     including Government and commercial ground networks and 
     satellite systems.
       (2) The bandwidth capacities anticipated to be available to 
     the Department of Defense and the intelligence community to 
     transport data in the near term, mid term, and long term.
       (3) The bandwidth and data requirements of current major 
     operational systems of the Department of Defense and the 
     intelligence community, including an assessment of--
       (A) whether such requirements are being appropriately met 
     by the bandwidth capacities described in paragraph (1); and
       (B) the degree to which any such requirements are not being 
     met by such bandwidth capacities.
       (4) The anticipated bandwidth and data requirements of 
     major operational systems of the Department of Defense and 
     the intelligence community planned for each of the near term, 
     mid term, and long term, including an assessment of--
       (A) whether such anticipated requirements will be 
     appropriately met by the bandwidth capacities described in 
     paragraph (2); and

[[Page S9138]]

       (B) the degree to which any such requirements are not 
     anticipated to be met by such bandwidth capacities.
       (5) Any mitigation concepts that could be used to satisfy 
     any unmet bandwidth and data requirements.
       (6) The costs of meeting the bandwidth and data 
     requirements described in paragraphs (3) and (4).
       (7) Any actions necessary to integrate or consolidate the 
     information networks of the Department of Defense and the 
     intelligence community.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Director of National Intelligence shall jointly submit to the 
     congressional defense committees, the Select Committee on 
     Intelligence of the Senate, and the Permanent Select 
     Committee on Intelligence of the House of Representatives a 
     report setting forth the results of the review required by 
     subsection (a).
       (d) Formal Review Process for Bandwidth Requirements.--The 
     Secretary of Defense and the Director of National 
     Intelligence shall, as part of the Milestone B or Key 
     Decision Point B approval process for any major defense 
     acquisition program or major system acquisition program, 
     establish a formal review process to ensure that--
       (1) the bandwidth requirements needed to support such 
     program are or will be met; and
       (2) a determination will be made with respect to how to 
     meet the bandwidth requirements for such program.
       (e) Definitions.--In this section:
       (1) Intelligence community.--The term ``intelligence 
     community'' means the elements of the intelligence community 
     specified in or designated under section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4)).
       (2) Long term.--The term ``long term'' means the five-year 
     period beginning on the date that is 10 years after the date 
     of the enactment of this Act.
       (3) Mid term.--The term ``mid term'' means the five-year 
     period beginning on the date that is five years after the 
     date of the enactment of this Act.
       (4) Near term.--The term ``near term'' means the five-year 
     period beginning on the date of the enactment of this Act.

                  Subtitle F--Wounded Warrior Matters

     SEC. 1061. MODIFICATION OF UTILIZATION OF VETERANS' 
                   PRESUMPTION OF SOUND CONDITION IN ESTABLISHING 
                   ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR 
                   RETIREMENT FOR DISABILITY.

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

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

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

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

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

     SEC. 1064. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED 
                   WARRIOR RESOURCE CENTER.

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

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

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

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

       (a) In General.--The Secretary of Veterans Affairs and the 
     Secretary of Defense shall jointly establish a center of 
     excellence in the mitigation, treatment, and rehabilitation 
     of traumatic extremity injuries and amputations.
       (b) Partnerships.--The Secretary of Veterans Affairs and 
     the Secretary of Defense shall jointly ensure that the center 
     collaborates with the Department of Veterans Affairs, the 
     Department of Defense, institutions of higher education, and 
     other appropriate public and private entities (including 
     international entities) to carry out the responsibilities 
     specified in subsection (c).
       (c) Responsibilities.--The center shall have the 
     responsibilities as follows:
       (1) To implement a comprehensive plan and strategy for the 
     Department of Veterans Affairs and the Department of Defense 
     for the mitigation, treatment, and rehabilitation of 
     traumatic extremity injuries and amputations.
       (2) To carry out such other activities to improve and 
     enhance the efforts of the Department of Veterans Affairs and 
     the Department of Defense for the mitigation, treatment, and 
     rehabilitation of traumatic extremity injuries and 
     amputations as the Secretary of Veterans Affairs and the 
     Secretary of Defense consider appropriate.
       (d) Reports.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Veterans Affairs and the Secretary of Defense 
     shall jointly submit to Congress a report on the activities 
     of the center.
       (2) Elements.--Each report under this subsection shall 
     include the following:
       (A) In the case of the first report under this subsection, 
     a description of the implementation of the requirements of 
     this Act.
       (B) A description and assessment of the activities of the 
     center during the one-year period ending on the date of such 
     report, including an assessment of the role of such 
     activities in improving and enhancing the efforts of the 
     Department of Veterans Affairs and the Department of Defense 
     for the mitigation, treatment, and rehabilitation of 
     traumatic extremity injuries and amputations.

     SEC. 1067. THREE-YEAR EXTENSION OF SENIOR OVERSIGHT COMMITTEE 
                   WITH RESPECT TO WOUNDED WARRIOR MATTERS.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly take such actions as are 
     appropriate, including the allocation of appropriate 
     personnel, funding, and other resources, to continue the 
     operations of the Senior Oversight Committee until September 
     30, 2011.
       (b) Report on Further Extension of Committee.--Not later 
     than December 31, 2010, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to 
     Congress a report setting forth the joint recommendation of 
     the Secretaries as to the advisability of continuing the 
     operations of the Senior Oversight Committee after September 
     30, 2011. If the Secretaries recommend that continuing the 
     operations of the Senior Oversight Committee after September 
     30, 2011, is advisable, the report may include such 
     recommendations for the modification of the responsibilities, 
     composition, or support of the Senior Oversight Committee as 
     the Secretaries jointly consider appropriate.
       (c) Senior Oversight Committee Defined.--In this section, 
     the term ``Senior Oversight Committee'' means the Senior 
     Oversight Committee jointly established by the Secretary of 
     Defense and the Secretary of Veterans Affairs in May 2007. 
     The Senior Oversight Committee was established to address 
     concerns related to the treatment of wounded, ill, and 
     injured members of the Armed Forces and veterans and serve as 
     the single point of contact for oversight, strategy, and 
     integration of proposed strategies for the efforts of the 
     Department of Defense and the Department of Veterans Affairs 
     to improve support throughout the recovery, rehabilitation, 
     and reintegration of wounded, ill, or injured members of the 
     Armed Forces.

                       Subtitle G--Other Matters

     SEC. 1081. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL 
                   ANTHEM BY MEMBERS OF THE ARMED FORCES NOT IN 
                   UNIFORM AND BY VETERANS.

       Section 301(b)(1) of title 36, United States Code, is 
     amended by striking subparagraphs (A) through (C) and 
     inserting the following new subparagraphs:
       ``(A) individuals in uniform should give the military 
     salute at the first note of the anthem and maintain that 
     position until the last note;
       ``(B) members of the Armed Forces and veterans who are 
     present but not in uniform

[[Page S9139]]

     may render the military salute in the manner provided for 
     individuals in uniform; and
       ``(C) all other persons present should face the flag and 
     stand at attention with their right hand over the heart, and 
     men not in uniform, if applicable, should remove their 
     headdress with their right hand and hold it at the left 
     shoulder, the hand being over the heart; and''.

     SEC. 1082. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED 
                   FOR ENTRY TO MILITARY INSTALLATIONS IN THE 
                   UNITED STATES.

       Section 1069(c) of the National Defense Authorization Act 
     of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 327) is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``July 1, 2008'' and inserting ``February 
     1, 2009''; and
       (B) by striking ``January 1, 2009'' and inserting ``October 
     1, 2012''; and
       (2) in paragraph (2), by striking ``implemented'' and 
     inserting ``developed''.

     SEC. 1083. SUSPENSION OF STATUTES OF LIMITATIONS WHEN 
                   CONGRESS AUTHORIZES THE USE OF MILITARY FORCE.

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

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

       (a) Codification of Annual Requirement for Plan.--
       (1) In general.--Chapter 2 of title 10, United States Code, 
     is amended by adding after section 115a the following new 
     section:

     ``Sec. 115b. Department of Defense strategic human capital 
       plans

       ``(a) Annual Plan Required.--The Secretary of Defense shall 
     submit to Congress on an annual basis a strategic human 
     capital plan to shape and improve the civilian employee 
     workforce of the Department of Defense. The plan shall be 
     submitted not later than March 1 each year.
       ``(b) Contents.--Each strategic human capital plan under 
     subsection (a) shall include the following:
       ``(1) An assessment of--
       ``(A) the critical skills and competencies that will be 
     needed in the future civilian employee workforce of the 
     Department of Defense to support national security 
     requirements and effectively manage the Department over the 
     next decade;
       ``(B) the skills and competencies of the existing civilian 
     employee workforce of the Department and projected trends in 
     that workforce based on expected losses due to retirement and 
     other attrition; and
       ``(C) gaps in the existing or projected civilian employee 
     workforce of the Department that should be addressed to 
     ensure that the Department has continued access to the 
     critical skills and competencies described in subparagraph 
     (A).
       ``(2) A plan of action for developing and reshaping the 
     civilian employee workforce of the Department to address the 
     gaps in critical skills and competencies identified under 
     paragraph (1)(C), including--
       ``(A) specific recruiting and retention goals, including 
     the program objectives of the Department to be achieved 
     through such goals and the funding needed to achieve such 
     goals; and
       ``(B) specific strategies for developing, training, 
     deploying, compensating, and motivating the civilian employee 
     workforce of the Department, including the program objectives 
     of the Department to be achieved through such strategies and 
     the funding needed to implement such strategies.
       ``(3) An assessment, using results-oriented performance 
     measures, of the progress of the Department in implementing 
     the strategic human capital plan under this section during 
     the previous year.
       ``(c) Senior Management, Functional, and Technical 
     Workforce.--(1) Each strategic human capital plan under 
     subsection (a) shall specifically address the shaping and 
     improvement of the senior management, functional, and 
     technical workforce (including scientists and engineers) of 
     the Department of Defense.
       ``(2) For purposes of paragraph (1), each plan shall 
     include, at a minimum, the following:
       ``(A) An assessment of--
       ``(i) the needs of the Department for senior management, 
     functional, and technical personnel (including scientists and 
     engineers) in light of recent trends and projected changes in 
     the mission and organization of the Department and in light 
     of staff support needed to accomplish that mission;
       ``(ii) the capability of the existing civilian employee 
     workforce of the Department to meet requirements relating to 
     the mission of the Department, including the impact on that 
     capability of projected trends in the senior management, 
     functional, and technical personnel workforce of the 
     Department based on expected losses due to retirement and 
     other attrition; and
       ``(iii) gaps in the existing or projected civilian employee 
     workforce of the Department that should be addressed to 
     ensure that the Department has continued access to the senior 
     management, functional, and technical personnel (including 
     scientists and engineers) it needs.
       ``(B) A plan of action for developing and reshaping the 
     senior management, functional, and technical workforce of the 
     Department to address the gaps identified under subparagraph 
     (A)(iii), including--
       ``(i) any legislative or administrative action that may be 
     needed to adjust the requirements applicable to any category 
     of civilian personnel identified in paragraph (3) or to 
     establish a new category of senior management or technical 
     personnel;
       ``(ii) any changes in the number of personnel authorized in 
     any category of personnel identified in subsection (b) that 
     may be needed to address such gaps and effectively meet the 
     needs of the Department;
       ``(iii) any changes in the rates or methods of pay for any 
     category of personnel identified in paragraph (3) that may be 
     needed to address inequities and ensure that the Department 
     has full access to appropriately qualified personnel to 
     address such gaps and meet the needs of the Department;
       ``(iv) specific recruiting and retention goals, including 
     the program objectives of the Department to be achieved 
     through such goals;
       ``(v) specific strategies for developing, training, 
     deploying, compensating, motivating, and designing career 
     paths and career opportunities for the senior management, 
     functional, and technical workforce of the Department, 
     including the program objectives of the Department to be 
     achieved through such strategies; and
       ``(vi) specific steps that the Department has taken or 
     plans to take to ensure that the senior management, 
     functional, and technical workforce of the Department is 
     managed in compliance with the requirements of section 129 of 
     this title.
       ``(3) For purposes of this subsection, the senior 
     management, functional, and technical workforce of the 
     Department of Defense includes the following categories of 
     Department of Defense civilian personnel:
       ``(A) Appointees in the Senior Executive Service under 
     section 3131 of title 5.
       ``(B) Persons serving in positions described in section 
     5376(a) of title 5.
       ``(C) Highly qualified experts appointed pursuant to 
     section 9903 of title 5.
       ``(D) Scientists and engineers appointed pursuant to 
     section 342(b) of the National Defense Authorization Act for 
     Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as 
     amended by section 1114 of the Floyd D. Spence National 
     Defense Authorization Act for Fiscal Year 2001 (as enacted 
     into law by Public Law 106-398 (114 Stat. 1654A-315)).
       ``(E) Scientists and engineers appointed pursuant to 
     section 1101 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).
       ``(F) Persons serving in the Defense Intelligence Senior 
     Executive Service under section 1606 of this title.
       ``(G) Persons serving in Intelligence Senior Level 
     positions under section 1607 of this title.
       ``(d) Defense Acquisition Workforce.--(1) Each strategic 
     human capital plan under subsection (a) shall specifically 
     address the shaping and improvement of the defense 
     acquisition workforce, including both military and civilian 
     personnel.
       ``(2) For purposes of paragraph (1), each plan shall 
     include, at a minimum, the following:
       ``(A) An assessment of--
       ``(i) the skills and competencies needed in the military 
     and civilian workforce of the Department of Defense to 
     effectively manage the acquisition programs and activities of 
     the Department over the next decade;
       ``(ii) the skills and competencies of the existing military 
     and civilian acquisition workforce of the Department and 
     projected trends in that workforce based on expected losses 
     due to retirement and other attrition; and
       ``(iii) gaps in the existing or projected military and 
     civilian acquisition workforce that should be addressed to 
     ensure that the Department has access to the skills and 
     competencies identified pursuant to clauses (i) and (ii).
       ``(B) A plan of action that establishes specific objectives 
     for developing and reshaping the military and civilian 
     acquisition workforce of the Department to address the gaps 
     in skills and competencies identified under subparagraph (A), 
     including--
       ``(i) specific recruiting and retention goals; and
       ``(ii) specific strategies and incentives for developing, 
     training, deploying, compensating, and motivating the 
     military and civilian acquisition workforce of the Department 
     to achieve such goals.
       ``(C) A plan for funding needed improvements in the 
     military and civilian acquisition workforce of the 
     Department, including--
       ``(i) an identification of the funding programmed for 
     defense acquisition workforce

[[Page S9140]]

     improvements, including a specific identification of funding 
     provided in the Department of Defense Acquisition Workforce 
     Fund established under section 1705 of this title;
       ``(ii) an identification of the funding programmed for 
     defense acquisition workforce training in the future-years 
     defense program, including a specific identification of 
     funding provided by the acquisition workforce training fund 
     established under section 37(h)(3) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 433(h)(3));
       ``(iii) a description of how the funding identified 
     pursuant to clauses (i) and (ii) will be implemented during 
     the fiscal year concerned to address the areas of need 
     identified in accordance with subparagraph (A);
       ``(iv) a statement of whether the funding identified under 
     clauses (i) and (ii) is being fully used; and
       ``(v) a description of any continuing shortfall in funding 
     available for the defense acquisition workforce.
       ``(e) Submittals by Secretaries of the Military Departments 
     and Heads of the Defense Agencies.--The Secretary of Defense 
     shall require the Secretary of each military department and 
     the head of each Defense Agency to submit a report to the 
     Secretary addressing each of the matters described in this 
     section. The Secretary of Defense shall establish a deadline 
     for the submittal of reports under this subsection that 
     enables the Secretary to consider the material submitted in a 
     timely manner and incorporate such material, as appropriate, 
     into the strategic human capital plans required by this 
     section.
       ``(f) Gaps in the Workforce.--(1) The Secretary of Defense 
     may not conduct a public-private competition under chapter 
     126 of this title, Office of Management and Budget Circular 
     A-76, or any other provision of law or regulation before 
     expanding the civilian workforce of the Department of Defense 
     to address a gap in the workforce identified under this 
     section.
       ``(2) For purposes of this section, gaps in the workforce 
     include--
       ``(A) shortcomings in the skills and competencies of 
     employees; and
       ``(B) shortcomings in the number of employees possessing 
     such skills and competencies.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 2 of such title is amended by inserting 
     after the item relating to section 115a the following new 
     item:

``115b. Department of Defense strategic human capital plans.''.

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

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

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

     SEC. 1103. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL 
                   POSITIONS UNDER THE NATIONAL SECURITY PERSONNEL 
                   SYSTEM.

       Section 9902(i) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``(except that the 
     limitations of chapter 33 may be waived to the extent 
     necessary to achieve the purposes of this subsection)'' after 
     ``the limitations in subsection (b)(3)''; and
       (2) in paragraph (2), by inserting before the period at the 
     end the following: ``in a manner comparable to the manner in 
     which such provisions are applied under chapter 33''.

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

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

     SEC. 1105. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN 
                   EMPLOYEES DEPLOYED IN SUPPORT OF A CONTINGENCY 
                   OPERATION.

       (a) Automatic Coverage.--Section 8702(c) of title 5, United 
     States Code, is amended--
       (1) by inserting ``an employee who is deployed in support 
     of a contingency operation (as that term is defined in 
     section 101(a)(13) of title 10) or'' after ``subsection 
     (b)''; and
       (2) by inserting ``notification of deployment or'' after 
     ``the date of the''.
       (b) Optional Insurance.--Section 8714a(b) of such title is 
     amended--
       (1) by designating the text as paragraph (2); and
       (2) by inserting before paragraph (2), as so designated the 
     following new paragraph (1):
       ``(1) An employee who is deployed in support of a 
     contingency operation (as that term is defined in section 
     101(a)(13) of title 10) or an employee of the Department of 
     Defense who is designated as emergency essential under 
     section 1580 of title 10 shall be insured under the policy of 
     insurance under this section if the employee, within 60 days 
     after the date of notification of deployment or designation, 
     elects to be insured under the policy of insurance. An 
     election under this paragraph shall be effective when 
     provided to the Office in writing, in the form prescribed by 
     the Office, within such 60-day period.''.
       (c) Additional Optional Life Insurance.--Section 8714b(b) 
     of such title is amended--
       (1) by designating the text as paragraph (2); and
       (2) by inserting before paragraph (2), as so designated the 
     following new paragraph (1):
       ``(2) An employee who is deployed in support of a 
     contingency operation (as that term is defined in section 
     101(a)(13) of title 10) or an employee of the Department of 
     Defense who is designated as emergency essential under 
     section 1580 of title 10 shall be insured under the policy of 
     insurance under this section if the employee, within 60 days 
     after the date of notification of deployment or designation, 
     elects to be insured under the policy of insurance. An 
     election under this paragraph shall be effective when 
     provided to the Office in writing, in the form prescribed by 
     the Office, within such 60-day period.''.

     SEC. 1106. PERMANENT EXTENSION OF DEPARTMENT OF DEFENSE 
                   VOLUNTARY REDUCTION IN FORCE AUTHORITY.

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

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

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

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

       (a) Waiver Authority.--
       (1) In general.--Notwithstanding sections 5307 and 5547 of 
     title 5, United States Code, the head of an Executive agency 
     (as that term is defined in section 105 of title 5, United 
     States Code) may, during calendar year 2009, waive 
     limitations on the aggregate on basic pay and premium pay 
     payable in such calendar year, and on allowances, 
     differentials, bonuses, awards, and similar cash payments 
     payable in such calendar year, to an employee who performs 
     work while in an overseas location that is in the area of 
     responsibility of the Commander of the United States Central 
     Command in direct support of, or directly related to--
       (A) a military operation, including a contingency 
     operation; or
       (B) an operation in response to a declared emergency.
       (2) Limitation.--The total annual compensation payable to 
     an employee pursuant to a waiver under this subsection may 
     not exceed the total annual compensation payable to the Vice 
     President under section 104 of title 3, United States Code.
       (b) Rollover of Earned Pay to Subsequent Year.--Any amount 
     that would otherwise be paid an employee in calendar year

[[Page S9141]]

     2009 under a waiver under subsection (a)(1) except for the 
     limitation in subsection (a)(2) shall be paid to the employee 
     in a lump sum at the beginning of calendar year 2010. Any 
     amount paid an employee under this subsection in calendar 
     year 2010 shall be taken into account as if the limitation in 
     subsection (a)(2) was applicable to the employee in calendar 
     year 2010.
       (c) Additional Pay Not Considered Basic Pay.--To the extent 
     that a waiver under subsection (a) results in payment of 
     additional premium pay of a type that is normally creditable 
     as basic pay for retirement or any other purpose, such 
     additional pay shall not be considered to be basic pay for 
     any purpose, nor shall such additional pay be used in 
     computing a lump-sum payment for accumulated and accrued 
     annual leave under section 5551 of title 5, United States 
     Code.
       (d) Regulations.--The Director of the Office of Personnel 
     Management may prescribe regulations to ensure appropriate 
     consistency among heads of Executive agencies in the exercise 
     of the authority granted by this section.

     SEC. 1109. TECHNICAL AMENDMENT RELATING TO DEFINITION OF 
                   PROFESSIONAL ACCOUNTING POSITION FOR PURPOSES 
                   OF CERTIFICATION AND CREDENTIALING STANDARDS.

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

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

     SEC. 1201. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF 
                   EDUCATION AND TRAINING OF FOREIGN MILITARY 
                   FORCES UNDER REGIONAL DEFENSE COMBATING 
                   TERRORISM FELLOWSHIP PROGRAM.

       (a) Increase in Amount.--Section 2249c(b) of title 10, 
     United States Code, is amended by striking ``$25,000,000'' 
     and inserting ``$35,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to fiscal years beginning on or after that date.

     SEC. 1202. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN 
                   PERSONNEL OF EDUCATION AND TRAINING MATERIALS 
                   AND INFORMATION TECHNOLOGY TO ENHANCE MILITARY 
                   INTEROPERABILITY WITH THE ARMED FORCES.

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

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

       ``(a) Distribution Authorized.--To enhance interoperability 
     between the armed forces and military forces of friendly 
     foreign nations, the Secretary of Defense, with the 
     concurrence of the Secretary of State, may--
       ``(1) provide to personnel referred to in subsection (b) 
     electronically-distributed learning content for the education 
     and training of such personnel for the development or 
     enhancement of allied and friendly military and civilian 
     capabilities for multinational operations, including joint 
     exercises and coalition operations; and
       ``(2) provide information technology, including computer 
     software developed for such purpose, but only to the extent 
     necessary to support the use of such learning content for the 
     education and training of such personnel.
       ``(b) Authorized Recipients.--The personnel to whom 
     learning content and information technology may be provided 
     under subsection (a) are military and civilian personnel of a 
     friendly foreign government, with the permission of that 
     government.
       ``(c) Education and Training.--Any education and training 
     provided under subsection (a) shall include the following:
       ``(1) Internet-based education and training.
       ``(2) Advanced distributed learning and similar Internet 
     learning tools, as well as distributed training and computer-
     assisted exercises.
       ``(d) Applicability of Export Control Regimes.--The 
     provision of learning content and information technology 
     under this section shall be subject to the provisions of the 
     Arms Export Control Act (22 U.S.C. 2751 et seq.) and any 
     other export control regime under law relating to the 
     transfer of military technology to foreign nations.
       ``(e) Guidance on Utilization of Authority.--
       ``(1) Guidance required.--The Secretary of Defense shall 
     develop and issue guidance on the procedures for the use of 
     the authority in this section.
       ``(2) Modification.--If the Secretary modifies the guidance 
     issued under paragraph (1), the Secretary shall submit to the 
     appropriate committees of Congress a report setting forth the 
     modified guidance not later than 30 days after the date of 
     such modification.
       ``(f) Annual Report.--
       ``(1) Report required.--Not later than October 31 following 
     each fiscal year in which the authority in this section is 
     used, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report on the exercise 
     of the authority during such fiscal year.
       ``(2) Elements.--Each report under paragraph (1) shall 
     include, for the fiscal year covered by such report, the 
     following:
       ``(A) A statement of the recipients of learning content and 
     information technology provided under this section.
       ``(B) A description of the type, quantity, and value of the 
     learning content and information technology provided under 
     this section.
       ``(g) Appropriate Committees of Congress Defined.--In this 
     section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Armed Services of the Senate; and
       ``(2) the Committee on Armed Services of the House of 
     Representatives.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter I of chapter 134 of such title is 
     amended by adding at the end the following new item:

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

       (b) Guidance on Utilization of Authority.--
       (1) Submittal to congress.--Not later than 30 days after 
     issuing the guidance required by section 2249d(e) of title 
     10, United States Code, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report setting forth such 
     guidance.
       (2) Utilization of similar guidance.--In developing the 
     guidance required by section 2249d(e) of title 10, United 
     States Code, as so added, the Secretary may utilize 
     applicable portions of the current guidance developed by the 
     Secretary under subsection (f) of section 1207 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2419) for purposes of the 
     exercise of the authority in such section 1207.
       (c) Repeal of Superseded Authority.--
       (1) In general.--Section 1207 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 is repealed.
       (2) Submittal of final report on exercise of authority.--If 
     the Secretary of Defense exercised the authority in section 
     1207 of the John Warner National Defense Authorization Act 
     for Fiscal Year 2007 during fiscal year 2008, the Secretary 
     shall submit the report required by subsection (g) of such 
     section for such fiscal year in accordance with the 
     provisions of such subsection (g) without regard to the 
     repeal of such section under paragraph (1).
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2008.

     SEC. 1203. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT 
                   OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

       (a) In General.--Subsection (a) of section 1208 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086) is 
     amended--
       (1) by inserting ``, with the concurrence of the relevant 
     Chief of Mission,'' after ``may''; and
       (2) by striking ``$25,000,000'' and inserting 
     ``$35,000,000''.
       (b) Timing of Notice on Provision of Support.--Subsection 
     (c) of such section is amended by striking ``in not less than 
     48 hours'' and inserting ``within 48 hours''.
       (c) Extension.--Subsection (h) of such section, as amended 
     by section 1202(c) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is 
     further amended by striking ``2010'' and inserting ``2011''.
       (d) Technical Amendment.--The heading of such section is 
     amended by striking ``military operations'' and inserting 
     ``special operations''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

     SEC. 1204. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING 
                   TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN 
                   MILITARY FORCES.

       (a) Building of Capacity of Additional Foreign Forces.--
     Subsection (a) of section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3456), as amended by section 1206 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2418), is further amended 
     by striking ``a program'' and all that follows and inserting 
     ``a program or programs as follows:
       ``(1) To build the capacity of a foreign country's national 
     military forces in order for that country to--
       ``(A) conduct counterterrorism operations; or
       ``(B) participate in or support military and stability 
     operations in which the United States Armed Forces are 
     participating.
       ``(2) To build the capacity of a foreign country's coast 
     guard, border protection, and other security forces engaged 
     primarily in counterterrorism missions in order for that 
     country to conduct counterterrorism operations.''.
       (b) Discharge Through Grants.--Subsection (b)(1) of such 
     section, as so amended, is further amended by inserting ``may 
     be carried out by grant and'' before ``may include the 
     provision''.

[[Page S9142]]

       (c) Funding.--Subsection (c) of such section, as so 
     amended, is further amended--
       (1) in paragraph (1), by striking ``$300,000,000'' and 
     inserting ``$400,000,000''; and
       (2) by adding at the end the following new paragraph:
       ``(4) Availability of funds for activities across fiscal 
     years.--Amounts available under this subsection for the 
     authority in subsection (a) for a fiscal year may be used for 
     programs under that authority that begin in such fiscal year 
     but end in the next fiscal year.''.
       (d) Three-Year Extension of Authority.--Subsection (g) of 
     such section, as so amended, is further amended--
       (1) by striking ``September 30, 2008'' and inserting 
     ``September 30, 2011''; and
       (2) by striking ``fiscal year 2006, 2007, or 2008'' and 
     inserting ``fiscal years 2006 through 2011''.

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

       (a) Increase in Maximum Amount of Assistance.--Subsection 
     (b) of section 1207 of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458) is 
     amended by striking ``$100,000,000'' and inserting 
     ``$200,000,000''.
       (b) Three-Year Extension of Authority.--Subsection (g) of 
     such section, as amended by section 1210(b) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 369), is further amended by striking 
     ``September 30, 2008'' and inserting ``September 30, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

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

       Section 1202(e) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2412), as amended by section 1252(b) of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 402), is further amended by 
     striking ``September 30, 2009'' and inserting ``September 30, 
     2013''.

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

       (a) Authority for Use of Funds.--
       (1) In general.--The Commander of a combatant command may, 
     with the concurrence of the relevant Chief of Mission, expend 
     amounts authorized to be appropriated for a fiscal year by 
     section 301(2) for Operation and Maintenance, Navy to 
     establish, develop, and maintain non-conventional assisted 
     recovery capabilities in a foreign country if the Commander 
     determines that expenditure of such funds for that purpose is 
     necessary in connection with support of non-conventional 
     assisted recovery efforts in that foreign country.
       (2) Limitation on amount.--The total amount of funds that 
     may be expended under the authority in subsection (a) in each 
     of fiscal years 2009 and 2010 may not exceed $20,000,000.
       (b) Scope of Efforts Supportable.--
       (1) In general.--In expending funds under the authority in 
     subsection (a), the Commander of a combatant command may 
     provide support to surrogate or irregular groups or 
     individuals in order to facilitate the recovery of military 
     or civilian personnel of the Department of Defense (including 
     the Coast Guard), and other individuals who, while conducting 
     activities in support of United States military operations, 
     become separated or isolated from friendly forces.
       (2) Support.--The support provided under paragraph (1) may 
     include, but is not limited to, the provision of equipment, 
     supplies, training, transportation, and other logistical 
     support or funding to support operations and activities for 
     the recovery of personnel and individuals as described in 
     that paragraph.
       (c) Procedures.--
       (1) Procedures required.--The Secretary of Defense shall 
     establish procedures for the exercise of the authority in 
     subsection (a).
       (2) Notice.--The Secretary shall notify the congressional 
     defense committees of the procedures established under 
     paragraph (1) before any exercise of the authority in 
     subsection (a).
       (d) Notice to Congress on Use of Authority.--Upon using the 
     authority in subsection (a) to make funds available for 
     support of non-conventional assisted recovery activities, the 
     Secretary of Defense shall notify the congressional defense 
     committees expeditiously, and in any event within 48 hours, 
     of the use of such authority with respect to support of such 
     activities. Such notice need be provided only once with 
     respect to support of particular activities. Any such notice 
     shall be in writing.
       (e) Intelligence Activities.--This section does not 
     constitute authority to conduct a covert action, as such term 
     is defined in section 503(e) of the National Security Act of 
     1947 (50 U.S.C. 413b(e)).
       (f) Annual Report.--Not later than 30 days after the close 
     of each fiscal year during which subsection (a) is in effect, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the support provided under 
     that subsection during such fiscal year. Each such report 
     shall describe the support provided, including a statement of 
     the recipient of the support and the amount obligated to 
     provide the support.
       (g) Expiration.--The authority in subsection (a) shall 
     expire on September 30, 2010.

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

     SEC. 1211. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR 
                   MILITARY-TO-MILITARY CONTACTS AND COMPARABLE 
                   ACTIVITIES.

       (a) In General.--Section 168(e) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(5) Funds available to carry out this section shall be 
     available, to the extent provided in appropriations Acts, for 
     programs or activities under this section that begin in a 
     fiscal year and end in the following fiscal year.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to programs and activities under section 168 of title 
     10, United States Code (as so amended), that begin on or 
     after that date.

     SEC. 1212. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT 
                   OF DEFENSE REGIONAL CENTERS FOR SECURITY 
                   STUDIES.

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

     SEC. 1213. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL 
                   COOPERATION PROGRAMS.

       (a) Expansion of Authority for Bilateral and Regional 
     Programs To Cover Multilateral Programs.--Section 1051 of 
     title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``a bilateral'' and 
     inserting ``a multilateral, bilateral,''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``to and'' and inserting ``to, from, and''; 
     and
       (ii) by striking ``bilateral'' and inserting 
     ``multilateral, bilateral,''; and
       (B) in paragraph (2), by striking ``bilateral'' and 
     inserting ``multilateral, bilateral,''.
       (b) Availability of Funds for Programs and Activities 
     Across Fiscal Years.--Such section is further amended by 
     adding at the end the following new subsection:
       ``(e) Funds available to carry out this section shall be 
     available, to the extent provided in appropriations Acts, for 
     programs and activities under this section that begin in a 
     fiscal year and end in the following fiscal year.''.
       (c) Conforming and Clerical Amendments.--
       (1) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 1051. Multilateral, bilateral, or regional cooperation 
       programs: payment of personnel expenses''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 53 of such title is amended by striking 
     the item relating to section 1051 and inserting the following 
     new item:

``1051. Multilateral, bilateral, or regional cooperation programs: 
              payment of personnel expenses.''.

[[Page S9143]]

     SEC. 1214. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN 
                   MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.

       (a) Participation Authorized.--
       (1) In general.--Subchapter II of chapter 138 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

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

       ``(a) Participation Authorized.--The Secretary of Defense 
     may, with the concurrence of the Secretary of State, 
     authorize the participation of members of the armed forces 
     and Department of Defense civilian personnel in any 
     multinational military center of excellence hosted by any 
     nation or combination of nations referred to in subsection 
     (b) for purposes of--
       ``(1) enhancing the ability of military forces and civilian 
     personnel of the nations participating in such center to 
     engage in joint exercises or coalition or international 
     military operations; or
       ``(2) improving interoperability between the armed forces 
     and the military forces of friendly foreign nations.
       ``(b) Covered Nations.--The nations referred to in this 
     subsection are the following:
       ``(1) The United States.
       ``(2) Any member nation of the North Atlantic Treaty 
     Organization (NATO).
       ``(3) Any major non-NATO ally.
       ``(4) Any other friendly foreign nation identified by the 
     Secretary of Defense, with the concurrence of the Secretary 
     of State, for purposes of this section.
       ``(c) Memorandum of Understanding.--(1) The participation 
     of members of the armed forces or Department of Defense 
     civilian personnel in a multinational military center of 
     excellence under subsection (a) shall be in accordance with 
     the terms of one or more memoranda of understanding entered 
     into by the Secretary of Defense, with the concurrence of the 
     Secretary of State, and the foreign nation or nations 
     concerned.
       ``(2) If Department of Defense facilities, equipment, or 
     funds are used to support a multinational military center of 
     excellence under subsection (a), the memoranda of 
     understanding under paragraph (1) with respect to that center 
     shall provide details of any cost-sharing arrangement or 
     other funding arrangement.
       ``(d) Availability of Appropriated Funds.--(1) Funds 
     appropriated to the Department of Defense for operation and 
     maintenance are available as follows:
       ``(A) To pay the United States share of the operating 
     expenses of any multinational military center of excellence 
     in which the United States participates under this section.
       ``(B) To pay the costs of the participation of members of 
     the armed forces and Department of Defense civilian personnel 
     in multinational military centers of excellence under this 
     section, including the costs of expenses of such 
     participants.
       ``(2) No funds may be used under this section to fund the 
     pay or salaries of members of the armed forces and Department 
     of Defense civilian personnel who participate in 
     multinational military centers of excellence under this 
     section.
       ``(e) Use of Department of Defense Facilities and 
     Equipment.--Facilities and equipment of the Department of 
     Defense may be used for purposes of the support of 
     multinational military centers of excellence under this 
     section that are hosted by the Department.
       ``(f) Annual Reports on Use of Authority.--(1) Not later 
     than October 31, 2009, and annually thereafter, the Secretary 
     of Defense shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report on the use of the authority in 
     this section during the preceding fiscal year.
       ``(2) Each report required by paragraph (1) shall include, 
     for the fiscal year covered by such report, the following:
       ``(A) A detailed description of the participation of the 
     Department of Defense, and of members of the armed forces and 
     civilian personnel of the Department, in multinational 
     military centers of excellence under the authority of this 
     section.
       ``(B) For each multinational military center of excellence 
     in which the Department of Defense, or members of the armed 
     forces or civilian personnel of the Department, so 
     participated--
       ``(i) a description of such multinational military center 
     of excellence;
       ``(ii) a description of the activities participated in by 
     the Department, or by members of the armed forces or civilian 
     personnel of the Department; and
       ``(iii) a statement of the costs of the Department for such 
     participation, including--
       ``(I) a statement of the United States share of the 
     expenses of such center and a statement of the percentage of 
     the United States share of the expenses of such center to the 
     total expenses of such center; and
       ``(II) a statement of the amount of such costs (including a 
     separate statement of the amount of costs paid for under the 
     authority of this section by category of costs).
       ``(g) Definitions.--In this section:
       ``(1) The term `multinational military center of 
     excellence' means an entity sponsored by one or more nations 
     that is accredited and approved by the Military Committee of 
     the North Atlantic Treaty Organization (NATO) as offering 
     recognized expertise and experience to personnel 
     participating in the activities of such entity for the 
     benefit of NATO by providing such personnel opportunities 
     to--
       ``(A) enhance education and training;
       ``(B) improve interoperability and capabilities;
       ``(C) assist in the development of doctrine; and
       ``(D) validate concepts through experimentation.
       ``(2) The term `major non-NATO ally' means a country (other 
     than a member nation of the North Atlantic Treaty 
     Organization) that is designated as a major non-NATO ally 
     pursuant to section 517 of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2321k).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 138 of such title is 
     amended by adding at the end the following new item:

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

       (b) Repeal of Superseded Authority.--Section 1205 of the 
     John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2416) is repealed.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

             Subtitle C--Other Authorities and Limitations

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

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

[[Page S9144]]

       (1) the Committees on Appropriations, Armed Services, and 
     Foreign Relations of the Senate; and
       (2) the Committees on Appropriations, Armed Services, and 
     Foreign Affairs of the House of Representatives.

                          Subtitle D--Reports

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

       Section 122(b)(2) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as 
     amended by section 1262(1)(B) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 405), is further amended--
       (1) by striking ``Not later than one year after enactment 
     of this Act, and not later than two years after enactment of 
     this Act'' and inserting ``Not later than the end of each 
     calendar quarter ending after the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 
     2009''; and
       (2) by adding at the end the following new sentence: ``Each 
     update under this paragraph after the date of the enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2009 shall be submitted in unclassified form, but may include 
     a classified annex.''.

     SEC. 1232. REPORT ON UTILIZATION OF CERTAIN GLOBAL 
                   PARTNERSHIP AUTHORITIES.

       (a) In General.--Not later than December 31, 2010, the 
     Secretary of Defense and the Secretary of State shall jointly 
     submit to the appropriate committees of Congress a report on 
     the implementation of the Building Global Partnership 
     authorities during the period beginning on the date of the 
     enactment of this Act and ending on September 30, 2010.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A detailed summary of the programs conducted under the 
     Building Global Partnership authorities during the period 
     covered by the report, including, for each country receiving 
     assistance under such a program, a description of the 
     assistance provided and its cost.
       (2) An assessment of the impact of the assistance provided 
     under the Building Global Partnership authorities with 
     respect to each country receiving assistance under such 
     authorities.
       (3) A description of--
       (A) the processes used by the Department of Defense and the 
     Department of State to jointly formulate, prioritize, and 
     select projects to be funded under the Building Global 
     Partnership authorities; and
       (B) the processes, if any, used by the Department of 
     Defense and the Department of State to evaluate the success 
     of each project so funded after its completion.
       (4) A statement of the projects initiated under the 
     Building Global Partnership authorities that were 
     subsequently transitioned to and sustained under the 
     authorities of the Foreign Assistance Act of 1961 or other 
     authorities.
       (5) An assessment of the utility of the Building Global 
     Partnership authorities, and of any gaps in such authorities, 
     including an assessment of the feasability and advisability 
     of continuing such authorities beyond their current dates of 
     expiration (whether in their current form or with such 
     modifications as the Secretary of Defense and the Secretary 
     of State jointly consider appropriate).
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives.
       (2) Building global partnership authorities.--The term 
     ``Building Global Partnership authorities'' means the 
     following:
       (A) Authority for building capacity of foreign military 
     forces.--The authorities provided in section 1206 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3456), as amended by section 
     1206 of the John Warner National Defense Authorization Act 
     for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418) and 
     section 1204 of this Act.
       (B) Authority for security and stabilization assistance.--
     The authorities provided in section 1207 of the National 
     Defense Authorization Act for Fiscal Year 2006 (119 Stat. 
     3458), as amended by section 1210 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 369) and section 1205 of this Act.
       (C) Civic assistance authorities under combatant commander 
     initiative fund.--The authority to engage in urgent and 
     unanticipated civic assistance under the Combatant Commander 
     Initiative Fund under section 166a(b)(6) of title 10, United 
     States Code, as a result of the amendments made by section 
     902 of the John Warner National Defense Authorization Act for 
     Fiscal Year 2007 (120 Stat. 2351).

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

     SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
                   PROGRAMS AND FUNDS.

       (a) Specification of Cooperative Threat Reduction 
     Programs.--For purposes of section 301 and other provisions 
     of this Act, Cooperative Threat Reduction programs are the 
     programs specified in section 1501(b) of the National Defense 
     Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
       (b) Fiscal Year 2009 Cooperative Threat Reduction Funds 
     Defined.--As used in this title, the term ``fiscal year 2009 
     Cooperative Threat Reduction funds'' means the funds 
     appropriated pursuant to the authorization of appropriations 
     in section 301 for Cooperative Threat Reduction programs.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     the authorization of appropriations in section 301 for 
     Cooperative Threat Reduction programs shall be available for 
     obligation for three fiscal years.

     SEC. 1302. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the $434,135,000 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2009 in section 301(19) for Cooperative 
     Threat Reduction programs, the following amounts may be 
     obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia, 
     $79,985,000.
       (2) For nuclear weapons storage security in Russia, 
     $33,101,000.
       (3) For nuclear weapons transportation security in Russia, 
     $40,800,000.
       (4) For weapons of mass destruction proliferation 
     prevention in the states of the former Soviet Union, 
     $50,286,000.
       (5) For biological threat reduction in the states of the 
     former Soviet Union, $184,463,000.
       (6) For chemical weapons destruction in Russia, $1,000,000.
       (7) For threat reduction outside the former Soviet Union, 
     $10,000,000.
       (8) For defense and military contacts, $8,000,000.
       (9) For activities designated as Other Assessments/
     Administrative Support, $20,100,000.
       (10) For strategic offensive arms elimination in Ukraine, 
     $6,400,000.
       (b) Report on Obligation or Expenditure of Funds for Other 
     Purposes.--No fiscal year 2009 Cooperative Threat Reduction 
     funds may be obligated or expended for a purpose other than a 
     purpose listed in paragraphs (1) through (10) of subsection 
     (a) until 15 days after the date that the Secretary of 
     Defense submits to Congress a report on the purpose for which 
     the funds will be obligated or expended and the amount of 
     funds to be obligated or expended. Nothing in the preceding 
     sentence shall be construed as authorizing the obligation or 
     expenditure of fiscal year 2009 Cooperative Threat Reduction 
     funds for a purpose for which the obligation or expenditure 
     of such funds is specifically prohibited under this title or 
     any other provision of law.
       (c) Limited Authority To Vary Individual Amounts.--
       (1) In general.--Subject to paragraph (2), in any case in 
     which the Secretary of Defense determines that it is 
     necessary to do so in the national interest, the Secretary 
     may obligate amounts appropriated for fiscal year 2009 for a 
     purpose listed in paragraphs (1) through (10) of subsection 
     (a) in excess of the specific amount authorized for that 
     purpose.
       (2) Notice-and-wait required.--An obligation of funds for a 
     purpose stated in paragraphs (1) through (10) of subsection 
     (a) in excess of the specific amount authorized for such 
     purpose may be made using the authority provided in paragraph 
     (1) only after--
       (A) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (B) 15 days have elapsed following the date of the 
     notification.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

     SEC. 1401. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Working Capital Funds, $198,150,000.
       (2) For the Defense Working Capital Fund, Defense 
     Commissary, $1,291,084,000.

     SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the National Defense Sealift Fund in the amount 
     of $1,608,553,000.

     SEC. 1403. DEFENSE HEALTH PROGRAM.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for the Department of Defense 
     for fiscal year 2009 for expenses, not otherwise provided 
     for, for the Defense Health Program, in the amount of 
     $24,802,202,000, of which--
       (1) $24,301,359,000 is for Operation and Maintenance;
       (2) $196,938,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $303,905,000 is for Procurement.
       (b) Source of Certain Funds.--Of the amount available under 
     subsection (a), $1,300,000,000 shall, to the extent provided 
     in advance in an Act making appropriations for fiscal year 
     2009, be available by transfer from the National Defense 
     Stockpile Transaction Fund established under subsection (a) 
     of section 9 of the Strategic and Critical Materials Stock 
     Piling Act (50 U.S.C. 98h).

[[Page S9145]]

     SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
                   DEFENSE.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for the Department of Defense 
     for fiscal year 2009 for expenses, not otherwise provided 
     for, for Chemical Agents and Munitions Destruction, Defense, 
     in the amount of $1,485,634,000, of which--
       (1) $1,152,668,000 is for Operation and Maintenance;
       (2) $268,881,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $64,085,000 is for Procurement.
       (b) Use.--Amounts authorized to be appropriated under 
     subsection (a) are authorized for--
       (1) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (2) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.

     SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
                   DEFENSE-WIDE.

       Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2009 for expenses, not 
     otherwise provided for, for Drug Interdiction and Counter-
     Drug Activities, Defense-wide, in the amount of 
     $1,060,463,000.

     SEC. 1406. DEFENSE INSPECTOR GENERAL.

       Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2009 for expenses, not 
     otherwise provided for, for the Office of the Inspector 
     General of the Department of Defense, in the amount of 
     $273,845,000, of which--
       (1) $270,445,000 is for Operation and Maintenance; and
       (2) $3,400,000 is for Procurement.

     SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS 
                   FROM LOWER INFLATION.

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

                Subtitle B--Armed Forces Retirement Home

     SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
                   RETIREMENT HOME.

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

                       Subtitle C--Other Matters

     SEC. 1431. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION 
                   CITIZENS' ADVISORY COMMISSIONS IN COLORADO AND 
                   KENTUCKY.

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

     SEC. 1432. MODIFICATION OF DEFINITION OF ``DEPARTMENT OF 
                   DEFENSE SEALIFT VESSEL'' FOR PURPOSES OF THE 
                   NATIONAL DEFENSE SEALIFT FUND.

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

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

     SEC. 1501. PURPOSE.

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

     SEC. 1502. ARMY PROCUREMENT.

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

     SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

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

     SEC. 1504. AIR FORCE PROCUREMENT.

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

     SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized for fiscal year 2009 for the Joint Improvised 
     Explosive Device Defeat Fund in the amount of $750,000,000.
       (b) Use and Transfer of Funds.--Subsections (b) and (c) of 
     section 1514 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2439), as amended by subsection (c) of this 
     section, shall apply to the funds appropriated pursuant to 
     the authorization of appropriations in subsection (a).
       (c) Modification of Funds Transfer Authority.--Subsection 
     (c)(1) of section 1514 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 is amended--
       (1) by striking subparagraph (A); and
       (2) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (A) through (D), respectively.
       (d) Prior Notice of Transfer of Funds.--Funds authorized to 
     be appropriated to the Joint Improvised Explosive Device 
     Defeat Fund by subsection (a) may not be obligated from the 
     Fund or transferred in accordance with the provisions of 
     subsection (c) of section 1514 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007, as amended by 
     subsection (c) of this section, until five days after the 
     date on which the Secretary of Defense notifies the 
     congressional defense committees of the proposed obligation 
     or transfer.
       (e) Modification of Submittal Date of Reports.--Subsection 
     (e) of such section 1514 is amended by striking ``30 days'' 
     and inserting ``60 days''.

     SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

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

[[Page S9146]]

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

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $15,000,000.
       (2) For the Navy, $15,000,000.
       (3) For the Air Force, $15,000,000.
       (4) For Defense-wide activities, $15,000,000.

     SEC. 1508. OPERATION AND MAINTENANCE.

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

     SEC. 1509. MILITARY PERSONNEL.

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

     SEC. 1510. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     the amount of $250,000,000, for the Defense Working Capital 
     Funds.

     SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

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

     SEC. 1512. AFGHANISTAN SECURITY FORCES FUND.

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

     SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

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

     SEC. 1514. SPECIAL TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer amounts of 
     authorizations made available to the Department of Defense in 
     this title and title XVI for fiscal year 2009 between any 
     such authorizations for that fiscal year (or any subdivisions 
     thereof). Amounts of authorizations so transferred shall be 
     merged with and be available for the same purposes as the 
     authorization to which transferred.
       (2) Limitation.--The total amount of authorizations that 
     the Secretary may transfer under the authority of this 
     section may not exceed $3,000,000,000, of which not more than 
     $300,000,000 may be transferred to the Iraq Security Forces 
     Fund.
       (b) Terms and Conditions.--Transfers under this section 
     shall be subject to the same terms and conditions as 
     transfers under section 1001.
       (c) Additional Authority.--The transfer authority provided 
     by this section is in addition to the transfer authority 
     provided under section 1001.

     SEC. 1515. LIMITATION ON USE OF FUNDS.

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

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

       (a) In General.--In any annual or supplemental budget 
     request for the Department of Defense that is submitted to 
     Congress after the date of the enactment of this Act, the 
     Secretary of Defense shall set forth separately any funding 
     requested in such budget request for operations of the 
     Department of Defense in Afghanistan.
       (b) Specificity of Display.--Each budget request under 
     subsection (a) shall--
       (1) clearly display the amounts requested in the budget 
     request for the Department of Defense for Afghanistan at the 
     appropriation account level and at the program, project, or 
     activity level; and
       (2) also include a detailed description of the assumptions 
     underlying the funding requested in the budget request for 
     the Department of Defense for Afghanistan for the period 
     covered by the budget request, including anticipated troop 
     levels, operating tempos, and reset requirements.

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

     SEC. 1601. PURPOSE.

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

     SEC. 1602. ARMY PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for procurement

[[Page S9147]]

     accounts for the Army in amounts as follows:
       (1) For aircraft procurement, $750,000,000.
       (2) For missile procurement, $37,500,000.
       (3) For weapons and tracked combat vehicles procurement, 
     $1,125,000,000.
       (4) For ammunition procurement, $262,500,000.
       (5) For other procurement, $3,300,000,000.

     SEC. 1603. NAVY AND MARINE CORPS PROCUREMENT.

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

     SEC. 1604. AIR FORCE PROCUREMENT.

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

     SEC. 1605. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

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

     SEC. 1606. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

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

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

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $35,000,000.
       (2) For the Navy, $35,000,000.
       (3) For the Air Force, $35,000,000.
       (4) For Defense-wide activities, $35,000,000.

     SEC. 1608. OPERATION AND MAINTENANCE.

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

     SEC. 1609. MILITARY PERSONNEL.

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

     SEC. 1610. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     the amount of $750,000,000, for the Defense Working Capital 
     Funds.

     SEC. 1611. DEFENSE HEALTH PROGRAM.

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

     SEC. 1612. IRAQ FREEDOM FUND.

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

     SEC. 1613. IRAQ SECURITY FORCES FUND.

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

[[Page S9148]]

       (g) Quarterly Reports.--Not later than 30 days after the 
     end of each fiscal-year quarter, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     summarizing the details of any obligation or transfer of 
     funds from the Iraq Security Forces Fund during such fiscal-
     year quarter.
       (h) Expiration of Authority.--The authority in this section 
     shall expire on September 30, 2010.

     SEC. 1614. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

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

     SEC. 1615. LIMITATION ON USE OF FUNDS.

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

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

       (a) Finding.--The Senate finds that the financial 
     contributions of the Government of Iraq to the reconstruction 
     and stability of Iraq have been increasing.
       (b) Large-Scale Infrastructure Projects.--
       (1) Limitation on availability of united states funds for 
     projects.--Amounts authorized to be appropriated by this Act 
     (other than amounts described in paragraph (3)) may not be 
     obligated or expended for any large-scale infrastructure 
     project in Iraq that is commenced after the date of the 
     enactment of this Act.
       (2) Funding of reconstruction projects by the government of 
     iraq.--The United States Government shall work with the 
     Government of Iraq to provide that the Government of Iraq 
     shall obligate and expend funds of the Government of Iraq for 
     reconstruction projects in Iraq that are not large-scale 
     infrastructure projects before obligating and expending 
     United States assistance (other than amounts described in 
     paragraph (3)) for such projects.
       (3) Exception for cerp.--The limitations in paragraphs (1) 
     and (2) do not apply to amounts authorized to be appropriated 
     by this Act for the Commanders' Emergency Response Program 
     (CERP).
       (4) Large-scale infrastructure project defined.--In this 
     subsection, the term ``large-scale infrastructure project'' 
     means any construction project for infrastructure in Iraq 
     that is estimated by the United States Government at the time 
     of the commencement of the project to cost at least 
     $2,000,000.
       (c) Combined Operations.--
       (1) In general.--The United States Government shall 
     initiate negotiations with the Government of Iraq on an 
     agreement under which the Government of Iraq shall share with 
     the United States Government the costs of combined operations 
     of the Government of Iraq and the Multinational Forces Iraq 
     undertaken as part of Operation Iraqi Freedom.
       (2) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall, in 
     conjunction with the Secretary of Defense, submit to Congress 
     a report describing the status of negotiations under 
     paragraph (1).
       (d) Iraqi Security Forces.--
       (1) In general.--The United States Government shall take 
     actions to ensure that Iraq funds are used to pay the 
     following:
       (A) The costs of the salaries, training, equipping, and 
     sustainment of Iraqi Security Forces.
       (B) The costs associated with the Sons of Iraq.
       (2) Reports.--Not later than 90 days after the date of the 
     enactment of this Act, and every 180 days thereafter, the 
     President shall submit to Congress a report setting forth an 
     assessment of the progress made in meeting the requirements 
     of paragraph (1).

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