[Congressional Record (Bound Edition), Volume 154 (2008), Part 15]
[House]
[Pages 20804-20936]
[From the U.S. Government Publishing Office, www.gpo.gov]




 DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

  Mr. SKELTON. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3001) to authorize appropriations for fiscal year 2009 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes, as amended.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 3001

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

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

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

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

       (a) Divisions.--This Act is organized into three divisions 
     as follows:
       (1) Division A--Department of Defense Authorizations.
       (2) Division B--Military Construction Authorizations.
       (3) Division C--Department of Energy National Security 
     Authorizations and Other Authorizations.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; findings; sense of Congress.

[[Page 20805]]

Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Explanatory statement.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

                       Subtitle B--Army Programs

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

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Missile Defense Programs

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

                          Subtitle D--Reports

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

                       Subtitle E--Other Matters

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

                      Subtitle D--Energy Security

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

                          Subtitle E--Reports

Sec. 341. Comptroller General report on readiness of Armed Forces.
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force 
              personnel.
Sec. 343. Comptroller General report on the use of the Army Reserve and 
              National Guard as an operational reserve.
Sec. 344. Comptroller General report on link between preparation and 
              use of Army reserve component forces to support ongoing 
              operations.

[[Page 20806]]

Sec. 345. Comptroller General report on adequacy of funding, staffing, 
              and organization of Department of Defense Military 
              Munitions Response Program.

                       Subtitle F--Other Matters

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

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

                Subtitle B--Reserve Component Management

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

         Subtitle C--Joint Qualified Officers and Requirements

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

                Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

               Subtitle F--Defense Dependents' Education

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

                      Subtitle G--Military Justice

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

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

                     Subtitle I--Military Families

Sec. 581. Presentation of burial flag to the surviving spouse and 
              children of deceased members of the Armed Forces.

[[Page 20807]]

Sec. 582. Education and training opportunities for military spouses.
Sec. 583. Sense of Congress regarding honor guard details for funerals 
              of veterans.

                       Subtitle J--Other Matters

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

             Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                       Subtitle F--Other Matters

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

         TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS

              Subtitle A--Improvements to Health Benefits

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

                      Subtitle B--Preventive Care

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

                  Subtitle C--Wounded Warrior Matters

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

                       Subtitle D--Other Matters

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

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

             Subtitle A--Acquisition Policy and Management

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

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Sec. 811. Inclusion of major subprograms to major defense acquisition 
              programs under acquisition reporting requirements.

[[Page 20808]]

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

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

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

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

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

          Subtitle E--Department of Defense Contractor Matters

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

          Subtitle G--Governmentwide Acquisition Improvements

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

                       Subtitle H--Other Matters

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

             Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                       Subtitle E--Other Matters

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

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

                  Subtitle C--Counter-Drug Activities

Sec. 1021. Extension of reporting requirement regarding Department of 
              Defense expenditures to support foreign counter-drug 
              activities.

[[Page 20809]]

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

         Subtitle D--Miscellaneous Authorities and Limitations

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

                    Subtitle E--Studies and Reports

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

                       Subtitle F--Other Matters

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

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

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                       Subtitle C--Other Matters

Sec. 1231. Payment of personnel expenses for multilateral cooperation 
              programs.

[[Page 20810]]

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

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

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

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

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

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

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                            TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

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

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

        Subtitle B--Amendments to Base Closure and Related Laws

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

                       Subtitle C--Other Matters

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

[[Page 20811]]

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

        Subtitle B--Real Property and Facilities Administration

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

           Subtitle C--Provisions Related to Guam Realignment

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

                      Subtitle D--Energy Security

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

                      Subtitle E--Land Conveyances

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

                       Subtitle F--Other Matters

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

      TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                 Subtitle A--Fiscal Year 2008 Projects

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

                 Subtitle B--Fiscal Year 2009 Projects

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

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                          Subtitle C--Reports

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

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

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

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

     SEC. 4. EXPLANATORY STATEMENT.

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

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

[[Page 20812]]

Sec. 105. National Guard and Reserve equipment.

                       Subtitle B--Army Programs

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

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

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

     SEC. 102. NAVY AND MARINE CORPS.

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

     SEC. 103. AIR FORCE.

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

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

     SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

                       Subtitle B--Army Programs

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

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

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

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

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

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

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

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

     SEC. 115. STRYKER MOBILE GUN SYSTEM.

       (a) Limitation On Availability Of Funds.--None of the 
     amounts authorized to be appropriated by this Act for 
     procurement of weapons and tracked combat vehicles for the 
     Army may be obligated or expended for purposes of the 
     procurement of the Stryker Mobile Gun System until the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics submits to the congressional defense committees a 
     written certification that the Under Secretary has approved a 
     plan for the Army to mitigate all Stryker Mobile Gun System 
     deficiencies.
       (b) Reports Required.--Not later than 60 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter until December 31, 2011, the Secretary of the 
     Army, in consultation with the Director of Operational Test 
     and Evaluation, shall submit to the congressional defense 
     committees a report on the status of actions by the Army to 
     mitigate all Stryker Mobile Gun System deficiencies. Each 
     report shall include the following:
       (1) An explanation of the plan by the Army to mitigate all 
     Stryker Mobile Gun System deficiencies.

[[Page 20813]]

       (2) The cost estimate for implementing each mitigating 
     action, and the status of funding for each mitigating action.
       (3) An inventory of the Stryker Mobile Gun System vehicle 
     fleet that specifies which mitigating actions have been 
     implemented.
       (4) An updated production and fielding schedule for Stryker 
     Mobile Gun System vehicles required by the Army but not yet 
     fielded as of the date of the report.
       (c) Waiver Authority.--The Secretary of Defense may waive 
     the limitation in subsection (a) if the Secretary--
       (1) determines that continued procurement of Stryker Mobile 
     Gun System vehicles will provide a vital combat capability to 
     the Armed Forces; and
       (2) submits to the congressional defense committees written 
     notification of the waiver and a discussion of the reasons 
     for the determination made under paragraph (1).
       (d) Stryker Mobile Gun System Deficiencies Defined.--In 
     this section, the term ``Stryker Mobile Gun System 
     deficiencies'' means deficiencies of the Stryker Mobile Gun 
     System specified in the memorandum by the Department of 
     Defense titled ``Stryker Mobile Gun System (MGS) Acquisition 
     Decision Memorandum'' and dated August 5, 2008.

                       Subtitle C--Navy Programs

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

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

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

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

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

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

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

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

                     Subtitle D--Air Force Programs

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

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

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

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

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

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

     SEC. 134. F-22A FIGHTER AIRCRAFT.

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

               Subtitle E--Joint and Multiservice Matters

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

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

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

       ``(a) Annual Aircraft Procurement Plan and Certification.--
     The Secretary of Defense shall include with the defense 
     budget materials for each fiscal year--
       ``(1) a plan for the procurement of the aircraft specified 
     in subsection (b) for the Department of the Navy and the 
     Department of

[[Page 20814]]

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

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

     SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.

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

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

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

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

       (a) Policy and Acquisition Strategy Required.--The 
     Secretary of Defense, in consultation with the Chairman of 
     the Joint Chiefs of Staff, shall establish a policy and an 
     acquisition strategy for intelligence, surveillance, and 
     reconnaissance payloads and ground stations for manned and 
     unmanned aerial vehicle systems. The policy and acquisition 
     strategy shall be applicable throughout the Department of 
     Defense and shall achieve integrated research, development, 
     test, and evaluation, and procurement commonality.
       (b) Objectives.--The policy and acquisition strategy 
     required by subsection (a) shall have the following 
     objectives:
       (1) Procurement of common payloads by vehicle class, 
     including--
       (A) signals intelligence;
       (B) electro optical;
       (C) synthetic aperture radar;
       (D) ground moving target indicator;
       (E) conventional explosive detection;
       (F) foliage penetrating radar;
       (G) laser designator;
       (H) chemical, biological, radiological, nuclear, explosive 
     detection; and
       (I) national airspace operations avionics or sensors, or 
     both.

[[Page 20815]]

       (2) Commonality of ground system architecture by vehicle 
     class.
       (3) Common management of vehicle and payloads procurement.
       (4) Ground station interoperability standardization.
       (5) Maximum use of commercial standard hardware and 
     interfaces.
       (6) Open architecture software.
       (7) Acquisition of technical data rights in accordance with 
     section 2320 of title 10, United States Code.
       (8) Acquisition of vehicles, payloads, and ground stations 
     through competitive procurement.
       (9) Common standards for exchange of data and metadata.
       (c) Affected Systems.--For the purposes of this section, 
     the Secretary shall establish manned and unmanned aerial 
     vehicle classes for all intelligence, surveillance, and 
     reconnaissance programs of record based on factors such as 
     vehicle weight, payload capacity, and mission.
       (d) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees, the Permanent Select 
     Committee on Intelligence of the House of Representatives, 
     and the Select Committee on Intelligence of the Senate a 
     report containing--
       (1) the policy required by subsection (a); and
       (2) the acquisition strategy required by subsection (a).

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

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

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Missile Defense Programs

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

                          Subtitle D--Reports

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

                       Subtitle E--Other Matters

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

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $11,045,052,000.
       (2) For the Navy, $19,345,603,000.
       (3) For the Air Force, $26,289,508,000.
       (4) For Defense-wide activities, $21,131,501,000, of which 
     $188,772,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

       (a) Report Required.--Not later than September 30, 2009, 
     the Assistant Secretary of Defense for Networks and 
     Information Integration shall submit to the congressional 
     defense committees a report on the Future Combat Systems 
     communications network and software. The report shall include 
     the following:
       (1) An assessment of the vulnerability of the Future Combat 
     Systems communications network and software to enemy network 
     attack, in particular the effect of the use of significant 
     amounts of commercial software in Future Combat Systems 
     software.

[[Page 20816]]

       (2) An assessment of the vulnerability of the Future Combat 
     Systems communications network to electronic warfare, 
     jamming, and other potential enemy interference.
       (3) An assessment of the vulnerability of the Future Combat 
     Systems communications network to adverse weather and complex 
     terrain.
       (4) An assessment of the Future Combat Systems 
     communication network's dependence on satellite 
     communications support, and an assessment of the network's 
     performance in the absence of assumed levels of satellite 
     communications support.
       (5) An assessment of the performance of the Future Combat 
     Systems communications network when operating in a degraded 
     condition due to the factors analyzed in paragraphs (1), (2), 
     (3), and (4), and how such a degraded network environment 
     would affect the performance of Future Combat Systems 
     brigades and the survivability of Future Combat Systems 
     manned ground vehicles.
       (6) An assessment, developed in coordination with the 
     Director of Operational Test and Evaluation, of the adequacy 
     of the Future Combat Systems communications network testing 
     schedule.
       (7) An assessment, developed in coordination with the 
     Director of Operational Test and Evaluation, of the 
     synchronization of the funding, schedule, and technology 
     maturity of the Warfighter Information Network-Tactical and 
     Joint Tactical Radio System programs in relation to the 
     Future Combat Systems program, including any planned Future 
     Combat Systems spin outs.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

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

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

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

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

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

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

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

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

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

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

     SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND 
                   MANUFACTURING.

       (a) Roadmap Required.--The Secretary of Defense, acting 
     through the Director of Defense Research and Engineering, the 
     Deputy Under Secretary of Defense for Industrial Policy, and 
     service acquisition executives, shall, in coordination with 
     the Secretary of Energy, develop a multi-year roadmap to 
     develop advanced energy storage technologies and sustain 
     domestic advanced energy storage technology manufacturing 
     capabilities and an assured supply chain necessary to ensure 
     that the Department of Defense has assured access to advanced 
     energy storage technologies to support current military 
     requirements and emerging military needs.
       (b) Elements.--The roadmap required by subsection (a) shall 
     include, but not be limited to, the following:
       (1) An identification of current and future capability 
     gaps, performance enhancements, cost savings goals, and 
     assured technology access goals that require advances in 
     energy storage technology and manufacturing capabilities.
       (2) Specific research, technology, and manufacturing goals 
     and milestones, and timelines and estimates of funding 
     necessary for achieving such goals and milestones.
       (3) A summary of applications for energy storage 
     technologies by the Department of Defense and, for each type 
     of application, an assessment of the demand for such 
     technologies, in terms of quantity and military need.
       (4) Specific mechanisms for coordinating the activities of 
     Federal agencies, State and local governments, coalition 
     partners, private industry, and academia covered by the 
     roadmap.
       (5) Such other matters as the Secretary of Defense and the 
     Secretary of Energy consider appropriate for purposes of the 
     roadmap.
       (c) Coordination.--
       (1) In general.--The roadmap required by subsection (a) 
     shall be developed in coordination with the military 
     departments, appropriate Defense Agencies and other elements

[[Page 20817]]

     and organizations of the Department of Defense, other 
     appropriate Federal, State, and local government 
     organizations, and appropriate representatives of private 
     industry and academia.
       (2) Department of defense support.--The Secretary of 
     Defense shall ensure that appropriate elements and 
     organizations of the Department of Defense provide such 
     information and other support as is required for the 
     development of the roadmap.
       (d) Submittal to Congress.--The Secretary of Defense shall 
     submit to the congressional defense committees the roadmap 
     required by subsection (a) not later than one year after the 
     date of the enactment of this Act.
       (e) Advanced Energy Storage Technology Initiative 
     Investment Summary.--Not later than 6 months after the date 
     of enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the expenditures for energy storage technologies within the 
     Department of Defense, Defense Agencies, and military 
     departments, for fiscal years 2008 and 2009 and the projected 
     expenditures for such technologies for fiscal year 2010.

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

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

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

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

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

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

                  Subtitle C--Missile Defense Programs

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

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

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

       (a) Study.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall enter 
     into an agreement with the National Academy of Sciences to 
     conduct an independent study of concepts and systems for 
     boost-phase missile defense.
       (b) Elements.--
       (1) Content.--The study required by subsection (a) shall 
     address the following:
       (A) The extent to which boost-phase missile defense is 
     technically feasible and practical.
       (B) Whether any demonstration efforts by the Department of 
     Defense of boost-phase missile defense technology existing as 
     of the date of the study (including the Airborne Laser and 
     the Kinetic Energy Interceptor) have a high probability of 
     performing a boost-phase missile defense mission in an 
     operationally effective, suitable, and survivable manner.
       (2) Systems to be examined.--The study required by 
     subsection (a) shall examine each of the following systems:
       (A) The Airborne Laser.
       (B) The Kinetic Energy Interceptor (land-based and sea-
     based options).
       (C) Other existing boost-phase technology demonstration 
     programs.
       (3) Factors to be evaluated.--The study shall evaluate each 
     system identified in paragraph (2) based on the following 
     factors:
       (A) Technical capability of the system against scenarios 
     identified in paragraph (4).
       (B) Operational issues, including operational 
     effectiveness.
       (C) The results of key milestone tests conducted prior to 
     preparation of the report under subsection (c).
       (D) Survivability.
       (E) Suitability.
       (F) Concept of operations, including basing considerations.
       (G) Operations and maintenance support.
       (H) Command and control considerations, including timelines 
     for detection, decision-making, and engagement.
       (I) Shortfall from intercepts.
       (J) Force structure requirements.
       (K) Effectiveness against countermeasures.
       (L) Estimated cost of sustaining the system in the field.
       (M) Reliability, availability, and maintainability.
       (N) Geographic considerations, including limitations on the 
     ability to deploy systems within operational range of 
     potential targets.
       (O) Cost and cost-effectiveness, including total lifecycle 
     cost estimates.
       (4) Scenarios to be assessed.--The study shall include an 
     assessment of each system identified in paragraph (2) 
     regarding the performance and operational capabilities of the 
     system--
       (A) to counter short-range, medium-range, and intermediate-
     range ballistic missile threats from rogue states to the 
     deployed forces of the United States and its allies; and
       (B) to defend the territory of the United States against 
     limited ballistic missile attack.
       (5) Comparison with non-boost systems.--The study shall 
     include an assessment of the performance and operational 
     capabilities of non-boost missile defense systems to counter 
     the scenarios identified in paragraph (4). The results under 
     this paragraph shall be compared to the results under 
     paragraph (4). For purposes of this paragraph, non-boost 
     missile defense systems include--

[[Page 20818]]

       (A) the Patriot PAC-3 system and the Medium Extended Air 
     Defense System follow-on system;
       (B) the Aegis Ballistic Missile Defense system, with all 
     variants of the Standard Missile-3 interceptor;
       (C) the Terminal High Altitude Area Defense system; and
       (D) the Ground-based Midcourse Defense system.
       (c) Report.--
       (1) In general.--Upon the completion of the study required 
     by subsection (a), but not later than October 31, 2010, the 
     National Academy of Sciences shall submit to the Secretary of 
     Defense and the congressional defense committees a report on 
     the study. The report shall include such recommendations 
     regarding the future direction of the boost-phase ballistic 
     missile defense programs of the United States as the Academy 
     considers appropriate.
       (2) Form.--The report under paragraph (1) shall be 
     submitted to the congressional defense committees in 
     unclassified form, but may include a classified annex.
       (d) Funding.--Of the funds appropriated pursuant to the 
     authorization of appropriations in section 201(4) for 
     research, development, test, and evaluation, Defense-wide, 
     and available for the Missile Defense Agency, $3,500,000 may 
     be available to conduct the study required by subsection (a).
       (e) Cooperation From Government.--In carrying out the 
     study, the National Academy of Sciences shall receive the 
     full and timely cooperation of the Secretary of Defense and 
     any other Federal Government official in providing the 
     Academy with analyses, briefings, and other information 
     necessary for the fulfillment of its responsibilities.

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

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

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

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

     SEC. 235. AIRBORNE LASER SYSTEM.

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

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

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

[[Page 20819]]

     United States and such country regarding the deployment of 
     the radar.
       (2) Form.--The report under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

                          Subtitle D--Reports

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

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

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

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

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

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

       (a) In General.--The Secretary of Defense shall carry out 
     an independent assessment of the participation of covered 
     educational institutions in research and educational programs 
     and activities of the Department of Defense.
       (b) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     assessment required under subsection (a).
       (c) Matters Included.--The report required under subsection 
     (b) shall include the following:
       (1) A description of research, training, technical 
     assistance, infrastructure support, and educational programs 
     and activities conducted by the Department of Defense in 
     support of covered educational institutions.
       (2) A survey of the level of participation of covered 
     educational institutions in programs described in paragraph 
     (1), and lessons learned from the survey.
       (3) An assessment of the relevance, including outcomes and 
     effects, of the programs and activities identified in 
     paragraph (1) to the research and educational programs, 
     activities, and missions of the Department of Defense.
       (4) An assessment of additional activities by the 
     Department of Defense that support covered educational 
     institutions whose primary focus is the training and 
     educating of minority scientists, engineers, and technicians.
       (5) An assessment of barriers to the participation of 
     covered educational institutions in the research and 
     educational programs and activities of the Department of 
     Defense.
       (6) Recommendations to increase the capacity of covered 
     educational institutions to participate in research and 
     educational programs and activities that are critical to the

[[Page 20820]]

     national security functions of the Department of Defense.
       (7) Any other matters the Secretary of Defense considers 
     appropriate.
       (d) Cooperation of Defense Organizations.--The Secretary of 
     Defense shall ensure that the relevant elements of the 
     Department of Defense provide all information necessary for 
     the completion of the assessment required under subsection 
     (a).
       (e) Definitions.--In this section:
       (1) The term ``covered educational institutions'' means--
       (A) a historically Black college or university that is a 
     part B institution, as defined in section 322(2) of the 
     Higher Education Act of 1965 (20 U.S.C. 1061(2));
       (B) a minority institution, as defined in section 365(3) of 
     that Act (20 U.S.C. 1067k(3));
       (C) a Hispanic-serving institution, as defined in section 
     502(a)(5) of that Act (20 U.S.C. 1101a(a)(5));
       (D) a Tribal College or University, as defined in section 
     316(b)(3) of that Act (20 U.S.C. 1059c(b)(3)); and
       (E) other minority postsecondary institutions.
       (2) The term ``research and educational programs and 
     activities'' includes programs and activities relating to 
     research, development, test, and evaluation and education.

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

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

                       Subtitle E--Other Matters

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

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

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

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

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

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

     SEC. 254. TRUSTED DEFENSE SYSTEMS.

       (a) Vulnerability Assessment Required.--The Secretary of 
     Defense shall conduct an assessment of selected covered 
     acquisition programs to identify vulnerabilities in the 
     supply chain of each program's electronics and information 
     processing systems that potentially compromise the level of 
     trust in the systems. Such assessment shall--
       (1) identify vulnerabilities at multiple levels of the 
     electronics and information processing systems of the 
     selected programs, including microcircuits, software, and 
     firmware;
       (2) prioritize the potential vulnerabilities and effects of 
     the various elements and stages of the system supply chain to 
     identify the most effective balance of investments to 
     minimize the effects of compromise;
       (3) provide recommendations regarding ways of managing 
     supply chain risk for covered acquisition programs; and
       (4) identify the appropriate lead person, and supporting 
     elements, within the Department of Defense for the 
     development of an integrated strategy for managing risk in 
     the supply chain for covered acquisition programs.
       (b) Assessment of Methods for Verifying the Trust of 
     Semiconductors Procured From Commercial Sources.--The Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics, in consultation with appropriate elements of the 
     Department of Defense, the intelligence community, private 
     industry, and academia, shall conduct an assessment of 
     various methods of verifying the

[[Page 20821]]

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

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

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

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

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

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

       (a) Availability of Funds for Prompt Global Strike 
     Capability Development.--Notwithstanding any other provision 
     of this Act, funds for conventional prompt global strike 
     capability development are authorized by this Act only for 
     those activities expressly delineated in the expenditure plan 
     for fiscal years 2008 and 2009 that was required by section 
     243 of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note) 
     and submitted to the congressional defense committees and 
     dated March 24, 2008, those activities for which funds are 
     authorized to be appropriated in this Act, or those 
     activities otherwise expressly authorized by Congress.

[[Page 20822]]

       (b) Report on Technology Applications.--Not later than 
     April 1, 2009, the Secretary of Defense shall submit to the 
     congressional defense committees a report that contains--
       (1) a description of the technology applications developed 
     pursuant to conventional prompt global strike activities 
     during fiscal year 2009; and
       (2) for each such technology application, the conventional 
     prompt global strike concept towards which the application 
     could be applied.
       (c) Review of Conventional Prompt Global Strike Concepts.--
     The Secretary of Defense shall, in consultation with the 
     Secretary of State, conduct a review of each nonnuclear 
     prompt global strike concept with respect to which the 
     President requests funding in the budget of the President for 
     fiscal year 2010 (as submitted to Congress pursuant to 
     section 1105 of title 31, United States Code).
       (d) Elements of Review.--The review required by subsection 
     (c) shall include, for each concept described in that 
     subsection, the following:
       (1) The full cost of demonstrating such concept.
       (2) An assessment of any policy, legal, or treaty-related 
     issues that could arise during the course of, or as a result 
     of, deployment of each concept and recommendations to address 
     such issues.
       (3) The extent to which the concept could be misconstrued 
     as a nuclear weapon or delivery system and recommendations to 
     mitigate the risk of such a misconstrual.
       (4) An assessment of the potential basing and deployment 
     options for the concept.
       (5) A description of the types of targets against which the 
     concept might be used.
       (6) An assessment of the adequacy of the intelligence that 
     would be needed to support an attack involving the concept.
       (e) Report on Conventional Prompt Global Strike Concepts.--
     Not later than September 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     setting forth the results of the review required by 
     subsection (c).

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

                      Subtitle D--Energy Security

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

                          Subtitle E--Reports

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

                       Subtitle F--Other Matters

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

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

                  Subtitle B--Environmental Provisions

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

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

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

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

[[Page 20823]]

     subsection (a) to a conservation banking program or `in-lieu-
     fee' mitigation sponsor for the purpose of facilitating 
     military construction may be treated as eligible costs of the 
     military construction project.
       ``(d) Secretary Concerned Defined.--In this section, the 
     term `Secretary concerned' means--
       ``(1) the Secretary of a military department; and
       ``(2) the Secretary of Defense with respect to a Defense 
     Agency.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2694b the following new item:

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

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

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

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

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

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

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

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

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

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

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

                 Subtitle C--Workplace and Depot Issues

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

       (a) Development and Implementation.--The Director of the 
     Office of Management and Budget, in consultation with 
     appropriate representatives of the Chief Acquisition Officers 
     Council under section 16A of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 414b) and the Chief Human 
     Capital Officers Council under section 1401 of title 5, 
     United States Code, shall--
       (1) review the definitions of the term ``inherently 
     governmental function'' described in subsection (b) to 
     determine whether such definitions are sufficiently focused 
     to ensure that only officers or employees of the Federal 
     Government or members of the Armed Forces perform inherently 
     governmental functions or other critical functions necessary 
     for the mission of a Federal department or agency;
       (2) develop a single consistent definition for such term 
     that would--
       (A) address any deficiencies in the existing definitions, 
     as determined pursuant to paragraph (1);
       (B) reasonably apply to all Federal departments and 
     agencies; and
       (C) ensure that the head of each such department or agency 
     is able to identify each position within that department or 
     agency that exercises an inherently governmental function and 
     should only be performed by officers or employees of the 
     Federal Government or members of the Armed Forces;
       (3) develop criteria to be used by the head of each such 
     department or agency to--
       (A) identify critical functions with respect to the unique 
     missions and structure of that department or agency; and
       (B) identify each position within that department or agency 
     that, while the position may not exercise an inherently 
     governmental function, nevertheless should only be performed 
     by officers or employees of the Federal Government or members 
     of the Armed Forces to ensure the department or agency 
     maintains control of its mission and operations;
       (4) in addition to the actions described under paragraphs 
     (1), (2), and (3), provide criteria that would identify 
     positions within Federal departments and agencies that are to 
     be performed by officers or employees of the Federal 
     Government or members of the Armed Forces to ensure that the 
     head of each Federal department or agency--
       (A) develops and maintains sufficient organic expertise and 
     technical capability;
       (B) develops guidance to implement the definition of 
     inherently governmental as described in paragraph (2) and the 
     criteria for critical functions as described in paragraph (3) 
     in a manner that is consistent with agency missions and 
     operational goals; and
       (C) develops guidance to manage internal decisions 
     regarding staffing in an integrated manner to ensure officers 
     or employees of the Federal Government or members of the 
     Armed Forces are filling critical management roles by 
     identifying--
       (i) functions, activities, or positions, or some 
     combination thereof, or
       (ii) additional mechanisms and factors, including the 
     management or oversight of awarded contracts, statutory 
     mandates, and international obligations; and
       (5) solicit the views of the public regarding the matters 
     identified in this section.

[[Page 20824]]

       (b) Definitions of Inherently Governmental Function.--The 
     definitions of inherently governmental function described in 
     this subsection are the definitions of such term that are 
     contained in--
       (1) the Federal Activities Inventory Reform Act of 1998 
     (Public Law 105-270; 31 U.S.C. 501 note);
       (2) section 2383 of title 10, United States Code;
       (3) Office of Management and Budget Circular A-76;
       (4) the Federal Acquisition Regulation; and
       (5) any other relevant Federal law or regulation, as 
     determined by the Director of the Office of Management and 
     Budget in consultation with the Chief Acquisition Officers 
     Council and the Chief Human Capital Officers Council.
       (c) Report to Congress.--Not later than one year after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget, in consultation with the Chief 
     Acquisition Officers Council and the Chief Human Capital 
     Officers Council, shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives, the 
     Committee on Homeland Security and Governmental Affairs in 
     the Senate, and the Committee on Oversight and Government 
     Reform of the House of Representatives a report on the 
     actions taken by the Director under this section. Such report 
     shall contain each of the following:
       (1) A description of the actions taken by the Director 
     under this section to develop a single definition of 
     inherently governmental function and criteria for critical 
     functions.
       (2) Such legislative recommendations as the Director 
     determines are necessary to further the purposes of this 
     section.
       (3) A description of such steps as may be necessary--
       (A) to ensure that the single definition and criteria 
     developed under this section are consistently applied through 
     all Federal regulations, circulars, policy letters, agency 
     guidance, and other documents;
       (B) to repeal any existing Federal regulations, circular, 
     policy letters, agency guidance and other documents 
     determined to be superseded by the definition and criteria 
     developed under this section; and
       (C) to develop any necessary implementing guidance under 
     this section for agency staffing and contracting decisions, 
     along with appropriate milestones.
       (d) Regulations.--Not later than 180 days after submission 
     of the report required by subsection (c), the Director of the 
     Office of Management and Budget shall issue regulations to 
     implement actions taken under this section to develop a 
     single definition of inherently governmental function and 
     criteria for critical functions.

     SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.

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

[[Page 20825]]

       (2) The term ``reset'' means actions taken to repair, 
     enhance, or replace military equipment used in support of 
     operations underway as of the date of the enactment of this 
     Act and associated sustainment.
       (3) The term ``military equipment'' includes all weapon 
     systems, weapon platforms, vehicles and munitions of the 
     Department of Defense, and the components of such items.

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

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

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

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

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

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

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

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

     SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

       (a) Additional Army Depots.--Subsection (e)(1) of section 
     2476 of title 10, United States Code, is amended by adding at 
     the end the following new subparagraphs:
       ``(F) Watervliet Arsenal, New York.
       ``(G) Rock Island Arsenal, Illinois.
       ``(H) Pine Bluff Arsenal, Arkansas.''.
       (b) Separate Consideration and Reporting of Navy Depots and 
     Marine Corps Depots.--Such section is further amended--
       (1) in subsection (d)(2), by adding at the end the 
     following new subparagraph:

[[Page 20826]]

       ``(D) Separate consideration and reporting of Navy Depots 
     and Marine Corps depots.''; and
       (2) in subsection (e)(2)--
       (A) by redesignating subparagraphs (A) through (G) as 
     clauses (i) through (vii), respectively, and indenting the 
     margins of such clauses, as so redesignated, 6 ems from the 
     left margin;
       (B) by inserting after ``Department of the Navy:'' the 
     following:
       ``(A) The following Navy depots:'';
       (C) by inserting after clause (vii), as redesignated by 
     subparagraph (A), the following:
       ``(B) The following Marine Corps depots:''; and
       (D) by redesignating subparagraphs (H) and (I) as clauses 
     (i) and (ii), respectively, and indenting the margins of such 
     clauses, as so redesignated, 6 ems from the left margin.

                      Subtitle D--Energy Security

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

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

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

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

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

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

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

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

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

     SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.

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

[[Page 20827]]

     of Defense a report on the results of the study required by 
     subsection (a).

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

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

                          Subtitle E--Reports

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

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

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

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

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

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

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

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

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

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

                       Subtitle F--Other Matters

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

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

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

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

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

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

[[Page 20828]]



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

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

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

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

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

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

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

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

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

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

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

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

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

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

[[Page 20829]]



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

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

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

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

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

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

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

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

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

              Subtitle C--Authorization of Appropriations

     SEC. 421. MILITARY PERSONNEL.

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

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

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

                Subtitle B--Reserve Component Management

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

         Subtitle C--Joint Qualified Officers and Requirements

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

                Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

[[Page 20830]]

Sec. 549. Correction of erroneous Army College Fund benefit amounts.
Sec. 550. Enhancing education partnerships to improve accessibility and 
              flexibility for members of the Armed Forces.

               Subtitle F--Defense Dependents' Education

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

                      Subtitle G--Military Justice

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

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

                     Subtitle I--Military Families

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

                       Subtitle J--Other Matters

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

             Subtitle A--Officer Personnel Policy Generally

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

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

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

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

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

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

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

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

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

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

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

       (a) Implementation of Special General Officer and Flag 
     Officer Authority.--
       (1) Report on proposed implementation.--The Secretary of 
     Defense shall submit to the Committees on Armed Forces of the 
     Senate and House of Representatives a report, reflecting 
     input from the Armed Forces, containing the following:
       (A) A statement of the total number of validated and 
     required joint duty assignments for general officers and flag 
     officers

[[Page 20831]]

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

[[Page 20832]]

     assigned to a temporary joint duty assignment as described in 
     this subsection may not be excluded under this subsection 
     from the limitations in subsection (e) for a period longer 
     than one year.
       (h) Exclusion of Certain Reserve Officers.--
       (1) Distribution limits.--The limitations of subsection (b) 
     do not apply to a reserve component general or flag officer 
     who is on active duty and serving in billets other than joint 
     duty assignments under a call or order specifying a period of 
     not longer than two years.
       (2) Authorized strength limits.--The limitations in 
     subsection (e) do not apply to a reserve component general or 
     flag officer who is on active duty and serving in a position 
     that is a joint duty assignment for the purposes of chapter 
     38 of title 10, United States Code, for a period not to 
     exceed three years.
       (i) Pending or After Joint Duty Assignments.--Upon 
     determination by the Secretary of Defense that such action is 
     in the national interest, the Secretary may allow the 
     Secretary of a military department to exceed the distribution 
     of general and flag officers established under subsection (b) 
     and the limitation in subsection (e) for up to one year for 
     officers pending assignment to or return from joint duty 
     assignments designated under section 526(b) of title 10, 
     United States Code, or this section.

                Subtitle B--Reserve Component Management

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

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

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

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


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



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

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


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

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


[[Page 20833]]



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

     SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A 
                   VACANCY PROMOTION NATIONAL GUARD OFFICERS 
                   ORDERED TO ACTIVE DUTY IN SUPPORT OF A 
                   CONTINGENCY OPERATION.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       Not later than March 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the feasibility and advisability, utility, and cost 
     effectiveness of the following:
       (1) The collection by the Department of Defense of 
     information on the civilian skills,

[[Page 20834]]

     qualifications, and professional certifications of members of 
     the reserve components of the Armed Forces that are relevant 
     to military manpower requirements.
       (2) The establishment by each military department, and by 
     the Department of Defense generally, of a system that would 
     match billets and personnel requirements with members of the 
     reserve components of the Armed Forces who have skills, 
     qualifications, and certifications relevant to such billets 
     and requirements.
       (3) The establishment by the Department of Defense of one 
     or more systems accessible by private employers who employ 
     individuals with skills, qualifications, and certifications 
     possessed by members of the reserve components of the Armed 
     Forces to assist such employers in hiring and employing such 
     members.
       (4) Actions to ensure that employment information collected 
     for and maintained in the Civilian Employment Information 
     database of the Department of Defense is current and 
     accurate.
       (5) Actions to incorporate any matter determined feasible 
     and advisable under paragraphs (1) through (4) into the 
     Defense Integrated Military Human Resources System.

         Subtitle C--Joint Qualified Officers and Requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

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

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

       (2) by striking paragraph (3) and inserting the following 
     new paragraph (3):
       ``(3) Service in a joint duty assignment in a case in which 
     the officer's tour of duty in that assignment brings the 
     officer's accrued service for purposes of subsection (f)(3) 
     to the applicable standard prescribed in subsection (a).''.
       (b) Computing Average Length of Joint Duty Assignments.--
     Subsection (e) of such section is amended by striking 
     paragraph (2) and inserting the following new paragraph (2):
       ``(2) In computing the average length of joint duty 
     assignments for purposes of paragraph (1), the Secretary may 
     exclude the following service:
       ``(A) Service described in subsection (c).
       ``(B) Service described in subsection (d).
       ``(C) Service described in subsection (f)(6).''.

[[Page 20835]]

       (c) Completion of Tour of Duty.--Subsection (f) of such 
     section is amended--
       (1) in paragraph (3), by striking ``Cumulative service'' 
     and inserting ``Accrued joint experience'';
       (2) in paragraph (4), by striking ``(except'' and all that 
     follows through ``any time)''; and
       (3) by striking paragraph (6) and inserting the following 
     new paragraph (6):
       ``(6) A second and subsequent joint duty assignment that is 
     less than the period required under subsection (a), but not 
     less than two years.''.
       (d) Accrued Joint Experience as Full Tour of Duty.--
     Subsection (g) of such section is amended to read as follows:
       ``(g) Accrued Joint Experience.--For the purposes of 
     subsection (f)(3), the Secretary of Defense may prescribe, by 
     regulation, certain joint experience, such as temporary duty 
     in joint assignments, joint individual training, and 
     participation in joint exercises, that may be aggregated to 
     equal a full tour of duty. The Secretary shall prescribe the 
     regulations with the advice of the Chairman of the Joint 
     Chiefs of Staff.''.
       (e) Constructive Credit.--Subsection (h) of such section is 
     amended--
       (1) in paragraph (1), by striking ``subsection (f)(1), 
     (f)(2), (f)(4), or (g)(2)'' and inserting ``paragraphs (1), 
     (2), and (4) of subsection (f)''; and
       (2) by striking paragraph (3).
       (f) Repeal of Joint Duty Credit for Certain Joint Task 
     Force Assignments.--Such section is further amended by 
     striking subsection (i).

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

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

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

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

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

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

                Subtitle D--General Service Authorities

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

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

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

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

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

       (a) Pilot Programs Authorized.--
       (1) In general.--Each Secretary of a military department 
     may carry out pilot programs under which officers and 
     enlisted members of the regular components of the Armed 
     Forces under the jurisdiction of such Secretary may be 
     inactivated from active duty in order to meet personal or 
     professional needs and returned to active duty at the end of 
     such period of inactivation from active duty.
       (2) Purpose.--The purpose of the pilot programs under this 
     section shall be to evaluate whether permitting inactivation 
     from active duty and greater flexibility in career paths for 
     members of the Armed Forces will provide an effective means 
     to enhance retention of members of the Armed Forces and the 
     capacity of the Department of Defense to respond to the 
     personal and professional needs of individual members of the 
     Armed Forces.
       (b) Limitation on Eligible Members.--A member of the Armed 
     Forces is not eligible to participate in a pilot program 
     under this section during any period of service required of 
     the member--
       (1) under an agreement upon entry of the member on active 
     duty; or
       (2) due to receipt by the member of a retention bonus as a 
     member qualified in a critical military skill or assigned to 
     a high priority unit under section 355 of title 37, United 
     States Code.
       (c) Limitation on Number of Participants.--Not more than 20 
     officers and 20 enlisted members of each Armed Force may be 
     selected during each of calendar years 2009 through 2012 to 
     participate in the pilot programs under this section.
       (d) Period of Inactivation From Active Duty; Effect of 
     Inactivation.--
       (1) Limitation.--The period of inactivation from active 
     duty under a pilot program under this section of a member 
     participating in the pilot program shall be such period as 
     the Secretary of the military department concerned shall 
     specify in the agreement of the member under subsection (e), 
     except that such period may not exceed three years.
       (2) Exclusion from computation of reserve officer's total 
     years of service.--Any service by a Reserve officer while 
     participating in a pilot program under this section shall be 
     excluded from computation of the officer's total years of 
     service pursuant to section 14706(a) of title 10, United 
     States Code.
       (3) Retirement and related purposes.--Any period of 
     participation of a member in a pilot program under this 
     section shall not count toward--
       (A) eligibility for retirement or transfer to the Ready 
     Reserve under either chapter 571 or 1223 of title 10, United 
     States Code; or
       (B) computation of retired or retainer pay under chapter 71 
     or 1223 of title 10, United States Code.
       (e) Agreement.--Each member of the Armed Forces who 
     participates in a pilot program under this section shall 
     enter into a written agreement with the Secretary of the 
     military department concerned under which agreement that 
     member shall agree as follows:
       (1) To accept an appointment or enlist, as applicable, and 
     serve in the Ready Reserve of the Armed Force concerned 
     during the period of the member's inactivation from active 
     duty under the pilot program.

[[Page 20836]]

       (2) To undergo during the period of the inactivation of the 
     member from active duty under the pilot program such inactive 
     duty training as the Secretary concerned shall require in 
     order to ensure that the member retains proficiency, at a 
     level determined by the Secretary concerned to be sufficient, 
     in the member's military skills, professional qualifications, 
     and physical readiness during the inactivation of the member 
     from active duty.
       (3) Following completion of the period of the inactivation 
     of the member from active duty under the pilot program, to 
     serve two months as a member of the Armed Forces on active 
     duty for each month of the period of the inactivation of the 
     member from active duty under the pilot program.
       (f) Conditions of Release.--The Secretary of Defense shall 
     issue regulations specifying the guidelines regarding the 
     conditions of release that must be considered and addressed 
     in the agreement required by subsection (e). At a minimum, 
     the Secretary shall prescribe the procedures and standards to 
     be used to instruct a member on the obligations to be assumed 
     by the member under paragraph (2) of such subsection while 
     the member is released from active duty.
       (g) Order to Active Duty.--Under regulations prescribed by 
     the Secretary of the military department concerned, a member 
     of the Armed Forces participating in a pilot program under 
     this section may, in the discretion of such Secretary, be 
     required to terminate participation in the pilot program and 
     be ordered to active duty.
       (h) Pay and Allowances.--
       (1) Basic pay.--During each month of participation in a 
     pilot program under this section, a member who participates 
     in the pilot program shall be paid basic pay in an amount 
     equal to two-thirtieths of the amount of monthly basic pay to 
     which the member would otherwise be entitled under section 
     204 of title 37, United States Code, as a member of the 
     uniformed services on active duty in the grade and years of 
     service of the member when the member commences participation 
     in the pilot program.
       (2) Prohibition on receipt of special and incentive pays.--
       (A) Prohibition on receipt during participation.--A member 
     who participates in a pilot program shall not, while 
     participating in the pilot program, be paid any special or 
     incentive pay or bonus to which the member is otherwise 
     entitled under an agreement under chapter 5 of title 37, 
     United States Code, that is in force when the member 
     commences participation in the pilot program.
       (B) Treatment of required service.--The inactivation from 
     active duty of a member participating in a pilot program 
     shall not be treated as a failure of the member to perform 
     any period of service required of the member in connection 
     with an agreement for a special or incentive pay or bonus 
     under chapter 5 of title 37, United States Code, that is in 
     force when the member commences participation in the pilot 
     program.
       (3) Revival of special pays upon return to active duty.--
       (A) Revival required.--Subject to subparagraph (B), upon 
     the return of a member to active duty after completion by the 
     member of participation in a pilot program--
       (i) any agreement entered into by the member under chapter 
     5 of title 37, United States Code, for the payment of a 
     special or incentive pay or bonus that was in force when the 
     member commenced participation in the pilot program shall be 
     revived, with the term of such agreement after revival being 
     the period of the agreement remaining to run when the member 
     commenced participation in the pilot program; and
       (ii) any special or incentive pay or bonus shall be payable 
     to the member in accordance with the terms of the agreement 
     concerned for the term specified in clause (i).
       (B) Limitations.--
       (i) Limitation at time of return to active duty.--
     Subparagraph (A) shall not apply to any special or incentive 
     pay or bonus otherwise covered by that subparagraph with 
     respect to a member if, at the time of the return of the 
     member to active duty as described in that subparagraph--

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

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

[[Page 20837]]



                   Subtitle E--Education and Training

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

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

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

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

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

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

``4345a. Foreign and cultural exchange activities.''.
       (b) Naval Academy.--
       (1) In general.--Chapter 603 of title 10, United States 
     Code, is amended by inserting after section 6957a the 
     following new section:

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

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

``6957b. Foreign and cultural exchange activities.''.
       (c) Air Force Academy.--
       (1) In general.--Chapter 903 of title 10, United States 
     Code, is amended by inserting after section 9345 the 
     following new section:

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

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

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

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

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

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

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

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

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

[[Page 20838]]

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 108 of such title is amended by striking 
     the item relating to section 2161 and inserting the following 
     new item:

``2161. Degree granting authority for National Defense Intelligence 
              College.''.
       (b) National Defense University.--
       (1) In general.--Section 2163 of such title is amended to 
     read as follows:

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

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

``2163. Degree granting authority for National Defense University.''.
       (c) United States Army Command and General Staff College.--
       (1) In general.--Section 4314 of such title is amended to 
     read as follows:

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

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

``4314. Degree granting authority for United States Army Command and 
              General Staff College.''.
       (d) United States Army War College.--
       (1) In general.--Section 4321 of title 10, United States 
     Code, is amended to read as follows:

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

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

``4321. Degree granting authority for United States Army War 
              College.''.
       (e) United States Naval Postgraduate School.--
       (1) In general.--Section 7048 of such title is amended to 
     read as follows:

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

       ``(a) Authority.--Under regulations prescribed by the 
     Secretary of the Navy, the President of the Naval 
     Postgraduate School may, upon the recommendation of the 
     faculty of the Naval Postgraduate School, confer appropriate 
     degrees upon graduates who meet the degree requirements.
       ``(b) Limitation.--A degree may not be conferred under this 
     section unless--
       ``(1) the Secretary of Education has recommended approval 
     of the degree in accordance with the Federal Policy Governing 
     Granting of Academic Degrees by Federal Agencies; and
       ``(2) the Naval Postgraduate School is accredited by the 
     appropriate civilian academic accrediting agency or 
     organization to award the degree, as determined by the 
     Secretary of Education.
       ``(c) Congressional Notification Requirements.--(1) When 
     seeking to establish degree granting authority under this 
     section, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives--
       ``(A) a copy of the self assessment questionnaire required 
     by the Federal Policy Governing Granting of Academic Degrees 
     by Federal Agencies, at the time the assessment is submitted 
     to the Department of Education's National Advisory Committee 
     on Institutional Quality and Integrity; and

[[Page 20839]]

       ``(B) the subsequent recommendations and rationale of the 
     Secretary of Education regarding the establishment of the 
     degree granting authority.
       ``(2) Upon any modification or redesignation of existing 
     degree granting authority, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives a report containing the rationale 
     for the proposed modification or redesignation and any 
     subsequent recommendation of the Secretary of Education on 
     the proposed modification or redesignation.
       ``(3) The Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report containing an explanation of any 
     action by the appropriate academic accrediting agency or 
     organization not to accredit the Naval Postgraduate School to 
     award any new or existing degree.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 605 of such title is amended by striking 
     the item relating to section 7048 and inserting the following 
     new item:

``7048. Degree granting authority for United States Naval Postgraduate 
              School.''.
       (f) Naval War College.--
       (1) In general.--Section 7101 of such title is amended to 
     read as follows:

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

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

``7101. Degree granting authority for Naval War College.''.
       (g) Marine Corps University.--
       (1) In general.--Section 7102 of such title is amended to 
     read as follows:

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

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

``7102. Degree granting authority for Marine Corps University.''.
       (h) United States Air Force Institute of Technology.--
       (1) In general.--Section 9314 of such title is amended to 
     read as follows:

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

       ``(a) Authority.--Under regulations prescribed by the 
     Secretary of the Air Force, the commander of the Air 
     University may, upon the recommendation of the faculty of the 
     United States Air Force Institute of Technology, confer 
     appropriate degrees upon graduates of the United States Air 
     Force Institute of Technology who meet the degree 
     requirements.
       ``(b) Limitation.--A degree may not be conferred under this 
     section unless--
       ``(1) the Secretary of Education has recommended approval 
     of the degree in accordance with the Federal Policy Governing 
     Granting of Academic Degrees by Federal Agencies; and
       ``(2) the United States Air Force Institute of Technology 
     is accredited by the appropriate civilian academic 
     accrediting agency or organization to award the degree, as 
     determined by the Secretary of Education.
       ``(c) Congressional Notification Requirements.--(1) When 
     seeking to establish degree granting authority under this 
     section, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives--
       ``(A) a copy of the self assessment questionnaire required 
     by the Federal Policy Governing Granting of Academic Degrees 
     by Federal Agencies, at the time the assessment is submitted 
     to the Department of Education's National Advisory Committee 
     on Institutional Quality and Integrity; and
       ``(B) the subsequent recommendations and rationale of the 
     Secretary of Education regarding the establishment of the 
     degree granting authority.
       ``(2) Upon any modification or redesignation of existing 
     degree granting authority, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives a report containing the rationale 
     for the proposed modification or redesignation and any 
     subsequent recommendation of the Secretary of Education on 
     the proposed modification or redesignation.
       ``(3) The Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report containing an explanation of any 
     action by the appropriate academic accrediting agency or 
     organization not to accredit the United States Air Force 
     Institute of Technology to award any new or existing degree.
       ``(d) Civilian Faculty.--(1) The Secretary of the Air Force 
     may employ as many civilian faculty members at the United 
     States Air Force Institute of Technology as is consistent 
     with the needs of the Air Force and with Department of 
     Defense personnel limits.
       ``(2) The Secretary shall prescribe regulations 
     determining--
       ``(A) titles and duties of civilian members of the faculty; 
     and
       ``(B) pay of civilian members of the faculty, 
     notwithstanding chapter 53 of title 5, but subject to the 
     limitation set out in section 5373 of title 5.
       ``(e) Reimbursement and Tuition.--(1) The Department of the 
     Army, the Department of the Navy, and the Department of 
     Homeland Security shall bear the cost of the instruction at 
     the Air Force Institute of Technology that is received by 
     members of the armed forces detailed for that instruction by 
     the

[[Page 20840]]

     Secretaries of the Army, Navy, and Homeland Security, 
     respectively.
       ``(2) Members of the Army, Navy, Marine Corps, and Coast 
     Guard may only be detailed for instruction at the Institute 
     on a space-available basis.
       ``(3) In the case of an enlisted member of the Army, Navy, 
     Marine Corps, and Coast Guard permitted to receive 
     instruction at the Institute, the Secretary of the Air Force 
     shall charge that member only for such costs and fees as the 
     Secretary considers appropriate (taking into consideration 
     the admission of enlisted members on a space-available 
     basis).
       ``(f) Acceptance of Research Grants.--(1) The Secretary of 
     the Air Force may authorize the Commandant of the United 
     States Air Force Institute of Technology to accept qualifying 
     research grants. Any such grant may only be accepted if the 
     work under the grant is to be carried out by a professor or 
     instructor of the Institute for a scientific, literary, or 
     educational purpose.
       ``(2) A qualifying research grant under this subsection is 
     a grant that is awarded on a competitive basis by an entity 
     referred to in paragraph (3) for a research project with a 
     scientific, literary, or educational purpose.
       ``(3) A grant may be accepted under this subsection only 
     from a corporation, fund, foundation, educational 
     institution, or similar entity that is organized and operated 
     primarily for scientific, literary, or educational purposes.
       ``(4) The Secretary shall establish an account for 
     administering funds received as research grants under this 
     section. The Commandant of the Institute shall use the funds 
     in the account in accordance with applicable provisions of 
     the regulations and the terms and condition of the grants 
     received.
       ``(5) Subject to such limitations as may be provided in 
     appropriations Acts, appropriations available for the 
     Institute may be used to pay expenses incurred by the 
     Institute in applying for, and otherwise pursuing, the award 
     of qualifying research grants.
       ``(6) The Secretary shall prescribe regulations for the 
     administration of this subsection.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 901 of such title is amended by striking 
     the item relating to section 9314 and inserting the following 
     new item:

``9314. Degree granting authority for United States Air Force Institute 
              of Technology.''.
       (i) Air University.--
       (1) In general.--Section 9317 of such title is amended to 
     read as follows:

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

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

``9317. Degree granting authority for Air University.''.
       (j) Effective Date.--The amendments made by this section 
     shall apply to any degree granting authority established, 
     modified, or redesignated on or after the date of enactment 
     of this Act for an institution of professional military 
     education referred to in such amendments.

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

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

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

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

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

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

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

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

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

       (a) Plan for Increase.--The Secretary of Defense, in 
     consultation with the Secretaries of the military 
     departments, shall develop and implement a plan to establish 
     and support, not later than September 30, 2020, not less than 
     3,700 units of the Junior Reserve Officers' Training Corps.
       (b) Exceptions.--The requirement imposed in subsection (a) 
     shall not apply--
       (1) if the Secretary fails to receive an adequate number or 
     requests for Junior Reserve Officers' Training Corps units by 
     public and private secondary educational institutions; or
       (2) during a time of national emergency when the 
     Secretaries of the military departments determine that 
     funding must be allocated elsewhere.
       (c) Cooperation.--The Secretary of Defense, as part of the 
     plan to establish and support additional Junior Reserve 
     Officers' Training Corps units, shall work with local 
     educational agencies to increase the employment in Junior 
     Reserve Officers' Training Corps units of retired members of 
     the Armed Forces who are retired under chapter 61 of title 
     10, United States Code, especially members who were wounded 
     or injured while deployed in a contingency operation.
       (d) Report on Plan.--Upon completion of the plan, the 
     Secretary of Defense shall provide a report to the 
     congressional defense committees containing, at a minimum, 
     the following:
       (1) A description of how the Secretaries of the military 
     departments expect to achieve the number of units of the 
     Junior Reserve Officers' Training Corps specified in 
     subsection (a), including how many units will be established 
     per year by each service.
       (2) The annual funding necessary to support the increase in 
     units, including the personnel costs associated.

[[Page 20841]]

       (3) The number of qualified private and public schools, if 
     any, who have requested a Junior Reserve Officers' Training 
     Corps unit that are on a waiting list.
       (4) Efforts to improve the increased distribution of units 
     geographically across the United States.
       (5) Efforts to increase distribution of units in 
     educationally and economically deprived areas.
       (6) Efforts to enhance employment opportunities for 
     qualified former military members retired for disability, 
     especially those wounded while deployed in a contingency 
     operation.
       (e) Time for Submission.--The plan required under 
     subsection (a), along with the report required by subsection 
     (d), shall be submitted to the congressional defense 
     committees not later than March 31, 2009. The Secretary of 
     Defense shall submit an up-dated report annually thereafter 
     until the minimum number of units of the Junior Reserve 
     Officers' Training Corps specified in subsection (a) is 
     achieved.

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

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

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

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

               Subtitle F--Defense Dependents' Education

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

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

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

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

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

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

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

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

                      Subtitle G--Military Justice

     SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.

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

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

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

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

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

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

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

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

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

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

       (a) Database Required.--The Secretary of Defense shall 
     implement a centralized, case-level database for the 
     collection, in a manner consistent with Department of Defense 
     regulations for restricted reporting, and maintenance of 
     information regarding sexual

[[Page 20842]]

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

     SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.

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

     ``Sec. 1135. Replacement of military decorations

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

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

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

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

                     Subtitle I--Military Families

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

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

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

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

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

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

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

[[Page 20843]]



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

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

                       Subtitle J--Other Matters

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

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

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

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

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

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

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

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

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

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

     SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.

       (a) Establishment of Commission.--There is hereby 
     established a commission to be known as the ``Military 
     Leadership Diversity Commission'' (in this section referred 
     to as the ``commission'').
       (b) Composition.--
       (1) Membership.--The commission shall be composed of the 
     following members:
       (A) The Director of the Defense Manpower Management Center.
       (B) The Director of the Defense Equal Opportunity 
     Management Institute.
       (C) A commissioned officer from each of the Army, Navy, Air 
     Force, and Marine Corps who serves or has served in a 
     leadership position with either a military department command 
     or combatant command.
       (D) A retired general or flag officer from each of the 
     Army, Navy, Air Force, and Marine Corps.
       (E) A retired noncommissioned officer from each of the 
     Army, Navy, Air Force, and Marine Corps.
       (F) Five retired commissioned officers who served in 
     leadership positions with either a military department 
     command or combatant command, of whom no less than three 
     shall represent the views of minority veterans.
       (G) Four individuals with expertise in cultivating diverse 
     leaders in private or non-profit organizations.
       (H) An attorney with appropriate experience and expertise 
     in constitutional and legal matters related to the duties and 
     responsibilities of the commission.
       (2) Appointment.--The members of the commission referred to 
     in subparagraphs (C) through (H) of paragraph (1) shall be 
     appointed by the Secretary of Defense.
       (3) Chairman.--The Secretary of Defense shall designate one 
     member described in paragraphs (1)(F) or (1)(G) as chairman 
     of the commission.
       (4) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the commission. Any vacancy in the 
     commission shall be filled in the same manner as the original 
     appointment.
       (5) Deadline for appointment.--All members of the 
     commission shall be appointed not later than 60 days after 
     the date of the enactment of this Act.
       (6) Quorum.--Fifteen members of the commission shall 
     constitute a quorum but a lesser number may hold hearings.
       (c) Meetings.--
       (1) Initial meeting.--The commission shall conduct its 
     first meeting not later than 30 days after the date on which 
     a majority of the appointed members of the commission have 
     been appointed.
       (2) Meetings.--The commission shall meet at the call of the 
     chairman.
       (d) Duties.--
       (1) Study.--The commission shall conduct a comprehensive 
     evaluation and assessment of policies that provide 
     opportunities for the promotion and advancement of minority 
     members of the Armed Forces, including minority members who 
     are senior officers.
       (2) Scope of study.--In carrying out the study, the 
     commission shall examine the following:
       (A) The efforts to develop and maintain diverse leadership 
     at all levels of the Armed Forces.
       (B) The successes and failures of developing and 
     maintaining a diverse leadership, particularly at the general 
     and flag officer positions.
       (C) The effect of expanding Department of Defense secondary 
     educational programs to diverse civilian populations, to 
     include military service academy preparatory schools.
       (D) The ability of current recruitment and retention 
     practices to attract and maintain a diverse pool of qualified 
     individuals in sufficient numbers in officer pre-
     commissioning programs.
       (E) The ability of current activities to increase 
     continuation rates for ethnic-and gender-specific members of 
     the Armed Forces.
       (F) The benefits of conducting an annual conference 
     attended by civilian military, active-duty and retired 
     military, and corporate leaders on diversity, to include a 
     review of current policy and the annual demographic data from 
     the Defense Equal Opportunity Management Institute.
       (G) The status of prior recommendations made to the 
     Department of Defense and to Congress concerning diversity 
     initiatives within the Armed Forces.
       (H) The incorporation of private sector practices that have 
     been successful in cultivating diverse leadership.
       (I) The establishment and maintenance of fair promotion and 
     command opportunities for ethnic- and gender-specific members 
     of the Armed Forces at the O-5 grade level and above.

[[Page 20844]]

       (J) An assessment of pre-command billet assignments of 
     ethnic-specific members of the Armed Forces.
       (K) An assessment of command selection of ethnic-specific 
     members of the Armed Forces.
       (L) The development of a uniform definition, to be used 
     throughout the Department of Defense, of diversity that is 
     congruent with the core values and vision of the Department 
     for the future workforce.
       (M) The existing metrics and milestones for evaluating the 
     diversity plans of the Department (including the plans of the 
     military departments) and for facilitating future evaluation 
     and oversight.
       (N) The existence and maintenance of fair promotion, 
     assignment, and command opportunities for ethnic- and gender-
     specific members of the Armed Forces at the levels of warrant 
     officer, chief warrant officer, company and junior grade, 
     field and mid-grade, and general and flag officer.
       (O) The current institutional structure of the Office of 
     Diversity Management and Equal Opportunity of the Department, 
     and of similar officers of the military departments, and 
     their ability to ensure effective and accountable diversity 
     management across the Department.
       (P) The options available for improving the substance or 
     implementation of current plans and policies of the 
     Department and the military departments.
       (3) Consultation with private parties.--In carrying out the 
     study under this subsection, the commission may consult with 
     appropriate private, for profit, and non-profit organizations 
     and advocacy groups to learn methods for developing, 
     implementing, and sustaining senior diverse leadership within 
     the Department of Defense.
       (e) Reports.--
       (1) In general.--Not later than 12 months after the date on 
     which the commission first meets, the commission shall submit 
     to the President and Congress a report on the study. The 
     report shall include the following:
       (A) The findings and conclusions of the commission.
       (B) The recommendations of the commission for improving 
     diversity within the Armed Forces.
       (C) Such other information and recommendations as the 
     commission considers appropriate.
       (2) Interim reports.--The commission may submit to the 
     President and Congress interim reports as the Commission 
     considers appropriate.
       (f) Powers of the Commission.--
       (1) Hearings.--The commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the commission considers 
     appropriate.
       (2) Information from federal agencies.--Upon request by the 
     chairman of the commission, any department or agency of the 
     Federal Government may provide information that the 
     commission considers necessary to carry out its duties.
       (g) Inclusion of Coast Guard.--
       (1) Coast guard representation.--In addition to the members 
     of the commission required by subsection (b), the commission 
     shall include two additional members, appointed by the 
     Secretary of Homeland Security, in consultation with the 
     Commandant of the Coast Guard, as follows:
       (A) A retired flag officer of the Coast Guard.
       (B) A commissioned officer or noncommissioned officer of 
     the Coast Guard on active duty.
       (2) Armed forces defined.--In this section, the term 
     ``Armed Forces'' means the Army, Navy, Air Force, Marine 
     Corps, and Coast Guard.
       (h) Termination of Commission.--The commission shall 
     terminate 60 days after the date on which the commission 
     submits the report under subsection (e)(1).

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

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

[[Page 20845]]

     the meeting given those terms in section 801 of the Public 
     Health Service Act (42 U.S.C. 296).
       (g) Sunset.--The authority in this section shall expire on 
     June 30, 2014.

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

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

             Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                       Subtitle F--Other Matters

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

                     Subtitle A--Pay and Allowances

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

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

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

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

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

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

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

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

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

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

       (a) Selected Reserve Reenlistment Bonus.--Section 308b(g) 
     of title 37, United

[[Page 20846]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (a) Eligibility for Skill Proficiency Bonus.--
       (1) Eligibility.--Subsection (b) of section 353 of title 
     37, United States Code, is amended to read as follows:
       ``(b) Skill Proficiency Bonus.--
       ``(1) Availability; eligible persons.--The Secretary 
     concerned may pay a proficiency bonus to a member of a 
     regular or reserve component of the uniformed services who--
       ``(A) is entitled to basic pay under section 204 of this 
     title or compensation under section 206 of this title or is 
     enrolled in an officer training program; and
       ``(B) is determined to have, and maintains, certified 
     proficiency under subsection (d) in a skill designated as 
     critical by the Secretary concerned or is in training to 
     acquire proficiency in a critical foreign language or 
     expertise in foreign cultural studies or a related skill 
     designated as critical by the Secretary concerned.
       ``(2) Inclusion of certain senior rotc members.--A 
     proficiency bonus may be paid under this subsection to a 
     student who is enrolled in the Senior Reserve Officers' 
     Training Corps program even though the student is in the 
     first year of the four-year course under the program. During 
     the period covered by the proficiency bonus, the student

[[Page 20847]]

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

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

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

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

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

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

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

     ``Sec. 302c-C1. Special pay: accession and retention bonuses 
       for psychologists

       ``(a) Accession Bonus.--
       ``(1) Accession bonus authorized.--A person described in 
     paragraph (2) who executes a written agreement described in 
     subsection (d) to accept a commission as an officer of the 
     armed forces and remain on active duty for a period of not 
     less than four consecutive years may, upon acceptance of the 
     agreement by the Secretary concerned, be paid an accession 
     bonus in an amount, subject to subsection (c)(1), determined 
     by the Secretary concerned.
       ``(2) Eligible persons.--A person described in paragraph 
     (1) is any person who--
       ``(A) is a graduate of an accredited school of psychology; 
     and
       ``(B) holds a valid State license to practice as a doctoral 
     level psychologist.

[[Page 20848]]

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

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

            Subtitle C--Travel and Transportation Allowances

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

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

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

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

             Subtitle D--Retired Pay and Survivor Benefits

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

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

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

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

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

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

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

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

       (a) Establishment of Resale Activities Review Board.--
     Section 2495b of title 10, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Resale Activities Review Board.--(1) The Secretary of 
     Defense shall establish a nine-member board to make 
     recommendations to the Secretary regarding whether material 
     sold or rented, or proposed for sale or rental, on property 
     under the jurisdiction of the Department of Defense is barred 
     from sale or rental by subsection (a).
       ``(2)(A) The Secretary of Defense shall appoint six members 
     of the board to broadly represent the interests of the patron 
     base served by the defense commissary system and the exchange 
     system. The Secretary shall appoint one of the members to 
     serve as

[[Page 20849]]

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

                       Subtitle F--Other Matters

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

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

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

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

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

         TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS

              Subtitle A--Improvements to Health Benefits

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

                      Subtitle B--Preventive Care

Sec. 711. Waiver of copayments for preventive services for certain 
              TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.

[[Page 20850]]

Sec. 714. Preventive health allowance.
Sec. 715. Additional authority for studies and demonstration projects 
              relating to delivery of health and medical care.

                  Subtitle C--Wounded Warrior Matters

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

                       Subtitle D--Other Matters

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

              Subtitle A--Improvements to Health Benefits

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

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

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

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

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

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

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

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

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

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

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

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

                      Subtitle B--Preventive Care

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

       (a) Waiver of Certain Copayments.--Subject to subsection 
     (b) and under regulations prescribed by the Secretary of 
     Defense, the Secretary shall--
       (1) waive all copayments under sections 1079(b) and 1086(b) 
     of title 10, United States Code, for preventive services for 
     all beneficiaries who would otherwise pay copayments; and
       (2) ensure that a beneficiary pays nothing for preventive 
     services during a year even if the beneficiary has not paid 
     the amount necessary to cover the beneficiary's deductible 
     for the year.
       (b) Exclusion for Medicare-Eligible Beneficiaries.--
     Subsection (a) shall not apply to a medicare-eligible 
     beneficiary.
       (c) Refund of Copayments.--
       (1) Authority.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary may pay a refund to a 
     medicare-eligible beneficiary excluded by subsection (b), 
     subject to the availability of appropriations specifically 
     for such refunds, consisting of an amount up to the 
     difference between--

[[Page 20851]]

       (A) the amount the beneficiary pays for copayments for 
     preventive services during fiscal year 2009; and
       (B) the amount the beneficiary would have paid during such 
     fiscal year if the copayments for preventive services had 
     been waived pursuant to subsection (a) during that year.
       (2) Copayments covered.--The refunds under paragraph (1) 
     are available only for copayments paid by medicare-eligible 
     beneficiaries during fiscal year 2009.
       (d) Definitions.--In this section:
       (1) Preventive services.--The term ``preventive services'' 
     includes, taking into consideration the age and gender of the 
     beneficiary:
       (A) Colorectal screening.
       (B) Breast screening.
       (C) Cervical screening.
       (D) Prostate screening.
       (E) Annual physical exam.
       (F) Vaccinations.
       (G) Other services as determined by the Secretary of 
     Defense.
       (2) Medicare-eligible.--The term ``medicare-eligible'' has 
     the meaning provided by section 1111((b) of title 10, United 
     States Code.

     SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION 
                   PROJECT.

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

     SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.

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

     SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

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

     ``Sec. 438. Preventive health services allowance

       ``(a) Demonstration Project.--During the period beginning 
     on January 1, 2009, and ending on December 31, 2011, the 
     Secretary of Defense shall conduct a demonstration project 
     designed to evaluate the efficacy of providing an annual 
     allowance (to be known as a `preventive health services 
     allowance') to members of the armed forces described in

[[Page 20852]]

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

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

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

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

                  Subtitle C--Wounded Warrior Matters

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

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

[[Page 20853]]

     Department of Veterans Affairs for purposes of encouraging 
     and facilitating the conduct of research, and the development 
     of best practices and clinical education, on hearing loss or 
     auditory system injury incurred by members of the Armed 
     Forces.
       (e) Inclusion of Records of OIF/OEF Veterans.--The 
     Secretary of Defense shall take appropriate actions to 
     include in the Registry such records of members of the Armed 
     Forces who incurred a hearing loss or auditory system injury 
     while serving on active duty on or after September 11, 2001, 
     but before the establishment of the Registry, as the 
     Secretary considers appropriate for purposes of the Registry.

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

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

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

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

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

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

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

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

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

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

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

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

                       Subtitle D--Other Matters

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

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

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

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

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

       (a) Requirement to Establish.--The Secretary of Defense 
     shall establish within the Department of Defense a task force 
     to examine matters relating to prevention of suicide by 
     members of the Armed Forces.
       (b) Composition.--
       (1) Members.--The task force shall consist of not more than 
     14 members appointed by the Secretary of Defense from among 
     individuals described in paragraph (2) who have

[[Page 20854]]

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

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

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

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

       (a) Expansion of Availability of Medical and Dental 
     Services for Reserves.--
       (1) Expansion of availability for reserves assigned to 
     units scheduled for deployment within 75 days of 
     mobilization.--Subsection (d)(1) of section 1074a of title 
     10, United States Code, is amended by striking ``The 
     Secretary of the Army shall provide to members of the 
     Selected Reserve of the Army'' and inserting ``The Secretary 
     concerned shall provide to members of the Selected Reserve''.
       (2) Availability for certain other reserves.--Such section 
     is further amended by adding at the end the following new 
     subsection:
       ``(g)(1) The Secretary concerned may provide to any member 
     of the Selected Reserve not described in subsection (d)(1) or 
     (f), and to any member of the Individual Ready Reserve 
     described in section 10144(b) of this title the medical and 
     dental services specified in subsection (d)(1) if the 
     Secretary determines that the receipt of such services by 
     such member is necessary to ensure that the member meets 
     applicable standards of medical and dental readiness.
       ``(2) Services may not be provided to a member under this 
     subsection for a condition that is the result of the member's 
     own misconduct.
       ``(3) The services provided under this subsection shall be 
     provided at no cost to the member.''.
       (3) Funding.--Such section is further amended by adding at 
     the end the following new subsection:
       ``(h) Amounts available for operation and maintenance of a 
     reserve component of the armed forces may be available for 
     purposes of this section to ensure the medical and dental 
     readiness of members of such reserve component.''.
       (b) Waiver of Certain Copayments for Dental Care for 
     Reserves for Readiness Purposes.--Section 1076a(e) of such 
     title is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (2) by striking ``A member or dependent'' and inserting 
     ``(1) Except as provided pursuant to paragraph (2), a member 
     or dependent''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) During a national emergency declared by the 
     President or Congress and subject to regulations prescribed 
     by the Secretary of Defense, the Secretary may waive, in 
     whole or in part, the charges otherwise payable by a member 
     of the Selected Reserve of the Ready Reserve or a member of 
     the Individual Ready Reserve under paragraph (1)

[[Page 20855]]

     for the coverage of the member alone under the dental 
     insurance plan established under subsection (a)(1) if the 
     Secretary determines that such waiver of the charges would 
     facilitate or ensure the readiness of a unit or individual 
     for deployment.
       ``(B) The waiver under subparagraph (A) may apply only with 
     respect to charges for coverage of dental care required for 
     readiness.''.
       (c) Report on Policies and Procedures in Support of Medical 
     and Dental Readiness.--
       (1) In general.--Not later than March 1, 2009, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the policies and procedures of the Department of 
     Defense to ensure the medical and dental readiness of members 
     of the Armed Forces.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the current standards of each military 
     department with respect to the medical and dental readiness 
     of individual members of the Armed Forces (including members 
     of the regular components and members of the reserve 
     components), and with respect to the medical and dental 
     readiness of units of the Armed Forces (including units of 
     the regular components and units of the reserve components), 
     under the jurisdiction of such military department.
       (B) A description of the manner in which each military 
     department applies the standards described under subparagraph 
     (A) with respect to each of the following:
       (i) Performance evaluation.
       (ii) Promotion.
       (iii) In the case of the members of the reserve components, 
     eligibility to attend annual training.
       (iv) Continued retention in the Armed Forces.
       (v) Such other matters as the Secretary considers 
     appropriate.
       (C) A statement of the number of members of the Armed 
     Forces (including members of the regular components and 
     members of the reserve components) who were determined to be 
     not ready for deployment at any time during the period 
     beginning on October 1, 2001, and ending on September 30, 
     2008, due to failure to meet applicable medical or dental 
     standards, and an assessment of whether the unreadiness of 
     such members for deployment could reasonably have been 
     mitigated by actions of the members concerned to maintain 
     individual medical or dental readiness.
       (D) A description of any actual or perceived barriers to 
     the achievement of full medical and dental readiness in the 
     Armed Forces (including among the regular components and the 
     reserve components), including barriers associated with the 
     following:
       (i) Quality or cost of, or access to, medical and dental 
     care.
       (ii) Availability of programs and incentives intended to 
     prevent medical or dental problems.
       (E) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate to ensure the 
     medical and dental readiness of individual members of the 
     Armed Forces and units of the Armed Forces, including 
     recommendations regarding the following:
       (i) The advisability of requiring that fitness reports of 
     members of the Armed Forces include--

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

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

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

             Subtitle A--Acquisition Policy and Management

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

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

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

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

          Subtitle E--Department of Defense Contractor Matters

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

          Subtitle G--Governmentwide Acquisition Improvements

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

                       Subtitle H--Other Matters

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

[[Page 20856]]



             Subtitle A--Acquisition Policy and Management

     SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

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

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

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

     SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.

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

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

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

 Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

     ``Sec. 2430a. Major subprograms

       ``(a) Authority To Designate Major Subprograms as Subject 
     to Acquisition Reporting Requirements.--(1) If the Secretary 
     of Defense determines that a major defense acquisition 
     program requires the delivery of two or more categories of 
     end items which differ significantly from each other in form 
     and function, the Secretary may designate each such category 
     of end items as a major subprogram for the purposes of 
     acquisition reporting under this chapter.
       ``(2) The Secretary shall notify the congressional defense 
     committees in writing of any proposed designation pursuant to 
     paragraph (1) not less than 30 days before the date such 
     designation takes effect.
       ``(b) Reporting Requirements.--If the Secretary designates 
     a major subprogram of a major defense acquisition program in 
     accordance with subsection (a), Selected Acquisition Reports, 
     unit cost reports, and program baselines under this chapter 
     shall reflect cost, schedule, and performance information--
       ``(1) for the major defense acquisition program as a whole; 
     and
       ``(2) for each major subprogram of the major defense 
     acquisition program so designated.

[[Page 20857]]

       ``(c) Requirement to Cover Entire Major Defense Acquisition 
     Program.--If a subprogram of a major defense acquisition 
     program is designated as a major subprogram under subsection 
     (a), all other elements of the major defense acquisition 
     program shall be appropriately organized into one or more 
     subprograms under the major defense acquisition program, each 
     of which subprograms, as so organized, shall be treated as a 
     major subprogram under subsection (a).
       ``(d) Definitions.--Notwithstanding paragraphs (1) and (2) 
     of section 2432(a) of this title, in the case of a major 
     defense acquisition program for which the Secretary has 
     designated one or more major subprograms under this section 
     for the purposes of this chapter--
       ``(1) the term `program acquisition unit cost' applies at 
     the level of the subprogram and means the total cost for the 
     development and procurement of, and specific military 
     construction for, the major defense acquisition program that 
     is reasonably allocable to each such major subprogram, 
     divided by the relevant number of fully-configured end items 
     to be produced under such major subprogram;
       ``(2) the term `procurement unit cost' applies at the level 
     of the subprogram and means the total of all funds programmed 
     to be available for obligation for procurement for each such 
     major subprogram, divided by the number of fully-configured 
     end items to be procured under such major subprogram;
       ``(3) the term `major contract', with respect to a 
     designated major subprogram, means each of the six largest 
     prime, associate, or Government furnished equipment contracts 
     under the subprogram that is in excess of $40,000,000 and 
     that is not a firm-fixed price contract; and
       ``(4) the term `life cycle cost', with respect to a 
     designated major subprogram, means all costs of development, 
     procurement, military construction, and operations and 
     support, without regard to funding source or management 
     control.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 144 of such title is amended by 
     inserting after the item relating to section 2430 the 
     following new item:

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

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

       (ii) in subparagraph (B)--

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

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

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

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

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

       (v) in subparagraph (H)--

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

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

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

       (x) in subparagraph (Q), by inserting ``or any designated 
     major subprogram under the program'' after ``the program''; 
     and
       (B) in paragraph (2)--
       (i) by inserting ``or designated major subprogram'' after 
     ``major defense acquisition program'';
       (ii) by inserting ``or subprogram'' after ``the entire 
     program''; and
       (iii) by inserting ``or subprogram'' after ``a program''.
       (d) Conforming Amendments to Section 2435.--Section 2435 of 
     such title is amended--

[[Page 20858]]

       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``and for each 
     designated major subprogram under the program'' after ``major 
     defense acquisition program''; and
       (B) in paragraph (2), by inserting ``or designated major 
     subprogram'' after ``major defense acquisition program'';
       (2) in subsection (b)--
       (A) by inserting ``or any designated major subprogram under 
     the program'' after ``major defense acquisition program''; 
     and
       (B) by inserting ``or subprogram'' after ``the program'';
       (3) in subsection (c)--
       (A) by inserting ``or any designated major subprogram under 
     the program'' after ``major defense acquisition program''; 
     and
       (B) by inserting ``or subprogram'' after ``the program'' 
     each place it appears;
       (4) in subsection (d)--
       (A) by inserting ``or any designated major subprogram under 
     the program'' after ``major defense acquisition program'' 
     each place it appears;
       (B) in paragraph (1)--
       (i) by inserting ``or subprogram'' after ``the program'' 
     each place it appears; and
       (ii) by inserting ``or subprogram'' after ``at program''; 
     and
       (C) in paragraph (2), by inserting ``or subprogram'' after 
     ``for the program'' each place it appears; and
       (5) in subsection (e)--
       (A) by inserting ``(or in the case of a major defense 
     acquisition program with one or more designated major 
     subprograms, approved baseline descriptions for such 
     subprograms)'' after ``baseline description'';
       (B) by striking ``the baseline'' and inserting ``any such 
     baseline description''; and
       (C) by inserting ``or subprogram'' after ``of the 
     program''.

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

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

     ``Sec. 2445a. Definitions''.

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

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

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

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

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

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

``2366a. Major defense acquisition programs: certification required 
              before Milestone A or Key Decision Point A approval.
``2366b. Major defense acquisition programs: certification required 
              before Milestone B or Key Decision Point B approval.''.
       (d) Conforming Amendments.--
       (1) Section 181 of title 10, united states code.--Section 
     181(b)(4) of title 10, United States Code, is amended by 
     striking ``section 2366a(a)(4), section 2366b(b),'' and 
     inserting ``section 2366a(b), section 2366b(a)(4),''.
       (2) National defense authorization act for fiscal year 
     2008.--The National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181) is amended--
       (A) in section 212(1) by striking ``2366a'' and inserting 
     ``2366b''; and
       (B) in section 816--
       (i) in subsection (a)(2) by striking ``2366a'' and 
     inserting ``2366b'';
       (ii) in subsection (a)(3) by striking ``2366b of title 10, 
     United States Code, as added by section 943 of this Act'' and 
     inserting ``2366a of title 10, United States Code''; and
       (iii) in subsection (c)(2) by striking ``2366a'' each place 
     such term appears (including in the paragraph heading) and 
     inserting ``2366b''.
       (3) John warner national defense authorization act for 
     fiscal year 2007.--The John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364) 
     is amended in section 812 (120 Stat. 2317), in each of 
     subsections (c)(2)(A) and (d)(2), by striking ``2366a'' and 
     inserting ``2366b''.
       (e) Additional Technical Amendments.--
       (1) Section 2366a of title 10, United States Code, as 
     transferred and redesignated by this section, is amended--
       (A) in paragraphs (1), (2), and (4) of subsection (a), by 
     striking ``system'' each place it appears and inserting 
     ``program'';
       (B) in paragraph (3) of subsection (a)--
       (i) by striking ``if the system'' and inserting ``if the 
     program''; and
       (ii) by striking ``such system'' and inserting ``such 
     program'';
       (C) in subsection (b)--
       (i) by striking ``major system'' and inserting ``major 
     defense acquisition program''; and
       (ii) by striking ``the system'' each place it appears and 
     inserting ``the program''; and
       (D) in paragraph (1) of subsection (c)--
       (i) by striking ``major system'' and inserting ``major 
     defense acquisition program''; and
       (ii) by striking ``2302(5)'' and inserting ``2430''.

[[Page 20859]]

       (2) Section 943 of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288) is 
     amended--
       (A) in subsection (b), by striking ``major weapon system'' 
     and inserting ``major defense acquisition program''; and
       (B) in subsection (c)--
       (i) by striking ``major systems'' and inserting ``major 
     defense acquisition programs''; and
       (ii) by adding at the end the following: ``In the case of 
     the certification required by paragraph (2) of subsection (a) 
     of such section, during the period prior to the completion of 
     the first quadrennial roles and missions review required by 
     section 118b of title 10, United States Code, the 
     certification required by that paragraph shall be that the 
     system is being executed by an entity with a relevant core 
     competency as identified by the Secretary of Defense.''.

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

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

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

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

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

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

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

[[Page 20860]]

     operational function or to satisfy a requirement; and
       ``(2) includes a major system (as defined in section 
     2302(5) of this title).''.

     SEC. 822. TECHNICAL DATA RIGHTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       It is the sense of Congress that--
       (1) security operations for the protection of resources 
     (including people, information, equipment, and supplies) in 
     uncontrolled or unpredictable high-threat environments should 
     ordinarily be performed by members of the Armed Forces if 
     they will be performed in highly hazardous public areas where 
     the risks are uncertain and could reasonably be expected to 
     require deadly force that is more likely to be initiated by 
     personnel performing such security operations than to occur 
     in self-defense;
       (2) it should be in the sole discretion of the commander of 
     the relevant combatant command to determine whether or not 
     the performance by a private security contractor under a 
     contract awarded by any Federal agency of a particular 
     activity, a series of activities, or activities in a 
     particular location, within a designated area of combat 
     operations is appropriate and such a determination should not 
     be delegated to any person who is not in the military chain 
     of command;

[[Page 20861]]

       (3) the Secretaries of the military departments and the 
     Chiefs of Staff of the Armed Forces should ensure that the 
     United States Armed Forces have appropriate numbers of 
     trained personnel to perform the functions described in 
     paragraph (1) without the need to rely upon private security 
     contractors; and
       (4) the regulations issued by the Secretary of Defense 
     pursuant to section 862(a) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 254; 10 U.S.C. 2302 note) should ensure that 
     private security contractors are not authorized to perform 
     inherently governmental functions in an area of combat 
     operations.

     SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

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

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

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

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

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

``1722a. Special requirements for military personnel in the acquisition 
              field.''.
       (b) Additional Item in Strategic Plan.--Section 
     543(f)(3)(E) of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat 116) is 
     amended by inserting after ``officer assignments and grade 
     requirements'' the following: ``, including requirements 
     relating to the reservation of billets in the acquisition 
     field for general and flag officers,''.
       (c) Annual Report Required.--Not later than 270 days after 
     the date of the enactment of this Act, and not later than 
     March 1 of 2010, 2011, and 2012, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on--
       (1) the number acquisition and contracting billets in each 
     of the Armed Forces and joint activities that are reserved 
     for general officers and flag officers; and
       (2) the extent to which these billets have been filled by 
     general officers and flag officers with significant 
     acquisition experience and significant contracting 
     experience, as applicable.

          Subtitle E--Department of Defense Contractor Matters

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

       (a) Policy on Personal Conflicts of Interest by Employees 
     of Federal Government Contractors.--Not later than 270 days 
     after the date of the enactment of this Act, the 
     Administrator for Federal Procurement Policy shall develop 
     and issue a standard policy to prevent personal conflicts of 
     interest by contractor employees performing acquisition 
     functions closely associated with inherently governmental 
     functions (including the development, award, and 
     administration of Government contracts) for or on behalf of a 
     Federal agency or department.
       (1) Elements of policy.--The policy required under 
     subsection (a) shall--
       (A) provide a definition of the term ``personal conflict of 
     interest'' as it relates to contractor employees performing 
     acquisition functions closely associated with inherently 
     governmental functions; and
       (B) require each contractor whose employees perform 
     acquisition functions closely associated with inherently 
     governmental functions to--
       (i) identify and prevent personal conflicts of interest for 
     employees of the contractor who are performing such 
     functions;
       (ii) prohibit contractor employees who have access to non-
     public government information obtained while performing such 
     functions from using such information for personal gain;
       (iii) report any personal conflict-of-interest violation by 
     such an employee to the applicable contracting officer or 
     contracting officer's representative as soon as it is 
     identified;
       (iv) maintain effective oversight to verify compliance with 
     personal conflict-of-interest safeguards;
       (v) have procedures in place to screen for potential 
     conflicts of interest for all employees performing such 
     functions; and
       (vi) take appropriate disciplinary action in the case of 
     employees who fail to comply with policies established 
     pursuant to this section.
       (2) Contract clause.--
       (A) The Administrator shall develop a personal conflicts-
     of-interest clause or a set of clauses for inclusion in 
     solicitations and contracts (and task or delivery orders) for 
     the performance of acquisition functions closely associated 
     with inherently governmental functions that sets forth the 
     personal conflicts-of-interest policy developed under this 
     subsection and that sets forth the contractor's 
     responsibilities under such policy.
       (B) Subparagraph (A) shall take effect 300 days after the 
     date of the enactment of this Act and shall apply to--
       (i) contracts entered into on or after that effective date; 
     and
       (ii) task or delivery orders awarded on or after that 
     effective date, regardless of whether the contracts pursuant 
     to which such task or delivery orders are awarded are entered 
     before, on, or after the date of the enactment of this Act.
       (3) Applicability.--

[[Page 20862]]

       (A) Except as provided in subparagraph (B), this subsection 
     shall apply to any contract for an amount in excess of the 
     simplified acquisition threshold (as defined in section 4(11) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(11)) if the contract is for the performance of 
     acquisition functions closely associated with inherently 
     governmental functions.
       (B) If only a portion of a contract described in 
     subparagraph (A) is for the performance of acquisition 
     functions described in that subparagraph, then this 
     subsection applies only to that portion of the contract.
       (b) Review of Federal Acquisition Regulation Relating to 
     Conflicts of Interest.--
       (1) Review.--Not later than 12 months after the date of the 
     enactment of this Act, the Administrator for Federal 
     Procurement Policy, in consultation with the Director of the 
     Office of Government Ethics, shall review the Federal 
     Acquisition Regulation to--
       (A) identify contracting methods, types and services that 
     raise heightened concerns for potential personal and 
     organizational conflicts of interest; and
       (B) determine whether revisions to the Federal Acquisition 
     Regulation are necessary to--
       (i) address personal conflicts of interest by contractor 
     employees with respect to functions other than those 
     described in subsection (a); or
       (ii) achieve sufficiently rigorous, comprehensive, and 
     uniform government-wide policies to prevent and mitigate 
     organizational conflicts of interest in Federal contracting.
       (2) Regulatory revisions.--If the Administrator determines 
     pursuant to the review under paragraph (1)(B) that revisions 
     to the Federal Acquisition Regulation are necessary, the 
     Administrator shall work with the Federal Acquisition 
     Regulatory Council to prescribe appropriate revisions to the 
     regulations, including the development of appropriate 
     contract clauses.
       (3) Report.--Not later than March 1, 2010, the 
     Administrator shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives, the 
     Committee on Homeland Security and Governmental Affairs in 
     the Senate, and the Committee on Oversight and Government 
     Reform of the House of Representatives a report setting forth 
     such findings and determinations under subparagraphs (A) and 
     (B) of paragraph (1), together with an assessment of any 
     revisions to the Federal Acquisition Regulation that may be 
     necessary.
       (c) Best Practices.--The Administrator for Federal 
     Procurement Policy shall, in consultation with the Director 
     of the Office Government Ethics, develop and maintain a 
     repository of best practices relating to the prevention and 
     mitigation of organizational and personal conflicts of 
     interest in Federal contracting.

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

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

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

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

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

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

     SEC. 845. DEFENSE INDUSTRIAL SECURITY.

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

     ``Sec. 438. Defense industrial security

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

[[Page 20863]]

     adequate enforcement programs and have trained their 
     employees adequately in the requirements of the program.
       ``(6) Trend data on attempts to compromise classified 
     information disclosed to contractors of the Department of 
     Defense to the extent that such data are available.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter I of chapter 21 of title 10, United 
     States Code, is amended by adding at the end the following 
     new item:

``438. Defense industrial security.''.

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

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

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

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

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

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

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

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

[[Page 20864]]

     Development, in Iraq or Afghanistan, including individuals 
     and subcontractors at any tier.''.

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

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

          Subtitle G--Governmentwide Acquisition Improvements

     SEC. 861. SHORT TITLE.

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

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

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

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

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

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

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulation 
     shall be revised to address the use of cost-reimbursement 
     contracts.
       (b) Content.--The regulations promulgated under subsection 
     (a) shall include, at a minimum, guidance regarding--
       (1) when and under what circumstances cost-reimbursement 
     contracts are appropriate;
       (2) the acquisition plan findings necessary to support a 
     decision to use cost-reimbursement contracts; and
       (3) the acquisition workforce resources necessary to award 
     and manage cost-reimbursement contracts.
       (c) Inspector General Review.--Not later than one year 
     after the regulations required by subsection (a) are 
     promulgated, the Inspector General for each executive agency 
     shall review the use of cost-reimbursement contracts by such 
     agency for compliance with such regulations and shall include 
     the results of the review in the Inspector General's next 
     semiannual report.

[[Page 20865]]

       (d) Report.--Subject to subsection (f), the Director of the 
     Office of Management and Budget shall submit an annual report 
     to Congressional committees identified in subsection (e) on 
     the use of cost-reimbursement contracts and task or delivery 
     orders by all executive agencies. The report shall be 
     submitted no later than March 1 and shall cover the fiscal 
     year ending September 30 of the prior year. The report shall 
     include--
       (1) the total number and value of contracts awarded and 
     orders issued during the covered fiscal year;
       (2) the total number and value of cost-reimbursement 
     contracts awarded and orders issued during the covered fiscal 
     year; and
       (3) an assessment of the effectiveness of the regulations 
     promulgated pursuant to subsection (a) in ensuring the 
     appropriate use of cost-reimbursement contracts.
       (e) Congressional Committees Defined.--The report required 
     by subsection (d) shall be submitted to the Committee on 
     Oversight and Government Reform of the House of 
     Representatives; the Committee on Homeland Security and 
     Governmental Affairs of the Senate; the Committees on 
     Appropriations of the House of Representatives and the 
     Senate; and, in the case of the Department of Defense and the 
     Department of Energy, the Committees on Armed Services of the 
     Senate and the House of Representatives.
       (f) Requirements Limited to Certain Agencies and Years.--
       (1) Agencies.--The requirement in subsection (c) shall 
     apply only to those executive agencies that awarded contracts 
     or issued orders (under contracts previously awarded) in a 
     total amount of at least $1,000,000,000 in the fiscal year 
     proceeding the fiscal year in which the assessments and 
     reports are submitted.
       (2) Years.--The report required by subsection (d) shall be 
     submitted from March 1, 2009, until March 1, 2014.
       (g) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given such term in 
     section 4(1) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 403(1)).

     SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

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

     SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

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

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

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

[[Page 20866]]

     and incentive fees issued by the Secretary of Defense 
     pursuant to section 814 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2321).
       (d) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given such term in 
     section 4(1) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 403(1)).

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

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

     SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.

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

     SEC. 870. CONTINGENCY CONTRACTING CORPS.

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

     ``SEC. 44. CONTINGENCY CONTRACTING CORPS.

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

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

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

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

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

       (a) In General.--Subject to the authority, direction, and 
     control of the Director of the Office of Management and 
     Budget, the Administrator of General Services shall 
     establish, not later than one year after the date of

[[Page 20867]]

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

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

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

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

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

                       Subtitle H--Other Matters

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

       Section 2260 of title 10, United States Code, is amended--
       (1) in subsection (a), by inserting ``or the Secretary of 
     Homeland Security'' after ``Secretary of Defense''; and
       (2) in subsection (f)--
       (A) by striking ``(f) Definitions.--In this section, the'' 
     and inserting the following:

[[Page 20868]]

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

     SEC. 882. REPORT ON MARKET RESEARCH.

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

     SEC. 883. REPORT RELATING TO MUNITIONS.

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

     SEC. 884. MOTOR CARRIER FUEL SURCHARGES.

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

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

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

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

       (ii) in subparagraph (A)--

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

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

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

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

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

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

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

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

       (a) In General.--The Secretary of Defense shall prepare a 
     report on the implementation by the Department of Defense of 
     earned value management. The report shall include, at a 
     minimum, the following:
       (1) A discussion of the regulations and guidance of the 
     Department applicable to the use and implementation of earned 
     value management.
       (2) A discussion of the relative value of earned value 
     management as a tool for program managers and senior 
     Department officials.
       (3) A discussion of specific challenges the Department 
     faces in successfully using earned value management because 
     of the nature of the culture, history, systems, and 
     activities of the Department, particularly with regard to 
     requirements and funding instability.
       (4) A discussion of the methodology of the Department for 
     earned value management implementation, including data 
     quality issues, training, and information technology systems 
     used to integrate and transmit earned value management data.
       (5) An evaluation of the accuracy of the earned value 
     management data provided by vendors to the Federal Government 
     concerning acquisition categories I and II programs, with a 
     discussion of the impact of this data on the ability of the 
     Department to achieve program objectives.

[[Page 20869]]

       (6) A description of the criteria used by the Department to 
     evaluate the success of earned value management in delivering 
     program objectives, with illustrative data and examples 
     covering not less than three years.
       (7) Recommendations for improving earned value management 
     and its implementation within the Department, including a 
     discussion of the merits of possible alternatives.
       (b) Submission of Report.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit the report required by subsection (a) to 
     the Committees on Armed Services of the Senate and of the 
     House of Representatives.
       (c) Definition.--In this section, the term ``earned value 
     management'' has the meaning given that term in section 300 
     of part 7 of Office of Management and Budget Circular A-11 as 
     published in June 2008.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

             Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                       Subtitle E--Other Matters

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

              Subtitle A--Department of Defense Management

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

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

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

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

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

       ``(a) Appointment.--There is a Director of Operational 
     Energy Plans and Programs in the Department of Defense (in 
     this section referred to as the `Director'), appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director shall be appointed without regard to political 
     affiliation and solely on the basis of fitness to perform the 
     duties of the office of Director.
       ``(b) Duties.--The Director shall--
       ``(1) provide leadership and facilitate communication 
     regarding, and conduct oversight to manage and be accountable 
     for, operational energy plans and programs within the 
     Department of Defense and the Army, Navy, Air Force, and 
     Marine Corps;
       ``(2) establish the operational energy strategy;
       ``(3) coordinate and oversee planning and program 
     activities of the Department of Defense and the Army, Navy, 
     Air Force, and the Marine Corps related to--
       ``(A) implementation of the operational energy strategy;
       ``(B) the consideration of operational energy demands in 
     defense planning, requirements, and acquisition processes; 
     and
       ``(C) research and development investments related to 
     operational energy demand and supply technologies; and
       ``(4) monitor and review all operational energy initiatives 
     in the Department of Defense.
       ``(c) Principal Advisor for Operational Energy Plans and 
     Programs.--(1) The Director is the principal adviser to the 
     Secretary of Defense and the Deputy Secretary of Defense 
     regarding operational energy plans and programs and the 
     principal policy official within the senior management of the 
     Department of Defense regarding operational energy plans and 
     programs.
       ``(2) The Director may communicate views on matters related 
     to operational energy plans and programs and the operational 
     energy strategy required by subsection (d) directly to the 
     Secretary of Defense and the Deputy Secretary of Defense 
     without obtaining the approval or concurrence of any other 
     official within the Department of Defense.
       ``(d) Operational Energy Strategy.--(1) The Director shall 
     be responsible for the establishment and maintenance of a 
     department-wide transformational strategy for operational 
     energy. The strategy shall establish near-term, mid-term, and 
     long-term goals, performance metrics to measure progress in 
     meeting the goals, and a plan for implementation of the 
     strategy within the military departments, the Office of the 
     Secretary of Defense, and Defense Agencies.
       ``(2) Not later than 90 days after the date on which the 
     Director is first appointed, the Secretary of each of the 
     military departments shall designate a senior official within 
     each armed force under the jurisdiction of the Secretary who 
     will be responsible for operational energy plans and programs 
     for that armed force. The officials shall be responsible for 
     coordinating with the Director and implementing initiatives 
     pursuant to the strategy with regard to that official's armed 
     force.
       ``(3) By authority of the Secretary of Defense, the 
     Director shall prescribe policies and procedures for the 
     implementation of the strategy. The Director shall provide 
     guidance to, and consult with, the Secretary of Defense, the 
     Deputy Secretary of Defense, the Secretaries of the military 
     departments, and the officials designated under paragraph (2) 
     with respect to specific operational energy plans and 
     programs to be carried out pursuant to the strategy.
       ``(4) The initial strategy shall be submitted to the 
     congressional defense committees not later than 180 days 
     after the date on which the Director is first appointed. 
     Subsequent updates to the strategy shall be submitted to the 
     congressional defense committees as soon as practicable after 
     the modifications to the strategy are made.
       ``(e) Budgetary and Financial Matters.--(1) The Director 
     shall review and make recommendations to the Secretary of 
     Defense regarding all budgetary and financial matters 
     relating to the operational energy strategy.
       ``(2) The Secretary of Defense shall require that the 
     Secretary of each military department and the head of each 
     Defense Agency with responsibility for executing activities 
     associated with the strategy transmit their proposed budget 
     for those activities for a fiscal year to the Director for 
     review before submission of the proposed budget to the Under 
     Secretary of Defense (Comptroller).
       ``(3) The Director shall review a proposed budget 
     transmitted under paragraph (2) for a

[[Page 20870]]

     fiscal year and, not later than January 31 of the preceding 
     fiscal year, shall submit to the Secretary of Defense a 
     report containing the comments of the Director with respect 
     to the proposed budget, together with the certification of 
     the Director regarding whether the proposed budget is 
     adequate for implementation of the strategy.
       ``(4) Not later than 10 days after the date on which the 
     budget for a fiscal year is submitted to Congress pursuant to 
     section 1105 of title 31, the Secretary of Defense shall 
     submit to Congress a report on the proposed budgets for that 
     fiscal year that the Director has not certified under 
     paragraph (3). The report shall include the following:
       ``(A) A discussion of the actions that the Secretary 
     proposes to take, together with any recommended legislation 
     that the Secretary considers appropriate, to address the 
     inadequacy of the proposed budgets.
       ``(B) Any additional comments that the Secretary considers 
     appropriate regarding the inadequacy of the proposed budgets.
       ``(5) The report required by paragraph (4) shall also 
     include a separate statement of estimated expenditures and 
     requested appropriations for that fiscal year for the 
     activities of the Director in carrying out the duties of the 
     Director.
       ``(f) Access to Initiative Results and Records.--(1) The 
     Secretary of a military department shall submit to the 
     Director the results of all studies and initiatives conducted 
     by the military department in connection with the operational 
     energy strategy.
       ``(2) The Director shall have access to all records and 
     data in the Department of Defense (including the records and 
     data of each military department) necessary in order to 
     permit the Director to carry out the duties of the Director.
       ``(g) Staff.--The Director shall have a dedicated 
     professional staff of military and civilian personnel in a 
     number sufficient to enable the Director to carry out the 
     duties and responsibilities of the Director.
       ``(h) Definitions.--In this section:
       ``(1) Operational energy.--The term `operational energy' 
     means the energy required for training, moving, and 
     sustaining military forces and weapons platforms for military 
     operations. The term includes energy used by tactical power 
     systems and generators and weapons platforms.
       ``(2) Operational energy strategy.--The terms `operational 
     energy strategy' and `strategy' mean the operational energy 
     strategy developed under subsection (d).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 139a the following new item:

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

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

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

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

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

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

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

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

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

[[Page 20871]]



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

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

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

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

                      Subtitle B--Space Activities

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

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

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

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

[[Page 20872]]



     SEC. 913. SPACE POSTURE REVIEW.

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

             Subtitle C--Chemical Demilitarization Program

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

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

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

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

                Subtitle D--Intelligence-Related Matters

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

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

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

       (a) References to Head of Intelligence Community.--Title 
     10, United States Code, is

[[Page 20873]]

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

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

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

                       Subtitle E--Other Matters

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

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

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

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

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

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

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

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on certain homeland defense and civil support issues.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:

[[Page 20874]]

       (1) A description of the progress made by the Department of 
     Defense to address the concerns related to the United States 
     Northern Command identified in the Comptroller General 
     reports GAO-08-251 and GAO-08-252, including improved 
     coordination with other agencies.
       (2) A detailed description of the plans and progress made 
     by the Department of Defense to establish forces assigned the 
     mission of managing the consequences of an incident in the 
     United States homeland involving a chemical, biological, 
     radiological, or nuclear device, or high-yield explosives.

     SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

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

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

                  Subtitle C--Counter-Drug Activities

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

         Subtitle D--Miscellaneous Authorities and Limitations

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

                    Subtitle E--Studies and Reports

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

                       Subtitle F--Other Matters

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

                     Subtitle A--Financial Matters

     SEC. 1001. GENERAL TRANSFER AUTHORITY.

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

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

       (a) Reduction of Payments.--Notwithstanding any other 
     provision of law, any

[[Page 20875]]

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

     SEC. 1003. MANAGEMENT OF PURCHASE CARDS.

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

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

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

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

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

``2263. United States contributions to the North Atlantic Treaty 
              Organization common-funded budgets.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008, and shall apply to 
     fiscal years that begin on or after that date.

     SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

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

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

       Section 7310 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Report.--(1) The Secretary of the Navy shall submit 
     to Congress each year, at the time that the President's 
     budget is submitted to Congress that year under section 
     1105(a) of title 31, a report listing all repairs and 
     maintenance performed on any covered naval vessel that has 
     undergone work for the repair of the vessel in any shipyard 
     outside the United States or Guam (in this section referred 
     to as a `foreign shipyard') during the fiscal year preceding 
     the fiscal year in which the report is submitted.
       ``(2) The report shall include the percentage of the annual 
     ship repair budget of the Navy that was spent on repair of 
     covered naval vessels in foreign shipyards during the fiscal 
     year covered by the report.
       ``(3) The report also shall include the following with 
     respect to each covered naval vessel:
       ``(A) The justification under law for the repair in a 
     foreign shipyard.
       ``(B) The name and class of vessel repaired.
       ``(C) The category of repair and whether the repair 
     qualified as voyage repair as defined in Commander Military 
     Sealift Command Instruction 4700.15C (September 13, 2007) or 
     Joint Fleet Maintenance Manual (Commander Fleet Forces 
     Command Instruction 4790.3 Revision A, Change 7), Volume III. 
     Scheduled availabilities are to be considered as a composite 
     and reported as a single entity without individual repair and 
     maintenance items listed separately.

[[Page 20876]]

       ``(D) The shipyard where the repair work was carried out.
       ``(E) The number of days the vessel was in port for repair.
       ``(F) The cost of the repair and the amount (if any) that 
     the cost of the repair was less than or greater than the cost 
     of the repair provided for in the contract.
       ``(G) The schedule for repair, the amount of work 
     accomplished (stated in terms of work days), whether the 
     repair was accomplished on schedule, and, if not so 
     accomplished, the reason for the schedule over-run.
       ``(H) The homeport or location of the vessel prior to its 
     voyage for repair.
       ``(I) Whether the repair was performed under a contract 
     awarded through the use of competitive procedures or 
     procedures other than competitive procedures.
       ``(4) In this subsection, the term `covered naval vessel' 
     means any of the following:
       ``(A) A naval vessel.
       ``(B) Any other vessel under the jurisdiction of the 
     Secretary of the Navy.''.

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

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

     SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS 
                   OPERATIONS.

       (a) Authority for Payment.--Of the amounts appropriated for 
     operation and maintenance for the Navy, not more that 
     $1,000,000 may be used to pay the charge established under 
     section 1011 of title 37, United States Code, for meals sold 
     by messes for United States Navy and Naval Auxiliary vessels 
     to the following:
       (1) Members of nongovernmental organizations and officers 
     or employees of host and foreign nations when participating 
     in or providing support to United States civil-military 
     operations.
       (2) Foreign national patients treated on Naval vessels 
     during the conduct of United States civil-military 
     operations, and their escorts.
       (b) Expiration of Authority.--The authority to pay for 
     meals under subsection (a) shall expire on September 30, 
     2010.
       (c) Report.--Not later than March 31 of each year during 
     which the authority to pay for meals under subsection (a) is 
     in effect, the Secretary of Defense shall submit to Congress 
     a report on the use of such authority.

     SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE 
                   STRIKE FORCES OF THE UNITED STATES NAVY.

       Section 1012(c)(1) of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181) is amended by 
     adding at the end the following:
       ``(D) Amphibious assault ships, including dock landing 
     ships (LSD), amphibious transport-dock ships (LPD), 
     helicopter assault ships (LHA/LHD), and amphibious command 
     ships (LCC), if such vessels exceed 15,000 dead weight ton 
     light ship displacement.''.

                  Subtitle C--Counter-Drug Activities

     SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING 
                   DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 
                   FOREIGN COUNTER-DRUG ACTIVITIES.

       Section 1022(a) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-255), as most recently 
     amended by section 1024 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2383), is further amended by striking ``and 
     February 15, 2008'' and inserting ``February 15, 2008, and 
     February 15, 2009''.

     SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
                   PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
                   CONDUCTING COUNTER-TERRORISM ACTIVITIES.

       Section 1022(b) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 
     note), as amended by section 1021 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 304), is amended by striking ``2008'' and inserting 
     ``2009''.

     SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-
                   DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA 
                   AND CONTINUATION OF NUMERICAL LIMITATION ON 
                   ASSIGNMENT OF UNITED STATES PERSONNEL.

       Section 1021 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2042), as amended by section 1023 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2382), is further 
     amended--
       (1) in subsection (a), by striking ``2008'' and inserting 
     ``2009''; and
       (2) in subsection (c), by striking ``2008'' and inserting 
     ``2009''.

     SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE 
                   ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES 
                   OF CERTAIN FOREIGN GOVERNMENTS.

       (a) Extension of Authority.--Subsection (a)(2) of section 
     1033 of the National Defense Authorization Act for Fiscal 
     Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by 
     section 1021 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136, 117 Stat. 1593), 
     section 1022 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2137), and section 1022 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 304), is further amended by striking ``2008'' and 
     inserting ``2009''.
       (b) Additional Governments Eligible to Receive Support.--
     Subsection (b) of such section is amended by adding at the 
     end the following new paragraphs:
       ``(19) The Government of Guinea-Bissau.
       ``(20) The Government of Senegal.
       ``(21) The Government of El Salvador.
       ``(22) The Government of Honduras.''.
       (c) Maximum Annual Amount of Support.--Subsection (e)(2) of 
     such section is amended--
       (1) by striking ``or'' after ``2006,''; and
       (2) by striking the period at the end and inserting ``, or 
     $75,000,000 during fiscal year 2009.''.
       (d) Condition on Provision of Support.--Subsection (f) of 
     such section is amended--
       (1) in paragraph (2), by inserting after ``In the case of'' 
     the following: ``funds appropriated for fiscal year 2009 to 
     carry out this section and''; and
       (2) in paragraph (4)(B), by striking ``Committee on 
     International Relations'' and inserting ``Committee on 
     Foreign Affairs''.
       (e) Counter-Drug Plan.--Subsection (h) of such section is 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``fiscal year 2004'' and inserting ``fiscal year 2009''; and
       (2) in subparagraph (7), by striking ``For the first fiscal 
     year'' and inserting ``For fiscal year 2009, and thereafter, 
     for the first fiscal year''.

     SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR 
                   COUNTER-NARCOTICS EFFORTS FOR UNITED STATES 
                   AFRICA COMMAND.

       (a) Report Required.--Not later than June 30, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a comprehensive strategy of the Department 
     of the Defense with regard to counter-narcotics efforts in 
     Africa, with an emphasis on West Africa and the Maghreb. The 
     Secretary of Defense shall prepare the strategy in 
     consultation with the Secretary of State.
       (b) Matters to Be Included.--The comprehensive strategy 
     shall consist of a general overview and a separate detailed 
     section for each of the following:
       (1) A description of the overall United States counter-
     narcotics policy for Africa.
       (2) The roles and missions of the Department of Defense in 
     support of the overall United States counter-narcotics policy 
     for Africa.
       (3) The priorities for the Department of Defense to meet 
     programmatic objectives one-year, three-years, and five-years 
     after the end of fiscal year 2009, including a description of 
     the expected allocation of resources of the Department of 
     Defense to accomplish these priorities.
       (4) The efforts of the Secretary of Defense to coordinate 
     the Department of Defense counter-narcotics activities in 
     Africa with Department of Defense building capacity programs, 
     including programs carried out under the authority of the 
     Secretary under section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3456).
       (5) The efforts to coordinate the counter-narcotics 
     activities of the Department of Defense with the counter-
     narcotics activities of the governments eligible to receive 
     support under section 1033 of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 1881) and the counter-narcotics activities in 
     Africa of European countries and other international and 
     regional partners.
       (c) Plans.--The comprehensive strategy shall also include 
     the following plans:
       (1) A detailed and comprehensive plan to utilize the 
     capabilities and assets of the combatant commands that 
     geographically surround the United States Africa Command for 
     the counter-narcotics efforts and activities of the United 
     States Africa Command on a temporary basis until the United 
     States Africa Command develops its own commensurate 
     capabilities and assets, including in the plan a description 
     of what measures will be taken to effectuate the transition 
     of the missions.
       (2) A detailed and comprehensive plan to enhance 
     cooperation with certain African countries, which are often 
     geographically contiguous to other African countries that 
     have a significant narcotics-trafficking challenges, to 
     increase the effectiveness of the counter-narcotics 
     activities of the Department of Defense and its international 
     and regional partners.

[[Page 20877]]



     SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR 
                   COUNTER-NARCOTICS EFFORTS IN SOUTH AND CENTRAL 
                   ASIAN REGIONS.

       (a) Report Required.--Not later than June 30, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a comprehensive strategy of the Department 
     of the Defense with regard to counter-narcotics efforts in 
     the South and Central Asian regions, including the countries 
     of Afghanistan, Turkmenistan, Tajikistan, Kyrgyzstan, 
     Kazakhstan, Pakistan, and India, as well as the countries of 
     Armenia, Azerbaijan, and China.
       (b) Matters to Be Included.--The comprehensive strategy 
     shall consist of a general overview and a separate detailed 
     section for each of the following:
       (1) The roles and missions of the Department of Defense in 
     support of the overall United States counter-narcotics policy 
     for countries of the South and Central Asian regions and the 
     other countries specified in subsection (a).
       (2) The priorities for the Department of Defense to meet 
     programmatic objectives for fiscal year 2010, including a 
     description of the expected allocation of resources of the 
     Department of Defense to accomplish these priorities.
       (3) The ongoing and planned counter-narcotics activities 
     funded by the Department of Defense for such regions and 
     countries.
       (4) The efforts to coordinate the counter-narcotics 
     activities of the Department of Defense with the counter-
     narcotics activities of such regions and countries and the 
     counter-narcotics activities of other international partners 
     in such regions and countries.
       (5) The specific metrics used by the Department of Defense 
     to evaluate progress of activities to reduce the production 
     and trafficking of illicit narcotics in such regions and 
     countries.

         Subtitle D--Miscellaneous Authorities and Limitations

     SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES 
                   GOVERNMENT TO CONDUCT COMPLEX OPERATIONS.

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

     ``Sec. 409. Center for Complex Operations

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

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

     SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE 
                   TO PROPERTY FUNDED FROM A DEPARTMENT OF DEFENSE 
                   WORKING CAPITAL FUND.

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

     SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER 
                   AIR TRANSPORTATION SERVICES FROM CARRIERS 
                   PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.

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

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

       ``(a) In General.--The Secretary of Defense shall take 
     steps to--
       ``(1) improve the predictability in Department of Defense 
     charter requirements;
       ``(2) strengthen Civil Reserve Airlift Fleet participation 
     to assure adequate capacity is available to meet steady-
     state, surge and mobilization requirements; and
       ``(3) provide incentives for commercial air passenger 
     carriers to provide newer, more efficient and reliable 
     aircraft for Department of Defense service rather than older, 
     fully depreciated aircraft.
       ``(b) Consideration of Recommendations.--In carrying out 
     subsection (a), the Secretary of Defense shall consider the 
     recommendations on courses of action for the Civil Reserve 
     Air Fleet as outlined in the report required by Section 356 
     of the National Defense Authorization Act for 2008 (Public 
     Law 110-181).
       ``(c) Contracts for Charter Air Transportation Services.--
     The Secretary of Defense may award to an air carrier or an 
     air carrier contractor team arrangement participating in the 
     Civil Reserve Air Fleet on a fiscal year basis a one-year 
     contract for charter air transportation services with a 
     minimum purchase amount under such contract determined in 
     accordance with this section.
       ``(d) Eligible Charter Air Transportation Carriers.--In 
     order to be eligible for payments under the minimum purchase 
     amount provided by this section, an air carrier (or any air 
     carrier participating in an air carrier contractor team 
     arrangement)--
       ``(1) if under contract with the Department of Defense in 
     the prior fiscal year, shall have an average on-time pick up 
     rate, based on factors within such air carrier's control, of 
     at least 90 percent;
       ``(2) shall offer such amount of commitment to the Civil 
     Reserve Air Fleet in excess of the minimum required for 
     participation in the Civil Reserve Air Fleet as the Secretary 
     of Defense shall specify for purposes of this section; and
       ``(3) may not have refused a Department of Defense request 
     to act as a host for other Civil Reserve Air Fleet carriers 
     at intermediate staging bases during the prior fiscal year.

[[Page 20878]]

       ``(e) Aggregate Minimum Purchase Amount.--(1) The aggregate 
     amount of the minimum purchase amount for all contracts 
     awarded under subsection (c) for a fiscal year shall be based 
     on forecast needs, but may not exceed the amount equal to 80 
     percent of the average annual expenditure of the Department 
     of Defense for charter air transportation services during the 
     five-fiscal year period ending in the fiscal year before the 
     fiscal year for which such contracts are awarded.
       ``(2) In calculating the average annual expenditure of the 
     Department of Defense for charter air transportation services 
     for purposes of paragraph (1), the Secretary of Defense shall 
     omit from the calculation any fiscal year exhibiting 
     unusually high demand for charter air transportation services 
     if the Secretary determines that the omission of such fiscal 
     year from the calculation will result in a more accurate 
     forecast of anticipated charter air transportation services 
     for purposes of that paragraph.
       ``(f) Allocation of Minimum Purchase Among Charter Air 
     Transportation Contracts.--(1) The aggregate amount of the 
     minimum purchase amount for all contracts awarded under 
     subsection (c) for a fiscal year, as determined under 
     subsection (e), shall be allocated among all air carriers and 
     air carrier contractor team arrangements awarded contracts 
     under subsection (c) for such fiscal year in proportion to 
     the commitments of such carriers to the Civil Reserve Air 
     Fleet for such fiscal year.
       ``(2) In determining the minimum purchase amount payable 
     under paragraph (1) under a contract under subsection (c) for 
     charter air transportation services provided by an air 
     carrier or air carrier contractor team arrangement during the 
     fiscal year covered by such contract, the Secretary of 
     Defense may adjust the amount allocated to such carrier or 
     arrangement under paragraph (2) to take into account periods 
     during such fiscal year when charter air transportation 
     services of such carrier or a carrier in such arrangement are 
     unavailable for usage by the Department of Defense, including 
     during periods of refused business or suspended operations or 
     when such carrier is placed in nonuse status pursuant to 
     section 2640 of this title for safety reasons.
       ``(g) Distribution of Amounts.--If any amount available 
     under this section for the minimum purchase of charter air 
     transportation services from a carrier or air carrier 
     contractor team arrangement for a fiscal year under a 
     contract under subsection (c) is not utilized to purchase 
     charter air transportation services from the carrier or 
     arrangement in such fiscal year, such amount shall be 
     provided to the carrier or arrangement before the first day 
     of the following fiscal year.
       ``(h) Commitment of Funds.--(1) The Secretary of each 
     military department shall transfer to the transportation 
     working capital fund a percentage of the total amount 
     anticipated to be required in such fiscal year for the 
     payment of minimum purchase amounts under all contracts 
     awarded under subsection (c) for such fiscal year equivalent 
     to the percentage of the anticipated use of charter air 
     transportation services by such military department during 
     such fiscal year from all carriers under contracts awarded 
     under subsection (c) for such fiscal year.
       ``(2) Any amounts required to be transferred under 
     paragraph (1) shall be transferred by the last day of the 
     fiscal year concerned to meet the requirements of subsection 
     (g) unless minimum purchase amounts have already been 
     distributed by the Secretary of Defense under subsection (g) 
     as of that date.
       ``(i) Availability of Airlift Services.--(1) From the total 
     amount of charter air transportation services available for a 
     fiscal year under all contracts awarded under subsection (c) 
     for such fiscal year, a military department shall be entitled 
     to obtain a percentage of such services equal to the 
     percentage of the contribution of the military department to 
     the transportation working capital fund for such fiscal year 
     under subsection (h).
       ``(2) A military department may transfer any entitlement to 
     charter air transportation services under paragraph (1) to 
     any other military department or to any other agency, 
     element, or component of the Department of Defense.
       ``(j) Definition.--In this section, the term `charter air 
     transportation' has the meaning given such term in section 
     40102(14) of title 49, United States Code, except that it 
     only means such transportation for which the Secretary of 
     Defense has entered into a contract for the purpose of 
     passenger travel.
       ``(k) Sunset.--The authorities in this section shall expire 
     on December 31, 2015.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 941 of such title is amended by adding 
     at the end the following new item:

``9515. Charter air transportation services: minimum annual purchase 
              amount for carriers participating in Civil Reserve Air 
              Fleet.''.
       (c) Report to Congress; Limitation on Exercise of 
     Authority.--
       (1) Report.--The Secretary of Defense shall submit to the 
     congressional defense committees a written report on the 
     actions taken under subsections (a) and (b) of section 9515 
     of title 10, United States Code, as added by subsection (a), 
     along with the anticipated risks and benefits of such 
     actions.
       (2) Limitation.--No authority under subsections (c) through 
     (I) of such section may be implemented until 30 days after 
     the date on which the Secretary submits the report required 
     under paragraph (1).

     SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT 
                   GENERATION ENTERPRISE NETWORKS PROGRAM.

       (a) Semi-Annual Reports Required.--The Secretary of Defense 
     shall submit to the congressional defense committees semi-
     annual reports on the status of the development, testing, and 
     deployment of the Navy Next Generation Enterprise Networks 
     program and the transition of the capabilities provided by 
     the Navy Marine Corps Intranet program to the Next Generation 
     Enterprise Networks program. Each such report shall cover 
     such status during the two fiscal quarters preceding the 
     fiscal quarter in which the report is submitted.
       (b) Coordination.--The Secretary of Defense shall develop 
     each of the semi-annual reports required under subsection (a) 
     in coordination with the Secretary of the Navy, the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics, the Assistant Secretary of Defense for Networks 
     and Information Integration, and the Director of Operational 
     Test and Evaluation.
       (c) Contents of Reports.--Each of the reports required 
     under subsection (a) shall address the following matters for 
     the period covered by the report:
       (1) For each Next Generation Enterprise Networks contract 
     entered into by the Secretary of Defense--
       (A) the metrics used for quantitatively measuring the 
     performance of the entity with which the Secretary has 
     entered into the contract and, based on such metrics, an 
     assessment of the performance of such entity during such 
     period;
       (B) the qualitative measures used to assess the performance 
     of such entity and, based on such qualitative measures, an 
     assessment of the performance of such entity during such 
     period;
       (C) the mechanisms for providing incentives to improve the 
     performance of such entity, the processes for determining 
     incentive payments, and the use of incentive payments made 
     during such period; and
       (D) the mechanisms for penalizing such entity for poor 
     performance, the processes for determining penalties, and the 
     use of such penalties during such period.
       (2) Any progress made during such period to transition 
     information technology services from the Navy Marine Corps 
     Intranet program to the Next Generation Enterprise Networks 
     program, including the transfer of intellectual property and 
     infrastructure, and a description of contracting mechanisms 
     used to facilitate such transition and the provision of 
     services related to such transition.
       (3) An assessment of any issues arising during such period 
     that relate to the valuation and ownership of intellectual 
     property and infrastructure in the Navy Marine Corps Intranet 
     program.
       (4) Any activities carried out by the Next Generation 
     Enterprise Networks Governance Board to resolve issues 
     related to the Next Generation Enterprise Network program.
       (5) An assessment of the operational effectiveness and 
     suitability of the Next Generation Enterprise Networks 
     program during such period based on testing activities and 
     other assessments.
       (6) A description of the information security and 
     information assurance posture and performance of the Next 
     Generation Enterprise Networks program during such period.
       (7) The schedule, status, and goals of the early transition 
     activities between the Navy Marine Corps Intranet program and 
     the Next Generation Enterprise Networks program carried out 
     during such period.
       (8) A description of the role of the Next Generation 
     Enterprise Networks program with the Navy's network 
     environment.
       (9) An updated acquisition milestone schedule, including 
     any changes from previous planned schedules, the status of 
     achieving milestones, and mitigation strategies for 
     maintaining program schedule performance.
       (d) Deadline for Submittal of Reports.--The Secretary of 
     Defense shall submit the semi-annual reports required under 
     this section by not later than April 1 and October 1 of each 
     year, and shall submit the first report required under this 
     section by not later than April 1, 2009.
       (e) Termination.--The requirement to submit semi-annual 
     reports under this section shall terminate on the date that 
     is one year after the date on which the Secretary of Defense 
     completes the full transition of the provision of services 
     from the Navy Marine Corps Intranet program and other 
     transition programs to the Next Generation Enterprise 
     Networks program.

     SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.

       (a) Findings.--Congress makes the following findings:
       (1) The unauthorized transfer of nuclear weapons from Minot 
     Air Force Base, North Dakota, to Barksdale Air Force Base, 
     Louisiana, in August 2007 was an extraordinary

[[Page 20879]]

     breach of the command and control and security of nuclear 
     weapons.
       (2) The reviews conducted following that unauthorized 
     transfer found that the ability of the Department of Defense 
     to provide oversight of nuclear weapons matters had 
     degenerated and that senior level attention to nuclear 
     weapons management is minimal at best.
       (3) The lack of attention to nuclear weapons and related 
     equipment by the Department of Defense was demonstrated again 
     when it was discovered in March 2008 that classified 
     equipment from Minuteman III intercontinental ballistic 
     missiles was inadvertently shipped to Taiwan in 2006.
       (4) The Department of Defense has insufficient capability 
     and staffing in the Office of the Under Secretary of Defense 
     for Policy to provide the necessary oversight of the nuclear 
     weapons functions of the Department.
       (5) The key senior position responsible for nuclear weapons 
     matters in the Department of Defense, the Assistant to the 
     Secretary of Defense for Nuclear and Chemical and Biological 
     Defense Programs, a position filled by appointment by and 
     with the advice and consent of the Senate, was vacant for 
     more than 18 months before being filled in July 2008.
       (6) The inability to provide consistent senior level 
     emphasis on nuclear weapons policy has contributed to an 
     erosion in the level of attention paid to nuclear weapons 
     matters across the Department of Defense.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should maintain clear and unambiguous 
     command and control of its nuclear weapons;
       (2) the safety and security of nuclear weapons and related 
     equipment should be a high priority as long as the United 
     States maintains a stockpile of nuclear weapons;
       (3) these objectives will be more successfully attained if 
     greater attention is paid to nuclear weapons matters within 
     the Office of the Secretary of Defense, the Office of the 
     Under Secretary of Defense for Policy, and the Office of the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics;
       (4) the Secretary of Defense should consider establishing 
     and filling a senior position, at the level of Assistant 
     Secretary of Defense or Deputy Under Secretary of Defense, 
     within the Office of the Under Secretary of Defense for 
     Policy to hold primary responsibility for the strategic and 
     nuclear weapons policy of the Department of Defense; and
       (5) the Secretary of Defense should clarify the lines of 
     responsibility and accountability for nuclear weapons matters 
     within the Office of the Secretary of Defense to place 
     greater emphasis on strategic and nuclear weapons policy and 
     management.

     SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-
                   FEDERAL AVIATION ADMINISTRATION EXECUTIVE 
                   COMMITTEE ON CONFLICT AND DISPUTE RESOLUTION.

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

     SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, 
                   STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN USE.

       (a) Findings.--Congress makes the following findings:
       (1) The 2006 Quadrennial Defense Review and the 2005 
     Mobility Capability Study determined that the United States 
     Transportation Command requires a force of 292 to 383 organic 
     strategic airlift aircraft, augmented by procurement of 
     airlift service from commercial air carriers participating in 
     the Civil Reserve Air Fleet, to meet the demands of the 
     National Military Strategy. Congress has authorized and 
     appropriated funds for 316 strategic airlift aircraft.
       (2) The commander of the United States Transportation 
     Command has testified to Congress that it is essential to 
     safeguard the capabilities and capacity of the Civil Reserve 
     Air Fleet to meet wartime surge demands in connection with 
     major combat operations and that procurement by the Air Force 
     of excess organic strategic airlift aircraft could be harmful 
     to the health of the Civil Reserve Air Fleet.
       (3) The C-17 aircraft is used extensively by the Air 
     Mobility Command in the Global War on Terror. Production of 
     the C-17 aircraft is scheduled to cease in August, 2010.
       (4) The Federal Aviation Administration has informed 
     Congress that no fewer than six commercial operators have 
     expressed interest in operating a commercial variant of the 
     C-17 aircraft. Commercial sale of the new C-17 aircraft would 
     require that the Department of Defense determine that it is 
     in the national interest for the Federal Aviation 
     Administration to proceed with the issuance of a type 
     certificate for C-17 aircraft in accordance with section 
     21.27 of title 14, Code of Federal Regulations.
       (5) New C-17 aircraft sold for commercial use could be made 
     available to the Civil Reserve Air Fleet, thus strengthening 
     the capabilities and capacity of the Civil Reserve Air Fleet.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense, in consultation with the Secretary 
     of Transportation, should--
       (1) review the benefits and feasibility of pursuing a new 
     production commercial cargo capability with new C-17 
     commercial variant aircraft and determine whether such 
     capability is in the national interest; and
       (2) if the Secretary of Defense determines that such a 
     capability is in the national interest, take appropriate 
     actions to coordinate with the Federal Aviation 
     Administration to achieve the type certification for a 
     commercial variant of the C-17 required by section 21.27 of 
     title 14, Code of Federal Regulations.

                    Subtitle E--Studies and Reports

     SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

       (a) Report Required.--The Secretary of Defense, acting 
     through the Director of Corrosion Policy and Oversight, shall 
     prepare and submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on corrosion 
     control and prevention in weapons systems and equipment.
       (b) Matters Covered.--The report shall include the comments 
     and recommendations of the Department of Defense regarding 
     potential improvements in corrosion control

[[Page 20880]]

     and prevention through earlier planning. In particular, the 
     report shall include an evaluation and business case analysis 
     of options for improving corrosion control and prevention in 
     the requirements and acquisition processes of the Department 
     of Defense for weapons systems and equipment. The evaluation 
     shall include an analysis of the impact of such potential 
     improvements on system acquisition costs and life cycle 
     sustainment. The options for improved corrosion control and 
     prevention shall include corrosion control and prevention--
       (1) as a key performance parameter for assessing the 
     selection of materials and processes;
       (2) as a key performance parameter for sustainment;
       (3) as part of the capability development document in the 
     joint capabilities integration and development system; and
       (4) as a requirement for weapons systems managers to assess 
     their corrosion control and prevention requirements over a 
     system's life cycle and incorporate the results into their 
     acquisition strategies prior to issuing a solicitation for 
     contracts.
       (c) Deadline.--The report shall be submitted not later than 
     120 days after the date of the enactment of this Act.
       (d) Review by Comptroller General.--The Comptroller General 
     shall review the report required under subsection (a), 
     including the methodology used in the Department's analysis, 
     and shall provide the results of the review to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives not later than 60 days after the Department 
     submits the report.

     SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING 
                   SYSTEMS (MAFFS) IN A FEDERAL RESPONSE TO 
                   WILDFIRES.

       (a) In General.--The Secretary of Defense shall carry out a 
     study to determine--
       (1) how to utilize the Department's Modular Airborne Fire 
     Fighting Systems (MAFFS) in all contingencies where there is 
     a Federal response to wildfires; and
       (2) how to decrease the costs of using the Department's 
     MAFFS when supporting National Interagency Fire Center (NIFC) 
     fire fighting operations.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the results of 
     the study.

     SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.

       (a) Study Required.--The Secretary of Defense and the 
     Chairman of the Joint Chiefs of Staff shall carry out a study 
     on Department of Defense rotorcraft survivability. The study 
     shall--
       (1) with respect to actual losses of rotorcraft in combat--
       (A) identify the rates of such losses from 1965 through 
     2008, measured in total annual losses by type of aircraft and 
     by cause, with rates for loss per flight hour and loss per 
     sortie provided;
       (B) identify by category of hostile action (such as small 
     arms, Man-Portable Air Defense Systems, and so on), the 
     causal factors for the losses; and
       (C) propose candidate solutions for survivability (such as 
     training, tactics, speed, countermeasures, maneuverability, 
     lethality, technology, and so on), in a prioritized list with 
     explanations, to mitigate each such causal factor, along with 
     recommended funding adequate to achieve rates at least equal 
     to the experience in the Vietnam conflict;
       (2) with respect to actual losses of rotorcraft in combat 
     theater not related to hostile action--
       (A) identify the causal factors of loss in a ranked list; 
     and
       (B) propose candidate solutions for survivability (such as 
     training, tactics, speed, countermeasures, maneuverability, 
     lethality, technology, and so on), in a prioritized list, to 
     mitigate each such causal factor, along with recommended 
     funding adequate to achieve the Secretary's Mishap Reduction 
     Initiative goal of not more than 0.5 mishaps per 100,000 
     flight hours;
       (3) with respect to losses of rotorcraft in training or 
     other non-combat operations during peacetime or interwar 
     years--
       (A) identify by category (such as inadvertent instrument 
     meteorological conditions, wire strike, and so on) the causal 
     factors of loss in a ranked list; and
       (B) identify candidate solutions for survivability and 
     performance (such as candidate solutions referred to in 
     paragraph (2)(B) as well as maintenance, logistics, systems 
     development, and so on) in a prioritized list, to mitigate 
     each such causal factor, along with recommended funding 
     adequate to achieve the goal of rotorcraft loss rates to non-
     combat causes being reduced to 1.0;
       (4) identify the key technical factors (causes of mishaps 
     that are not related to human factors) negatively impacting 
     the rotorcraft mishap rates and survivability trends, to 
     include reliability, availability, maintainability, and other 
     logistical considerations; and
       (5) identify what TACAIR is and has done differently to 
     have such a decrease in losses per sortie when compared to 
     rotorcraft, to include--
       (A) examination of aircraft, aircraft maintenance, 
     logistics, operations, and pilot and operator training;
       (B) an emphasis on the development of common service 
     requirements that TACAIR has implemented already which are 
     minimizing losses within TACAIR; and
       (C) candidate solutions, in a prioritized list, to mitigate 
     each causal factor with recommended funding adequate to 
     achieve the goal of rotorcraft loss rates stated above.
       (b) Report.--Not later than August 1, 2009, the Secretary 
     and the Chairman shall submit to the congressional defense 
     committees a report on the results of the study.

     SEC. 1044. REPORT ON NUCLEAR WEAPONS.

       (a) Findings.--Congress finds that--
       (1) numerous nuclear weapons are held in the arsenals of 
     various countries around the world;
       (2) some of these weapons make attractive targets for theft 
     and for use by terrorist organizations;
       (3) the United States should identify, track, and monitor 
     these weapons as a matter of national security;
       (4) the United States should assess the security risks 
     associated with existing stockpiles of nuclear weapons and 
     should assess the risks of nuclear weapons being developed, 
     acquired, or utilized by other countries, particularly rogue 
     states, and by terrorists and other non-state actors; and
       (5) the United States should work cooperatively with other 
     countries to improve the security of nuclear weapons and to 
     promote multilateral reductions in the numbers of nuclear 
     weapons.
       (b) Review.--The President, in consultation with the 
     Secretary of Defense, the Secretary of State, the Secretary 
     of Energy, and the Director of National Intelligence, shall 
     conduct a review of nuclear weapons world-wide that 
     includes--
       (1) an inventory of the nuclear arsenals of all countries 
     that possess, or are believed to possess, nuclear weapons, 
     which indicates, as accurately as possible, the nuclear 
     weapons that are known, or are believed, to exist according 
     to nationality, type, yield, and form of delivery, and an 
     assessment of the methods that are currently employed to 
     identify, track, and monitor nuclear weapons and their 
     component materials;
       (2) an assessment of the risks associated with the 
     deployment, transfer, and storage of nuclear weapons deemed 
     to be attractive to terrorists, rogue states, and other state 
     or non-state actors on account of their size or portability, 
     or on account of their accessibility due to the manner of 
     their deployment or storage; and
       (3) recommendations for--
       (A) mechanisms and procedures to improve security and 
     safeguards for the nuclear weapons deemed to be attractive to 
     terrorists, rogue states, and other state or non-state 
     actors;
       (B) mechanisms and procedures to improve the ability of the 
     United States to identify, track, and monitor the nuclear 
     weapons deemed to be attractive to terrorists, rogue states, 
     and other state or non-state actors;
       (C) mechanisms and procedures for implementing transparent 
     multilateral reductions in nuclear weapons arsenals; and
       (D) methods for consolidating, dismantling, and disposing 
     of the nuclear weapons in each country that possesses, or is 
     believed to possess, nuclear weapons, including methods of 
     monitoring and verifying consolidation, dismantlement, and 
     disposal.
       (c) Report.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the President shall submit 
     to Congress a report on the findings and recommendations of 
     the review required under subsection (b).
       (2) Classification of report.--The report required under 
     paragraph (1) shall be submitted in unclassified form, but it 
     may be accompanied by a classified annex.

     SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH 
                   GUAM TAX AND LICENSING LAWS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of the Navy and the Joint Guam Program Office, 
     shall submit to the congressional defense committees a report 
     on the steps that the Department of Defense is taking to 
     ensure that contractors of the Department performing work on 
     Guam comply with local tax and licensing requirements.

     SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     detention operations at theater internment facilities in 
     Iraq.
       (b) Elements.--The report required by subsection (a) shall 
     include each of the following:
       (1) A detailed description of how counterinsurgency 
     doctrine has been incorporated at theater internment 
     facilities in Iraq.
       (2) A detailed description of the policies and programs 
     instituted to prepare detainees for reintegration following 
     their release from detention in theater internment facilities 
     in Iraq.
       (3) A description and assessment of the effects of changes 
     in detention operations and

[[Page 20881]]

     reintegration programs at theater internment facilities in 
     Iraq during the period beginning on January 1, 2007, and 
     ending on the date of the completion of the report, including 
     changes in levels of violence within internment facilities 
     and in rates of recapture of detainees released from 
     detention in internment facilities.
       (4) A description of--
       (A) the lessons learned regarding detention operations in a 
     counterinsurgency operation, an assessment of how such 
     lessons could be applied to detention operations elsewhere 
     (including in Afghanistan and at Guantanamo Bay, Cuba); and
       (B) any efforts to integrate such lessons into Department 
     of Defense directives, joint doctrine, mission rehearsal 
     exercises for deploying forces, and training for units 
     involved in detention and interrogation operations.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE 
                   DEPARTMENT OF DEFENSE AND THE INTELLIGENCE 
                   COMMUNITY.

       (a) In General.--The Secretary of Defense and the Director 
     of National Intelligence shall conduct a joint review of the 
     bandwidth capacity requirements of the Department of Defense 
     and the intelligence community in the near term, mid term, 
     and long term.
       (b) Elements.--The review required by subsection (a) shall 
     include an assessment of the following:
       (1) The current bandwidth capacities and capabilities of 
     the Department of Defense and the intelligence community to 
     transport data, including Government and commercial ground 
     networks, airborne relays, and satellite systems.
       (2) The bandwidth capacities and capabilities anticipated 
     to be available to the Department of Defense and the 
     intelligence community to transport data in the near term, 
     mid term, and long term.
       (3) Innovative technologies available to the Department of 
     Defense and the intelligence community to increase data 
     transport capacity of existing bandwidth (such as compression 
     techniques or intelligent software agents) that can be 
     applied in the near term, mid term, and long term.
       (4) The bandwidth and data requirements of current major 
     operational systems of the Department of Defense and the 
     intelligence community, including an assessment of--
       (A) whether such requirements are being appropriately met 
     by the bandwidth capacities and capabilities described in 
     paragraph (1); and
       (B) the degree to which any such requirements are not being 
     met by such bandwidth capacities and capabilities.
       (5) The anticipated bandwidth and data requirements of 
     major operational systems of the Department of Defense and 
     the intelligence community planned for each of the near term, 
     mid term, and long term, including an assessment of--
       (A) whether such anticipated requirements will be 
     appropriately met by the bandwidth capacities and 
     capabilities described in paragraph (2); and
       (B) the degree to which any such requirements are not 
     anticipated to be met by such bandwidth capacities and 
     capabilities.
       (6) Any mitigation concepts that could be used to satisfy 
     any unmet bandwidth and data requirements.
       (7) The costs of meeting the bandwidth and data 
     requirements described in paragraphs (4) and (5).
       (8) Any actions necessary to integrate or consolidate the 
     information networks of the Department of Defense and the 
     intelligence community.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Director of National Intelligence shall jointly submit to the 
     congressional defense committees, the Select Committee on 
     Intelligence of the Senate, and the Permanent Select 
     Committee on Intelligence of the House of Representatives a 
     report setting forth the results of the review required by 
     subsection (a).
       (d) Formal Review Process for Bandwidth Requirements.--The 
     Secretary of Defense and the Director of National 
     Intelligence shall, as part of the Milestone B or Key 
     Decision Point B approval process for any major defense 
     acquisition program or major system acquisition program, 
     establish a formal review process to ensure that--
       (1) the bandwidth requirements needed to support such 
     program are or will be met; and
       (2) a determination will be made with respect to how to 
     meet the bandwidth requirements for such program.
       (e) Definitions.--In this section:
       (1) Intelligence community.--The term ``intelligence 
     community'' has the meaning given the term in section 3(4) of 
     the National Security Act of 1947 (50 U.S.C. 401a(4)).
       (2) Long term.--The term ``long term'' means the five-year 
     period beginning on the date that is 10 years after the date 
     of the enactment of this Act.
       (3) Mid term.--The term ``mid term'' means the five-year 
     period beginning on the date that is five years after the 
     date of the enactment of this Act.
       (4) Near term.--The term ``near term'' means the five-year 
     period beginning on the date of the enactment of this Act.

     SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE 
                   TO THE DEPARTMENT OF DEFENSE REGARDING 
                   ELECTROMAGNETIC PULSE ATTACK.

       (a) Review.--The Secretary of Defense shall conduct a 
     review of the findings and recommendations applicable to the 
     Department of Defense made in the reports of the Commission 
     to Assess the Threat to the United States from 
     Electromagnetic Pulse Attack established under title XIV of 
     the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (as enacted into law by Public Law 106-398; 
     114 Stat. 165A-345).
       (b) Reports.--
       (1) In general.--The Secretary shall submit to the 
     congressional defense committees a report on the review 
     required by subsection (a) that shall include the following:
       (A) A description of the findings and recommendations 
     described in that subsection that are applicable to the 
     Department of Defense.
       (B) A plan for addressing the applicable findings and 
     implementing the applicable recommendations to the extent 
     practicable and feasible.
       (C) If the Secretary determines that it is not practicable 
     or feasible to address an applicable finding or implement an 
     applicable recommendation, an explanation clearly explaining 
     each such determination.
       (D) A description of the capabilities of the Department of 
     Defense needed to protect and recover from an electromagnetic 
     pulse attack.
       (E) Any research and development needed to address any 
     applicable finding or recommendation to enable the Department 
     of Defense to implement such recommendations in the future.
       (F) A description of the plans and programs that the 
     Department of Defense has in place or plans to put in place 
     to address the threat from electromagnetic pulse attack.
       (G) A description of the organizational and management 
     structure that the Department of Defense has in place or 
     plans to have in place to address the threat from an 
     electromagnetic pulse attack.
       (H) A description of any impediments to implementing any 
     applicable recommendations.
       (2) Submittal dates.--The report required by paragraph (1) 
     shall be submitted not later than September 1 of each odd 
     numbered year beginning in 2009 and ending in 2015.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

                       Subtitle F--Other Matters

     SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF 
                   INFORMATION REGARDING INFORMATION TECHNOLOGY 
                   CAPITAL ASSETS.

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

     SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION 
                   ON ENEMY PRISONERS OF WAR, RETAINED PERSONNEL, 
                   CIVILIAN INTERNEES, AND OTHER DETAINEES.

       (a) Submission to Congress.--A successor regulation to Army 
     Regulation 190-8 Enemy Prisoners of War, Retained Personnel, 
     Civilian Internees and Other Detainees (dated October 1, 
     1997) may not be carried out or implemented until the date 
     that is 60 days after the date on which the Secretary of 
     Defense submits to the Committees on Armed Services of the 
     Senate and House of Representatives such successor 
     regulation.
       (b) Savings Clause.--Nothing in this section shall affect 
     the continued effectiveness of Army Regulation 190-8 Enemy 
     Prisoners of War, Retained Personnel, Civilian Internees and 
     Other Detainees (dated October 1, 1997).

[[Page 20882]]



     SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.

       (a) Project Modification.--The project for hurricane and 
     storm damage reduction, Barnegat Inlet to Little Egg Inlet, 
     New Jersey, authorized by section 101(a)(1) of the Water 
     Resources Development Act of 2000 (114 Stat. 2576), is 
     modified to authorize the Secretary of the Army to undertake, 
     at Federal expense, such measures as the Secretary determines 
     to be necessary and appropriate in the public interest to 
     address the handling of munitions placed on the beach during 
     construction of the project before the date of enactment of 
     this section.
       (b) Treatment of Costs.--Costs incurred in carrying out 
     subsection (a) shall not be considered to be a cost of 
     constructing the project.
       (c) Credit.--The Secretary shall credit, in accordance with 
     section 221 of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5b), toward the non-Federal share of the cost of the 
     project the costs incurred by the non-Federal interest with 
     respect to the removal and handling of the munitions referred 
     to in subsection (a).
       (d) Eligible Activities.--Measures authorized by subsection 
     (a) include monitoring, removal, and disposal of the 
     munitions referred to in subsection (a).

     SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION 
                   AMONG THE DEPARTMENT OF DEFENSE, THE DEPARTMENT 
                   OF STATE, AND THE UNITED STATES AGENCY FOR 
                   INTERNATIONAL DEVELOPMENT ON MATTERS OF 
                   NATIONAL SECURITY.

       (a) Establishment of Advisory Panel.--The Secretary of 
     Defense, the Secretary of State, and the Administrator of the 
     United States Agency for International Development (USAID) 
     may jointly establish an advisory panel to advise, review, 
     and make recommendations on ways to improve coordination 
     among the Department of Defense, the Department of State, and 
     the United States Agency for International Development on 
     matters relating to national security, including reviewing 
     their respective roles and responsibilities.
       (b) Membership.--
       (1) Composition.--The advisory panel shall be composed of 
     12 members, of whom--
       (A) three shall be appointed by the Secretary of Defense, 
     in consultation with the Secretary of State and the 
     Administrator;
       (B) three shall be appointed by the Secretary of Defense, 
     with the advice of the Chairman of the Joint Chiefs of Staff, 
     and in consultation with the Secretary of State and the 
     Administrator;
       (C) three shall be appointed by the Secretary of State, in 
     consultation with the Secretary of Defense and the 
     Administrator; and
       (D) three shall be appointed by the Administrator, in 
     consultation with the Secretary of Defense and the Secretary 
     of State.
       (2) Chairman.--The Secretary of Defense, the Secretary of 
     State, and the Administrator shall jointly designate one 
     member as chairman.
       (3) Vice chairman.--The Secretary of Defense, the Secretary 
     of State, and the Administrator shall jointly designate one 
     member as vice chairman. The vice chairman may not be a 
     member appointed to the advisory panel under paragraph (1) by 
     the same Secretary or Administrator who appointed the member 
     under such paragraph who is designated as the chairman under 
     paragraph (2).
       (4) Expertise.--Members of the advisory panel shall be 
     private citizens of the United States with national 
     recognition and significant experience in the Federal 
     Government, the Armed Forces, public administration, foreign 
     affairs, or development.
       (5) Deadline for appointment.--All members of the advisory 
     panel should be appointed not earlier than January 20, 2009, 
     and not later than March 20, 2009.
       (6) Terms.--The term of each member of the advisory panel 
     is for the life of the advisory panel.
       (7) Vacancies.--A vacancy in the advisory panel shall be 
     filled not later than 30 days after such vacancy occurs and 
     in the manner in which the original appointment was made.
       (8) Security clearances.--The appropriate departments or 
     agencies of the Federal Government shall cooperate with the 
     advisory panel in expeditiously providing to the members and 
     staff of the advisory panel appropriate security clearances 
     to the extent possible pursuant to existing procedures and 
     requirements, except that no person shall be provided with 
     access to classified information under this section without 
     the appropriate security clearances.
       (9) Status.--A member of the advisory panel who is not 
     otherwise employed by the Federal Government shall not be 
     considered to be a Federal employee, except for the purposes 
     of chapter 81 of title 5, United States Code, and chapter 171 
     of title 28, United States Code.
       (10) Expenses.--The members of the advisory panel shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, while away from 
     their homes or regular places of business in the performance 
     of services for the advisory panel.
       (c) Meetings and Procedures.--
       (1) Initial meeting.--The advisory panel shall conduct its 
     first meeting not later than 30 days after the date that all 
     appointments to the advisory panel have been made under 
     subsection (b).
       (2) Meetings.--The advisory panel shall meet not less often 
     than once every three months. The advisory panel may also 
     meet at the call of the Secretary of Defense, the Secretary 
     of State, or the Administrator.
       (3) Procedures.--The advisory panel shall carry out its 
     duties under procedures established under subsection (d).
       (d) Support of Federally Funded Research and Development 
     Center.--If the advisory panel is established under 
     subsection (a), the Secretary of Defense, in consultation 
     with the Secretary of State and the Administrator, shall, not 
     later than 60 days after the date of the final appointment of 
     the members of the advisory panel pursuant to subsection 
     (b)(5), enter into a contract with a federally funded 
     research and development center for the provision of 
     administrative and logistical support and assistance to the 
     advisory panel in carrying out its duties under this section. 
     Such support and assistance shall include the establishment 
     of the procedures of the advisory panel.
       (e) Duties of Panel.--The advisory panel shall--
       (1) analyze the roles and responsibilities of the 
     Department of Defense, the Department of State, and the USAID 
     regarding--
       (A) stability operations;
       (B) foreign assistance (including security assistance); and
       (C) other areas the Secretary of Defense, the Secretary of 
     State, and the Administrator jointly agree are appropriate;
       (2) review--
       (A) the structures and systems that coordinate policy-
     making;
       (B) the national security-related roles and 
     responsibilities of the Department of Defense, the Department 
     of State, USAID, and, as appropriate, other relevant agencies 
     to ensure effective coordination;
       (C) the efforts of the Department of Defense, the 
     Department of State, USAID, and such other relevant agencies 
     to ensure that lessons learned and expertise that is 
     developed in carrying out programs related to national 
     security are shared among the departments and agencies of the 
     Federal Government, as appropriate; and
       (D) the coordination of activities conducted abroad and 
     carried out by personnel of the Department of Defense, 
     Department of State, USAID, and such other relevant agencies; 
     and
       (3) provide advice and make recommendations for otherwise 
     improving coordination between and among the Department of 
     Defense, the Department of State and USAID on matters of 
     national security.
       (f) Cooperation of Other Agencies.--Upon request by the 
     advisory panel, any department or agency of the Federal 
     Government shall provide information that the advisory panel 
     considers necessary to carry out its duties.
       (g) Reports.--
       (1) Interim report.--Not later than 180 days after the 
     first meeting of the advisory panel, the advisory panel shall 
     submit to the Secretary of Defense, the Secretary of State, 
     and the Administrator a report that identifies--
       (A) aspects of the interagency structure and processes 
     relating to matters of national security that should take 
     priority in any effort to improve the coordination among the 
     Department of Defense, the Department of State, and USAID; 
     and
       (B) methods to better coordinate the interagency structure 
     and processes relating to matters of national security.
       (2) Annual reports.--Not later than December 31 of the year 
     in which the interim report is submitted under paragraph (1), 
     the advisory panel shall submit to the Secretary of Defense, 
     the Secretary of State, and the Administrator a report on--
       (A) the activities of the advisory panel;
       (B) any deficiencies relating to coordination among the 
     Department of Defense, Department of States and USAID and 
     other relevant agencies on matters of national security;
       (C) any improvements made during the period covered by the 
     report to the coordination among the Department of Defense, 
     the Department of State, USAID, and other relevant agencies 
     on matters of national security;
       (D) methods to better coordinate the interagency structure 
     and processes among the Department of Defense, the Department 
     of State, USAID, and other relevant agencies on matters 
     relating to national security; and
       (E) such findings, conclusions, and recommendations as the 
     advisory panel considers appropriate.
       (3) Submission of report to congress.--The Secretary of 
     Defense, the Secretary of State, and the Administrator shall 
     submit to the appropriate congressional committees the 
     reports required under this subsection and any additional 
     information considered appropriate.
       (4) Congressional briefings.--Not later than 30 days after 
     the submission of each report required under this subsection, 
     the members of the advisory panel shall make themselves 
     available to meet with the appropriate congressional 
     committees to brief

[[Page 20883]]

     such committees on the matters contained in the report.
       (5) Appropriate committees.--For the purposes of this 
     subsection, the appropriate congressional committees are the 
     following:
       (A) The Committees on Foreign Affairs, Armed Services, and 
     Appropriations of the House of Representatives.
       (B) The Committees on Foreign Relations, Armed Services, 
     and Appropriations of the Senate.
       (h) Termination of Advisory Panel.--The advisory panel 
     shall terminate on December 31, 2012.
       (i) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
       (2) Stability operations.--The term ``stability 
     operations'' means stability and reconstruction operations 
     conducted by departments or agencies of the Federal 
     Government described by Department of Defense Directive 
     3000.05, National Security Presidential Directive 1, or 
     National Security Presidential Directive 44.
       (3) Federal agency.--The term ``Federal agency'' means any 
     entity included in chapter 1 of title 5, United States code.

     SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC 
                   DIPLOMACY ACTIVITIES OF THE FEDERAL GOVERNMENT.

       (a) Report by President.--
       (1) Initial report.--Not later than December 31, 2009, the 
     President shall submit to the appropriate committees of 
     Congress a report on a comprehensive interagency strategy for 
     public diplomacy and strategic communication of the Federal 
     Government, including benchmarks and a timetable for 
     achieving such benchmarks.
       (2) Elements of report.--The report required under 
     paragraph (1) shall include the following elements:
       (A) Strategy.--A comprehensive interagency strategy, which 
     shall include the following:
       (i) Prioritizing the mission of supporting specific foreign 
     policy objectives, such as counterterrorism and efforts to 
     combat extremist ideology, in parallel and in complement 
     with, as appropriate, the broad mission of communicating the 
     policies and values of the United States to foreign 
     audiences.
       (ii) Consolidating and elevating, as appropriate, Federal 
     Government leadership to prioritize, manage, and implement 
     the strategy required by this subsection, including 
     consideration of whether to establish strategic communication 
     and public diplomacy positions at the National Security 
     Council and to establish a single office to coordinate 
     strategic communication and public diplomacy efforts.
       (iii) Improving coordination across departments and 
     agencies of the Federal Government on strategic 
     communications and public diplomacy.
       (iv) Consideration of whether resources devoted to 
     strategic communication and public diplomacy efforts should 
     be increased.
       (B) Study.--A study of whether to establish an independent, 
     not-for-profit organization responsible for providing 
     independent assessment and strategic guidance to the Federal 
     Government on strategic communication and public diplomacy, 
     as recommended by the Task Force on Strategic Communication 
     of the Defense Science Board.
       (C) Roles of departments or agencies of the federal 
     government.--A description of the respective roles of the 
     National Security Council, the Department of Defense, and the 
     Department of State regarding strategic communication and 
     public diplomacy, including--
       (i) a description of the roles of the offices within the 
     National Security Council, the Department of Defense, and the 
     Department of State engaged in message outreach to audiences 
     abroad; and
       (ii) an explanation of how the National Security Council, 
     the Department of Defense, and the Department of State 
     coordinate strategic communication and public diplomacy 
     activities.
       (3) Subsequent report.--Two years after the submission of 
     the initial report under paragraph (1), the President shall 
     submit to the appropriate committees of Congress a report 
     on--
       (A) the status of the implementation of the strategy;
       (B) progress toward achievement of benchmarks; and
       (C) any changes to the strategy since the submission of the 
     initial report.
       (b) Report by Secretary of Defense.--Not later than 
     December 31, 2009, the Secretary of Defense shall review, and 
     submit to the congressional defense committees a report on, 
     the organizational structure within the Department of Defense 
     for advising the Secretary on the direction and priorities 
     for strategic communication activities, including an 
     assessment of the option of establishing a board, composed of 
     representatives from among the organizations within the 
     Department responsible for strategic communications, public 
     diplomacy, and public affairs, and including advisory members 
     from the broader interagency community as appropriate, for 
     purposes of--
       (1) providing strategic direction for Department of Defense 
     efforts related to strategic communications and public 
     diplomacy; and
       (2) setting priorities for the Department of Defense in the 
     areas of strategic communications and public diplomacy.
       (c) Form and Availability of Reports.--
       (1) Form.--The reports required by this section may be 
     submitted in a classified form.
       (2) Availability.--Any unclassified portions of the reports 
     required by this section shall be made available to the 
     public.
       (d) Appropriate Committees.--For the purposes of this 
     section, the appropriate committees of Congress are the 
     following:
       (1) The Committees on Foreign Relations, Armed Services, 
     and Appropriations of the Senate.
       (2) The Committees on Foreign Affairs, Armed Services, and 
     Appropriations of the House of Representatives.

     SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA.

       (a) Prohibition.--No part of any funds authorized to be 
     appropriated in this or any other Act shall be used by the 
     Department of Defense for publicity or propaganda purposes 
     within the United States not otherwise specifically 
     authorized by law.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Defense shall submit to Congress a report on 
     the findings of their project number D2008-DIPOEF-0209.000, 
     entitled ``Examination of Allegations Involving DoD Office of 
     Public Affairs Outreach Program''.
       (c) Legal Opinion.--Not later than 120 days after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall issue a legal opinion to Congress on 
     whether the Department of Defense violated appropriations 
     prohibitions on publicity or propaganda activities 
     established in Public Laws 107-117, 107-248, 108-87, 108-287, 
     109-148, 109-289, and 110-116, the Department of Defense 
     Appropriations Acts for fiscal years 2002 through 2008, 
     respectively, by offering special access to prominent persons 
     in the private sector who serve as media analysts, including 
     briefings and information on war efforts, meetings with high 
     level government officials, and trips to Iraq and Guantanamo 
     Bay, Cuba.
       (d) Rule of Construction Related to Intelligence 
     Activities.--Nothing in this section shall be construed to 
     apply to any lawful and authorized intelligence activity of 
     the United States Government.

     SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY 
                   CONTRACTOR PERSONNEL.

       It is the sense of Congress that--
       (1) the interrogation of enemy prisoners of war, civilian 
     internees, retained persons, other detainees, terrorists, and 
     criminals when captured, transferred, confined, or detained 
     during or in the aftermath of hostilities is an inherently 
     governmental function and cannot appropriately be transferred 
     to private sector contractors;
       (2) not later than one year after the date of the enactment 
     of this Act, the Secretary of Defense should develop the 
     resources needed to ensure that interrogations described in 
     paragraph (1) can be conducted by government personnel and 
     not by private sector contractors; and
       (3) properly trained and cleared contractors may 
     appropriately be used as linguists, interpreters, report 
     writers, information technology technicians, and other 
     employees filling ancillary positions, if the private sector 
     contractors are subject to the same rules, procedures, 
     policies, and laws pertaining to detainee operations and 
     interrogations that govern the execution of these positions 
     by government personnel.

     SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR 
                   OTHERWISE ELECTRONICALLY RECORDING STRATEGIC 
                   INTELLIGENCE INTERROGATIONS OF PERSONS IN THE 
                   CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF 
                   THE DEPARTMENT OF DEFENSE.

       (a) In General.--It is the sense of Congress that the 
     Secretary of Defense should take such actions as are 
     necessary to ensure that each strategic intelligence 
     interrogation of any person who is in the custody or under 
     the effective control of the Department of Defense or under 
     detention in a Department of Defense facility is videotaped 
     or otherwise electronically recorded.
       (b) Strategic Intelligence Interrogation Defined.--For 
     purposes of this section, the term ``strategic intelligence 
     interrogation'' means an interrogation of a person described 
     in subsection (a) conducted at a theater-level detention 
     facility.

     SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED 
                   FOR ENTRY TO MILITARY INSTALLATIONS IN THE 
                   UNITED STATES.

       Section 1069(c) of the National Defense Authorization Act 
     of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 327) is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``July 1, 2008'' and inserting ``February 
     1, 2009''; and
       (B) by striking ``January 1, 2009'' and inserting ``October 
     1, 2010''; and
       (2) in paragraph (2), by striking ``implemented'' and 
     inserting ``developed''.

[[Page 20884]]



     SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL 
                   COMMISSION ON THE STRATEGIC POSTURE OF THE 
                   UNITED STATES.

       (a) Extension of Dates.--Section 1062 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181) is amended--
       (1) in subsection (e), by striking ``December 1, 2008'' and 
     inserting ``April 1, 2009''; and
       (2) in subsection (g), by striking ``June 1, 2009'' and 
     inserting ``September 30, 2009''.
       (b) Interim Report.--Not later than December 1, 2008, the 
     Congressional Commission on the Strategic Posture of the 
     United States shall submit to the President, the Secretary of 
     Defense, the Secretary of Energy, the Secretary of State, the 
     Committee on Armed Services of the Senate, and the Committee 
     on Armed Services of the House of Representatives an interim 
     report on the commission's initial findings, conclusions, and 
     recommendations. To the extent practicable, the interim 
     report shall address the matters required to be included in 
     the report under subsection (e) of such section 1062.

     SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) The table of sections at the beginning of chapter 2 is 
     amended by inserting after the item relating to 118a the 
     following new item:

``118b. Quadrennial roles and missions review.''.
       (2) The table of sections at the beginning of chapter 5 is 
     amended in the item relating to section 156 by inserting a 
     period at the end.
       (3) The table of sections at the beginning of chapter 7 is 
     amended in the item relating to section 183 by inserting a 
     period at the end.
       (4) Section 1477(e) is amended by inserting a period at the 
     end.
       (5) Section 2192a is amended--
       (A) in subsection (e)(4), by striking ``title 11, United 
     States Code,'' and inserting ``title 11''; and
       (B) in subsection (f), by striking ``title 10, United 
     States Code'' and inserting ``this title''.
       (6) The table of chapters at the beginning of subtitle C, 
     and the table of chapters at the beginning of part IV of such 
     subtitle, are each amended by striking the item relating to 
     chapter 667 and inserting the following new item:

``667. Issue of Serviceable Material Other Than to Armed For7911''.....

       (b) National Defense Authorization Act for Fiscal Year 
     2008.--Effective as of January 28, 2008, and as if included 
     therein as enacted, the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181) is amended as 
     follows:
       (1) Section 371(c) (122 Stat. 80) is amended by striking `` 
     `operational strategies' '' and inserting `` `operational 
     systems' ''.
       (2) Section 585(b)(3)(C) (122 Stat. 132) is amended by 
     inserting ``both places it appears'' before the period at the 
     end.
       (3) Section 703(b) (122 Stat. 103) is amended by striking 
     ``as amended by'' and inserting ``as inserted by''.
       (4) Section 805(a) (122 Stat. 212) is amended by striking 
     ``Act ,'' and inserting ``Act,''.
       (5) Section 883(b) (122 Stat. 264) is amended by striking 
     ``Section 832(c)(1) of such Act, as redesignated by 
     subsection (a), is amend by'' and inserting ``Section 
     832(b)(1) of such Act is amended by''.
       (6) Section 890(d)(2) (122 Stat. 270) is amended by 
     striking ``sections'' and inserting ``parts''.
       (7) Section 904(a)(4) (122 Stat. 274) is amended by 
     striking ``131(b)(2)'' and inserting ``131(b)''.
       (8) Section 954(a)(3)(B) (122 Stat. 294) is amended by 
     inserting ``, as redesignated by section 524(a)(1)(A),'' 
     after ``of such title''.
       (9) Section 954(b)(2) (122 Stat. 294) is amended--
       (A) by striking ``2114(e) of such title'' and inserting 
     ``2114(f) of such title, as redesignated by section 
     524(a)(1)(A),''; and
       (B) by striking the period at the end and inserting ``and 
     inserting `President'.''.
       (10) Section 1063(d)(1) (122 Stat. 323) is amended by 
     striking ``a semicolon after `subsection' '' and inserting 
     ``a comma after `subsection' ''.
       (11) Section 1229(i)(3) (122 Stat. 383) is amended by 
     striking ``publically'' and inserting ``publicly''.
       (12) Section 1422(e)(2) (122 Stat. 422) is amended by 
     striking ``subsection (c)'' and inserting ``subsection 
     (c)(1)''.
       (13) Section 1602(4) (122 Stat. 432) is amended by striking 
     ``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
       (14) Section 1617(b) (122 Stat. 449) is amended by striking 
     ``by adding at the end'' and inserting ``by inserting after 
     the item relating to section 1074k''.
       (15) Section 2106 (122 Stat. 508) is amended by striking 
     ``for 2007'' both places it appears and inserting ``for 
     Fiscal Year 2007''.
       (16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by 
     striking `` `Secretary of the Army' '' and inserting `` 
     `Secretary of Army' ''.
       (c) Title 31, United States Code.--Title 31, United States 
     Code, is amended as follows:
       (1) Chapter 35 is amended by striking the first section 
     3557.
       (2) The second section 3557 is amended in the section 
     heading by striking ``Public-Private'' and inserting 
     ``public-private''.
       (3) The table of sections at the beginning of chapter 35 is 
     amended by striking the second item relating to section 3557.
       (d) Title 28, United States Code.--Section 1491(b) of title 
     28, United States Code, is amended by striking the first 
     paragraph (5).
       (e) Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005.--Section 721(e) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 1988; 10 U.S.C. 1092 note) is 
     amended by striking ``fiscal years 2005'' and all that 
     follows through ``2010'' and inserting ``fiscal years 2005 
     through 2010''.

     SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH 
                   RESPECT TO CERTAIN NONPROLIFERATION AND 
                   PROLIFERATION ACTIVITIES.

       (a) Notification With Respect to Nonproliferation 
     Activities.--The Secretary of Defense, the Secretary of 
     Energy, the Secretary of Commerce, the Secretary of State, 
     and the Nuclear Regulatory Commission shall keep the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives informed 
     with respect to--
       (1) any activities undertaken by any such Secretary or the 
     Commission to carry out the purposes and policies of the 
     Secretaries and the Commission with respect to 
     nonproliferation programs; and
       (2) any other activities undertaken by any such Secretary 
     or the Commission to prevent the proliferation of nuclear, 
     chemical, or biological weapons or the means of delivery of 
     such weapons.
       (b) Notification With Respect to Proliferation Activities 
     in Foreign Nations.--
       (1) In general.--The Director of National Intelligence 
     shall keep the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives fully and currently informed with respect to 
     any activities of foreign nations that are significant with 
     respect to the proliferation of nuclear, chemical, or 
     biological weapons or the means of delivery of such weapons.
       (2) Fully and currently informed defined.--For purposes of 
     paragraph (1), the term ``fully and currently informed'' 
     means the transmittal of credible information with respect to 
     an activity described in such paragraph not later than 60 
     days after becoming aware of the activity.

     SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED 
                   CENTER FOR NORTH AMERICAN AEROSPACE DEFENSE 
                   COMMAND AND UNITED STATES NORTHERN COMMAND.

       (a) Assessment Required.--The Secretary of Defense shall 
     conduct an assessment of the adequacy of security measures 
     for the consolidated command center for North American 
     Aerospace Defense Command and United States Northern Command 
     at Peterson Air Force Base, Colorado.
       (b) Elements.--The assessment required in paragraph (a) 
     shall include the following:
       (1) A description of the security measures taken and 
     planned for the consolidated command center as of October 1, 
     2008.
       (2) An assessment of whether existing and planned security 
     measures for the consolidated command center are adequate to 
     provide the necessary level of protection.
       (3) An estimate of the total costs associated with such 
     security measures adequate to provide the necessary level of 
     protection.
       (c) Report Required.--Not later than March 1, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report containing the results of the 
     assessment required in subsection (a).
       (d) Additional Requirement.--The Secretary of Defense shall 
     ensure that redundant facilities and equipment, along with 
     the appropriate manning necessary to ensure the continuity of 
     operations, are maintained at Cheyenne Mountain Air Force 
     Station until the Secretary certifies that security measures 
     have been instituted that bring the consolidated command 
     center for North American Aerospace Defense Command and 
     United States Northern Command into full compliance with 
     Protection Level One requirements, as defined by Air Force 
     Instruction 31-101, dated March 1, 2007.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority to waive annual limitation on premium pay and 
              aggregate limitation on pay for Federal civilian   
              employees working overseas.
Sec. 1102. Temporary discretionary authority to grant allowances, 
              benefits, and gratuities to personnel on official duty in 
              a combat zone.
Sec. 1103. Election of insurance coverage by Federal civilian employees 
              deployed in support of a contingency operation.
Sec. 1104. Extension of authority to make lump-sum severance payments.
Sec. 1105. Extension of voluntary reduction-in-force authority of 
              Department of Defense.
Sec. 1106. Enhancement of authorities relating to additional positions 
              under the national security personnel system.

[[Page 20885]]

Sec. 1107. Expedited hiring authority for health care professionals.
Sec. 1108. Direct hire authority at personnel demonstration 
              laboratories for certain candidates.
Sec. 1109. Status reports relating to laboratory personnel 
              demonstration projects.
Sec. 1110. Technical amendment relating to definition of professional 
              accounting position for purposes of certification and 
              credentialing standards.
Sec. 1111. Exceptions and adjustments to limitations on personnel and 
              reports on such exceptions and adjustments.

     SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM 
                   PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL 
                   CIVILIAN   EMPLOYEES WORKING OVERSEAS.

       (a) Waiver Authority.--During calendar year 2009, and 
     notwithstanding section 5547 of title 5, United States Code, 
     the head of an Executive agency may waive the premium pay 
     limitations established in that section up to the annual rate 
     of salary payable to the Vice President under section 104 of 
     title 3, United States Code, for an employee who performs 
     work while in an overseas location that is in the area of 
     responsibility of the Commander of the United States Central 
     Command, or an overseas location that was formerly in the 
     area of responsibility of the Commander of the United States 
     Central Command but has been moved to the area of 
     responsibility of the Commander of the United States Africa 
     Command, in direct support of, or directly related to--
       (1) a military operation, including a contingency 
     operation; or
       (2) an operation in response to a national emergency 
     declared by the President.
       (b) Applicability of Aggregate Limitation on Pay.--Section 
     5307 of title 5, United States Code, shall not apply to any 
     employee in any calendar year in which that employee is 
     granted a waiver under subsection (a).
       (c) Additional Pay Not Considered Basic Pay.--To the extent 
     that a waiver under subsection (a) results in payment of 
     additional premium pay of a type that is normally creditable 
     as basic pay for retirement or any other purpose, such 
     additional pay shall not be considered to be basic pay for 
     any purpose, nor shall it be used in computing a lump-sum 
     payment for accumulated and accrued annual leave under 
     section 5551 of title 5, United States Code.
       (d) Regulations.--The Director of the Office of Personnel 
     Management may issue regulations to ensure appropriate 
     consistency among heads of executive agencies in the exercise 
     of authority granted by this section.

     SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT 
                   ALLOWANCES, BENEFITS, AND GRATUITIES TO 
                   PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.

       (a) In General.--Section 1603(a) of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 443) is amended--
       (1) by striking ``During fiscal years 2006, 2007, and 
     2008'' and inserting ``(1) During fiscal years 2006 
     (including the period beginning on October 1, 2005, and 
     ending on June 15, 2006), 2007, and 2008''; and
       (2) by adding at the end the following:
       ``(2) During fiscal years 2009, 2010, and 2011, the head of 
     an agency may, in the agency head's discretion, provide to an 
     individual employed by, or assigned or detailed to, such 
     agency allowances, benefits, and gratuities comparable to 
     those provided by the Secretary of State to members of the 
     Foreign Service under section 413 and chapter 9 of title I of 
     the Foreign Service Act of 1980, if such individual is on 
     official duty in a combat zone (as defined by section 112(c) 
     of the Internal Revenue Code of 1986).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Hurricane Recovery, 2006 (Public 
     Law 109-234).

     SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN 
                   EMPLOYEES DEPLOYED IN SUPPORT OF A CONTINGENCY 
                   OPERATION.

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

     SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE 
                   PAYMENTS.

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

     SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE 
                   AUTHORITY OF DEPARTMENT OF DEFENSE.

       Section 3502(f)(5) of title 5, United States Code, is 
     amended by striking ``September 30, 2010'' and inserting 
     ``September 30, 2014''.

     SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL 
                   POSITIONS UNDER THE NATIONAL SECURITY PERSONNEL 
                   SYSTEM.

       Section 9902(i) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``the requirements of 
     chapter 71 and the limitations in subsection (b)(3)'' and 
     inserting ``the requirements and limitations in paragraph 
     (3)''; and
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``, in a manner comparable to that in which such 
     provisions are applied under chapter 33.
       ``(3) Any action taken by the Secretary pursuant to the 
     authority of this subsection shall be subject to--
       ``(A) the requirements of chapter 71; and
       ``(B) the limitations in subsection (b)(3), except that the 
     requirements of chapter 33 may be waived to the extent 
     necessary to achieve the purposes of this subsection.''.

     SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE 
                   PROFESSIONALS.

       (a) Expedited Hiring Authority.--Section 1599c(a) of title 
     10, United States Code, is amended--
       (1) by inserting ``(1)'' before ``The Secretary of Defense 
     may''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) For purposes of sections 3304, 5333, and 5753 of 
     title 5, the Secretary of Defense may--
       ``(i) designate any category of medical or health 
     professional positions within the Department of Defense as 
     shortage category positions; and
       ``(ii) utilize the authorities in such sections to recruit 
     and appoint highly qualified persons directly to positions so 
     designated.
       ``(B) In using the authority provided by this paragraph, 
     the Secretary shall apply the principles of preference for 
     the hiring of veterans and other persons established in 
     subchapter 1 of chapter 33 of title 5.''.
       (b) Termination of Authority.--Section 1599c(c) of such 
     title is amended--
       (1) by inserting ``(1)'' before ``The authority of'';
       (2) by striking ``September 30, 2010'' and inserting 
     ``September 30, 2012''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The Secretary may not appoint a person to a position 
     of employment under subsection (a)(2) after September 30, 
     2012.''.

     SEC. 1108. DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION 
                   LABORATORIES FOR CERTAIN CANDIDATES.

       (a) Authority.--The Secretary of Defense may appoint 
     qualified candidates possessing an advanced degree to 
     positions described in subsection (b) without regard to the 
     provisions of subchapter I of chapter 33 of title 5, United 
     States Code, other than sections 3303 and 3328 of such title.
       (b) Applicability.--This section applies with respect to 
     candidates for scientific and engineering positions within 
     any laboratory identified in section 9902(c)(2) of title 5, 
     United States Code.
       (c) Limitation.--(1) Authority under this section may not, 
     in any calendar year and with respect to any laboratory, be 
     exercised with respect to a number of candidates greater than 
     the number equal to 2 percent of the total number of 
     scientific and engineering positions within such laboratory 
     that are filled as of the close of the fiscal year last 
     ending before the start of such calendar year.
       (2) For purposes of this subsection, positions and 
     candidates shall be counted on a full-time equivalent basis.

[[Page 20886]]

       (d) Employee Defined.--As used in this section, the term 
     ``employee'' has the meaning given such term by section 2105 
     of title 5, United States Code.
       (e) Termination.--The authority to make appointments under 
     this section shall not be available after December 31, 2013.

     SEC. 1109. STATUS REPORTS RELATING TO LABORATORY PERSONNEL 
                   DEMONSTRATION PROJECTS.

       Section 1107 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357) is 
     amended by adding at the end the following:
       ``(e) Status Reports.--
       ``(1) In general.--Not later than 45 days after the date of 
     the enactment of this Act and not later than March 1 of each 
     year beginning after the date on which the first report under 
     this subsection is submitted, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives a report providing, with respect to 
     the year before the year in which such report is submitted, 
     the information described in paragraph (2).
       ``(2) Information required.--Each report under this 
     subsection shall describe the following:
       ``(A) The actions taken by the Secretary of Defense under 
     subsection (a) during the year covered by the report.
       ``(B) The progress made by the Secretary of Defense during 
     such year in developing and implementing the plan required by 
     subsection (b), including the anticipated date for completion 
     of such plan and a list and description of any issues 
     relating to the development or implementation of such plan.
       ``(C) With respect to any applications by any Department of 
     Defense laboratories seeking to be designated as a 
     demonstration laboratory or to otherwise obtain any of the 
     personnel flexibilities available to a demonstration 
     laboratory--
       ``(i) the number of applications that were received, 
     pending, or acted on during such year;
       ``(ii) the status or disposition of any applications under 
     clause (i), including, in the case of any application on 
     which a final decision was rendered, the laboratory involved, 
     what the laboratory had requested, the decision reached, and 
     the reasons for the decision; and
       ``(iii) in the case of any applications under clause (i) on 
     which a final decision was not rendered, the date by which a 
     final decision is anticipated.
       ``(3) Definition.--For purposes of this subsection, the 
     term `demonstration laboratory' means a laboratory designated 
     by the Secretary of Defense under the provisions of section 
     342(b) of the National Defense Authorization Act for Fiscal 
     Year 1995 (as cited in subsection (a)).''.

     SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF 
                   PROFESSIONAL ACCOUNTING POSITION FOR PURPOSES 
                   OF CERTIFICATION AND CREDENTIALING STANDARDS.

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

     SEC. 1111. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON 
                   PERSONNEL AND REPORTS ON SUCH EXCEPTIONS AND 
                   ADJUSTMENTS.

       (a) Exception to Limitations on Personnel.--For fiscal year 
     2009 and fiscal years thereafter, the baseline personnel 
     limitations in sections 143, 194, 3014, 5014, and 8014 of 
     title 10, United States Code (as adjusted pursuant to 
     subsection (b)), shall not apply to--
       (1) acquisition personnel hired pursuant to the expedited 
     hiring authority provided in section 1705(h) of title 10, 
     United States Code, as amended by section 821 of this Act, or 
     otherwise hired with funds in the Department of Defense 
     Acquisition Workforce Development Fund established in 
     accordance with section 1705(a) of such title; or
       (2) personnel hired pursuant to a shortage category 
     designation by the Secretary of Defense or the Director of 
     the Office of Personnel Management.
       (b) Authority to Adjust Limitations on Personnel.--For 
     fiscal year 2009 and for four fiscal years thereafter, the 
     Secretary of Defense or a secretary of a military department 
     may adjust the baseline personnel limitations in sections 
     143, 194, 3014, 5014 and 8014 of title 10, United States 
     Code, to--
       (1) fill a gap in the civilian workforce of the Department 
     of Defense identified by the Secretary of Defense in a 
     strategic human capital plan submitted to Congress in 
     accordance with the requirements of--
       (A) section 1122 of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. prec. 
     1580 note);
       (B) section 1102 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2407); or
       (C) section 851 of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. note 
     prec. 1580); or
       (2) accommodate increases in workload or modify the type of 
     personnel required to accomplish work, for any purpose 
     described in paragraphs (1) through (4) of subsection (c).
       (c) Limitation on Authority to Adjust Limitations on 
     Personnel.--The Secretary of Defense or the secretary of a 
     military department may not increase a baseline personnel 
     limitation under paragraph (2) of subsection (b) by more than 
     5 percent in a fiscal year. An increase in a baseline 
     personnel limitation under such paragraph may be made for any 
     of the following purposes:
       (1) Performance of inherently governmental functions.
       (2) Performance of work pursuant to section 2463 of title 
     10 United States Code.
       (3) Ability to maintain sufficient organic expertise and 
     technical capability.
       (4) Performance of work that, while the position may not 
     exercise an inherently governmental function, nevertheless 
     should be performed only by officers or employees of the 
     Federal Government or members of the Armed Forces because of 
     the critical nature of the work.
       (d) Report Required.--The Secretary of Defense shall submit 
     a report to the congressional defense committees on the 
     implementation of this section at the same time that the 
     defense budget materials for each of the four fiscal years 
     after fiscal year 2009 are presented to Congress. The report 
     shall include the following information regarding the 
     implementation of this section during the preceding fiscal 
     year:
       (1) The average number of military personnel, civilian 
     employees of the Department of Defense, and contractor 
     employees assigned to or detailed to permanent duty in--
       (A) the Office of the Secretary of Defense;
       (B) the management headquarters activities and management 
     headquarters support activities in the Defense Agencies and 
     Department of Defense Field Activities;
       (C) the Office of the Secretary of the Army and the Army 
     Staff;
       (D) the Office of the Secretary of the Navy, the Office of 
     Chief of Naval Operations, and the Headquarters, Marine 
     Corps; and
       (E) the Office of the Secretary of the Air Force and the 
     Air Staff.
       (2) An estimate of the number of personnel hired pursuant 
     to an exception in subsection (a) in each office described in 
     subparagraphs (A) through (E) of paragraph (1).
       (3) The amount of any adjustment in the limitation on 
     personnel made by the Secretary of Defense or the secretary 
     of a military department, and, for each adjustment made 
     pursuant to subsection (b)(2), the purpose of the adjustment.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

[[Page 20887]]

                       Subtitle C--Other Matters

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

                  Subtitle A--Assistance and Training

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

       (a) Authority.--Subsection (a) of section 1206 of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 366) is amended by striking 
     ``during fiscal year 2008'' and inserting ``during fiscal 
     years 2008 and 2009''.
       (b) Funding Limitation.--Subsection (c)(1) of such section 
     is amended by inserting after ``fiscal year 2008'' the 
     following: ``and up to $25,000,000 of funds available to the 
     Department of Defense for operation and maintenance for 
     fiscal year 2009''.

     SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR 
                   MILITARY-TO-MILITARY CONTACTS AND COMPARABLE 
                   ACTIVITIES.

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

     SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY 
                   INCREMENTAL EXPENSES FOR PARTICIPATION OF 
                   DEVELOPING COUNTRIES IN COMBINED EXERCISES.

       (a) In General.-- Section 2010 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Funds available to carry out this section shall be 
     available, to the extent provided in appropriations Acts, for 
     bilateral or multilateral military exercises that begin in a 
     fiscal year and end in the following fiscal year.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to bilateral and multilateral military exercises 
     described in section 2010 of title 10, United States Code, as 
     so amended, that begin on or after that date.

     SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE 
                   ACQUISITION AND CROSS-SERVICING AGREEMENTS TO 
                   LEND MILITARY EQUIPMENT FOR PERSONNEL 
                   PROTECTION AND SURVIVABILITY.

       (a) Semiannual Reports to Congressional Committees.--
     Subsection (b)(3) of section 1202 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 120 Stat. 2412) is amended by adding at the end the 
     following new subparagraph:
       ``(E) With respect to equipment provided to each foreign 
     force that is not returned to the United States, a 
     description of the terms of disposition of the equipment to 
     the foreign force.
       ``(F) The percentage of equipment provided to foreign 
     forces under the authority of this section that is not 
     returned to the United States.''.
       (b) Expiration.--Subsection (e) of such section, as amended 
     by section 1252(b) of National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 402), is 
     further amended by striking ``September 30, 2009'' and 
     inserting ``September 30, 2011''.

     SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN 
                   PERSONNEL OF EDUCATION AND TRAINING MATERIALS 
                   AND INFORMATION TECHNOLOGY TO ENHANCE MILITARY 
                   INTEROPERABILITY WITH THE ARMED FORCES.

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

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

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

``2249d. Distribution to certain foreign personnel of education and 
              training materials and information technology to enhance 
              military interoperability with the armed forces.''.
       (b) Guidance on Utilization of Authority.--
       (1) Submittal to congress.--Not later than 30 days after 
     issuing the guidance required by section 2249d(e) of title 
     10, United States Code, as added by subsection (a), the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report setting forth such guidance.
       (2) Utilization of similar guidance.--In developing the 
     guidance required by section 2249d(e) of title 10, United 
     States Code, as so added, the Secretary may utilize 
     applicable portions of the current guidance developed by the 
     Secretary under subsection (f) of section 1207 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2419) for purposes of the 
     exercise of the authority in such section 1207.
       (c) Repeal of Superseded Authority.--
       (1) In general.--Section 1207 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 is repealed.
       (2) Submittal of final report on exercise of authority.--If 
     the Secretary of Defense exercised the authority in section 
     1207 of the John Warner National Defense Authorization Act 
     for Fiscal Year 2007 during fiscal year 2008, the Secretary 
     shall submit the report required by subsection (g) of such 
     section for such fiscal year in accordance

[[Page 20888]]

     with the provisions of such subsection (g) without regard to 
     the repeal of such section under paragraph (1).
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2008.

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

       (a) Building of Capacity of Additional Foreign Forces.--
     Subsection (a) of section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3456), as amended by section 1206 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2418), is further amended 
     by striking ``a program'' and all that follows and inserting 
     ``a program or programs as follows:
       ``(1) To build the capacity of a foreign country's national 
     military forces in order for that country to--
       ``(A) conduct counterterrorism operations; or
       ``(B) participate in or support military and stability 
     operations in which the United States Armed Forces are 
     participating.
       ``(2) To build the capacity of a foreign country's maritime 
     security forces to conduct counterterrorism operations.''.
       (b) Funding.--Subsection (c) of such section, as so 
     amended, is further amended--
       (1) in paragraph (1), by striking ``$300,000,000'' and 
     inserting ``$350,000,000''; and
       (2) by adding at the end the following new paragraph:
       ``(4) Availability of funds for activities across fiscal 
     years.--Amounts available under this subsection for the 
     authority in subsection (a) for a fiscal year may be used for 
     programs under that authority that begin in such fiscal year 
     but end in the next fiscal year.''.
       (c) Three-Year Extension of Authority.--Subsection (g) of 
     such section, as so amended, is further amended--
       (1) by striking ``September 30, 2008'' and inserting 
     ``September 30, 2011''; and
       (2) by striking ``fiscal year 2006, 2007, or 2008'' and 
     inserting ``fiscal years 2006 through 2011''.
       (d) Effective Date.--The amendment made by subsection 
     (b)(2) shall take effect on October 1, 2008, and shall apply 
     with respect to programs under the authority in subsection 
     (a) of section 1206 of the National Defense Authorization Act 
     for Fiscal Year 2006, as so amended, that begin on or after 
     that date.

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

       (a) Prohibition on Budget Support.--Subsection (a) of 
     section 1207 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458) is 
     amended--
       (1) by striking ``The Secretary of Defense'' and inserting 
     the following:
       ``(1) In general.--The Secretary of Defense''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Prohibition on budget support.--Nothing in this 
     section shall be construed to authorize the provision of 
     budget support to any foreign country.''.
       (b) Assistance to Georgia During Fiscal Year 2009.--
     Subsection (b) of such section is amended--
       (1) by striking ``The aggregate value'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), the 
     aggregate value''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Assistance to georgia during fiscal year 2009.--
       ``(A) In general.--The Secretary of Defense is authorized 
     during fiscal year 2009 to exercise the authority of 
     subsection (a) to provide services to, and transfer defense 
     articles and funds to, the Secretary of State for the 
     purposes of facilitating the provision by the Secretary of 
     State of reconstruction, security, or stabilization 
     assistance to the country of Georgia.
       ``(B) Limitation.--The aggregate value of all services, 
     defense articles, and funds provided or transferred to the 
     Secretary of State under this section for Georgia in fiscal 
     year 2009--
       ``(i) may not exceed $50,000,000; and
       ``(ii) shall not count against the dollar amount limitation 
     specified in paragraph (1) for such fiscal year.''.
       (c) Extension of Authority.--Subsection (g) of such 
     section, as amended by section 1210(b) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 369), is further amended by striking 
     ``September 30, 2008'' and inserting ``September 30, 2009''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

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

       (a) In General.--Subsection (a) of section 1208 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086) is 
     amended--
       (1) by inserting ``, with the concurrence of the relevant 
     Chief of Mission,'' after ``may''; and
       (2) by striking ``$25,000,000'' and inserting 
     ``$35,000,000''.
       (b) Timing of Notice on Provision of Support.--Subsection 
     (c) of such section is amended by striking ``in not less than 
     48 hours'' and inserting ``within 48 hours''.
       (c) Extension.--Subsection (h) of such section, as amended 
     by section 1202(c) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is 
     further amended by striking ``2010'' and inserting ``2013''.
       (d) Technical Amendment.--The heading of such section is 
     amended by striking ``MILITARY OPERATIONS'' and inserting 
     ``SPECIAL OPERATIONS''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

     SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF 
                   EDUCATION AND TRAINING OF FOREIGN MILITARY 
                   FORCES UNDER REGIONAL DEFENSE COMBATING 
                   TERRORISM FELLOWSHIP PROGRAM.

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

       No funds appropriated pursuant to an authorization of 
     appropriations in this Act may be obligated or expended for a 
     purpose as follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control of the oil resources 
     of Iraq.

     SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE 
                   UNITED STATES AND IRAQ.

       (a) Requirement for Report.--
       (1) In general.--(A) Not later than 90 days after the date 
     of the enactment of this Act, the President shall transmit to 
     the appropriate congressional committees a report on any 
     agreement that has been completed between the United States 
     and Iraq relating to--
       (i) the legal status of United States military personnel, 
     civilian personnel, and contractor personnel of contracts 
     awarded by any department or agency of the United States 
     Government;
       (ii) the establishment of or access to military bases;
       (iii) the rules of engagement under which United States 
     Armed Forces operate in Iraq; and
       (iv) any security commitment, arrangement, or assurance 
     that obligates the United States to respond to internal or 
     external threats against Iraq.
       (B) If, on the date that is 90 days after the date of the 
     enactment of this Act, no agreement between the United States 
     and Iraq described in subparagraph (A) has been completed, 
     the President shall notify the appropriate congressional 
     committees that no such agreement has been completed, and 
     shall transmit to the appropriate congressional committees 
     the report required under subparagraph (A) as soon as 
     practicable after such an agreement or agreements are 
     completed.
       (2) Update of report.--The President shall transmit to the 
     appropriate congressional committees an update of the report 
     required under paragraph (1) whenever an agreement between 
     the United States and Iraq relating to the matters described 
     in the report is substantially revised.
       (b) Matters to Be Included.--The report required under 
     subsection (a) shall include, with respect to each agreement 
     described in subsection (a), the following:
       (1) A description of any conditions placed on United States 
     combat operations by the Government of Iraq, including 
     required coordination, if any, before such operations can be 
     undertaken.
       (2) A description of any constraints placed on United 
     States military personnel, civilian personnel, and contractor 
     personnel of contracts awarded by any department or agency of 
     the United States Government as a result of such conditions.
       (3) A description of the conditions under which United 
     States military personnel, civilian personnel, or contractor 
     personnel of contracts awarded by any department or agency of 
     the United States Government could be tried by an Iraqi court 
     for alleged crimes occurring both during the performance of 
     official duties and during other such times, and the 
     protections that such personnel would be extended in an Iraqi 
     court, if applicable.

[[Page 20889]]

       (4) An assessment of authorities under the agreement for 
     United States Armed Forces and Coalition partners to 
     apprehend, detain, and interrogate prisoners and otherwise 
     collect intelligence.
       (5) A description of any security commitment, arrangement, 
     or assurance that obligates the United States to respond to 
     internal or external threats against Iraq, including the 
     manner in which such commitment, arrangement, or assurance 
     may be implemented.
       (6) An assessment of any payments required under the 
     agreement to be paid to the Government of Iraq or other Iraqi 
     entities for rights, access, or support for bases and 
     facilities.
       (7) An assessment of any payments required under the 
     agreement for any claims for deaths and damages caused by 
     United States military personnel, civilian personnel, and 
     contractor personnel of contracts awarded by any department 
     or agency of the United States Government in the performance 
     of their official duties.
       (8) A description of the arrangements required under the 
     agreement to resolve disputes arising over matters contained 
     in the agreement or to consider changes to the agreement.
       (9) A discussion of the extent to which the agreement 
     applies to other Coalition partners.
       (10) A description of how the agreement can be terminated 
     by the United States or Iraq.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.
       (e) Termination of Requirement.--
       (1) In general.--Except as provided in paragraph (2), the 
     requirement to transmit the report and updates of the report 
     under subsection (a) terminates on December 31, 2009.
       (2) Exception.--The requirement to transmit the report and 
     updates of the report under subsection (a) terminates before 
     December 31, 2009, if the following conditions are met:
       (A) The President transmits to the appropriate 
     congressional committees the text of any agreement between 
     the United States and Iraq described in subsection (a)(1)(A) 
     and any amendment or update thereto.
       (B) Within 30 days of transmission of the agreement, the 
     President makes available appropriate senior officials to 
     brief the appropriate congressional committees on the matters 
     covered by the agreement or any amendment or update thereto.

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

       (a) In General.--The President shall establish and 
     implement a strategy for United States-led Provincial 
     Reconstruction Teams (PRTs), including embedded PRTs and 
     Provincial Support Teams, in Iraq that ensures that such 
     United States-led PRTs are--
       (1) supporting the operational and strategic goals of the 
     Multi-National Force-Iraq; and
       (2) developing the capacity of national, provincial, and 
     local government and other civil institutions in Iraq to 
     assume increasing responsibility for the formulation, 
     implementation, and oversight of reconstruction and 
     development activities.
       (b) Elements of Strategy.--At a minimum, the strategy 
     required under subsection (a) shall include--
       (1) a mission statement and clearly defined objectives for 
     United States-led PRTs as a whole;
       (2) a mission statement and clearly defined objectives for 
     each United States-led PRT; and
       (3) measures of effectiveness and performance indicators 
     for meeting the objectives of each United States-led PRT as 
     described in paragraph (2).
       (c) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter 
     through the end of fiscal year 2010, the President shall 
     transmit to the appropriate congressional committees a report 
     on the implementation of the strategy required under 
     subsection (a), including an assessment of the specific 
     contributions United States-led PRTs are making to implement 
     the strategy. The initial report required under this 
     subsection should include a general description of the 
     strategy required under subsection (a) and a general 
     discussion of the elements of the strategy required under 
     subsection (b).
       (2) Inclusion in other report.--The report required under 
     this subsection may be included in the report required by 
     section 1227 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate.

     SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

       (a) Authority for Fiscal Years 2008 and 2009.--Subsection 
     (a) of section 1202 of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as 
     amended by section 1205 of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366), 
     is further amended in the matter preceding paragraph (1)--
       (1) by striking ``$977,441,000'' and inserting 
     ``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in 
     fiscal year 2009,''; and
       (2) by striking ``in such fiscal year''.
       (b) Quarterly Reports.--Subsection (b) of such section, as 
     so amended, is further amended--
       (1) in the heading, by inserting ``and Briefings'' after 
     ``Reports'';
       (2) by striking ``Not later than'' and inserting the 
     following:
       ``(1) In general.--Not later than''; and
       (3) by adding at the end the following new paragraphs:
       ``(2) Additional matters to be included.--In addition to 
     the information described in paragraph (1), each report 
     required under paragraph (1) that contains information on 
     projects carried out using funds authorized under the 
     Commanders' Emergency Response Program in Iraq shall include 
     the following:
       ``(A) A listing of each project for which amounts in excess 
     of $500,000 provided through the Commanders' Emergency 
     Response Program in Iraq were expended.
       ``(B) A written statement by the Secretary of Defense, or 
     the Deputy Secretary of Defense if the authority under 
     subsection (f) is delegated to the Deputy Secretary of 
     Defense, affirming that the certification required under 
     subsection (f) was issued for each project in Iraq for which 
     amounts in excess of $1,000,000 provided through the 
     Commanders' Emergency Response Program in Iraq were expended.
       ``(C) For each project listed in subparagraph (A), the 
     following information:
       ``(i) A description and justification for carrying out the 
     project
       ``(ii) A description of the extent of involvement by the 
     Government of Iraq in the project, including--

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

       ``(iii) A description of the current status of the project, 
     including, where appropriate, the projected completion date.
       ``(D) A description of the status of transitioning 
     activities carried out under the Commanders' Emergency 
     Response Program in Iraq to the Government of Iraq, 
     including--
       ``(i) the level of funding provided by the Government of 
     Iraq for the Government of Iraq Commanders' Emergency 
     Response Program (commonly known as `I-CERP');
       ``(ii) the level of funding provided and expended by the 
     Government of Iraq in other programs designed to meet urgent 
     humanitarian relief and reconstruction requirements that 
     immediately assist the Iraqi people; and
       ``(iii) a description of the progress made in transitioning 
     the responsibility for the Sons of Iraq Program to the 
     Government of Iraq.
       ``(3) Briefings.--Not later than 15 days after the 
     submission of each report under paragraph (1), appropriate 
     officials of the Department of Defense shall meet with the 
     congressional defense committees to brief such committees on 
     the matters contained in the report.''.
       (c) Prohibition on Certain Projects Under the Commanders' 
     Emergency Response Program in Iraq.--Such section, as so 
     amended, is further amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Prohibition on Certain Projects Under the Commanders' 
     Emergency Response Program in Iraq.--
       ``(1) Prohibition.--Except as provided in paragraph (2), 
     funds made available under this section for the Commanders' 
     Emergency Response Program in Iraq may not be obligated or 
     expended to carry out any project commenced after the date of 
     the enactment of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 if the total amount of 
     such funds made available for the purpose of carrying out the 
     project exceeds $2,000,000.
       ``(2) Exception.--The prohibition contained in paragraph 
     (1) shall not apply with respect to funds managed or 
     controlled by the Department of Defense that were otherwise 
     provided by another department or agency of the United States 
     Government, the

[[Page 20890]]

     Government of Iraq, the government of a foreign country, a 
     foundation or other charitable organization (including a 
     foundation or charitable organization that is organized or 
     operates under the laws of a foreign country), or any source 
     in the private sector of the United States or a foreign 
     country.
       ``(3) Waiver.--The Secretary of Defense may waive the 
     prohibition contained in paragraph (1) if the Secretary of 
     Defense--
       ``(A) determines that such a waiver is required to meet 
     urgent humanitarian relief and reconstruction requirements 
     that will immediately assist the Iraqi people; and
       ``(B) submits in writing, within 15 days of issuing such 
     waiver, to the congressional defense committees a 
     notification of the waiver, together with a discussion of--
       ``(i) the unmet and urgent needs to be addressed by the 
     project; and
       ``(ii) any arrangements between the Government of the 
     United States and the Government of Iraq regarding the 
     provision of Iraqi funds for carrying out and sustaining the 
     project .''.
       (d) Certification on Certain Projects Under the Commanders' 
     Emergency Response Program in Iraq.--Such section, as so 
     amended, is further amended--
       (1) by redesignating subsection (f), as redesignated by 
     subsection (c) of this section, as subsection (g); and
       (2) by inserting after subsection (e), as added by 
     subsection (c) of this section, the following new subsection:
       ``(f) Certification on Certain Projects Under the 
     Commanders' Emergency Response Program in Iraq.--
       ``(1) Certification.--Funds made available under this 
     section for the Commanders' Emergency Response Program in 
     Iraq may not be obligated or expended to carry out any 
     project commenced after the date of the enactment of the 
     Duncan Hunter National Defense Authorization Act for Fiscal 
     Year 2009 if the total amount of such funds made available 
     for the purpose of carrying out the project exceeds 
     $1,000,000 unless the Secretary of Defense certifies that the 
     project addresses urgent humanitarian relief and 
     reconstruction requirements that will immediately assist the 
     Iraqi people.
       ``(2) Delegation.--The Secretary may delegate the authority 
     under paragraph (1) to the Deputy Secretary of Defense.''.
       (e) Sense of Congress.--It is the sense of Congress that 
     the Government of Iraq should assume increasing 
     responsibility for funding and carrying out projects 
     currently funded by the United States through the Commanders' 
     Emergency Response Program, and should assume all costs 
     associated with the Sons of Iraq program as expeditiously as 
     possible.

     SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-
                   LED PROVINCIAL RECONSTRUCTION TEAMS IN 
                   AFGHANISTAN.

       (a) In General.--The President, acting through the 
     Secretary of Defense and the Secretary of State, shall 
     develop and implement a system to monitor the performance of 
     United States-led Provincial Reconstruction Teams (PRTs) in 
     Afghanistan.
       (b) Elements of Performance Monitoring System.--The 
     performance monitoring system required under subsection (a) 
     shall include--
       (1) PRT-specific work plans that incorporate the long-term 
     strategy, mission, and clearly defined objectives required by 
     section 1230(c)(3) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 386), and 
     include plans for developing the capacity of national, 
     provincial, and local government and other civil institutions 
     in Afghanistan to assume increasing responsibility for the 
     formulation, implementation, and oversight of reconstruction 
     and development activities; and
       (2) comprehensive performance indicators and measures of 
     progress toward sustainable long-term security and stability 
     in Afghanistan, and include performance standards and 
     progress goals together with a notional timetable for 
     achieving such goals, consistent with the requirements of 
     section 1230(d) of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 388).
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the 
     implementation of the performance monitoring system required 
     under subsection (a).
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate.

     SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR 
                   MILITARY FORCES OPERATING IN AFGHANISTAN.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, or December 1, 2008, whichever 
     occurs later, the Secretary of Defense shall submit to the 
     appropriate congressional committees a report on the command 
     and control structure for military forces operating in 
     Afghanistan.
       (b) Matters to Be Included.--The report required under 
     subsection (a) shall include the following:
       (1) A detailed description of efforts by the Secretary of 
     Defense, in coordination with senior leaders of NATO ISAF 
     forces, including the commander of NATO ISAF forces, to 
     modify the chain of command structure for military forces 
     operating in Afghanistan to better coordinate and de-conflict 
     military operations and achieve unity of command whenever 
     possible in Afghanistan, and the results of such efforts, 
     including--
       (A) any United States or NATO ISAF plan for improving the 
     command and control structure for military forces operating 
     in Afghanistan; and
       (B) any efforts to establish a headquarters in Afghanistan 
     that is led by a commander--
       (i) with command authority over NATO ISAF forces and 
     separate United States forces operating under Operation 
     Enduring Freedom and charged with closely coordinating the 
     efforts of such forces; and
       (ii) responsible for coordinating other United States and 
     international security efforts in Afghanistan.
       (2) A description of how rules of engagement are determined 
     and managed for United States forces operating under NATO 
     ISAF or Operation Enduring Freedom, and a description of any 
     key differences between rules of engagement for NATO ISAF 
     forces and separate United States forces operating under 
     Operation Enduring Freedom.
       (3) An assessment of how any modifications to the command 
     and control structure for military forces operating in 
     Afghanistan would impact coordination of military and 
     civilian efforts in Afghanistan.
       (c) Update of Report.--The Secretary of Defense shall 
     submit to the appropriate congressional committees an update 
     of the report required under subsection (a) as warranted by 
     any modifications to the command and control structure for 
     military forces operating in Afghanistan as described in the 
     report.
       (d) Form.--The report required under subsection (a) and any 
     update of the report required under subsection (c) shall be 
     submitted in an unclassified form, but may include a 
     classified annex, if necessary.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.

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

       (a) Additional Reports Required.--Subsection (a) of section 
     1232 of the National Defense Authorization Act for Fiscal 
     Year 2008 (Public Law 110-181; 122 Stat. 392) is amended--
       (1) in the heading of paragraph (1), by striking ``In 
     general'' and inserting ``Initial report'';
       (2) by striking paragraph (4);
       (3) by redesignating paragraph (3) as paragraph (4); and
       (4) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Subsequent reports.--Concurrent with the submission 
     of each report submitted under section 1230 after the date of 
     the enactment of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009, the Secretary of 
     Defense, in consultation with the Secretary of State, shall 
     submit to the appropriate congressional committees, a report 
     on enhancing security and stability in the region along the 
     border of Afghanistan and Pakistan. Each such report shall 
     include the following:
       ``(A) A description of the matters required to be included 
     in the initial report required under paragraph (1).
       ``(B) A description of any peace agreements between the 
     Government of Pakistan and tribal leaders from regions along 
     the Afghanistan-Pakistan border that contain commitments to 
     prevent cross-border incursions into Afghanistan and any 
     mechanisms in such agreements to enforce such commitments.
       ``(C) An assessment of the effectiveness of such peace 
     agreements in preventing cross-border incursions and of the 
     Government of Pakistan in enforcing those agreements.''.
       (b) Copy of Notification Relating to Department of Defense 
     Coalition Support Funds for Pakistan.--Subsection (b)(1) of 
     such section is amended by adding at the end the following 
     new subparagraph:
       ``(C) Copy of notification.--The Secretary of Defense shall 
     submit to the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a copy of each notification required under 
     subparagraph (A).''.
       (c) Additional Information on Department of Defense 
     Coalition Support Funds for Pakistan.--Subsection (b) of such 
     section is amended--
       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following new 
     paragraph:

[[Page 20891]]

       ``(5) Requirement to submit information relating to claims 
     disallowed or deferred by the united states.--
       ``(A) In general.--The Secretary of Defense shall submit, 
     in the manner specified in subparagraph (B), an itemized 
     description of the costs claimed by the Government of 
     Pakistan for logistical, military, or other support provided 
     by Pakistan to the United States for which the United States 
     will disallow or defer reimbursement to the Government of 
     Pakistan under the authority of any provision of law 
     described in paragraph (1)(B).
       ``(B) Manner of submission.--
       ``(i) In general.--To the maximum extent practicable, the 
     Secretary shall submit each itemized description of costs 
     required under subparagraph (A) as part of the notification 
     required under paragraph (1).
       ``(ii) Alternative submission.--To the extent that an 
     itemized description of costs required under subparagraph (A) 
     is not submitted in accordance with clause (i), the Secretary 
     shall submit such description not later than 180 days after 
     the date on which a decision to disallow or defer 
     reimbursement for the costs claimed is made.
       ``(C) Form.--Each itemized description of costs required 
     under subparagraph (B) shall be submitted in an unclassified 
     form, but may include a classified annex, if necessary.''.
       (d) Extension of Notification Requirement Relating to 
     Department of Defense Coalition Support Funds for Pakistan.--
     Subsection (b)(6) of such section, as redesignated by 
     subsection (c) of this section, is amended by striking 
     ``September 30, 2009'' and inserting ``September 30, 2010''.
       (e) Report Relating to Department of Defense Coalition 
     Support Funds for Pakistan.--Such section is further amended 
     by adding at the end the following new subsection:
       ``(c) Report Relating to Department of Defense Coalition 
     Support Funds for Pakistan.--
       ``(1) Report required.--Not later than 180 days after the 
     date of the enactment of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009, the Secretary of 
     Defense shall submit to the appropriate congressional 
     committees a report that contains a detailed description of 
     efforts by the Secretary of Defense to address the findings 
     and implement the recommendations made by the Government 
     Accountability Office in its report entitled `Combating 
     Terrorism: Increased Oversight and Accountability Needed Over 
     Pakistan Reimbursement Claims for Coalition Support Funds' 
     (GAO-08-806; June 24, 2008).
       ``(2) Appropriate congressional committee defined.--In this 
     subsection, the term `appropriate congressional committees' 
     has the meaning given the term in subsection (a)(5).''.

     SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO 
                   TRAIN, ASSIST, AND ADVISE UNITS OF THE IRAQI 
                   POLICE SERVICE.

       (a) Study and Report.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense, 
     in consultation with the Secretary of State and the 
     Government of Iraq, shall conduct a study and submit to the 
     appropriate congressional committees a report containing the 
     recommendations of the Secretary of Defense on--
       (1) the number of personnel required for Police Transition 
     Teams to train, assist, and advise units of the Iraqi Police 
     Service in fiscal year 2009 and in fiscal year 2010;
       (2) the funding required to support the level of personnel 
     described in paragraph (1) in fiscal year 2009 and in fiscal 
     year 2010; and
       (3) the feasibility of transferring responsibility for the 
     provision of the personnel described in paragraph (1) and the 
     support described in paragraph (2) from the Department of 
     Defense to the Department of State.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex if required.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.

                       Subtitle C--Other Matters

     SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL 
                   COOPERATION PROGRAMS.

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

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

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

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

     SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN 
                   MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.

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

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

       ``(a) Participation Authorized.--The Secretary of Defense 
     may, with the concurrence of the Secretary of State, 
     authorize the participation of members of the armed forces 
     and Department of Defense civilian personnel in any 
     multinational military center of excellence for purposes of--
       ``(1) enhancing the ability of military forces and civilian 
     personnel of the nations participating in such center to 
     engage in joint exercises or coalition or international 
     military operations; or
       ``(2) improving interoperability between the armed forces 
     and the military forces of friendly foreign nations.
       ``(b) Memorandum of Understanding.--(1) The participation 
     of members of the armed forces or Department of Defense 
     civilian personnel in a multinational military center of 
     excellence under subsection (a) shall be in accordance with 
     the terms of one or more memoranda of understanding entered 
     into by the Secretary of Defense, with the concurrence of the 
     Secretary of State, and the foreign nation or nations 
     concerned.
       ``(2) If Department of Defense facilities, equipment, or 
     funds are used to support a multinational military center of 
     excellence under subsection (a), the memoranda of 
     understanding under paragraph (1) with respect to that center 
     shall provide details of any cost-sharing arrangement or 
     other funding arrangement.
       ``(c) Availability of Appropriated Funds.--(1) Funds 
     appropriated to the Department of Defense for operation and 
     maintenance are available as follows:
       ``(A) To pay the United States share of the operating 
     expenses of any multinational military center of excellence 
     in which the United States participates under this section.
       ``(B) To pay the costs of the participation of members of 
     the armed forces and Department of Defense civilian personnel 
     in multinational military centers of excellence under this 
     section, including the costs of expenses of such 
     participants.
       ``(2) No funds may be used under this section to fund the 
     pay or salaries of members of the armed forces and Department 
     of Defense civilian personnel who participate in 
     multinational military centers of excellence under this 
     section.
       ``(d) Use of Department of Defense Facilities and 
     Equipment.--Facilities and equipment of the Department of 
     Defense may be used for purposes of the support of 
     multinational military centers of excellence under this 
     section that are hosted by the Department.
       ``(e) Annual Reports on Use of Authority.--(1) Not later 
     than October 31, 2009, and annually thereafter, the Secretary 
     of Defense shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report on the use of the authority in 
     this section during the preceding fiscal year.
       ``(2) Each report required by paragraph (1) shall include, 
     for the fiscal year covered by such report, the following:
       ``(A) A detailed description of the participation of the 
     Department of Defense, and of members of the armed forces and 
     civilian personnel of the Department, in multinational 
     military centers of excellence under the authority of this 
     section.
       ``(B) For each multinational military center of excellence 
     in which the Department of Defense, or members of the armed 
     forces or

[[Page 20892]]

     civilian personnel of the Department, so participated--
       ``(i) a description of such multinational military center 
     of excellence;
       ``(ii) a description of the activities participated in by 
     the Department, or by members of the armed forces or civilian 
     personnel of the Department; and
       ``(iii) a statement of the costs of the Department for such 
     participation, including--
       ``(I) a statement of the United States share of the 
     expenses of such center and a statement of the percentage of 
     the United States share of the expenses of such center to the 
     total expenses of such center; and
       ``(II) a statement of the amount of such costs (including a 
     separate statement of the amount of costs paid for under the 
     authority of this section by category of costs).
       ``(f) Multinational Military Center of Excellence 
     Defined.--In this section, the term `multinational military 
     center of excellence' means an entity sponsored by one or 
     more nations that is accredited and approved by the Military 
     Committee of the North Atlantic Treaty Organization (NATO) as 
     offering recognized expertise and experience to personnel 
     participating in the activities of such entity for the 
     benefit of NATO by providing such personnel opportunities 
     to--
       ``(1) enhance education and training;
       ``(2) improve interoperability and capabilities;
       ``(3) assist in the development of doctrine; and
       ``(4) validate concepts through experimentation.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 138 of such title is 
     amended by adding at the end the following new item:

``2350m. Participation in multinational military centers of 
              excellence.''.
       (b) Repeal of Superseded Authority.--Section 1205 of the 
     John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2416) is repealed.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

     SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY 
                   DEFENSE CONTRACTORS IN CERTAIN SPACE ACTIVITIES 
                   OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Review Required.--The Secretary of Defense shall 
     conduct a review to determine whether there are any security 
     risks associated with participation by covered contractors in 
     certain space activities of the People's Republic of China.
       (b) Matters to Be Included.--The review required under 
     subsection (a) shall include, at a minimum, a review of the 
     following:
       (1) Whether there have been any incidents with respect to 
     which a determination has been made that an improper 
     disclosure of covered information by a covered contractor has 
     occurred during the five-year period ending on the date of 
     the enactment of this Act.
       (2) The increase, if any, in the number of covered 
     contractors expected to occur during the 5-year period 
     beginning on the date of the enactment of this Act.
       (3) The extent to which the policies and procedures of the 
     Department of Defense are sufficient to protect against the 
     improper disclosure of covered information by a covered 
     contractor during the 5-year period beginning on the date of 
     the enactment of this Act.
       (4) The Secretary's conclusions regarding awards of 
     contracts by the Department of Defense to covered contractors 
     after the date of the enactment of this Act.
       (5) Any other matters that the Secretary determines to be 
     appropriate to include in the review.
       (c) Cooperation From Other Departments and Agencies.--The 
     Secretary of State, the Director of National Intelligence, 
     and the head of any other United States Government department 
     or agency shall cooperate in a complete and timely manner to 
     provide the Secretary of Defense with data and other 
     information necessary for the Secretary of Defense to carry 
     out the review required under subsection (a).
       (d) Report.--
       (1) In general.--Not later than March 1, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the review required under 
     subsection (a).
       (2) Form.--The report required under this subsection shall 
     include a summary in unclassified form to the maximum extent 
     practicable.
       (e) Definitions.--In this section:
       (1) Certain space activities of the people's republic of 
     china.--The term ``certain space activities of the People's 
     Republic of China'' means--
       (A) the development or manufacture of satellites for launch 
     from the People's Republic of China; and
       (B) the launch of satellites from the People's Republic of 
     China.
       (2) Covered contractor.--The term ``covered contractor'' 
     means a contractor of the Department of Defense, and any 
     subcontractor (at any tier) of the contractor, that--
       (A) has access to covered information; and
       (B) participates, or is part of a joint venture that 
     participates, or whose parent, sister, subsidiary, or 
     affiliate company participates, in certain space activities 
     in the People's Republic of China.
       (3) Covered information.--The term ``covered information'' 
     means classified information and sensitive controlled 
     unclassified information obtained under contracts (or 
     subcontracts of such contracts) of the Department of Defense.

     SEC. 1234. REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR 
                   WEAPONS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the Director of National Intelligence shall submit to 
     Congress a report on Iran's capability to produce nuclear 
     weapons. The report required under this subsection may be 
     submitted in classified form.
       (b) Matters to Be Included.--The report required under 
     subsection (a) shall include the following:
       (1) The locations, types, and number of centrifuges and 
     other specialized equipment necessary for the enrichment of 
     uranium and any plans to acquire, manufacture, and operate 
     such equipment in the future.
       (2) An estimate of the amount, if any, of highly enriched 
     uranium and weapons grade plutonium acquired or produced to 
     date, an estimate of the amount of weapons grade plutonium 
     that is likely to be produced or acquired in the near- and 
     midterms and the amount of highly enriched uranium that is 
     likely to be produced or acquired in the near- and midterms, 
     and the number of nuclear weapons that could be produced with 
     such materials.
       (3) A evaluation of the extent to which security and 
     safeguards at any nuclear site prevent, slow, verify, or help 
     monitor the enrichment of uranium or the reprocessing of 
     plutonium into weapons-grade materials.
       (4) A description of any weaponization activities, such as 
     the research, design, development, or testing of nuclear 
     weapons or weapons-related components.
       (5) A description of any programs to construct, acquire, 
     test, or improve methods to deliver nuclear weapons, 
     including an assessment of the likely progress of such 
     programs in the near- and mid-terms.
       (6) A summary of assessments made by allies of the United 
     States of Iran's nuclear weapons program and nuclear-capable 
     delivery systems programs.
       (c) Notification.--The President shall notify Congress, in 
     writing, within 15 days of determining that--
       (1) Iran has resumed a nuclear weapons program;
       (2) Iran has met or surpassed any major milestone in its 
     nuclear weapons program; or
       (3) Iran has undertaken to accelerate, decelerate, or cease 
     the development of any significant element within its nuclear 
     weapons program.

     SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS.

       (a) In General.--The Secretary of Defense and the Secretary 
     of State are authorized to jointly establish and operate a 
     temporary program to offer employment as translators, 
     interpreters, or cultural awareness instructors to 
     individuals described in subsection (b). Individuals 
     described in such subsection may be appointed to temporary 
     positions of one year or less outside Iraq with either the 
     Department of Defense or the Department of State, without 
     competition and without regard for the provisions of chapter 
     51 and subchapter III of chapter 53 of title 5, United States 
     Code. Such individuals may also be hired as personal services 
     contractors by either of such Departments to provide 
     translation, interpreting, or cultural awareness instruction, 
     except that such individuals so hired shall not by virtue of 
     such employment be considered employees of the United States 
     Government, except for purposes of chapter 81 of title 5, 
     United States Code, and chapter 171 of title 28, United 
     States Code.
       (b) Eligibility.--Individuals referred to in subsection (a) 
     are Iraqi nationals who--
       (1) have received a special immigrant visa issued pursuant 
     to section 1059 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163) or section 1244 of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181); and
       (2) are lawfully present in the United States.
       (c) Funding.--
       (1) In general.--Except as provided in paragraph (2), the 
     program established under subsection (a) shall be funded from 
     the annual general operating budget of the Department of 
     Defense.
       (2) Exception.--The Secretary of State shall reimburse the 
     Department of Defense for any costs associated with 
     individuals described in subsection (b) whose work is for or 
     on behalf of the Department of State.
       (d) Rule of Construction Regarding Access to Classified 
     Information.--Nothing in this section may be construed as 
     affecting in any manner practices and procedures regarding 
     the handling of or access to classified information.
       (e) Information Sharing.--The Secretary of Defense and the 
     Secretary of State shall work with the Secretary of Homeland 
     Security and the Office of Refugee Resettlement of the 
     Department of Health and Human Services to ensure that 
     individuals described in subsection (b) are informed of the 
     program established under subsection (a).

[[Page 20893]]

       (f) Regulation.--The Secretary of Defense, jointly with the 
     Secretary of State and with the concurrence of the Director 
     of the Office of Personnel Management, shall prescribe such 
     regulations as are necessary to carry out the program 
     established under subsection (a), including ensuring the 
     suitability for employment described in subsection (a) of 
     individuals described in subsection (b), determining the 
     number of positions, and establishing pay scales and hiring 
     procedures.
       (g) Termination.--
       (1) In general.--Except as provided in paragraph (2), the 
     program established under subsection (a) shall terminate on 
     December 31, 2014.
       (2) Earlier termination.--If the Secretary of Defense, 
     jointly with the Secretary of State, determines that the 
     program established under subsection (a) should terminate 
     before the date specified in paragraph (1), the Secretaries 
     may terminate the program if the Secretaries notify Congress 
     in writing of such termination at least 180 days before such 
     termination.

     SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON 
                   CLAIMS RELATING TO THE BOMBING OF THE LABELLE 
                   DISCOTHEQUE.

       Section 1225(b) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as 
     amended by section 1261(1)(B) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 405), is further amended--
       (1) in paragraph (2)--
       (A) by striking ``Not later than one year after enactment 
     of this Act, and not later than two years after enactment of 
     this Act'' and inserting ``Not later than 90 days after the 
     date of the enactment of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009, and every 180 days 
     thereafter''; and
       (B) by adding at the end the following new sentence: ``Each 
     update under this paragraph after the date of the enactment 
     of the Duncan Hunter National Defense Authorization Act for 
     Fiscal Year 2009 shall be submitted in unclassified form, but 
     may include a classified annex.''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Termination.--The requirement to submit updates under 
     paragraph (2) shall terminate upon submission by the 
     Secretary of State to Congress of the certification described 
     in section 5(a)(2) of the Libya Claims Resolution Act (Public 
     Law 110-301; 122 Stat. 3000).''.

     SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL 
                   PARTNERSHIP AUTHORITIES.

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

     SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT 
                   CERTAIN ANNUAL REPORTS TO CONGRESS REGARDING 
                   ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE.

       (a) Modification of Certain Reports on Allied Contributions 
     to the Common Defense.--Section 1003 of the Department of 
     Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 
     2576) is amended--
       (1) by striking subsections (c) and (d); and
       (2) adding at the end the following new subsections:
       ``(c) The Secretary of Defense shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives each year, 
     not later than March 1, a report containing a description 
     of--
       ``(1) annual defense spending by each member nation of 
     NATO, by each member nation of the Euro-Atlantic Partnership 
     Council (EAPC), and by Japan, including available nominal 
     budget figures and defense spending as a percentage of the 
     respective nation's gross domestic product for the fiscal 
     year immediately preceding the fiscal year in which the 
     report is submitted;
       ``(2) activities of each NATO member nation, each EAPC 
     member nation, and Japan to contribute to military or 
     stability operations in which the United States Armed Forces 
     are a participant;
       ``(3) any limitations that such nations place on the use of 
     their national contributions described in paragraph (2); and
       ``(4) any actions undertaken by the United States 
     Government to minimize those limitations described in 
     paragraph (3).
       ``(d) The report required under subsection (c) shall be 
     submitted in unclassified form, but may include a classified 
     annex.''
       (b) Repeal of Report on Cost-Sharing.--Section 1313 of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 2894) is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsections (c).

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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

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

       (a) Specification of Cooperative Threat Reduction 
     Programs.--For purposes of section 301 and other provisions 
     of this Act, Cooperative Threat Reduction programs are the 
     programs specified in section 1501 of the National Defense 
     Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
       (b) Fiscal Year 2009 Cooperative Threat Reduction Funds 
     Defined.--As used in this title, the term ``fiscal year 2009 
     Cooperative Threat Reduction funds'' means the funds 
     appropriated pursuant to the authorization of appropriations 
     in section 301 for Cooperative Threat Reduction programs.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     the authorization of appropriations in section 301 for 
     Cooperative Threat Reduction programs shall be available for 
     obligation for fiscal years 2009, 2010, and 2011.

     SEC. 1302. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the $434,135,000 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2009 in section 301(19) for Cooperative 
     Threat Reduction programs, the following amounts may be 
     obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia, 
     $79,985,000.
       (2) For strategic nuclear arms elimination in Ukraine, 
     $6,400,000.
       (3) For nuclear weapons storage security in Russia, 
     $24,101,000.
       (4) For nuclear weapons transportation security in Russia, 
     $40,800,000.
       (5) For weapons of mass destruction proliferation 
     prevention in the states of the former Soviet Union, 
     $59,286,000.
       (6) For biological threat reduction in the former Soviet 
     Union, $184,463,000.

[[Page 20894]]

       (7) For chemical weapons destruction, $1,000,000.
       (8) For defense and military contacts, $8,000,000.
       (9) For new Cooperative Threat Reduction initiatives, 
     $10,000,000.
       (10) For activities designated as Other Assessments/
     Administrative Costs, $20,100,000.
       (b) Report on Obligation or Expenditure of Funds for Other 
     Purposes.--No fiscal year 2009 Cooperative Threat Reduction 
     funds may be obligated or expended for a purpose other than a 
     purpose listed in paragraphs (1) through (10) of subsection 
     (a) until 15 days after the date that the Secretary of 
     Defense submits to Congress a report on the purpose for which 
     the funds will be obligated or expended and the amount of 
     funds to be obligated or expended. Nothing in the preceding 
     sentence shall be construed as authorizing the obligation or 
     expenditure of fiscal year 2009 Cooperative Threat Reduction 
     funds for a purpose for which the obligation or expenditure 
     of such funds is specifically prohibited under this title or 
     any other provision of law.
       (c) Limited Authority to Vary Individual Amounts.--
       (1) In general.--Subject to paragraph (2), in any case in 
     which the Secretary of Defense determines that it is 
     necessary to do so in the national interest, the Secretary 
     may obligate amounts appropriated for fiscal year 2009 for a 
     purpose listed in paragraphs (1) through (10) of subsection 
     (a) in excess of the specific amount authorized for that 
     purpose.
       (2) Notice-and-wait required.--An obligation of funds for a 
     purpose stated in paragraphs (1) through (10) of subsection 
     (a) in excess of the specific amount authorized for such 
     purpose may be made using the authority provided in paragraph 
     (1) only after--
       (A) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (B) 15 days have elapsed following the date of the 
     notification.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

                     Subtitle A--Military Programs

     SEC. 1401. WORKING CAPITAL FUNDS.

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

     SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the National Defense Sealift Fund in the amount 
     of $1,608,572,000.

     SEC. 1403. DEFENSE HEALTH PROGRAM.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for the Department of Defense 
     for fiscal year 2009 for expenses, not otherwise provided 
     for, for the Defense Health Program, in the amount of 
     $24,966,917,000, of which--
       (1) $24,467,074,000 is for Operation and Maintenance;
       (2) $195,938,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $303,905,000 is for Procurement.
       (b) Source of Certain Funds.--Of the amount available under 
     subsection (a), $1,300,000,000 shall, to the extent provided 
     in advance in an Act making appropriations for fiscal year 
     2009, be available by transfer from the National Defense 
     Stockpile Transaction Fund established under subsection (a) 
     of section 9 of the Strategic and Critical Materials Stock 
     Piling Act (50 U.S.C. 98h).

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

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

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

       Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2009 for expenses, not 
     otherwise provided for, for Drug Interdiction and Counter-
     Drug Activities, Defense-wide, in the amount of 
     $1,060,463,000.

     SEC. 1406. DEFENSE INSPECTOR GENERAL.

       Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2009 for expenses, not 
     otherwise provided for, for the Office of the Inspector 
     General of the Department of Defense, in the amount of 
     $273,845,000, of which--
       (1) $270,445,000 is for Operation and Maintenance; and
       (2) $3,400,000 is for Procurement.

     SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

       Section 2218 of title 10, United States Code, is amended--
       (1) by striking subsection (j) and redesignating 
     subsections (k) and (l) as subsections (j) and (k), 
     respectively; and
       (2) in paragraph (2) of subsection (k) (as so 
     redesignated), by striking subparagraphs (B) thru (I) and 
     inserting the following new subparagraph (B):
       ``(B) Any other auxiliary vessel that was procured or 
     chartered with specific authorization in law for the vessel, 
     or class of vessels, to be funded in the National Defense 
     Sealift Fund.''.

                 Subtitle B--National Defense Stockpile

     SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
                   FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     2009, the National Defense Stockpile Manager may obligate up 
     to $41,153,000 of the funds in the National Defense Stockpile 
     Transaction Fund established under subsection (a) of section 
     9 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98h) for the authorized uses of such funds under 
     subsection (b)(2) of such section, including the disposal of 
     hazardous materials that are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date on which Congress 
     receives the notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

     SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM 
                   THE NATIONAL DEFENSE STOCKPILE.

       (a) Fiscal Year 1999 Disposal Authority.--Section 
     3303(a)(7) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     50 U.S.C. 98d note), as most recently amended by section 
     1412(b) of the National Defense Authorization Act for Fiscal 
     Year 2008 (Public Law 110-181; 122 Stat. 418), is further 
     amended by striking ``$1,066,000,000 by the end of fiscal 
     year 2015'' and inserting ``$1,386,000,000 by the end of 
     fiscal year 2016''.
       (b) Fiscal Year 1998 Disposal Authority.--Section 
     3305(a)(5) of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as 
     most recently amended by section 3302(b) of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364; 120 Stat. 2513), is further amended by 
     striking ``2008'' and inserting ``2009''.

                Subtitle C--Armed Forces Retirement Home

     SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
                   RETIREMENT HOME.

       There is authorized to be appropriated for fiscal year 2009 
     from the Armed Forces Retirement Home Trust Fund the sum of 
     $63,010,000 for the operation of the Armed Forces Retirement 
     Home.

  TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION 
              IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Authorization of additional appropriations for operations in 
              Afghanistan and Iraq for fiscal year 2009.
Sec. 1502. Requirement for separate display of budgets for Afghanistan 
              and Iraq.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Science and technology investment strategy to defeat or 
              counter improvised explosive devices.
Sec. 1505. Limitations on Iraq Security Forces Fund.
Sec. 1506. Limitations on Afghanistan Security Forces Fund.

[[Page 20895]]

Sec. 1507. Special transfer authority.
Sec. 1508. Prohibition on use of United States funds for certain 
              facilities projects in Iraq and contributions by the 
              Government of Iraq to combined operations and other 
              activities in Iraq.

     SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
                   OPERATIONS IN AFGHANISTAN AND IRAQ FOR FISCAL 
                   YEAR 2009.

       (a) Authorization of Previously Appropriated Amounts.--In 
     addition to the amounts otherwise authorized to be 
     appropriated by division A of this Act, the amounts 
     appropriated for fiscal year 2009 in chapter 2 of title IX of 
     the Supplemental Appropriations Act, 2008 (Public Law 110-
     252; 122 Stat. 2405-2414) are hereby authorized to be 
     appropriated.
       (b) Additional Authorization.--In addition to the amounts 
     otherwise authorized to be appropriated by division A of this 
     Act and subsection (a), funds in the amount of $2,076,000,000 
     are hereby authorized to be appropriated for aircraft 
     procurement, Air Force, for the purpose of acquiring six C-17 
     aircraft.

     SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR 
                   AFGHANISTAN AND IRAQ.

       (a) Operations in Iraq and Afghanistan.--In any annual or 
     supplemental budget request for the Department of Defense 
     that is submitted to Congress after the date of the enactment 
     of this Act, the Secretary of Defense shall set forth 
     separately any funding requested in such budget request for--
       (1) operations of the Department of Defense in Afghanistan; 
     and
       (2) operations of the Department of Defense in Iraq.
       (b) Specificity of Display.--Each budget request covered by 
     subsection (a) shall, for any funding requested for 
     operations in Iraq or Afghanistan--
       (1) clearly display the amount of such funding at the 
     appropriation account level and at the program, project, or 
     activity level; and
       (2) include a detailed description of the assumptions 
     underlying the funding for the period covered by the budget 
     request, including the anticipated troop levels, the 
     operations intended to be carried out, and the equipment 
     reset requirements necessary to support such operations.

     SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

       (a) Use and Transfer of Funds.--Subsections (b) and (c) of 
     section 1514 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2439), as amended by subsection (b), shall apply to 
     the funds appropriated pursuant to the authorization of 
     appropriations in section 1501 of this Act and made available 
     to the Department of Defense for the Joint Improvised 
     Explosive Device Defeat Fund.
       (b) Modification of Funds Transfer Authority.--Section 
     1514(c)(1) of the John Warner National Defense Authorization 
     Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) 
     is amended--
       (1) by striking subparagraph (A); and
       (2) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (A) through (D), respectively.
       (c) Prior Notice of Transfer of Funds.--Section 1514(c)(4) 
     of the John Warner National Defense Authorization Act for 
     Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) is 
     amended by inserting after ``five days'' the following: ``(in 
     the case of the obligation of funds) or 15 days (in the case 
     of a transfer of funds)''.
       (d) Monthly Obligations and Expenditure Reports.--Not later 
     than 15 days after the end of each month of fiscal year 2009, 
     the Secretary of Defense shall provide to the congressional 
     defense committees a report on the Joint Improvised Explosive 
     Device Defeat Fund explaining monthly commitments, 
     obligations, and expenditures by line of action.
       (e) Modification of Submittal Date of Other Reports.--
     Section 1514(e) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2440) is amended by striking ``30 days'' and 
     inserting ``60 days''.

     SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO 
                   DEFEAT OR COUNTER IMPROVISED EXPLOSIVE DEVICES.

       (a) Strategy Required.--The Director of the Joint 
     Improvised Explosive Device Defeat Organization (JIEDDO), 
     jointly with the Director of Defense Research and 
     Engineering, shall develop a comprehensive science and 
     technology investment strategy for countering the threat of 
     improvised explosive devices (IEDs).
       (b) Elements.--The strategy developed under subsection (a) 
     shall include the following:
       (1) Identification of counter-IED capability gaps.
       (2) A taxonomy describing the major technical areas for the 
     Department of Defense to address the counter-IED capability 
     gaps and in which science and technology funding investments 
     should be made.
       (3) Identification of funded programs to develop or mature 
     technologies from or to the level of system or subsystem 
     model or prototype demonstration in a relevant environment, 
     and investment levels for those initiatives.
       (4) Identification of JIEDDO's mechanisms for coordinating 
     Department of Defense and Federal Government science and 
     technology activities in areas covered by the strategy.
       (5) Identification of technology transition mechanisms 
     developed or utilized to efficiently transition technologies 
     to acquisition programs of the Department of Defense or into 
     operational use, including a summary of counter-IED 
     technologies transitioned from JIEDDO, the military 
     departments, and other Defense Agencies to the acquisition 
     programs or into operational use.
       (6) Identification of high priority basic research efforts 
     that should be addressed through JIEDDO or other Department 
     of Defense activities to support development of next 
     generation IED defeat capabilities.
       (7) Identification of barriers or issues, such as 
     industrial base, workforce, or statutory or regulatory 
     barriers, that could hinder the efficient and effective 
     development and operational use of advanced IED defeat 
     capabilities, and discussion of activities undertaken to 
     address them.
       (8) Identification of the measures of effectiveness for the 
     overall Department of Defense science and technology counter-
     IED effort.
       (9) Such other matters as the Director of the JIEDDO and 
     the Director of Defense Research and Engineering consider 
     appropriate.
       (c) Report.--Not later than March 1, 2009, and each March 1 
     thereafter through March 1, 2013, the Director of the JIEDDO 
     and the Director of Defense Research and Engineering shall 
     jointly submit to the congressional defense committees a 
     report describing the implementation of the strategy 
     developed under subsection (a). The report may be in 
     unclassified and classified format, as necessary.

     SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

       Funds appropriated pursuant to the authorization of 
     appropriations in section 1501 of this Act or in the 
     Supplemental Appropriations Act, 2008 (Public Law 110-252; 
     122 Stat. 2407) and made available to the Department of 
     Defense for the Iraq Security Forces Fund shall be subject to 
     the conditions contained in subsections (b) through (g) of 
     section 1512 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 426).

     SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.

       Funds appropriated pursuant to the authorization of 
     appropriations in section 1501 of this Act or in the 
     Supplemental Appropriations Act, 2008 (Public Law 110-252; 
     122 Stat. 2407) and made available to the Department of 
     Defense for the Afghanistan Security Forces Fund shall be 
     subject to the conditions contained in subsections (b) 
     through (g) of section 1513 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 428).

     SEC. 1507. SPECIAL TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer amounts of 
     authorizations made available to the Department of Defense in 
     this title for fiscal year 2009 between any such 
     authorizations for that fiscal year (or any subdivisions 
     thereof). Amounts of authorizations so transferred shall be 
     merged with and be available for the same purposes as the 
     authorization to which transferred.
       (2) Limitation.--The total amount of authorizations that 
     the Secretary may transfer under the authority of this 
     section may not exceed $4,000,000,000.
       (b) Terms and Conditions.--Transfers under this section 
     shall be subject to the same terms and conditions as 
     transfers under section 1001.
       (c) Additional Authority.--The transfer authority provided 
     by this section is in addition to the transfer authority 
     provided under section 1001.

     SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR 
                   CERTAIN FACILITIES PROJECTS IN IRAQ AND 
                   CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO 
                   COMBINED OPERATIONS AND OTHER ACTIVITIES IN 
                   IRAQ.

       (a) Prohibition Related to Facilities for Government of 
     Iraq.--
       (1) Prohibition on availability of united states funds for 
     projects.--Except as provided in paragraph (2), amounts 
     authorized to be appropriated by this title may not be 
     obligated or expended for the acquisition, conversion, 
     rehabilitation, or installation of facilities in Iraq for the 
     use of the Government of Iraq, political subdivisions of 
     Iraq, or agencies, departments, or forces of the Government 
     of Iraq or such political subdivisions.
       (2) Exceptions.--
       (A) Exception for cerp.--The prohibition in paragraph (1) 
     does not apply to amounts authorized to be appropriated by 
     this title for the Commanders' Emergency Response Program 
     (CERP).
       (B) Exception for military construction.--The prohibition 
     in paragraph (1) does not apply to military construction (as 
     defined in section 2801 of title 10, United States Code), 
     carried out in Iraq.

[[Page 20896]]

       (C) Exception for technical assistance.--The prohibition in 
     paragraph (1) does not apply to the provision of technical 
     assistance necessary to assist the Government of Iraq to 
     carry out facilities projects on its own behalf.
       (b) Combined Operations.--
       (1) Cost sharing.--The United States Government shall 
     initiate negotiations with the Government of Iraq on an 
     agreement under which the Government of Iraq shall share with 
     the United States Government the costs of combined operations 
     of the Government of Iraq and the Multi-National Forces Iraq 
     undertaken as part of Operation Iraqi Freedom.
       (2) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall, in 
     conjunction with the Secretary of Defense, submit to Congress 
     a report describing the status of negotiations under 
     paragraph (1).
       (c) Iraqi Security Forces.--
       (1) Use of iraq funds.--The United States Government shall 
     take actions to ensure that Iraq funds are used to pay the 
     costs of the salaries, training, equipping, and sustainment 
     of Iraqi Security Forces.
       (2) Reports.--Not later than 90 days after the date of the 
     enactment of this Act, and every 180 days thereafter, the 
     President shall submit to Congress a report setting forth an 
     assessment of the progress made in meeting the requirements 
     of paragraph (1).

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and 
              stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Reconstruction and 
     Stabilization Civilian Management Act of 2008''.

     SEC. 1602. FINDINGS.

       Congress finds the following:
       (1) In June 2004, the Office of the Coordinator for 
     Reconstruction and Stabilization (referred to as the 
     ``Coordinator'') was established in the Department of State 
     with the mandate to lead, coordinate, and institutionalize 
     United States Government civilian capacity to prevent or 
     prepare for post-conflict situations and help reconstruct and 
     stabilize a country or region that is at risk of, in, or is 
     in transition from, conflict or civil strife.
       (2) In December 2005, the Coordinator's mandate was 
     reaffirmed by the National Security Presidential Directive 
     44, which instructed the Secretary of State, and at the 
     Secretary's direction, the Coordinator, to coordinate and 
     lead integrated United States Government efforts, involving 
     all United States departments and agencies with relevant 
     capabilities, to prepare, plan for, and conduct 
     reconstruction and stabilization operations.
       (3) National Security Presidential Directive 44 assigns to 
     the Secretary, with the Coordinator's assistance, the lead 
     role to develop reconstruction and stabilization strategies, 
     ensure civilian interagency program and policy coordination, 
     coordinate interagency processes to identify countries at 
     risk of instability, provide decision-makers with detailed 
     options for an integrated United States Government response 
     in connection with reconstruction and stabilization 
     operations, and carry out a wide range of other actions, 
     including the development of a civilian surge capacity to 
     meet reconstruction and stabilization emergencies. The 
     Secretary and the Coordinator are also charged with 
     coordinating with the Department of Defense on reconstruction 
     and stabilization responses, and integrating planning and 
     implementing procedures.
       (4) The Department of Defense issued Directive 3000.05, 
     which establishes that stability operations are a core United 
     States military mission that the Department of Defense must 
     be prepared to conduct and support, provides guidance on 
     stability operations that will evolve over time, and assigns 
     responsibilities within the Department of Defense for 
     planning, training, and preparing to conduct and support 
     stability operations.
       (5) The President's Fiscal Year 2009 Budget Request to 
     Congress includes $248.6 million for a Civilian Stabilization 
     Initiative that would vastly improve civilian partnership 
     with United States Armed Forces in post-conflict 
     stabilization situations, including by establishing a Active 
     Response Corps of 250 persons, a Standby Response Corps of 
     2,000 persons, and a Civilian Response Corps of 2,000 
     persons.

     SEC. 1603. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
       (2) Agency.--The term ``agency'' means any entity included 
     in chapter 1 of title 5, United States Code.
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Affairs of the House of Representatives and the 
     Committee on Foreign Relations of the Senate.
       (4) Department.--Except as otherwise provided in this 
     title, the term ``Department'' means the Department of State.
       (5) Personnel.--The term ``personnel'' means individuals 
     serving in any service described in section 2101 of title 5, 
     United States Code, other than in the legislative or judicial 
     branch.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION 
                   AND STABILIZATION CRISES.

       Chapter 1 of part III of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2351 et seq.) is amended by inserting after 
     section 617 the following new section:

     ``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION 
                   CRISIS.

       ``(a) Assistance.--
       ``(1) In general.--If the President determines that it is 
     in the national security interests of the United States for 
     United States civilian agencies or non-Federal employees to 
     assist in reconstructing and stabilizing a country or region 
     that is at risk of, in, or is in transition from, conflict or 
     civil strife, the President may, in accordance with the 
     provisions set forth in section 614(a)(3), but 
     notwithstanding any other provision of law, and on such terms 
     and conditions as the President may determine, furnish 
     assistance to such country or region for reconstruction or 
     stabilization using funds described in paragraph (2).
       ``(2) Funds described.--The funds referred to in paragraph 
     (1) are funds made available under any other provision of 
     this Act, and transferred or reprogrammed for purposes of 
     this section, and such transfer or reprogramming shall be 
     subject to the procedures applicable to a notification under 
     section 634A of this Act.
       ``(3) Rule of construction.--Nothing in this section shall 
     be construed to provide authority to transfer funds between 
     accounts or between Federal departments or agencies.
       ``(b) Limitation.--The authority contained in this section 
     may be exercised only during fiscal years 2009, 2010, and 
     2011.''.

     SEC. 1605. RECONSTRUCTION AND STABILIZATION.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 62. RECONSTRUCTION AND STABILIZATION.

       ``(a) Office of the Coordinator for Reconstruction and 
     Stabilization.--
       ``(1) Establishment.--There is established within the 
     Department of State the Office of the Coordinator for 
     Reconstruction and Stabilization.
       ``(2) Coordinator for reconstruction and stabilization.--
     The head of the Office shall be the Coordinator for 
     Reconstruction and Stabilization, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate. The Coordinator shall report directly to the 
     Secretary.
       ``(3) Functions.--The functions of the Office of the 
     Coordinator for Reconstruction and Stabilization shall 
     include the following:
       ``(A) Monitoring, in coordination with relevant bureaus and 
     offices of the Department of State and the United States 
     Agency for International Development (USAID), political and 
     economic instability worldwide to anticipate the need for 
     mobilizing United States and international assistance for the 
     reconstruction and stabilization of a country or region that 
     is at risk of, in, or are in transition from, conflict or 
     civil strife.
       ``(B) Assessing the various types of reconstruction and 
     stabilization crises that could occur and cataloging and 
     monitoring the non-military resources and capabilities of 
     agencies (as such term is defined in section 1603 of the 
     Reconstruction and Stabilization Civilian Management Act of 
     2008) that are available to address such crises.
       ``(C) Planning, in conjunction with USAID, to address 
     requirements, such as demobilization, disarmament, rebuilding 
     of civil society, policing, human rights monitoring, and 
     public information, that commonly arise in reconstruction and 
     stabilization crises.
       ``(D) Coordinating with relevant agencies to develop 
     interagency contingency plans and procedures to mobilize and 
     deploy civilian personnel and conduct reconstruction and 
     stabilization operations to address the various types of such 
     crises.
       ``(E) Entering into appropriate arrangements with agencies 
     to carry out activities under this section and the 
     Reconstruction and Stabilization Civilian Management Act of 
     2008.
       ``(F) Identifying personnel in State and local governments 
     and in the private sector who are available to participate in 
     the Civilian Reserve Corps established under subsection (b) 
     or to otherwise participate in or contribute to 
     reconstruction and stabilization activities.
       ``(G) Taking steps to ensure that training and education of 
     civilian personnel to perform such reconstruction and 
     stabilization activities is adequate and is carried out, as 
     appropriate, with other agencies involved with stabilization 
     operations.

[[Page 20897]]

       ``(H) Taking steps to ensure that plans for United States 
     reconstruction and stabilization operations are coordinated 
     with and complementary to reconstruction and stabilization 
     activities of other governments and international and 
     nongovernmental organizations, to improve effectiveness and 
     avoid duplication.
       ``(I) Maintaining the capacity to field on short notice an 
     evaluation team consisting of personnel from all relevant 
     agencies to undertake on-site needs assessment.
       ``(b) Response Readiness Corps.--
       ``(1) Response readiness corps.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development and the heads of other 
     appropriate agencies of the United States Government, may 
     establish and maintain a Response Readiness Corps (referred 
     to in this section as the `Corps') to provide assistance in 
     support of reconstruction and stabilization operations in 
     countries or regions that are at risk of, in, or are in 
     transition from, conflict or civil strife. The Corps shall be 
     composed of active and standby components consisting of 
     United States Government personnel, including employees of 
     the Department of State, the United States Agency for 
     International Development, and other agencies who are 
     recruited and trained (and employed in the case of the active 
     component) to provide such assistance when deployed to do so 
     by the Secretary to support the purposes of this Act.
       ``(2) Civilian reserve corps.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development, may establish a 
     Civilian Reserve Corps for which purpose the Secretary is 
     authorized to employ and train individuals who have the 
     skills necessary for carrying out reconstruction and 
     stabilization activities, and who have volunteered for that 
     purpose. The Secretary may deploy members of the Civilian 
     Reserve Corps pursuant to a determination by the President 
     under section 618 of the Foreign Assistance Act of 1961.
       ``(3) Mitigation of domestic impact.--The establishment and 
     deployment of any Civilian Reserve Corps shall be undertaken 
     in a manner that will avoid substantively impairing the 
     capacity and readiness of any State and local governments 
     from which Civilian Reserve Corps personnel may be drawn.
       ``(c) Existing Training and Education Programs.--The 
     Secretary shall ensure that personnel of the Department, and, 
     in coordination with the Administrator of USAID, that 
     personnel of USAID, make use of the relevant existing 
     training and education programs offered within the 
     Government, such as those at the Center for Stabilization and 
     Reconstruction Studies at the Naval Postgraduate School and 
     the Interagency Training, Education, and After Action Review 
     Program at the National Defense University.''.

     SEC. 1606. AUTHORITIES RELATED TO PERSONNEL.

       (a) Extension of Certain Foreign Service Benefits.--The 
     Secretary, or the head of any agency with respect to 
     personnel of that agency, may extend to any individuals 
     assigned, detailed, or deployed to carry out reconstruction 
     and stabilization activities pursuant to section 62 of the 
     State Department Basic Authorities Act of 1956 (as added by 
     section 1605 of this title), the benefits or privileges set 
     forth in sections 413, 704, and 901 of the Foreign Service 
     Act of 1980 (22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 
     4081) to the same extent and manner that such benefits and 
     privileges are extended to members of the Foreign Service.
       (b) Authority Regarding Details.--The Secretary is 
     authorized to accept details or assignments of any personnel, 
     and any employee of a State or local government, on a 
     reimbursable or nonreimbursable basis for the purpose of 
     carrying out this title, and the head of any agency is 
     authorized to detail or assign personnel of such agency on a 
     reimbursable or nonreimbursable basis to the Department of 
     State for purposes of section 62 of the State Department 
     Basic Authorities Act of 1956, as added by section 1605 of 
     this title.

     SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY.

       (a) In General.--The Secretary of State, in consultation 
     with the Administrator of the United States Agency for 
     International Development, shall develop an interagency 
     strategy to respond to reconstruction and stabilization 
     operations.
       (b) Contents.--The strategy required under subsection (a) 
     shall include the following:
       (1) Identification of and efforts to improve the skills 
     sets needed to respond to and support reconstruction and 
     stabilization operations in countries or regions that are at 
     risk of, in, or are in transition from, conflict or civil 
     strife.
       (2) Identification of specific agencies that can adequately 
     satisfy the skills sets referred to in paragraph (1).
       (3) Efforts to increase training of Federal civilian 
     personnel to carry out reconstruction and stabilization 
     activities.
       (4) Efforts to develop a database of proven and best 
     practices based on previous reconstruction and stabilization 
     operations.
       (5) A plan to coordinate the activities of agencies 
     involved in reconstruction and stabilization operations.

     SEC. 1608. ANNUAL REPORTS TO CONGRESS.

       Not later than 180 days after the date of the enactment of 
     this Act and annually for each of the five years thereafter, 
     the Secretary of State shall submit to the appropriate 
     congressional committees a report on the implementation of 
     this title. The report shall include detailed information on 
     the following:
       (1) Any steps taken to establish a Response Readiness Corps 
     and a Civilian Reserve Corps, pursuant to section 62 of the 
     State Department Basic Authorities Act of 1956 (as added by 
     section 1605 of this title).
       (2) The structure, operations, and cost of the Response 
     Readiness Corps and the Civilian Reserve Corps, if 
     established.
       (3) How the Response Readiness Corps and the Civilian 
     Reserve Corps coordinate, interact, and work with other 
     United States foreign assistance programs.
       (4) An assessment of the impact that deployment of the 
     Civilian Reserve Corps, if any, has had on the capacity and 
     readiness of any domestic agencies or State and local 
     governments from which Civilian Reserve Corps personnel are 
     drawn.
       (5) The reconstruction and stabilization strategy required 
     by section 1607 and any annual updates to that strategy.
       (6) Recommendations to improve implementation of subsection 
     (b) of section 62 of the State Department Basic Authorities 
     Act of 1956, including measures to enhance the recruitment 
     and retention of an effective Civilian Reserve Corps.
       (7) A description of anticipated costs associated with the 
     development, annual sustainment, and deployment of the 
     Civilian Reserve Corps.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Military Construction 
     Authorization Act for Fiscal Year 2009''.

     SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED 
                   TO BE SPECIFIED BY LAW.

       (a) Expiration of Authorizations After Three Years.--Except 
     as provided in subsection (b), all authorizations contained 
     in titles XXI through XXVII and title XXIX for military 
     construction projects, land acquisition, family housing 
     projects and facilities, and contributions to the North 
     Atlantic Treaty Organization Security Investment Program (and 
     authorizations of appropriations therefor) shall expire on 
     the later of--
       (1) October 1, 2011; or
       (2) the date of the enactment of an Act authorizing funds 
     for military construction for fiscal year 2012.
       (b) Exception.--Subsection (a) shall not apply to 
     authorizations for military construction projects, land 
     acquisition, family housing projects and facilities, and 
     contributions to the North Atlantic Treaty Organization 
     Security Investment Program (and authorizations of 
     appropriations therefor), for which appropriated funds have 
     been obligated before the later of--
       (1) October 1, 2011; or
       (2) the date of the enactment of an Act authorizing funds 
     for fiscal year 2012 for military construction projects, land 
     acquisition, family housing projects and facilities, or 
     contributions to the North Atlantic Treaty Organization 
     Security Investment Program.

     SEC. 2003. EFFECTIVE DATE.

       Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX 
     shall take effect on the later of--
       (1) October 1, 2008; or
       (2) the date of the enactment of this Act.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 
              2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006 
              projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005 
              project.

     SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(1), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

[[Page 20898]]



                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................  Anniston Army Depot.............................        $46,400,000
                                             Fort Rucker.....................................         $6,800,000
                                             Redstone Arsenal................................        $16,500,000
Alaska.....................................  Fort Richardson.................................        $18,100,000
                                             Fort Wainwright.................................       $110,400,000
Arizona....................................  Fort Huachuca...................................        $13,200,000
                                             Yuma Proving Ground.............................         $3,800,000
California.................................  Fort Irwin......................................        $39,600,000
                                             Presidio, Monterey..............................        $15,000,000
                                             Sierra Army Depot...............................        $12,400,000
Colorado...................................  Fort Carson.....................................       $534,000,000
Georgia....................................  Fort Benning....................................       $267,800,000
                                             Fort Stewart/Hunter Army Air Field..............       $432,300,000
Hawaii.....................................  Pohakuloa Training Area.........................        $30,000,000
                                             Schofield Barracks..............................       $279,000,000
                                             Wahiawa.........................................        $40,000,000
Indiana....................................  Crane Army Ammunition Activity..................         $8,300,000
Kansas.....................................  Fort Leavenworth................................         $4,200,000
                                             Fort Riley......................................       $158,000,000
Kentucky...................................  Fort Campbell...................................       $118,113,000
Louisiana..................................  Fort Polk.......................................        $29,000,000
Michigan...................................  Detroit Arsenal.................................         $6,100,000
Missouri...................................  Fort Leonard Wood...............................        $42,550,000
New Jersey.................................  Picatinny Arsenal...............................         $9,900,000
New York...................................  Fort Drum.......................................        $96,900,000
                                             United States Military Academy..................        $67,000,000
North Carolina.............................  Fort Bragg......................................        $58,400,000
Oklahoma...................................  Fort Sill.......................................        $63,000,000
                                             McAlester Army Ammunition Plant.................         $5,800,000
Pennsylvania...............................  Carlisle Barracks...............................        $13,400,000
                                             Letterkenny Army Depot..........................         $7,500,000
                                             Tobyhanna Army Depot............................        $15,000,000
South Carolina.............................  Fort Jackson....................................        $30,000,000
Texas......................................  Camp Bullis.....................................         $4,200,000
                                             Corpus Christi Army Depot.......................        $39,000,000
                                             Fort Bliss......................................     $1,044,300,000
                                             Fort Hood.......................................        $49,500,000
                                             Fort Sam Houston................................        $96,000,000
                                             Red River Army Depot............................         $6,900,000
Virginia...................................  Fort Belvoir....................................         $7,200,000
                                             Fort Eustis.....................................        $31,900,000
                                             Fort Lee........................................       $100,600,000
                                             Fort Myer.......................................        $14,000,000
Washington.................................  Fort Lewis......................................       $158,000,000
----------------------------------------------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(2), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................  Bagram Air Base.................................        $67,000,000
Germany....................................  Katterbach......................................        $19,000,000
                                             Wiesbaden Air Base..............................       $119,000,000
Japan......................................  Camp Zama.......................................         $2,350,000
                                             Sagamihara......................................        $17,500,000
Korea......................................  Camp Humphreys..................................        $20,000,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2102. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2104(a)(5)(A), the Secretary of the Army may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations 
     or locations, in the number of units, and in the amounts set 
     forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                  Installation or Location             Units                  Amount
----------------------------------------------------------------------------------------------------------------
Germany...............................  Wiesbaden Air Base........  326......................       $133,000,000
Korea.................................  Camp Humphreys............  216......................       $125,000,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(5)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $579,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(5)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $420,001,000.

[[Page 20899]]



     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2008, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Army in the total amount of $5,973,388,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $4,010,063,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $185,350,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $23,000,000.
       (4) For host nation support and architectural and 
     engineering services and construction design under section 
     2807 of title 10, United States Code, $178,685,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $646,580,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $716,110,000.
       (6) For the construction of increment 3 of a barracks 
     complex at Fort Lewis, Washington, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
     2445), as amended by section 20814 of the Continuing 
     Appropriations Resolution, 2007 (division B of Public Law 
     109-289), as added by section 2 of the Revised Continuing 
     Resolution, 2007 (Public Law 110-5; 121 Stat 41), 
     $102,000,000.
       (7) For the construction of increment 2 of the United 
     States Southern Command Headquarters at Miami Doral, Florida, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 504), $81,600,000.
       (8) For the construction of increment 2 of the brigade 
     complex operations support facility at Vicenza, Italy, 
     authorized by section 2101(b) of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 505), $15,000,000.
       (9) For the construction of increment 2 of the brigade 
     complex barracks and community support facility at Vicenza, 
     Italy, authorized by section 2101(b) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 505), $15,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $60,000,000 (the balance of the amount authorized under 
     section 2101(a) for barracks and a dining facility at Fort 
     Carson, Colorado).
       (3) $80,000,000 (the balance of the amount authorized under 
     section 2101(a) for barracks and a dining facility at Fort 
     Stewart, Georgia).
       (4) $59,500,000 (the balance of the amount authorized under 
     section 2101(b) for the construction of a headquarters 
     element in Wiesbaden, Germany).
       (5) $101,000,000 (the balance of the amount authorized 
     under section 2102(a) for family housing at Wiesbaden, 
     Germany).

     SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2008 PROJECTS.

       (a) Inside the United States Projects.--The table in 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2008 (division B of Public Law 110-181; 
     122 Stat. 504) is amended--
       (1) in the item relating to Hawthorne Army Ammunition 
     Plant, Nevada, by striking ``$11,800,000'' in the amount 
     column and inserting ``$7,300,000'';
       (2) in the item relating to Fort Drum, New York, by 
     striking ``$311,200,000'' in the amount column and inserting 
     ``$304,600,000''; and
       (3) in the item relating to Fort Bliss, Texas, by striking 
     ``$118,400,000'' in the amount column and inserting 
     ``$111,900,000''.
       (b) Conforming Amendments.--Section 2104(a) of that Act 
     (122 Stat. 506) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$5,106,703,000'' and inserting ``$5,089,103,000''; and
       (2) in paragraph (1), by striking ``$3,198,150,000'' and 
     inserting ``$3,180,550,000''.

     SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2007 PROJECTS.

       (a) Inside the United States Projects.--The table in 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2007 (division B of Public Law 109-364; 
     120 Stat. 2445), as amended by section 20814 of the 
     Continuing Appropriations Resolution, 2007 (division B of 
     Public Law 109-289) and section 2105(a) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 507), is further amended 
     in the item relating to Fort Bragg, North Carolina, by 
     striking ``$96,900,000'' in the amount column and inserting 
     ``$75,900,000''.
       (b) Outside the United States Projects.--The table in 
     section 2101(b) of the Military Construction Authorization 
     Act for Fiscal Year 2007 (division B of Public Law 109-364; 
     120 Stat. 2446), as amended by section 2106(a) of the 
     Military Construction Authorization Act for Fiscal Year 2008 
     (division B of Public Law 110-181; 122 Stat. 508), is further 
     amended in the item relating to Vicenza, Italy, by striking 
     ``$223,000,000'' in the amount column and inserting 
     ``$208,280,000''.
       (c) Conforming Amendments.--Section 2104(a) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2447), as amended by 
     section 2105(b) of the Military Construction Authorization 
     Act for Fiscal Year 2008 (division B of Public Law 110-181; 
     122 Stat. 508), is further amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$3,275,700,000'' and inserting ``$3,239,980,000'';
       (2) in paragraph (1), by striking ``$1,119,450,000'' and 
     inserting ``$1,098,450,000''; and
       (3) in paragraph (2), by striking ``$510,582,00'' and 
     inserting ``$495,862,000''.

     SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2006 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3501), the 
     authorizations set forth in the table in subsection (b), as 
     provided in section 2101 of that Act (119 Stat. 3485), shall 
     remain in effect until October 1, 2009, or the date of the 
     enactment of an Act authorizing funds for military 
     construction for fiscal year 2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                                 Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                                       Installation or
               State                      Location                   Project                      Amount
----------------------------------------------------------------------------------------------------------------
Hawaii............................  Pohakuloa...........  Tactical Vehicle Wash                       $9,207,000
                                                           Facility.
                                                          Battle Area Complex..........              $33,660,000
Virginia..........................  Fort Belvoir........  Defense Access Road..........              $18,000,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
                   2005 PROJECT.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2116), the 
     authorization set forth in the table in subsection (b), as 
     provided in section 2101 of that Act (118 Stat. 2101) and 
     extended by section 2108 of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 508), shall remain in effect until 
     October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                                  Army: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
                                          Installation or
                State                        Location                     Project                    Amount
----------------------------------------------------------------------------------------------------------------
Hawaii..............................  Schofield Barracks....  Training Facility..............        $35,542,000
----------------------------------------------------------------------------------------------------------------


[[Page 20900]]

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
              2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year 
              2007 projects.

     SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(1), the Secretary of the Navy may acquire real property 
     and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                                            Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................  Marine Corps Air Station, Yuma..................        $19,490,000
California.................................  Marine Corps Logistics Base, Barstow............         $7,830,000
                                             Marine Corps Base, Camp Pendleton...............       $799,870,000
                                             Naval Air Facility, El Centro...................         $8,900,000
                                             Marine Corps Air Station, Miramar...............        $48,770,000
                                             Naval Post Graduate School, Monterey............         $9,900,000
                                             Naval Air Station, North Island.................        $60,152,000
                                             Naval Facility, San Clemente Island.............        $34,020,000
                                             Marine Corps Recruit Depot, San Diego...........        $51,220,000
                                             Marine Corps Base, Twentynine Palms.............       $155,310,000
Connecticut................................  Naval Submarine Base, Groton....................        $46,060,000
                                             Naval Submarine Base, New London................        $11,000,000
District of Columbia.......................  Naval Support Activity, Washington..............        $24,220,000
Florida....................................  Naval Air Station, Jacksonville.................        $12,890,000
                                             Naval Station, Mayport..........................        $18,280,000
                                             Naval Support Activity, Tampa...................        $29,000,000
Georgia....................................  Marine Corps Logistics Base, Albany.............        $15,320,000
                                             Naval Submarine Base, Kings Bay.................         $6,130,000
Hawaii.....................................  Pacific Missile Range, Barking Sands............        $28,900,000
                                             Marine Corps Base, Kaneohe......................        $28,200,000
                                             Naval Station, Pearl Harbor.....................        $80,290,000
Illinois...................................  Recruit Training Command, Great Lakes...........        $62,940,000
Maine......................................  Portsmouth Naval Shipyard.......................        $30,640,000
Maryland...................................  Naval Surface Warfare Center, Carderock.........         $6,980,000
                                             Naval Surface Warfare Center, Indian Head.......        $25,980,000
Mississippi................................  Naval Construction Battalion Center, Gulfport...        $12,770,000
                                             Naval Air Station, Meridian.....................         $6,340,000
New Jersey.................................  Naval Air Warfare Center, Lakehurst.............        $15,440,000
                                             Naval Weapons Station, Earle....................         $8,160,000
North Carolina.............................  Marine Corps Base, Camp Lejeune.................       $353,090,000
                                             Marine Corps Air Station, Cherry Point..........        $77,420,000
                                             Marine Corps Air Station, New River.............        $86,280,000
Pennsylvania...............................  Naval Support Activity, Philadelphia............        $22,020,000
Rhode Island...............................  Naval Station, Newport..........................        $39,800,000
South Carolina.............................  Marine Corps Air Station, Beaufort..............         $5,940,000
                                             Marine Corps Recruit Depot, Parris Island.......        $64,750,000
Texas......................................  Naval Air Station, Corpus Christi...............         $3,500,000
                                             Naval Air Station, Kingsville...................        $11,580,000
Virginia...................................  Naval Station, Norfolk..........................        $73,280,000
                                             Marine Corps Base, Quantico.....................       $150,290,000
Washington.................................  Naval Base, Kitsap..............................         $5,110,000
                                             Naval Air Station Whidbey Island................         $6,160,000
----------------------------------------------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(2), the Secretary of the Navy may acquire real property 
     and carry out military construction projects for the 
     installation or location outside the United States, and in 
     the amounts, set forth in the following table:

                                         Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
                   Country                                 Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Cuba........................................  Naval Air Station, Guantanamo Bay................      $20,600,000
Diego Garcia................................  Diego Garcia.....................................      $35,060,000
Djibouti....................................  Camp Lemonier....................................      $31,410,000
Guam........................................  Naval Activities, Guam...........................      $88,430,000
----------------------------------------------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using the amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(3), the Secretary of the Navy may acquire real property 
     and carry out military construction projects for unspecified 
     installations or locations in the amounts set forth in the 
     following table:

                                           Navy: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
                  Location                                 Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.......................  Unspecified Worldwide............................     $101,020,000
----------------------------------------------------------------------------------------------------------------


[[Page 20901]]

     SEC. 2202. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2204(6)(A), the Secretary of the Navy may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations 
     or locations, in the number of units, and in the amount set 
     forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                Location                   Installation or Location             Units                 Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay.........................  Naval Air Station,           146......................      $59,943,000
                                          Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(6)(A), the Secretary of the Navy may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $2,169,000.

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2204(6)(A), the Secretary of the 
     Navy may improve existing military family housing units in an 
     amount not to exceed $318,011,000.

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of the Navy in the total amount 
     of $4,046,354,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $2,564,312,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $175,500,000.
       (3) For military construction projects at unspecified 
     worldwide locations authorized by section 2201(c), 
     $101,020,000.
       (4) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $13,670,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $246,528,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $380,123,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $376,062,000.
       (7) For the construction of increment 2 of the wharf 
     extension at Naval Forces Marianas Islands, Guam, authorized 
     by section 2201(b) of the Military Construction Authorization 
     Act for Fiscal Year 2008 (division B of Public Law 110-181; 
     122 Stat. 510), $50,912,000.
       (8) For the construction of increment 2 of the submarine 
     drive-in magnetic silencing facility at Naval Submarine Base, 
     Pearl Harbor, Hawaii, authorized in section 2201(a) of the 
     Military Construction Authorization Act for Fiscal Year 2008 
     (division B of Public Law 110-181; 122 Stat. 510), 
     $41,088,000.
       (9) For the construction of increment 3 of the National 
     Maritime Intelligence Center, Suitland, Maryland, authorized 
     by section 2201(a) of the Military Construction Authorization 
     Act for Fiscal Year 2007 (division B of Public Law 109-364; 
     120 Stat. 2448), $12,439,000.
       (10) For the construction of increment 2 of hangar 5 
     recapitalizations at Naval Air Station, Whidbey Island, 
     Washington, authorized by section 2201(a) of the Military 
     Construction Authorization Act of Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2448), $34,000,000.
       (11) For the construction of increment 5 of the limited 
     area production and storage complex at Naval Submarine Base, 
     Kitsap, Bangor, Washington (formerly referred to as a project 
     at the Strategic Weapons Facility Pacific, Bangor), 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act of Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2106), as amended by section 2206 of 
     the Military Construction Authorization Act for Fiscal Year 
     2006 (division B of Public law 109-163; 119 Stat. 3493) and 
     section 2206 of the Military Construction Authorization Act 
     for Fiscal Year 2008 (division B of Public Law 110-181; 122 
     Stat. 514) $50,700,000.

     SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2005 PROJECT.

       The table in section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2105), as amended by section 2206 of 
     the Military Construction Authorization Act for Fiscal Year 
     2006 (division B of Public Law 109-163; 119 Stat. 3493) and 
     section 2206 of the Military Construction Authorization Act 
     for Fiscal Year 2008 (division B of Public Law 110-181; 122 
     Stat. 514), is further amended--
       (1) in the item relating to Strategic Weapons Facility 
     Pacific, Bangor, Washington, by striking ``$295,000,000'' in 
     the amount column and inserting ``$311,670,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$1,084,497,000''.

     SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2007 PROJECTS.

       (a) Modifications.--The table in section 2201(a) of the 
     Military Construction Authorization Act for Fiscal Year 2007 
     (division B of Public Law 109-364; 120 Stat. 2448), as 
     amended by section 2205(a)(17) of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 513), is further amended--
       (1) in the item relating to NMIC/Naval Support Activity, 
     Suitland, Maryland, by striking ``$67,939,000'' in the amount 
     column and inserting ``$76,288,000''; and
       (2) in the item relating to Naval Air Station, Whidbey 
     Island, Washington, by striking ``$57,653,000'' in the amount 
     column and inserting ``$60,500,000''.
       (b) Conforming Amendments.--Section 2204(b) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2452) is amended--
       (1) in paragraph (2), by striking ``$56,159,000'' and 
     inserting ``$64,508,000''; and
       (2) in paragraph (3), by striking ``$31,153,000'' and 
     inserting ``$34,000,000''.

                         TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2006 
              projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2005 
              projects.

     SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(1), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................  Maxwell Air Force Base..........................        $15,556,000
Alaska.....................................  Elmendorf Air Force Base........................       $138,300,000
Arizona....................................  Davis Monthan Air Force Base....................        $15,000,000
California.................................  Edwards Air Force Base..........................         $9,100,000
                                             Travis Air Force Base...........................        $12,100,000
Colorado...................................  Peterson Air Force Base.........................         $4,900,000
                                             United States Air Force Academy.................        $18,000,000
Delaware...................................  Dover Air Force Base............................        $19,000,000
Florida....................................  Cape Canaveral Air Station......................         $8,000,000
                                             Eglin Air Force Base............................        $19,000,000
                                             MacDill Air Force Base..........................        $26,000,000
                                             Tyndall Air Force Base..........................        $11,600,000

[[Page 20902]]

 
Georgia....................................  Robins Air Force Base...........................        $29,350,000
Kansas.....................................  McConnell Air Force Base........................         $6,800,000
Louisiana..................................  Barksdale Air Force Base........................        $14,600,000
Maryland...................................  Andrews Air Force Base..........................        $77,648,000
Mississippi................................  Columbus Air Force Base.........................         $8,100,000
                                             Keesler Air Force Base..........................         $6,600,000
Missouri...................................  Whiteman Air Force Base.........................         $4,200,000
Montana....................................  Malmstrom Air Force Base........................        $10,000,000
Nevada.....................................  Creech Air Force Base...........................        $48,500,000
                                             Nellis Air Force Base...........................        $63,100,000
New Jersey.................................  McGuire Air Force Base..........................         $7,200,000
 New Mexico................................  Holloman Air Force Base.........................        $25,450,000
North Carolina.............................  Seymour Johnson Air Force Base..................        $12,200,000
North Dakota...............................  Grand Forks Air Force Base......................        $13,000,000
Ohio.......................................  Wright Patterson Air Force Base.................        $14,000,000
Oklahoma...................................  Altus Air Force Base............................        $10,200,000
                                             Tinker Air Force Base...........................        $54,000,000
South Carolina.............................   Charleston Air Force Base......................         $4,500,000
                                             Shaw Air Force Base.............................         $9,900,000
South Dakota...............................  Ellsworth Air Force Base........................        $11,000,000
Texas......................................  Dyess Air Force Base............................        $21,000,000
                                             Fort Hood.......................................        $10,800,000
                                             Lackland Air Force Base.........................        $75,515,000
Utah.......................................  Hill Air Force Base.............................        $41,400,000
Washington.................................  McChord Air Force Base..........................         $5,500,000
Wyoming....................................  Francis E. Warren Air Force Base................         $8,600,000
----------------------------------------------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(2), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................   Bagram Airfield................................        $57,200,000
Guam.......................................  Andersen Air Force Base.........................        $10,600,000
Kyrgyzstan.................................  Manas Air Base..................................         $6,000,000
United Kingdom.............................  Royal Air Force Lakenheath......................         $7,400,000
----------------------------------------------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using the amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(3), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for 
     unspecified installations or locations in the amounts set 
     forth in the following table:

                                        Air Force: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
                  Location                                Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified......................  Unspecified Worldwide Locations.................        $38,391,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2304(6)(A), the Secretary of the Air Force may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations 
     or locations, in the number of units, and in the amounts set 
     forth in the following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
               Country                   Installation or  Location            Purpose                Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom.......................  Royal Air Force Lakenheath..  182 Units...............        $71,828,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(6)(A), the Secretary of the Air Force may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $7,708,000.

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2304(6)(A), the Secretary of the 
     Air Force may improve existing military family housing units 
     in an amount not to exceed $316,343,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of the Air Force in the total 
     amount of $2,108,090,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $889,719,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $81,200,000.
       (3) For the military construction projects at unspecified 
     worldwide locations authorized by section 2301(c), 
     $38,391,000.
       (4) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $15,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $93,436,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $395,879,000.

[[Page 20903]]

       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $594,465,000.

     SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2006 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3501), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2302 of that Act, shall remain in effect 
     until October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                               Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or  Location            Project                Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................  Eielson Air Force Base.....  Replace Family Housing          $37,650,000
                                                                      (92 units).............
                                                                     Purchase Build/Lease            $18,144,000
                                                                      Housing (300 units)....
California............................  Edwards Air Force Base.....  Replace Family Housing          $59,699,000
                                                                      (226 units)............
Florida...............................  MacDill Air Force Base.....  Replace Family Housing          $40,982,000
                                                                      (109 units)............
Missouri..............................  Whiteman Air Force Base....  Replace Family Housing          $26,917,000
                                                                      (111 units)............
North Carolina........................  Seymour Johnson Air Force    Replace Family Housing          $48,868,000
                                         Base......................   (255 units)............
North Dakota..........................  Grand Forks Air Force Base.  Replace Family Housing          $43,353,000
                                                                      (150 units)............
----------------------------------------------------------------------------------------------------------------

     SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2005 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2116), 
     authorizations set forth in the table in subsection (b), as 
     provided in sections 2301 and 2302 of that Act and extended 
     by section 2307 of the Military Construction Authorization 
     Act for Fiscal Year 2008 (division B of Public Law 110-181; 
     122 Stat. 519), shall remain in effect until October 1, 2009, 
     or the date of the enactment of an Act authorizing funds for 
     military construction for fiscal year 2010, whichever is 
     later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                               Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                                          Installation or
            State/Country                    Location                     Project                    Amount
----------------------------------------------------------------------------------------------------------------
Arizona.............................  Davis-Monthan Air       Replace Family Housing (250            $48,500,000
                                       Force Base...........   units)........................
California..........................  Vandenberg Air Force    Replace Family Housing (120            $30,906,000
                                       Base.................   units)........................
Florida.............................  MacDill Air Force Base  Construct Housing Maintenance           $1,250,000
                                                               Facility......................
Missouri............................  Whiteman Air Force      Replace Family Housing (160            $37,087,000
                                       Base.................   units)........................
North Carolina......................  Seymour Johnson Air     Replace Family Housing (167            $32,693,000
                                       Force Base...........   units)........................
Germany.............................  Ramstein Air Base.....  USAFE Theater Aerospace                $24,204,000
                                                               Operations Support Center.....
----------------------------------------------------------------------------------------------------------------

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 
              2007 project.
Sec. 2405. Modification of authority to carry out certain fiscal year 
              2005 projects.
Sec. 2406. Extension of authorization of certain fiscal year 2006 
              project.

          Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorized chemical demilitarization program construction 
              and land acquisition projects.
Sec. 2412. Authorization of appropriations, chemical demilitarization 
              construction, defense-wide.
Sec. 2413. Modification of authority to carry out certain fiscal year 
              1997 project.
Sec. 2414. Modification of authority to carry out certain fiscal year 
              2000 project.

               Subtitle A--Defense Agency Authorizations

     SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2403(a)(1), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following tables:

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Kentucky...................................  Fort Campbell...................................        $21,400,000
North Carolina.............................  Fort Bragg......................................        $78,471,000
----------------------------------------------------------------------------------------------------------------


                                           Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Illinois...................................  Scott Air Force Base............................        $13,977,000
----------------------------------------------------------------------------------------------------------------


                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
California.................................  Defense Distribution Depot, Tracy...............        $50,300,000
Delaware...................................  Defense Fuel Supply Center, Dover Air Force Base         $3,373,000
Florida....................................  Defense Fuel Support Point, Jacksonville........        $34,000,000
Georgia....................................  Hunter Army Air Field...........................         $3,500,000
Hawaii.....................................  Pearl Harbor....................................        $27,700,000
New Mexico.................................  Kirtland Air Force Base.........................        $14,400,000

[[Page 20904]]

 
Oklahoma...................................  Altus Air Force Base............................         $2,850,000
Pennsylvania...............................  Philadelphia....................................         $1,200,000
Utah.......................................  Hill Air Force Base.............................        $20,400,000
Virginia...................................  Craney Island...................................        $39,900,000
----------------------------------------------------------------------------------------------------------------


                                            National Security Agency
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Maryland...................................  Fort Meade......................................        $31,000,000
----------------------------------------------------------------------------------------------------------------


                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
California.................................  Naval Amphibious Base, Coronado.................         $9,800,000
Florida....................................  Eglin Air Force Base............................         $40,000,00
                                             Hurlburt Field..................................         $8,900,000
                                             MacDill Air Force Base..........................        $10,500,000
Kentucky...................................  Fort Campbell...................................        $15,000,000
New Mexico.................................  Cannon Air Force Base...........................        $26,400,000
North Carolina.............................  Fort Bragg......................................        $38,250,000
Virginia...................................  Fort Story......................................        $11,600,000
Washington.................................  Fort Lewis......................................        $38,000,000
----------------------------------------------------------------------------------------------------------------


                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Alaska.....................................  Fort Richardson.................................         $6,300,000
Colorado...................................  Buckley Air Force Base..........................         $3,000,000
Georgia....................................  Fort Benning....................................         $3,900,000
Kentucky...................................  Fort Campbell...................................        $24,000,000
Maryland...................................  Aberdeen Proving Ground.........................       $430,000,000
Missouri...................................  Fort Leonard Wood...............................        $22,000,000
Oklahoma...................................  Tinker Air Force Base...........................        $65,000,000
Texas......................................  Fort Sam Houston................................        $13,000,000
----------------------------------------------------------------------------------------------------------------


                                        Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Virginia...................................  Pentagon Reservation............................        $38,940,000
----------------------------------------------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2403(a)(2), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following tables:

                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................  Germersheim.....................................        $48,000,000
Greece.....................................  Souda Bay.......................................         $8,000,000
----------------------------------------------------------------------------------------------------------------


                                             Missile Defense Command
----------------------------------------------------------------------------------------------------------------
                   Country                                Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Czech Republic...............................  Various Locations.............................       $176,100,000
Poland.......................................  Various Locations.............................       $661,380,000
----------------------------------------------------------------------------------------------------------------


                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                   Country                                Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Qatar........................................  Al Udeid......................................         $9,200,000
----------------------------------------------------------------------------------------------------------------


                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                   Country                                Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Guam.........................................  Naval Activities..............................        $30,000,000
----------------------------------------------------------------------------------------------------------------


[[Page 20905]]

     SEC. 2402. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2403(a)(6), the Secretary of 
     Defense may carry out energy conservation projects under 
     chapter 173 of title 10, United States Code, in the amount of 
     $90,000,000.

     SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2008, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) in the total 
     amount of $1,639,050,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $740,811,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $246,360,000.
       (3) For unspecified minor military construction projects 
     under section 2805 of title 10, United States Code, 
     $28,853,000.
       (4) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $5,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $133,225,000.
       (6) For energy conservation projects authorized by section 
     2402 of this Act, $90,000,000.
       (7) For support of military family housing, including 
     functions described in section 2833 of title 10, United 
     States Code, and credits to the Department of Defense Family 
     Housing Improvement Fund under section 2883 of title 10, 
     United States Code, and the Homeowners Assistance Fund 
     established under section 1013 of the Demonstration Cities 
     and Metropolitan Development Act of 1966 (42 U.S.C. 3374), 
     $54,581,000.
       (8) For the construction of increment 4 of the regional 
     security operations center at Augusta, Georgia, authorized by 
     section 2401(a) of the Military Construction Authorization 
     Act of Fiscal Year 2006 (division B of Public Law 109-163; 
     119 Stat. 3497), as amended by section 7016 of the Emergency 
     Supplemental Appropriation Act for Defense, the Global War on 
     Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 
     Stat. 485), $100,220,000.
       (9) For the construction of increment 2 of the Army Medical 
     Research Institute of Infectious Diseases Stage 1 at Fort 
     Detrick, Maryland, authorized by section 2401(a) of the 
     Military Construction Authorization Act of Fiscal Year 2007 
     (division B of Public Law 109-364; 120 Stat. 2457), 
     $209,000,000.
       (10) For the construction of increment 2 of the special 
     operations forces operational facility at Dam Neck, Virginia, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act of Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 521), $31,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $402,000,000 (the balance of the amount authorized for 
     the TRICARE Management Activity under section 2401(a) for the 
     construction of the United States Army Medical Research 
     Institute of Infectious Diseases at Aberdeen Proving Ground, 
     Maryland).
       (3) $618,780,000 (the balance of the amount authorized for 
     the Missile Defense Command under section 2401(b) for the 
     construction of the Ballistic Missile Defense, European 
     Interceptor Site).
       (4) $67,540,000 (the balance of the amount authorized for 
     the Missile Defense Command under section 2401(b) for the 
     construction of the Ballistic Missile Defense, European Mid-
     Course Radar Site).

     SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2007 PROJECT.

       (a) Modification.--The table relating to the TRICARE 
     Management Activity in section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2457) is amended in the 
     item relating to Fort Detrick, Maryland, by striking 
     ``$550,000,000'' in the amount column and inserting 
     ``$683,000,000''.
       (b) Conforming Amendment.--Section 2405(b)(3) of that Act 
     (120 Stat. 2461) is amended by striking ``$521,000,000'' and 
     inserting ``$654,000,000''.

     SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2005 PROJECTS.

       (a) Modification.--The table in section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2112) is 
     amended--
       (1) by striking the item relating to Defense Fuel Support 
     Point, Naval Air Station, Oceana, Virginia; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$485,193,000''.
       (b) Conforming Amendments.--Section 2404(a) of that Act 
     (118 Stat. 2113) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$1,055,663,000'' and inserting ``$1,052,074,000''; and
       (2) in paragraph (1), by striking ``$411,782,000'' and 
     inserting ``$408,193,000''.

     SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
                   2006 PROJECT.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3501), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2401 of that Act, shall remain in effect 
     until October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                        Defense Logistics Agency: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
           Installation or Location                                Project                           Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency.....................  Defense Distribution Depot Susquehanna, New            $6,500,000
                                                Cumberland, Pennsylvania.
----------------------------------------------------------------------------------------------------------------

          Subtitle B--Chemical Demilitarization Authorizations

     SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM 
                   CONSTRUCTION AND LAND ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2412(1), the Secretary of Defense 
     may acquire real property and carry out military construction 
     projects for the installations or locations inside the United 
     States, and in the amounts, set forth in the following table:

                           Chemical Demilitarization Program: Inside the United States
----------------------------------------------------------------------------------------------------------------
                    Army                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Army.......................................  Blue Grass Army Depot, Kentucky.................        $12,000,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL 
                   DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for military 
     construction and land acquisition for chemical 
     demilitarization in the total amount of $144,278,000, as 
     follows:
       (1) For military construction projects inside the United 
     States authorized by section 2411(a), $12,000,000.
       (2) For the construction of phase 10 of a munitions 
     demilitarization facility at Pueblo Chemical Activity, 
     Colorado, authorized by section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1997 (division 
     B of Public Law 104-201; 110 Stat. 2775), as amended by 
     section 2406 of the Military Construction Authorization Act 
     for Fiscal Year 2000 (division B of Public Law 106-65; 113 
     Stat. 839) and section 2407 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2698), $65,060,000.
       (3) For the construction of phase 9 of a munitions 
     demilitarization facility at Blue Grass Army Depot, Kentucky, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
     Military Construction Authorization Act for Fiscal Year 2002 
     (division B of Public Law 107-107; 115 Stat. 1298) and 
     section 2405 of the Military Construction Authorization Act 
     for Fiscal Year 2003 (division B of Public Law 107-314; 116 
     Stat. 2698), $67,218,000.

[[Page 20906]]



     SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 1997 PROJECT.

       (a) Modifications.--The table in section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 1997 
     (division B of Public Law 104-201; 110 Stat. 2775), as 
     amended by section 2406 of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 839) and section 2407 of the Military 
     Construction Authorization Act for Fiscal Year 2003 (division 
     B of Public Law 107-314; 116 Stat. 2699), is amended--
       (1) under the agency heading relating to the Chemical 
     Demilitarization Program, in the item relating to Pueblo Army 
     Depot, Colorado, by striking ``$261,000,000'' in the amount 
     column and inserting ``$484,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$830,454,000''.
       (b) Conforming Amendment.--Section 2406(b)(2) of the 
     Military Construction Authorization Act for Fiscal Year 1997 
     (110 Stat. 2779), as so amended, is further amended by 
     striking ``$261,000,000'' and inserting ``$484,000,000''.

     SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2000 PROJECT.

       (a) Modifications.--The table in section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 835), as amended 
     by section 2405 of the Military Construction Authorization 
     Act for Fiscal Year 2002 (division B of Public Law 107-107; 
     115 Stat. 1298) and section 2405 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2698), is amended--
       (1) under the agency heading relating to Chemical 
     Demilitarization, in the item relating to Blue Grass Army 
     Depot, Kentucky, by striking ``$290,325,000'' in the amount 
     column and inserting ``$492,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$949,920,000''.
       (b) Conforming Amendment.--Section 2405(b)(3) of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 839), as amended 
     by section 2405 of the Military Construction Authorization 
     Act for Fiscal Year 2002 (division B of Public Law 107-107; 
     115 Stat. 1298) and section 2405 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2698), is further amended by striking 
     ``$267,525,000'' and inserting ``$469,200,000''.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

     SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       The Secretary of Defense may make contributions for the 
     North Atlantic Treaty Organization Security Investment 
     Program as provided in section 2806 of title 10, United 
     States Code, in an amount not to exceed the sum of the amount 
     authorized to be appropriated for this purpose in section 
     2502 and the amount collected from the North Atlantic Treaty 
     Organization as a result of construction previously financed 
     by the United States.

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Organization 
     Security Investment Program authorized by section 2501, in 
     the amount of $230,867,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
              acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
              projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve 
              construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
              acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
              acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out certain fiscal year 
              2008 project.
Sec. 2608. Extension of authorizations of certain fiscal year 2006 
              projects.
Sec. 2609. Extension of Authorization of certain fiscal year 2005 
              project.

     SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 
                   LAND ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(1)(A), the Secretary of the 
     Army may acquire real property and carry out military 
     construction projects for the Army National Guard locations, 
     and in the amounts, set forth in the following table:


                                               Army National Guard
----------------------------------------------------------------------------------------------------------------
                    State                                         Location                           Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................  Fort McClellan................................         $3,000,000
Alaska.......................................  Bethel Armory.................................        $16,000,000
Arizona......................................  Camp Navajo...................................        $13,000,000
                                               Florence......................................        $13,800,000
                                               Papago Military Reservation...................        $24,000,000
Arkansas.....................................  Cabot.........................................        $10,868,000
Colorado.....................................  Denver........................................         $9,000,000
                                               Grand Junction................................         $9,000,000
Connecticut..................................  Camp Rell.....................................        $28,000,000
                                               East Haven....................................        $13,800,000
Delaware.....................................  New Castle....................................        $28,000,000
Florida......................................  Camp Blanding.................................        $33,307,000
Georgia......................................  Dobbins Air Reserve Base......................        $45,000,000
Idaho........................................  Orchard Training Area.........................         $1,850,000
Illinois.....................................  Urbana Armory.................................        $16,186,000
Indiana......................................  Camp Atterbury................................         $5,800,000
                                               Lawrence......................................        $21,000,000
                                               Muscatatuck...................................         $6,000,000
Iowa.........................................  Camp Dodge....................................         $1,500,000
                                               Davenport.....................................         $1,550,000
                                               Mount Pleasant................................         $1,500,000
Kentucky.....................................  London........................................         $7,191,000
Maine........................................  Bangor........................................        $20,000,000
Maryland.....................................  Edgewood......................................        $28,000,000
                                               Salisbury.....................................         $9,800,000
Massachusetts................................  Methuen.......................................        $21,000,000
Michigan.....................................  Camp Grayling.................................        $22,943,000
Minnesota....................................  Arden Hills...................................        $15,000,000
Nevada.......................................  Elko..........................................        $11,375,000
New York.....................................  Fort Drum.....................................        $11,000,000
                                               Queensbury....................................         $5,900,000
Ohio.........................................  Camp Perry....................................         $2,000,000
                                               Ravenna.......................................         $2,000,000
Pennsylvania.................................  Honesdale.....................................         $6,117,000
Rhode Island.................................  North Kingstown...............................         $5,000,000
South Carolina...............................  Anderson......................................        $12,000,000

[[Page 20907]]

 
                                               Beaufort......................................         $3,400,000
                                               Eastover......................................        $28,000,000
                                               Hemingway.....................................         $4,600,000
South Dakota.................................  Camp Rapid....................................        $14,463,000
                                               Rapid City....................................        $29,000,000
Tennessee....................................  Tullahoma.....................................        $10,372,000
Utah.........................................  Camp Williams.................................        $17,500,000
Vermont......................................  Ethan Allen Firing Range......................        $10,200,000
Virginia.....................................  Arlington.....................................        $15,500,000
                                               Fort Pickett..................................         $2,950,000
Washington...................................  Fort Lewis (Gray Army Airfield)...............        $32,000,000
West Virginia................................  Camp Dawson...................................         $9,000,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(1)(B), the Secretary of the 
     Army may acquire real property and carry out military 
     construction projects for the Army Reserve locations, and in 
     the amounts, set forth in the following table:


                                                  Army Reserve
----------------------------------------------------------------------------------------------------------------
                    State                                         Location                           Amount
----------------------------------------------------------------------------------------------------------------
California...................................  Fort Hunter Liggett...........................         $3,950,000
Hawaii                                         Fort Shafter..................................        $19,199,000
Idaho........................................  Hayden Lake...................................         $9,580,000
Kansas.......................................  Dodge City....................................         $8,100,000
Maryland.....................................  Baltimore.....................................        $11,600,000
Massachusetts................................  Fort Devens...................................         $1,900,000
Michigan.....................................  Saginaw.......................................        $11,500,000
Missouri.....................................  Weldon Springs................................        $11,700,000
Nevada.......................................  Las Vegas.....................................        $33,900,000
New Jersey...................................  Fort Dix......................................         $3,825,000
New York.....................................  Kingston......................................        $13,494,000
                                               Shoreham......................................        $15,031,000
                                               Staten Island.................................        $18,550,000
North Carolina...............................  Raleigh.......................................        $25,581,000
Pennsylvania.................................  Letterkenny Army Depot........................        $14,914,000
Tennessee....................................  Chattanooga...................................        $10,600,000
Texas........................................  Sinton........................................         $9,700,000
Washington...................................  Seattle.......................................        $37,500,000
Wisconsin....................................  Fort McCoy....................................         $4,000,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
                   CONSTRUCTION AND LAND ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(2), the Secretary of the Navy 
     may acquire real property and carry out military construction 
     projects for the Navy Reserve and Marine Corps Reserve 
     locations, and in the amounts, set forth in the following 
     table:


                                      Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
                    State                                         Location                           Amount
----------------------------------------------------------------------------------------------------------------
California...................................  Lemoore.......................................        $15,420,000
Delaware.....................................  Wilmington....................................        $11,530,000
Georgia......................................  Marietta......................................         $7,560,000
Virginia.....................................  Norfolk.......................................         $8,170,000
                                               Williamsburg..................................        $12,320,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
                   LAND ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(3)(A), the Secretary of the 
     Air Force may acquire real property and carry out military 
     construction projects for the Air National Guard locations, 
     and in the amounts, set forth in the following table:


                                               Air National Guard
----------------------------------------------------------------------------------------------------------------
                    State                                         Location                           Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.....................................  Little Rock Air Force Base....................         $4,000,000
Colorado.....................................  Buckley Air Force Base........................         $4,200,000
Connecticut..................................  Bradley International Airport.................         $7,200,000
Delaware.....................................  New Castle County Airport.....................        $14,800,000
Georgia......................................  Savannah Combat Readiness Training Center.....         $7,500,000
Indiana......................................  Fort Wayne International Airport..............         $5,600,000
Iowa.........................................  Fort Dodge....................................         $5,600,000
Kansas.......................................  Smoky Hill Air National Guard Range...........         $7,100,000
Maryland.....................................  Martin State Airport..........................         $7,900,000
Massachusetts................................  Otis Air National Guard Base..................        $14,300,000
Minnesota....................................  Duluth 148th Fighter Wing Base................         $4,500,000
                                               Minneapolis-St. Paul..........................         $1,500,000
Mississippi..................................  Gulfport-Biloxi International Airport.........         $3,400,000
New Jersey...................................  Atlantic City International Airport...........         $8,400,000

[[Page 20908]]

 
New York.....................................  Gabreski Airport, Westhampton.................         $7,500,000
                                               Hancock Field.................................        $10,400,000
Ohio.........................................  Springfield Air National Guard Base...........        $12,800,000
Rhode Island.................................  Quonset State Airport.........................         $7,700,000
South Dakota.................................  Joe Foss Field................................         $4,500,000
Tennessee....................................  Knoxville.....................................         $8,000,000
Texas........................................  Ellington Field...............................         $7,600,000
                                               Fort Worth Naval Air Station Joint Reserve             $5,000,000
                                                Base.
Vermont......................................  Burlington International Airport..............         $6,600,000
Washington...................................  McChord Air Force Base........................         $8,600,000
West Virginia................................  Yeager Airport, Charleston....................        $27,000,000
Wisconsin....................................  Truax Field...................................         $6,300,000
Wyoming......................................  Cheyenne Municipal Airport....................         $7,000,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(3)(B), the Secretary of the 
     Air Force may acquire real property and carry out military 
     construction projects for the Air Force Reserve locations, 
     and in the amounts, set forth in the following table:


                                               Air Force Reserve
----------------------------------------------------------------------------------------------------------------
                    State                                         Location                           Amount
----------------------------------------------------------------------------------------------------------------
Georgia......................................  Dobbins Air Reserve Base......................         $6,450,000
Oklahoma.....................................  Tinker Air Force Base.........................         $9,900,000
New York.....................................  Niagara Falls Air Reserve Station.............         $9,000,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
                   AND RESERVE.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefor, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), in the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $736,317,000; and
       (B) for the Army Reserve, $282,607,000.
       (2) For the Department of the Navy, for the Navy and Marine 
     Corps Reserve, $57,045,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $242,924,000; and
       (B) for the Air Force Reserve, $36,958,000.

     SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2008 PROJECT.

       The table in section 2601 of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 527) is amended in the item relating 
     to North Kingstown, Rhode Island, by striking ``$33,000,000'' 
     in the amount column and inserting ``$38,000,000''.

     SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2006 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3501), the 
     authorizations set forth in the table in subsection (b), as 
     provided in section 2601 of that Act, shall remain in effect 
     until October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                          Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                                          Installation or
                State                        Location                     Project                    Amount
----------------------------------------------------------------------------------------------------------------
California..........................  Camp Roberts..........  Urban Assault Course...........         $1,485,000
Idaho...............................  Gowen Field...........  Railhead, Phase 1..............         $8,331,000
Mississippi.........................  Biloxi................  Readiness Center...............        $16,987,000
                                      Camp Shelby...........  Modified Record Fire Range.....         $2,970,000
Montana.............................  Townsend..............  Automated Qualification                 $2,532,000
                                                               Training Range.
Pennsylvania........................  Philadelphia..........  Stryker Brigade Combat Team            $11,806,000
                                                               Readiness Center.
                                                              Organizational Maintenance Shop         $6,144,930
                                                               #7.
----------------------------------------------------------------------------------------------------------------

     SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
                   2005 PROJECT.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2116), the 
     authorization set forth in the table in subsection (b), as 
     provided in section 2601 of that Act, shall remain in effect 
     until October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                          Army National Guard: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
                                          Installation or
                State                        Location                     Project                    Amount
----------------------------------------------------------------------------------------------------------------
California..........................  Dublin................  Readiness Center, Add/Alt              $11,318,000
                                                               (ADRS).
----------------------------------------------------------------------------------------------------------------

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

Sec. 2701. Authorization of appropriations for base closure and 
              realignment activities funded through Department of 
              Defense Base Closure Account 1990.
Sec. 2702. Authorized base closure and realignment activities funded 
              through Department of Defense Base Closure Account 2005.
Sec. 2703. Authorization of appropriations for base closure and 
              realignment activities funded through Department of 
              Defense Base Closure Account 2005.

        Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Modification of annual base closure and realignment 
              reporting requirements.

[[Page 20909]]

Sec. 2712. Technical corrections regarding authorized cost and scope of 
              work variations for military construction and military 
              family housing projects related to base closures and 
              realignments.

                       Subtitle C--Other Matters

Sec. 2721. Independent design review of National Naval Medical Center 
              and military hospital at Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or 
              nuclear power plants.

                       Subtitle A--Authorizations

     SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
                   AND REALIGNMENT ACTIVITIES FUNDED THROUGH 
                   DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
                   1990.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for base closure 
     and realignment activities, including real property 
     acquisition and military construction projects, as authorized 
     by the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     and funded through the Department of Defense Base Closure 
     Account 1990 established by section 2906 of such Act, in the 
     total amount of $458,377,000, as follows:
       (1) For the Department of the Army, $87,855,000.
       (2) For the Department of the Navy, $228,700,000.
       (3) For the Department of the Air Force, $139,155,000.
       (4) For the Defense Agencies, $2,667,000.

     SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES 
                   FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 
                   CLOSURE ACCOUNT 2005.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2703, the Secretary of Defense may 
     carry out base closure and realignment activities, including 
     real property acquisition and military construction projects, 
     as authorized by the Defense Base Closure and Realignment Act 
     of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note) and funded through the Department of 
     Defense Base Closure Account 2005 established by section 
     2906A of such Act, in the amount of $6,982,334,000.

     SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
                   AND REALIGNMENT ACTIVITIES FUNDED THROUGH 
                   DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
                   2005.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for base closure 
     and realignment activities, including real property 
     acquisition and military construction projects, as authorized 
     by the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     and funded through the Department of Defense Base Closure 
     Account 2005 established by section 2906A of such Act, in the 
     total amount of $9,065,386,000, as follows:
       (1) For the Department of the Army, $4,486,178,000.
       (2) For the Department of the Navy, $871,492,000.
       (3) For the Department of the Air Force, $1,072,925,000.
       (4) For the Defense Agencies, $2,634,791,000.

        Subtitle B--Amendments to Base Closure and Related Laws

     SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND 
                   REALIGNMENT REPORTING REQUIREMENTS.

       (a) Termination of Reporting Requirements After Fiscal Year 
     2014.--Section 2907 of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) is amended--
       (1) by striking ``As part of the budget request for fiscal 
     year 2007 and for each fiscal year thereafter'' and inserting 
     ``(a) Reporting Requirement.--As part of the budget request 
     for fiscal year 2007 and for each fiscal year thereafter 
     through fiscal year 2016''; and
       (2) by adding at the end the following new subsection:
       ``(b) Termination of Reporting Requirements Related to 
     Realignment Actions.--The reporting requirements under 
     subsection (a) shall terminate with respect to realignment 
     actions after the report submitted with the budget for fiscal 
     year 2014.''.
       (b) Exclusion of Descriptions of Realignment Actions.--
     Subsection (a) of such section, as designated and amended by 
     subsection (a)(1) of this section, is further amended--
       (1) in paragraph (1), by striking ``and realignment'' both 
     places it appears;
       (2) in paragraph (2), by striking ``and realignments''; and
       (3) in paragraphs (3), (4), (5), (6), and (7), by striking 
     ``or realignment'' each place it appears.

     SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST 
                   AND SCOPE OF WORK VARIATIONS FOR MILITARY 
                   CONSTRUCTION AND MILITARY FAMILY HOUSING 
                   PROJECTS RELATED TO BASE CLOSURES AND 
                   REALIGNMENTS.

       (a) Correction of Citation in Amendatory Language.--
       (1) In general.--Section 2704(a) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 532) is amended--
       (A) in subsection (a), by striking ``Section 2905A'' and 
     inserting ``Section 2906A''; and
       (B) in subsection (b), by striking ``section 2905A'' and 
     inserting ``section 2906A''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 28, 2008, as if included in the 
     enactment of section 2704 of the Military Construction 
     Authorization Act for Fiscal Year 2008.
       (b) Correction of Scope or Work Variation Limitation.--
     Subsection (f) of section 2906A of the Defense Base Closure 
     and Realignment Act of 1990 (part A of title XXIX of Public 
     Law 101-510; 10 U.S.C. 2687 note), as added by section 
     2704(a) of the Military Construction Authorization Act for 
     Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
     532) and amended by subsection (a), is amended by striking 
     ``20 percent or $2,000,000, whichever is greater'' and 
     inserting ``20 percent or $2,000,000, whichever is less''.

                       Subtitle C--Other Matters

     SEC. 2721. INDEPENDENT DESIGN REVIEW OF NATIONAL NAVAL 
                   MEDICAL CENTER AND MILITARY HOSPITAL AT FORT 
                   BELVOIR.

       (a) Findings.--Congress makes the following findings:
       (1) Military personnel and their families, as well as 
     veterans and retired military personnel living in the 
     National Capital region, deserve to be treated in world class 
     medical facilities.
       (2) World class medical facilities are defined as 
     incorporating the best practices of the premier private 
     health facilities in the country as well as the collaborative 
     input of military health care professionals into a design 
     that supports the unique needs of military personnel and 
     their families.
       (3) The closure of the Walter Reed Army Medical Center in 
     Washington, D.C., and the resulting construction of the 
     National Military Medical Center at the National Naval 
     Medical Center, Bethesda, Maryland, and a new military 
     hospital at Fort Belvoir, Virginia, offer the Department of 
     Defense the opportunity to provide state-of-the-art and 
     world-class medical facilities offering the highest quality 
     of joint service care for members of the Armed Forces and 
     their families.
       (4) Congress has supported a Department of Defense request 
     to expedite the construction of the new facilities at 
     Bethesda and Fort Belvoir in order to provide care in better 
     facilities as quickly as possible.
       (5) The Department of Defense has a responsibility to 
     ensure that the expedited design and construction of such 
     facilities do not result in degradation of the quality 
     standards required for world class facilities.
       (b) Independent Design Review.--
       (1) Establishment of design review panel.--The Secretary of 
     Defense shall establish a panel consisting of medical 
     facility design experts, military healthcare professionals, 
     representatives of premier health care facilities in the 
     United States, and patient representatives--
       (A) to review design plans for the National Military 
     Medical Center and the new military hospital at Fort Belvoir; 
     and
       (B) to advise the Secretary regarding whether the design, 
     in the view of the panel, will achieve the goal of providing 
     world-class medical facilities; and
       (2) Recommendations for changes to design plan.--If the 
     panel determines that the design plans will not meet such 
     goal, the panel shall make recommendations for changes to 
     those plans to ensure the construction of world-class medical 
     facilities.
       (3) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the panel shall submit to the 
     Secretary of Defense a report on the findings and 
     recommendations of the panel to address any deficiencies in 
     the conceptual design plans.
       (4) Assessment of recommendations.--Not later than 30 days 
     after submission of the report under paragraph (3), the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report including--
       (A) an assessment by the Secretary of the findings and 
     recommendations of the panel; and
       (B) the plans of the Secretary for addressing such findings 
     and recommendations.
       (c) Cost Estimate.--
       (1) Preparation.--The Department of Defense shall prepare a 
     cost estimate of the total cost to be incurred by the United 
     States to close Walter Reed Army Medical Center, design and 
     construct replacement facilities at the National Naval 
     Medical Center and Fort Belvoir, and relocate operations to 
     the replacement facilities.
       (2) Submission.--The Secretary of Defense shall submit the 
     resulting cost estimate to the congressional defense 
     committees as soon as possible, but in no case later than 120 
     days after the date of the enactment of this Act.
       (d) Milestone Schedule.--
       (1) Preparation.--The Secretary of Defense shall prepare a 
     complete milestone

[[Page 20910]]

     schedule for the closure of Walter Reed Army Medical Center, 
     the design and construction of replacement facilities at the 
     National Naval Medical Center and Fort Belvoir, and the 
     relocation of operations to the replacement facilities. The 
     schedule shall include a detailed plan regarding how the 
     Department of Defense will carry out the transition of 
     operations between Walter Reed Army Medical Center and the 
     replacement facilities.
       (2) Submission.--The Secretary of Defense shall submit the 
     resulting milestone schedule and transition plan to the 
     congressional defense committees as soon as possible, but in 
     no case later than 45 days after the date of the enactment of 
     this Act.

     SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR 
                   REFINERIES OR NUCLEAR POWER PLANTS.

       Not later than October 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     evaluating the feasibility of using military installations 
     selected for closure under the base closure and realignment 
     process as locations for the construction of petroleum or 
     natural gas refineries or nuclear power plants.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

Sec. 2801. Incorporation of principles of sustainable design in 
              documents submitted as part of proposed military 
              construction projects.
Sec. 2802. Revision of maximum lease amount applicable to certain 
              domestic Army family housing leases to reflect previously 
              made annual adjustments in amount.
Sec. 2803. Use of military family housing constructed under build and 
              lease authority to house members without dependents.
Sec. 2804. Leasing of military family housing to Secretary of Defense.
Sec. 2805. Improved oversight and accountability for military housing 
              privatization initiative projects.
Sec. 2806. Authority to use operation and maintenance funds for 
              construction projects inside the United States Central 
              Command and United States Africa Command areas of 
              responsibility.
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family 
              Housing LLC.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of congressional reporting requirements for 
              certain real property transactions.
Sec. 2812. Authority to lease non-excess property of military 
              departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Defense access roads.
Sec. 2815. Report on application of force protection and anti-terrorism 
              standards to gates and entry points on military 
              installations.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Sense of Congress regarding military housing and utilities 
              related to Guam realignment.
Sec. 2822. Federal assistance to Guam.
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana 
              Islands for military base reuse studies and community 
              planning assistance.
Sec. 2824. Support for realignment of military installations and 
              relocation of military personnel on Guam.

                      Subtitle D--Energy Security

Sec. 2831. Certification of enhanced use leases for energy-related 
              projects.
Sec. 2832. Annual report on Department of Defense installations energy 
              management.

                      Subtitle E--Land Conveyances

Sec. 2841. Land conveyance, former Naval Air Station, Alameda, 
              California.
Sec. 2842. Transfer of administrative jurisdiction, decommissioned 
              Naval Security Group Activity, Skaggs Island, California.
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps 
              Logistics Base, Albany, Georgia.
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army 
              Reserve Center, Springfield, Ohio.
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee.
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah.
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through 
              Fort Belvoir, Virginia.

                       Subtitle F--Other Matters

Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to 
              Arlington National Cemetery.
Sec. 2852. Acceptance and use of gifts for construction of additional 
              building at National Museum of the United States Air 
              Force, Wright-Patterson Air Force Base.
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval 
              Base, Hawaii.
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania.
Sec. 2855. Naming of health facility, Fort Rucker, Alabama.

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

     SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN 
                   IN DOCUMENTS SUBMITTED AS PART OF PROPOSED 
                   MILITARY CONSTRUCTION PROJECTS.

       (a) Definition of Life-Cycle Cost-Effective.--Subsection 
     (c) of section 2801 of title 10, United States Code, is 
     amended--
       (1) by transferring paragraph (4) to appear as the first 
     paragraph in the subsection and redesignating such paragraph 
     as paragraph (1);
       (2) by redesignating the subsequent three paragraphs as 
     paragraphs (2), (4), and (5), respectively; and
       (3) by inserting after paragraph (2), as so redesignated, 
     the following new paragraph:
       ``(3) The term `life-cycle cost-effective', with respect to 
     a project, product, or measure, means that the sum of the 
     present values of investment costs, capital costs, 
     installation costs, energy costs, operating costs, 
     maintenance costs, and replacement costs, as estimated for 
     the lifetime of the project, product, or measure, does not 
     exceed the base case (current or standard) for the practice, 
     product, or measure.''.
       (b) Inclusion.--Section 2802 of such title is amended by 
     adding at the end the following new subsection:
       ``(c) In determining the scope of a proposed military 
     construction project, the Secretary concerned shall submit to 
     the President such recommendations as the Secretary considers 
     to be appropriate regarding the incorporation and inclusion 
     of life-cycle cost-effective practices as an element in the 
     project documents submitted to Congress in connection with 
     the budget submitted pursuant to section 1105 of title 31 for 
     the fiscal year in which a contract is proposed to be awarded 
     for the project.''.

     SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO 
                   CERTAIN DOMESTIC ARMY FAMILY HOUSING LEASES TO 
                   REFLECT PREVIOUSLY MADE ANNUAL ADJUSTMENTS IN 
                   AMOUNT.

       Section 2828(b)(7)(A) of title 10, United States Code, is 
     amended by striking ``$18,620 per unit'' and inserting 
     ``$35,000 per unit''.

     SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER 
                   BUILD AND LEASE AUTHORITY TO HOUSE MEMBERS 
                   WITHOUT DEPENDENTS.

       (a) In General.--Subchapter II of chapter 169 of title 10, 
     United States Code, is amended by inserting after section 
     2835 the following new section:

     ``Sec. 2835a. Use of military family housing constructed 
       under build and lease authority to house other members

       ``(a) Individual Assignment of Members Without 
     Dependents.--(1) To the extent that the Secretary concerned 
     determines that military family housing constructed and 
     leased under section 2835 of this title is not needed to 
     house members of the armed forces eligible for assignment to 
     military family housing, the Secretary may assign, without 
     rental charge, members without dependents to the housing.
       ``(2) A member without dependents who is assigned to 
     housing pursuant to paragraph (1) shall be considered to be 
     assigned to quarters pursuant to section 403(e) of title 37.
       ``(b) Conversion to Long-Term Leasing of Military 
     Unaccompanied Housing.--(1) If the Secretary concerned 
     determines that military family housing constructed and 
     leased under section 2835 of this title is excess to the 
     long-term needs of the family housing program of the 
     Secretary, the Secretary may convert the lease contract 
     entered into under subsection (a) of such section into a 
     long-term lease of military unaccompanied housing.
       ``(2) The term of the lease contract for military 
     unaccompanied housing converted from military family housing 
     under paragraph (1) may not exceed the remaining term of the 
     lease contract for the family housing so converted.
       ``(c) Notice and Wait Requirements.--(1) The Secretary 
     concerned may not convert military family housing to military 
     unaccompanied housing under subsection (b) until--
       ``(A) the Secretary submits to the congressional defense 
     committees a notice of the intent to undertake the 
     conversion; and
       ``(B) a period of 21 days has expired following the date on 
     which the notice is received by the committees or, if 
     earlier, a period of 14 days has expired following the date 
     on which a copy of the notice is provided in an electronic 
     medium pursuant to section 480 of this title.
       ``(2) The notice required by paragraph (1) shall include--

[[Page 20911]]

       ``(A) an explanation of the reasons for the conversion of 
     the military family housing to military unaccompanied 
     housing;
       ``(B) a description of the long-term lease to be converted;
       ``(C) amounts to be paid under the lease; and
       ``(D) the expiration date of the lease.
       ``(d) Application to Housing Leased Under Former 
     Authority.--This section also shall apply to housing 
     initially acquired or constructed under the former section 
     2828(g) of this title (commonly known as the `Build to Lease 
     program'), as added by section 801 of the Military 
     Construction Authorization Act, 1984 (Public Law 98-115; 97 
     Stat 782).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2835 the following new item:

``2835a. Use of military family housing constructed under build and 
              lease authority to house other members.''.

     SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF 
                   DEFENSE.

       (a) Leasing of Housing.--Subchapter II of chapter 169 of 
     title 10, United States Code, is amended by inserting after 
     section 2837 the following new section:

     ``Sec. 2838. Leasing of military family housing to Secretary 
       of Defense

       ``(a) Authority.--(1) The Secretary of a military 
     department may lease to the Secretary of Defense military 
     family housing in the National Capital Region (as defined in 
     section 2674(f) of this title).
       ``(2) In determining the military housing unit to lease 
     under this section, the Secretary of Defense should first 
     consider any available military housing units that are 
     already substantially equipped for executive communications 
     and security.
       ``(b) Rental Rate.--A lease under subsection (a) shall 
     provide for the payment by the Secretary of Defense of 
     consideration in an amount equal to 105 percent of the 
     monthly rate of basic allowance for housing prescribed under 
     section 403(b) of title 37 for a member of the uniformed 
     services in the pay grade of O-10 with dependents assigned to 
     duty at the military installation on which the leased housing 
     unit is located. A rate so established shall be considered 
     the fair market value of the lease interest.
       ``(c) Treatment of Proceeds.--(1) The Secretary of a 
     military department shall deposit all amounts received 
     pursuant to leases entered into by the Secretary under this 
     section into a special account in the Treasury established 
     for such military department.
       ``(2) The proceeds deposited into the special account of a 
     military department pursuant to paragraph (1) shall be 
     available to the Secretary of that military department, 
     without further appropriation, for the maintenance, 
     protection, alteration, repair, improvement, or restoration 
     of military housing on the military installation at which the 
     housing leased pursuant to subsection (a) is located.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``2838. Leasing of military family housing to Secretary of Defense.''.

     SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY 
                   HOUSING PRIVATIZATION INITIATIVE PROJECTS.

       (a) Oversight and Accountability.--
       (1) In general.--Subchapter IV of chapter 169 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2885. Oversight and accountability for privatization 
       projects

       ``(a) Oversight and Accountability Measures.--Each 
     Secretary concerned shall prescribe regulations to 
     effectively oversee and manage military housing privatization 
     projects carried out under this subchapter. The regulations 
     shall include the following requirements for each 
     privatization project:
       ``(1) The installation asset manager shall conduct monthly 
     site visits and provide quarterly reports on the progress of 
     the construction or renovation of the housing units. The 
     reports shall be submitted quarterly to the assistant 
     secretary for installations and environment of the respective 
     military department.
       ``(2) The installation asset manager, and, as applicable, 
     the resident construction manager, privatization asset 
     manager, bondholder representative, project owner, developer, 
     general contractor, and construction consultant for the 
     project shall conduct meetings to ensure that the 
     construction or renovation of the units meets performance and 
     schedule requirements and that appropriate operating and 
     ground lease agreements are in place and adhered to.
       ``(3) If a project is 90 days or more behind schedule or 
     otherwise appears to be substantially failing to adhere to 
     the obligations or milestones under the contract, the 
     assistant secretary for installations and environment of the 
     respective military department shall submit a notice of 
     deficiency to the Deputy Under Secretary of Defense 
     (Installations and Environment), the Secretary concerned, the 
     managing member, and the trustee for the project.
       ``(4)(A) Not later than 15 days after the submittal of a 
     notice of deficiency under paragraph (3), the Secretary 
     concerned or designated representative shall submit to the 
     project owner, developer, or general contractor responsible 
     for the project a summary of deficiencies related to the 
     project.
       ``(B) If the project owner, developer, or general 
     contractor responsible for the privatization project is 
     unable, within 60 days after receiving a notice of deficiency 
     under subparagraph (A), to make progress on the issues 
     outlined in such notice, the Secretary concerned shall notify 
     the congressional defense committees of the status of the 
     project, and shall provide a recommended course of action to 
     correct the problems.
       ``(b) Required Qualifications.--The Secretary concerned or 
     designated representative shall ensure that the project 
     owner, developer, or general contractor that is selected for 
     each military housing privatization initiative project has 
     construction experience commensurate with that required to 
     complete the project.
       ``(c) Bonding Levels.--The Secretary concerned shall ensure 
     that the project owner, developer, or general contractor 
     responsible for a military housing privatization initiative 
     project has sufficient payment and performance bonds or 
     suitable instruments in place for each phase of a 
     construction or renovation portion of the project to ensure 
     successful completion of the work in amounts as agreed to in 
     the project's legal documents, but in no case less than 50 
     percent of the total value of the active phases of the 
     project, prior to the commencement of work for that phase.
       ``(d) Reporting of Efforts To Select Successor in Event of 
     Default.--In the event a military housing privatization 
     initiative project enters into default, the assistant 
     secretary for installations and environment of the respective 
     military department shall submit a report to the 
     congressional defense committees every 90 days detailing the 
     status of negotiations to award the project to a new project 
     owner, developer, or general contractor.
       ``(e) Effect of Notices of Deficiency on Contractors and 
     Affiliated Entities.--(1) The Secretary concerned shall keep 
     a record of all plans of action or notices of deficiency 
     issued to a project owner, developer, or general contractor 
     under subsection (a)(4), including the identity of each 
     parent, subsidiary, affiliate, or other controlling entity of 
     such owner, developer, or contractor.
       ``(2) Each military department shall consult all records 
     maintained under paragraph (1) when reviewing the past 
     performance of owners, developers, and contractors in the 
     bidding process for a contract or other agreement for a 
     military housing privatization initiative project.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``2885. Oversight and accountability for privatization projects.''.
       (b) Report for Identifying and Communicating Best Practices 
     for Transactions.--Section 2884(b) of such title is amended 
     by adding at the end the following new paragraph:
       ``(7) A report on best practices for the execution of 
     housing privatization initiatives, including--
       ``(A) effective means to track and verify proper 
     performance, schedule, and cash flow;
       ``(B) means of overseeing the actions of bondholders to 
     properly monitor construction progress and construction 
     draws;
       ``(C) effective structuring of transactions to ensure the 
     United States Government has adequate abilities to oversee 
     project owner performance;
       ``(D) ensuring that notices to proceed on new work are not 
     issued until proper bonding is in place; and
       ``(E) such other topics that are identified as pertinent by 
     the Department of Defense.''.
       (c) Partnership With Eligible Entity Required.--Section 
     2871(5) of title 10, United States Code, is amended by 
     inserting before the period at the end the following: ``that 
     is prepared to enter into a contract as a partner with the 
     Secretary concerned for the construction of military housing 
     units and ancillary supporting facilities''.
       (d) Competitive Process for Conveyance or Lease of 
     Property.--Section 2878 of such title is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e); respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Competitive Process.--The Secretary concerned shall 
     ensure that the time, method, and terms and conditions of the 
     reconveyance or lease of property or facilities under this 
     section from the eligible entity permit full and free 
     competition consistent with the value and nature of the 
     property or facilities involved.''.
       (e) Treatment of Acquired or Constructed Housing Units.--
       (1) Repeal of separate assignment authority.--Section 2882 
     of such title is amended to read as follows:

[[Page 20912]]



     ``Sec. 2882. Effect of assignment of members to housing units 
       acquired or constructed under alternative authority

       ``(a) Treatment as Quarters of the United States.--Except 
     as provided in subsection (b), housing units acquired or 
     constructed under this subchapter shall be considered as 
     quarters of the United States or a housing facility under the 
     jurisdiction of a uniformed service for purposes of section 
     403 of title 37.
       ``(b) Availability of Basic Allowance for Housing.--A 
     member of the armed forces who is assigned to a housing unit 
     acquired or constructed under this subchapter that is not 
     owned or leased by the United States shall be entitled to a 
     basic allowance for housing under section 403 of title 37.
       ``(c) Lease Payments Through Pay Allotments.--The Secretary 
     concerned may require members of the armed forces who lease 
     housing in housing units acquired or constructed under this 
     subchapter to make lease payments for such housing pursuant 
     to allotments of the pay of such members under section 701 of 
     title 37.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter IV of chapter 169 of such title is 
     amended by striking the item relating to section 2882 and 
     inserting the following new item:

``2882. Effect of assignment of members to housing units acquired or 
              constructed under alternative authority.''.
       (f) Annual Report on Maintenance and Repair to Privatized 
     General and Flag Officer Quarters.--Section 2884(b) of such 
     title, as amended by subsection (b), is further amended by 
     adding at the end the following new paragraph:
       ``(8) A report identifying each family housing unit 
     acquired or constructed under this subchapter that is used, 
     or intended to be used, as quarters for a general officer or 
     flag officer and for which the total operation, maintenance, 
     and repair costs for the unit exceeded $50,000. For each 
     housing unit so identified, the report shall also include the 
     total of such operation, maintenance, and repair costs.''.

     SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 
                   FOR CONSTRUCTION PROJECTS INSIDE THE UNITED 
                   STATES CENTRAL COMMAND AND UNITED STATES AFRICA 
                   COMMAND AREAS OF RESPONSIBILITY.

       (a) One-Year Extension of Authority.--Subsection (a) of 
     section 2808 of the Military Construction Authorization Act 
     for Fiscal Year 2004 (division B of Public Law 108-136; 117 
     Stat. 1723), as amended by section 2810 of the Military 
     Construction Authorization Act for Fiscal Year 2005 (division 
     B of Public Law 108-375; 118 Stat. 2128), section 2809 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3508), section 
     2802 of the Military Construction Authorization Act for 
     Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
     2466), and section 2801 of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 538), is further amended--
       (1) by striking ``2008'' and inserting ``2009''; and
       (2) by striking ``outside the United States'' and inserting 
     ``inside the United States Central Command and United States 
     Africa Command areas of responsibility''.
       (b) Exception for Projects in Afghanistan From Limitation 
     on Authority Related to Long-Term United States Presence.--
     Such subsection, as so amended, is further amended by 
     inserting before the period at the end of paragraph (2) the 
     following: ``, unless the military installation is located in 
     Afghanistan, for which projects using this authority may be 
     carried out at installations deemed as supporting a long-term 
     presence''.
       (c) Modification of Annual Limitation on Use of 
     Authority.--Subsection (c) of section 2808 of the Military 
     Construction Authorization Act for Fiscal Year 2004 (division 
     B of Public Law 108-136; 117 Stat. 1723) is amended to read 
     as follows:
       ``(c) Annual Limitation on Use of Authority.--(1) The total 
     cost of the construction projects carried out under the 
     authority of this section using, in whole or in part, 
     appropriated funds available for operation and maintenance 
     shall not exceed $200,000,000 in a fiscal year.
       ``(2) If the Secretary of Defense certifies to the 
     congressional defense committees that additional construction 
     in Afghanistan is required to meet urgent military 
     requirements in Afghanistan, up to an additional $300,000,000 
     in funds available for operation and maintenance may be used 
     in Afghanistan upon completing the prenotification 
     requirements under subsection (b). Under no circumstances 
     shall the total appropriated funds available from operation 
     and maintenance for fiscal year 2009 exceed $500,000,000.''.
       (d) Quarterly Reports.--Subsection (d)(1) of such section, 
     as amended by section 2810 of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2128) and section 2809 of the Military 
     Construction Authorization Act for Fiscal Year 2006 (division 
     B of Public Law 109-163; 119 Stat. 3508), is further amended 
     by striking ``30 days'' and inserting ``45 days''.

     SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK 
                   FAMILY HOUSING LLC.

       Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of the Air Force shall submit to the 
     congressional defense committees a cost-benefit analysis of 
     dissolving Patrick Family Housing LLC without exercising the 
     full range of rights available to the United States 
     Government to recover damages from the partnership.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING 
                   REQUIREMENTS FOR CERTAIN REAL PROPERTY 
                   TRANSACTIONS.

       Section 2662(c) of title 10, United States Code, is amended 
     by striking ``river and harbor projects or flood control 
     projects'' and inserting ``water resource development 
     projects of the Corps of Engineers''.

     SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY 
                   DEPARTMENTS AND DEFENSE AGENCIES.

       (a) Consolidation of Separate Authorities.--
       (1) Establishment of single authority.--Subsection (a) of 
     section 2667 of title 10, United States Code, is amended to 
     read as follows:
       ``(a) Lease Authority.--Whenever the Secretary concerned 
     considers it advantageous to the United States, the Secretary 
     concerned may lease to such lessee and upon such terms as the 
     Secretary concerned considers will promote the national 
     defense or to be in the public interest, real or personal 
     property that--
       ``(1) is under the control of the Secretary concerned;
       ``(2) is not for the time needed for public use; and
       ``(3) is not excess property, as defined by section 102 of 
     title 40.''.
       (2) Secretary concerned defined.--Subsection (i) of such 
     section is amended by adding at the end the following new 
     paragraph:
       ``(4) The term `Secretary concerned' means--
       ``(A) the Secretary of a military department, with respect 
     to matters concerning that military department; and
       ``(B) the Secretary of Defense, with respect to matters 
     concerning the Defense Agencies.''.
       (b) Prohibition on Leaseback With Excessive Annual 
     Payments.--Subsection (b) of such section is amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(7) may not provide for a leaseback by the Secretary 
     concerned with an annual payment in excess of $500,000.''.
       (c) Improved Congressional Notification Requirements.--
     Paragraph (4) of subsection (c) of such section is amended to 
     read as follows:
       ``(4)(A) Not later than 30 days before issuing a contract 
     solicitation or other lease offering under this section for a 
     lease whose annual payment, including any in-kind 
     consideration to be accepted under subsection (b)(5) or this 
     subsection, will exceed $750,000, the Secretary concerned 
     shall submit to the congressional defense committees a report 
     containing--
       ``(i) a description of the proposed lease, including the 
     proposed duration of the lease;
       ``(ii) a description of the authorities to be used in 
     entering the lease and the intended participation of the 
     United States in the lease, including a justification of the 
     intended method of participation;
       ``(iii) a statement of the scored cost of the lease, 
     determined using the scoring criteria of the Office of 
     Management and Budget;
       ``(iv) a determination that the property involved in the 
     lease is not excess property, as required by subsection 
     (a)(3), including the basis for the determination;
       ``(v) a determination that the proposed lease is directly 
     compatible with the mission of the military installation or 
     Defense Agency whose property is to be subject to the lease 
     and the anticipated long-term use of the property at the 
     conclusion of the lease; and
       ``(vi) a description of the requirements or conditions 
     within the contract solicitation or other lease offering for 
     the offeror to address taxation issues, including payments-
     in-lieu-of taxes, and other development issues related to 
     local municipalities.
       ``(B) In the case of a lease described in subparagraph (A), 
     the Secretary concerned also shall submit to the 
     congressional defense committees a report at least 30 days 
     before the date on which the Secretary concerned enters into 
     a lease the following information:
       ``(i) A copy of the report submitted under subparagraph 
     (A).
       ``(ii) A description of the differences between the report 
     submitted under that subparagraph and the new report.
       ``(iii) A description of the lessee payment required under 
     this section.''.
       (d) Conforming Amendments to References to Military 
     Departments and Installations.--

[[Page 20913]]

       (1) Community support facilities and community support 
     services.--Subsection (d) of such section is amended--
       (A) in paragraph (2), by striking ``Secretary of a military 
     department'' and inserting ``Secretary concerned''; and
       (B) in paragraphs (3), (4), and (6), by striking ``of the 
     military department'' each place it appears.
       (2) Deposit and use of proceeds.--Subsection (e) of such 
     section is amended--
       (A) in paragraph (1)(A)--
       (i) in the matter preceding clause (i)--

       (I) by striking ``Secretary of a military department'' and 
     inserting ``Secretary concerned''; and
       (II) by striking ``such military department'' and inserting 
     ``that Secretary''; and

       (ii) in clause (iii), by striking ``military department'' 
     and inserting ``Secretary'';
       (B) in paragraph (1)(B)(i), by striking ``Secretary of a 
     military department'' and inserting ``Secretary concerned'';
       (C) in paragraph (1)(C), by striking ``of a military 
     department pursuant to subparagraph (A) shall be available to 
     the Secretary of that military department'' and inserting 
     ``established for the Secretary concerned shall be available 
     to the Secretary'';
       (D) in paragraph (1)(D)--
       (i) by striking ``of a military department under 
     subparagraph (A)'' and inserting ``established for the 
     Secretary concerned''; and
       (ii) by inserting ``or Defense Agency location'' after 
     ``military installation'';
       (E) in paragraph (1)(E), by striking ``installation'' and 
     inserting ``military installation or Defense Agency 
     location''; and
       (F) in paragraph (3), by striking ``Secretary of a military 
     department'' and inserting ``Secretary concerned''.
       (3) Base closure property.--Subsection (g)(1) of such 
     section is amended by striking ``Secretary of a military 
     department'' and inserting ``Secretary concerned''.
       (e) Repeal of Separate Defense Agency Authority.--
       (1) Repeal.--Section 2667a of such title is repealed.
       (2) Effect on existing contracts.--The repeal of section 
     2667a of title 10, United States Code, shall not affect the 
     validity or terms of any lease with respect to property of a 
     Defense Agency entered into by the Secretary of Defense under 
     such section before the date of the enactment of this Act.
       (3) Treatment of money rents.--Amounts in any special 
     account established for a Defense Agency pursuant to 
     subsection (d) of section 2667a of title 10, United States 
     Code, before repeal of such section by paragraph (1), and 
     amounts that would be deposited in such an account in 
     connection with a lease referred to in paragraph (2), shall--
       (A) remain available until expended for the purposes 
     specified in such subsection, notwithstanding the repeal of 
     such section by paragraph (1); or
       (B) to the extent provided in appropriations Acts, be 
     transferred to the special account required for the Secretary 
     of Defense by subsection (e) of section 2667 of such title, 
     as amended by subsection (d)(2) of this section.
       (f) Clerical Amendments.--
       (1) Section heading.--The heading of section 2667 of such 
     title is amended to read as follows:

     ``Sec. 2667. Leases: non-excess property of military 
       departments and Defense Agencies''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 159 of such title is amended by striking 
     the items relating to sections 2667 and 2667a and inserting 
     the following new item:

    ``2667. Leases: non-excess property of military departments and 
      Defense Agencies.''.

     SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE 
                   AUTHORITY.

       Section 2688 of title 10, United States Code, is amended--
       (1) by redesignating subsection (j) as subsection (k); and
       (2) by inserting after subsection (i) the following new 
     subsection:
       ``(j) Construction of Utility Infrastructure After 
     Conveyance of a Utility System.--(1) Upon conveyance of a 
     utility system, the Secretary of a military department may 
     convey additional utility infrastructure under the 
     jurisdiction of the Secretary on a military installation to a 
     utility or entity to which a utility system for the 
     installation has been conveyed under subsection (a) if the 
     Secretary determines that--
       ``(A) the additional utility infrastructure was constructed 
     or installed after the date of the conveyance of the utility 
     system;
       ``(B) the additional utility infrastructure cannot operate 
     without being a part of the conveyed utility system;
       ``(C) the additional utility infrastructure was planned and 
     coordinated with the entity operating the conveyed utility 
     system; and
       ``(D) the military department receives as consideration an 
     amount equal to the fair market value of the utility 
     infrastructure determined in the same manner as the 
     consideration the Secretary could require under subsection 
     (c) for a conveyance under subsection (a).
       ``(2) The conveyance under this paragraph may consist of 
     all right, title, and interest of the United States or such 
     lesser estate as the Secretary considers appropriate to serve 
     the interests of the United States.''.

     SEC. 2814. DEFENSE ACCESS ROADS.

       (a) Basis for Transportation Needs Assessment.--Section 
     210(a) of title 23, United States Code, is amended--
       (1) by striking ``(a)'' and inserting ``(a)(1)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) If it is determined that an action of the Department 
     of Defense will cause a significant transportation impact to 
     access to a military reservation, the Secretary of Defense 
     shall conduct a transportation needs assessment to assess the 
     magnitude of the improvement required to address the 
     impact.''.
       (b) Report on Recently Identified Transportation Impacts.--
     Not later than April 1, 2009, the Secretary of Defense shall 
     submit to the congressional defense committees and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report that details the significant 
     transportation impacts resulting from actions of the 
     Department of Defense since January 1, 2005. In the report, 
     the Secretary shall assess the funding requirements necessary 
     to address transportation needs resulting from these 
     significant transportation impacts.

     SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND 
                   ANTI-TERRORISM STANDARDS TO GATES AND ENTRY 
                   POINTS ON MILITARY INSTALLATIONS.

       (a) Report Required.--Not later than February 1, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the implementation of 
     Department of Defense Anti-Terrorism/Force Protection 
     standards at gates and entry points of military 
     installations.
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) A description of the anti-terrorism/force protection 
     standards for gates and entry points.
       (2) An assessment, by installation, of whether the gates 
     and entry points meet anti-terrorism/force protection 
     standards.
       (3) An assessment of whether the standards are met with 
     either temporary or permanent measures, facilities, or 
     equipment.
       (4) A description and cost estimate of each action to be 
     taken by the Secretary of Defense for each installation to 
     ensure compliance with Department of Defense Anti-Terrorism/
     Force Protection standards using permanent measures and 
     construction methods.
       (5) An investment plan to complete all action required to 
     ensure compliance with the standards described under 
     paragraph (1).

           Subtitle C--Provisions Related to Guam Realignment

     SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND 
                   UTILITIES RELATED TO GUAM REALIGNMENT.

       (a) Nature of Special Purpose Entities.--It is the sense of 
     Congress that any military family housing provided in 
     connection with the realignment of military installations and 
     the relocation of military personnel on Guam should--
       (1) be operated, to the extent practicable, in the manner 
     provided for public-private ventures under subchapter IV of 
     chapter 169 of title 10, United States Code; and
       (2) should be constructed in accordance with current 
     Department of Defense building standards.
       (c) Utility Infrastructure Improvements.--It is the sense 
     of Congress that the proposed utility infrastructure 
     improvements on Guam should incorporate the civilian and 
     military infrastructure into a single grid to realize and 
     maximize the effectiveness of the overall utility system, if 
     appropriate cost sharing and quality standards are met.

     SEC. 2822. FEDERAL ASSISTANCE TO GUAM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Interagency Group on Insular Areas, in coordination with 
     the appropriate Federal agencies, should enter into a 
     memorandum of understanding with the Government of Guam to 
     identify, before the realignment of military installations 
     and the relocation of military personnel on Guam, local 
     funding requirements for civilian infrastructure development 
     and other needs related to the realignment and relocation.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit to the congressional defense committees a report 
     on the status of interagency coordination through the 
     Interagency Group on Insular Areas of budgetary requests to 
     assist the Government of Guam with its budgetary requirements 
     related to the realignment of military forces on Guam. The 
     report shall address to what extent and how the Interagency 
     Group on Insular Areas will be able to coordinate interagency 
     budgets so the realignment of military forces on Guam will 
     meet the 2014 completion date as stipulated in the May 2006 
     security agreement between the United States and Japan.
       (c) Interagency Group on Insular Areas Defined.--In this 
     section, the term ``Interagency Group on Insular Areas'' 
     means the interagency group established by Executive Order 
     No. 13299 of May 12, 2003 (68 Fed. Reg.

[[Page 20914]]

     25477; 48 U.S.C. note prec. 1451). The term includes any sub-
     group or working group of that interagency group.

     SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS FOR MILITARY BASE REUSE STUDIES 
                   AND COMMUNITY PLANNING ASSISTANCE.

       (a) Inclusion in Definition of Military Installation.--
     Section 2687(e)(1) of title 10, United States Code, is 
     amended by inserting after ``Virgin Islands,'' the following: 
     ``the Commonwealth of the Northern Mariana Islands,''.
       (b) Inclusion of Facilities Owned and Operated by 
     Commonwealth.--Section 2391(d)(1) of title 10, United States 
     Code, is amended by inserting after ``Guam,'' the following: 
     ``the Commonwealth of the Northern Mariana Islands,''.

     SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS 
                   AND RELOCATION OF MILITARY PERSONNEL ON GUAM.

       (a) Establishment of Account.--There is established on the 
     books of the Treasury an account to be known as the ``Support 
     for United States Relocation to Guam Account'' (in this 
     section referred to as the ``Account'').
       (b) Credits to Account.--
       (1) Amounts in fund.--There shall be credited to the 
     Account all contributions received during fiscal year 2009 
     and subsequent fiscal years under section 2350k of title 10, 
     United States Code, for the realignment of military 
     installations and the relocation of military personnel on 
     Guam.
       (2) Notice of receipt of contributions.--The Secretary of 
     Defense shall submit to the congressional defense committees 
     written notice of the receipt of contributions referred to in 
     paragraph (1), including the amount of the contributions, not 
     later than 30 days after receiving the contributions.
       (c) Use of Account.--
       (1) Authorized uses.--Subject to paragraph (2), amounts in 
     the Account may be used as follows:
       (A) To carry out or facilitate the carrying out of a 
     transaction authorized by this section in connection with the 
     realignment of military installations and the relocation of 
     military personnel on Guam, including military construction, 
     military family housing, unaccompanied housing, general 
     facilities constructions for military forces, and utilities 
     improvements.
       (B) To carry out improvements of property or facilities on 
     Guam as part of such a transaction.
       (C) To obtain property support services for property or 
     facilities on Guam resulting from such a transaction.
       (D) To develop military facilities or training ranges in 
     the Commonwealth of the Northern Mariana Islands.
       (2) Compliance with guam master plan.--Transactions 
     authorized by paragraph (1) shall be consistent with the Guam 
     Master Plan, as incorporated in decisions made in the manner 
     provided in section 102 of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332).
       (3) Limitation regarding military housing.--To extent that 
     the authorities provided under subchapter IV of chapter 169 
     of title 10, United States Code, are available to the 
     Secretary of Defense, the Secretary shall use such 
     authorities to acquire, construct, or improve family housing 
     units or ancillary supporting facilities in connection with 
     the relocation of military personnel on Guam.
       (4) Special requirements regarding use of contributions.--
       (A) Treatment of contributions.--Except as provided in 
     subparagraph (C), the use of contributions referred to in 
     subsection (b)(1) shall not be subject to conditions imposed 
     on the use of appropriated funds by chapter 169 of title 10, 
     United States Code, or contained in annual military 
     construction appropriations Acts.
       (B) Notice of obligation.--Contributions referred to in 
     subsection (b)(1) may not be obligated for a transaction 
     authorized by paragraph (1) until the Secretary of Defense 
     submits to the congressional defense committees notice of the 
     transaction, including a detailed cost estimate, and a period 
     of 21 days has elapsed after the date on which the 
     notification is received by the committees or, if earlier, a 
     period of 14 days has elapsed after the date on which a copy 
     of the notification is provided in an electronic medium.
       (C) Cost and scope of work variations.--Section 2853 of 
     title 10, United States Code, shall apply to the use of 
     contributions referred to in subsection (b)(1).
       (d) Transfer Authority.--
       (1) Transfer to housing funds.--The Secretary of Defense 
     may transfer funds from the Account to the Department of 
     Defense Family Housing Improvement Fund established by 
     section 2883(a)(1) of title 10, United States Code.
       (2) Treatment of transferred amounts.--Amounts transferred 
     under paragraph (1) to a fund referred to in that paragraph 
     shall be available in accordance with the provisions of 
     section 2883 of title 10, United States Code for activities 
     on Guam authorized under subchapter IV of chapter 169 of such 
     title.
       (e) Report Regarding Guam Military Construction.--Not later 
     than February 15 of each year, the Secretary of Defense shall 
     submit to Congress a report containing information on each 
     military construction project included in the budget 
     submission for the next fiscal year related to the 
     realignment of military installations and the relocation of 
     military personnel on Guam. The Secretary shall present the 
     information in manner consistent with the presentation of 
     projects in the military construction accounts for each of 
     the military departments in the budget submission. The report 
     shall also include projects associated with the realignment 
     of military installations and relocation of military 
     personnel on Guam that are included in the future-years 
     defense program pursuant to section 221 of title 10, United 
     States Code.
       (f) Sense of Congress.--It is the sense of Congress that 
     the use of the Account to facilitate construction projects 
     associated with the realignment of military installations and 
     the relocation of military personnel on Guam, as authorized 
     by subsection (c)(1), provides a great opportunity for 
     business enterprises of the United States and its territories 
     to contribute to the United States strategic presence in the 
     western Pacific by competing for contracts awarded for such 
     construction. Congress urges the Secretary of Defense to 
     ensure maximum participation by business enterprises of the 
     United States and its territories in such construction.

                      Subtitle D--Energy Security

     SEC. 1. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-
                   RELATED PROJECTS.

       Section 2667(h) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5) If a proposed lease under subsection (a) involves a 
     project related to energy production and the term of the 
     lease exceeds 20 years, the Secretary concerned may not enter 
     into the lease until at least 30 days after the date on which 
     the Secretary of Defense submits to the congressional defense 
     committees a certification that the project is consistent 
     with the Department of Defense performance goals and plan 
     required by section 2911 of this title.''.

     SEC. 2. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS 
                   ENERGY MANAGEMENT.

       Section 2925(a) of title 10, United States Code, is 
     amended--
       (1) by striking the subsection heading and inserting the 
     following: ``Annual Report Related to Installations Energy 
     Management.--'';
       (2) in paragraph (1), by inserting ``, the Energy 
     Independence and Security Act of 2007 (Public Law 110-140),'' 
     after ``58)''; and
       (3) by adding at the end the following new paragraph:
       ``(6) A description and estimate of the progress made by 
     the military departments to meet the certification 
     requirements for sustainable green-building standards in 
     construction and major renovations as required by section 433 
     of the Energy Independence and Security Act of 2007 (Public 
     Law 110-140; 121 Stat. 1612).''.

                      Subtitle E--Land Conveyances

     SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, 
                   ALAMEDA, CALIFORNIA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey to the redevelopment authority for the former Naval 
     Air Station Alameda, California (in this section referred to 
     as the ``redevelopment authority''), all right, title and 
     interest of the United States in and to the real and personal 
     property comprising Naval Air Station Alameda, except those 
     parcels identified for public benefit conveyance and certain 
     surplus lands at the Naval Air Station Alameda described in 
     the Federal Register on November 5, 2007. In this section, 
     the real and personal property to be conveyed under this 
     section is referred to as the ``NAS Property''.
       (b) Multiple Conveyances.--The conveyance of the NAS 
     Property may be conducted through multiple parcel transfers.
       (c) Consideration.--As consideration for the conveyance of 
     the NAS Property under subsection (a), the Secretary of the 
     Navy shall seek to obtain fair market value.
       (d) Existing Uses.--During the three-year period beginning 
     on the date on which the first conveyance under this section 
     is made, the redevelopment authority shall make reasonable 
     efforts to accommodate the continued use by the United States 
     of those portions of the NAS Property covered by a request 
     for Federal Land Transfer so long as the accommodation of 
     such use is at no cost or expense to the redevelopment 
     authority. Such accommodations shall provide adequate 
     protection for the endangered California Least Tern in 
     accordance with the requirements of the existing Biological 
     Opinion for Naval Air Station Alameda dated March 22, 1999, 
     and any future amendments to the Biological Opinion.
       (e) Savings Provision.--Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section

[[Page 20915]]

     shall be determined by a survey satisfactory to the 
     Department.
       (g) Master Lease.--The Lease in Furtherance of Conveyance, 
     dated June 2000, as amended, between the Secretary of the 
     Navy and the redevelopment authority shall remain in full 
     force and effect until conveyance of the NAS Property in 
     accordance with this section, and a lease amendment 
     recognizing this section shall be offered by the Secretary.
       (h) Treatment of Amounts Received.--Amounts received by the 
     United States under this section shall be credited to the 
     fund or account intended to receive proceeds from the 
     disposal of the NAS Property pursuant to the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note).
       (i) Additional Terms and Conditions.--The Secretary of the 
     Navy may require such additional terms and conditions in 
     connection with the conveyance under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
                   DECOMMISSIONED NAVAL SECURITY GROUP ACTIVITY, 
                   SKAGGS ISLAND, CALIFORNIA.

       (a) Transfer Memorandum of Agreement.--The Secretary of the 
     Navy and the Secretary of the Interior shall negotiate a 
     memorandum of agreement that stipulates the conditions upon 
     which the decommissioned Naval Security Group Activity, 
     Skaggs Island, Sonoma, California shall be transferred from 
     the administrative jurisdiction of the Department of the Navy 
     to the United States Fish and Wildlife Service for inclusion 
     in the National Wildlife Refuge System.
       (b) Acceptance of Donations; Use.--The Secretary of the 
     Navy and the Secretary of the Interior may accept 
     contributions from the State of California and other entities 
     to help cover the costs of demolishing and removing 
     structures on the property described in subsection (a) and to 
     facilitate future environmental restoration that furthers the 
     ultimate end use of the property for conservation purposes. 
     Amounts received may be merged with other amounts available 
     to the Secretaries to carry out this section and shall remain 
     available, without further appropriation and until expended.

     SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, 
                   MARINE CORPS LOGISTICS BASE, ALBANY, GEORGIA.

       (a) Transfer Authorized.--The Secretary of Defense may 
     transfer any proceeds from the sale of approximately 120.375 
     acres of improved land located at the former Boyett Village 
     Family Housing Complex at the Marine Corps Logistics Base, 
     Albany, Georgia, into the Department of Defense Family 
     Housing Improvement Fund established under section 2883(a)(1) 
     of title 10, United States Code, for carrying out activities 
     under subchapter IV of chapter 169 of that title with respect 
     to military family housing.
       (b) Notification Requirement.--A transfer of proceeds under 
     subsection (a) may be made only after the end of the 30-day 
     period beginning on the date the Secretary of Defense submits 
     written notice of the transfer to the congressional defense 
     committees.

     SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS 
                   ARMY RESERVE CENTER, SPRINGFIELD, OHIO.

       (a) Conveyance Authorized.--At such time as the Army 
     Reserve vacates the Sergeant First Class M.L. Downs Army 
     Reserve Center at 1515 West High Street in Springfield, Ohio, 
     the Secretary of the Army may convey, without consideration, 
     to the City of Springfield, Ohio (in this section referred to 
     as the ``City''), all right, title, and interest of the 
     United States in and to the parcel of real property, 
     including improvements thereon, containing the Reserve Center 
     and approximately three acres for the purpose of permitting 
     the City to utilize the property for municipal government 
     activities.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance, all right, title, and interest in and to such 
     real property, including any improvements and appurtenant 
     easements thereto, shall, at the option of the Secretary, 
     revert to and become the property of the United States, and 
     the United States shall have the right of immediate entry 
     onto such real property. A determination by the Secretary 
     under this subsection shall be made on the record after an 
     opportunity for a hearing.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the City 
     to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the City in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the City.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (e) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, 
                   TENNESSEE.

       (a) Conveyance Authorization.--The Secretary of the Army 
     may convey, without consideration, to the State of Tennessee 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including any improvements thereon 
     and appurtenant easements thereto, consisting of 
     approximately 124 acres known as the John Sevier Range in 
     Knox County, Tennessee, for the purpose of using such real 
     property as a public firing range and for other public 
     recreational activities.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the terms of the 
     conveyance, all right, title, and interest in and to such 
     real property, including any improvements and appurtenant 
     easements thereto, shall, at the option of the Secretary, 
     revert to and become the property of the United States, and 
     the United States shall have the right of immediate entry 
     onto such real property. A determination by the Secretary 
     under this subsection shall be made on the record after an 
     opportunity for a hearing.
       (c) Administrative Expenses.--In accordance with section 
     2695 of title 10, United State Code, the Secretary may accept 
     amounts provided by the State to cover administrative 
     expenses incurred by the Secretary with respect to the 
     conveyance authorized under subsection (a), including survey 
     expenses, expenses related to environmental documentation, 
     and other administrative expenses related to such conveyance. 
     Such amounts shall be credited, pursuant to subsection (c) of 
     section 2695 of such title, to the appropriation, fund, or 
     account from which such expenses were paid. If amounts are 
     collected from the State in advance of the Secretary 
     incurring such expenses, and the amount collected exceeds the 
     expenses actually incurred by the Secretary, the Secretary 
     shall refund the excess amount to the State.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property authorized to be conveyed 
     under subsection (a) shall be determined by a survey 
     satisfactory to the Secretary and the State.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance authorized under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, 
                   UTAH.

       (a) Conveyance Authorized.--If the Secretary of the Army 
     determines that it is the national security interest of the 
     United States, the Secretary may convey, without 
     consideration, to the State of Utah (in this section, the 
     ``State'') on behalf of the Utah National Guard all right, 
     title, and interest of the United States in and to two 
     parcels of real property, including improvements thereon, 
     that are located within the boundaries of Camp Williams, 
     Utah, consisting of approximately 608 acres and 308 acres, 
     respectively, and are identified in the Utah National Guard 
     master plan.
       (b) Condition.--As a condition of the conveyance, the 
     Secretary shall, not later than 21 days before carrying out 
     the conveyance, submit a report to Congress certifying that 
     the purpose of the conveyance is to further the interest of 
     national security and the property conveyed will be used for 
     military purposes only.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection 
     (a), or any portion thereof, has been sold or is not being 
     used in a manner consistent with subsection (b), the property 
     shall revert, at the option of the Secretary, to the United 
     States, and the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made on the record 
     after consultation with the Governor of the State of Utah and 
     an opportunity for a hearing.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     State to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs

[[Page 20916]]

     related to environmental documentation, and other 
     administrative costs related to the conveyance. If amounts 
     are collected from the State in advance of the Secretary 
     incurring the actual costs, and the amount collected exceeds 
     the costs actually incurred by the Secretary to carry out the 
     conveyance, the Secretary shall refund the excess amount to 
     the State.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (e) Description of Real Property.--The exact acreage and 
     legal description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC 
                   TRAIL THROUGH FORT BELVOIR, VIRGINIA.

       (a) Agreement Authority.--The Secretary of the Army may 
     enter into a revocable at will easement with the Secretary of 
     the Interior to provide land along the perimeter of Fort 
     Belvoir, Virginia, to be used as a segment of the Potomac 
     Heritage National Scenic Trail.
       (b) Selection Criteria.--In determining the extent of the 
     easement, the Secretary of the Army shall provide for a 
     single trail, and select alignments of the trail, along the 
     perimeter of Fort Belvoir. In making that determination, the 
     Secretary shall consider--
       (1) the perimeter security requirements to protect the 
     assets, people, and agency missions located at Fort Belvoir;
       (2) the appropriate setback from adjacent roadways to 
     provide for a safe and enjoyable experience for users of the 
     trail; and
       (3) any planned future expansion of roadways, including 
     United States Route 1, so that the trail will not be 
     adversely impacted by roadway construction.
       (c) Trail Administration and Management.--A written 
     agreement confirming an administration and management 
     arrangement of any segment of the Potomac Heritage National 
     Scenic Trail along the perimeter of Fort Belvoir shall be co-
     signed by the parties to the easement agreement.

                       Subtitle F--Other Matters

     SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL 
                   ANNEX TO ARLINGTON NATIONAL CEMETERY.

       Section 2881(h)(1) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 879), as amended by section 2871 of the 
     Military Construction Authorization Act for Fiscal Year 2008 
     (division B of Public Law 110-181; 122 Stat. 561), is further 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2012''.

     SEC. 2852. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 
                   ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE 
                   UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR 
                   FORCE BASE.

       (a) Acceptance Authorized.--The Secretary of the Air Force 
     may accept from the Air Force Museum Foundation, a private 
     nonprofit corporation, gifts in the form of cash, treasury 
     instruments, or comparable United States securities for the 
     purpose of paying the costs of design and construction of a 
     fourth building for the National Museum of the United States 
     Air Force at Wright-Patterson Air Force Base, Ohio. In making 
     a gift, the Air Force Museum Foundation may specify that all 
     or part of the amount of the gift be utilized solely for the 
     purpose of the design and construction of a particular 
     portion of the building and for contract management related 
     to such design and construction.
       (b) Escrow Account.--
       (1) Deposit of gifts.--The Secretary of the Air Force, 
     acting through the Director of Financial Management of the 
     Air Force Materiel Command (in this section referred to as 
     the ``Director''), shall deposit the amount of any gift 
     accepted under subsection (a) in an escrow account 
     established for that purpose.
       (2) Investment.--Amounts in the escrow account not required 
     to meet current requirements of the account shall be invested 
     in public debt securities with maturities suitable to the 
     needs of the account, as determined by the Director, and 
     bearing interest at rates that take into consideration 
     current market yields on outstanding marketable obligations 
     of the United States of comparable securities. The income on 
     such investments shall be credited to and form a part of the 
     account.
       (3) Liquidation.--Upon final payment of all invoices and 
     claims associated with the design and construction of the 
     building described in subsection (a), the Secretary shall 
     terminate the escrow account. Any amounts remaining in the 
     account upon termination shall be available to the Secretary, 
     in such amounts as are provided in advance in appropriations 
     Acts, for such purposes as the Secretary considers 
     appropriate.
       (c) Use of Gifts.--
       (1) Design, construction, and contract management.--Subject 
     to any conditions imposed by the Air Force Museum Foundation 
     under subsection (a), the Director shall use amounts in the 
     escrow account, including income on investments, to pay all 
     costs for the design and construction of a fourth building 
     for the National Museum of the United States Air Force and 
     all costs for contract management related to such design and 
     construction. The requirement imposed by this paragraph 
     includes making progress payments for such design and 
     construction.
       (2) Sole source of funds.--Gifts received under subsection 
     (a) and income on investments made under subsection (b)(2) 
     shall be the sole source of funds used to pay all costs for 
     the design and construction of a fourth building for the 
     National Museum of the United States Air Force and all costs 
     for contract management related to such design and 
     construction.
       (3) Time for payment.--Amounts shall be payable under 
     paragraph (1) upon receipt by the Director of a notification 
     from the technical representative of the contracting officer 
     that construction activities for which such amounts are 
     payable under paragraph (1) have been undertaken. To the 
     maximum extent practicable consistent with good business 
     practice, the Director shall limit payment of amounts from 
     the account in order to maximize the return on investment of 
     amounts in the account.
       (d) Limitation on Contracts.--The Secretary of the Air 
     Force may not initiate a contract for the design or 
     construction of a particular portion of the building 
     described in subsection (a) until amounts in the escrow 
     account are sufficient to cover the amount of the contract.

     SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR 
                   NAVAL BASE, HAWAII.

       (a) Lease.--The Secretary of the Navy shall enter into a 
     lease with the USS Missouri Memorial Association to authorize 
     the USS Missouri Memorial Association to use the pier Foxtrot 
     Five and related real property on Ford Island, Pearl Harbor 
     Naval Base, Hawaii, during calendar years 2009 and 2010.
       (b) Consideration.--The lease required by subsection (a) 
     shall be made without consideration.
       (c) Conditions on Use of Leased Property.--As conditions on 
     the lease under subsection (a), the USS Missouri Memorial 
     Association shall agree--
       (1) to preserve and maintain the ex-USS Missouri for 
     education purposes, historic preservation, and community 
     outreach;
       (2) that the Navy may use the leased property without 
     charge for purposes that do not interfere with the use of 
     such property by the USS Missouri Memorial Association; and
       (3) that the Navy may use the ex-USS Missouri for official 
     functions at no cost.
       (d) Effect of Violation.--If the Secretary determines at 
     any time that the USS Missouri Memorial Association is not in 
     compliance with the conditions imposed by subsection (c), the 
     Secretary may terminate the lease referred to in subsection 
     (a). Any determination of the Secretary under this subsection 
     shall be made on the record after an opportunity for a 
     hearing.

     SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE, 
                   PENNSYLVANIA.

       (a) Conditions on Conveyance, Grant, Lease, or License.--
     Any conveyance, grant, lease, or license from the United 
     States to the Commonwealth of Pennsylvania or other legal 
     entity that includes the airfield property located at NASJRB 
     Willow Grove and designated for operation as a Joint 
     Interagency Installation pursuant to section 3703 of the U.S. 
     Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28; 
     121 Stat. 145) shall be subject to the restrictions on the 
     use of the airfield set forth in subsection (b).
       (b) Restrictions on Use.--The airfield at the installation 
     shall not be used for any of the following purposes:
       (1) Commercial passenger operations.
       (2) Commercial cargo operations.
       (3) Commercial, business, or nongovernment aircraft 
     operations for purposes not related to the missions of the 
     installation, except that this paragraph shall not apply in 
     exigent circumstances or prohibit use of the airfield by or 
     on behalf of any associated user which is a tenant of the 
     installation.
       (4) As a reliever airport to relieve congestion at other 
     airports or to provide improved general aviation access to 
     the overall community, except that this paragraph shall not 
     apply in exigent circumstances.
       (c) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to diminish or alter authorized 
     uses of the installation, including the military enclave that 
     is part thereof, by the United States or its agencies or 
     instrumentalities or to limit use of the property in exigent 
     circumstances.
       (d) Definitions.--In this section:
       (1) Airfield.--The term ``airfield'' means the airfield 
     referred to in subsection (a).
       (2) Associated users.--The term ``associated users'' means  
     nongovernmental organizations and private entities that use 
     the

[[Page 20917]]

     airfield for purposes related to the national defense, 
     homeland security, and emergency preparedness missions of the 
     installation.
       (3) Exigent circumstances.--The term ``exigent 
     circumstances''  means unusual conditions, including adverse 
     or unusual weather conditions, alerts, and actual or 
     threatened emergencies that are determined by the 
     installation to require limited-duration use of the 
     installation or its airfield for operations, including flying 
     operations, for uses otherwise restricted under subsection 
     (b).
       (4) Commercial cargo operations.--The term ``commercial 
     cargo operations'' means aircraft operations by a commercial 
     cargo or freight carrier in cases in which cargo is delivered 
     to or flown from the installation under established 
     schedules, except that the term does not include any cargo 
     operations undertaken by or on behalf of any user of the 
     installation or cargo operations related to the national 
     defense, homeland security, and emergency preparedness 
     missions of the installation.
       (5) Commercial passenger operations.--The term ``commercial 
     passenger operations'' means aircraft passenger operations by 
     commercial passenger carriers involving flights where 
     passengers are boarded or enplaned at the installation, 
     except that the term does not include passenger operations 
     undertaken by or on behalf of any user of the installation or 
     passenger operations related to the national defense, 
     homeland security, and emergency preparedness missions of the 
     installation.
       (6) Installation.--The term ``installation'' means the 
     Joint Interagency Installation referred to in subsection (a).

     SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.

       The health facility located at 301 Andrews Avenue in Fort 
     Rucker, Alabama, shall be known and designated as the 
     ``Lyster Army/VA Health Clinic''. Any reference in a law, 
     map, regulation, document, paper, or other record of the 
     United States to such facility shall be deemed to be a 
     reference to the Lyster Army/VA Health Clinic.

      TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                 Subtitle A--Fiscal Year 2008 Projects

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2904. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army 
              projects.

                 Subtitle B--Fiscal Year 2009 Projects

Sec. 2911. Authorized Army construction and land acquisition projects.
Sec. 2912. Authorized Navy construction and land acquisition projects.

                 Subtitle A--Fiscal Year 2008 Projects

     SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (c)(1), the Secretary of the Army may acquire real property 
     and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Alaska.......................  Fort Wainwright..........     $17,000,000
California...................  Fort Irwin...............     $11,800,000
Colorado.....................  Fort Carson..............      $8,400,000
Georgia......................  Fort Gordon..............     $39,800,000
Hawaii.......................  Schofield Barracks.......     $12,500,000
Kentucky.....................  Fort Campbell............      $9,900,000
                               Fort Knox................      $7,400,000
North Carolina...............  Fort Bragg...............      $8,500,000
Oklahoma.....................  Fort Sill................      $9,000,000
Texas........................  Fort Bliss...............     $17,300,000
                               Fort Hood................      $7,200,000
                               Fort Sam Houston.........     $54,000,000
Virginia.....................  Fort Lee.................      $7,400,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (c)(2), the Secretary of the Army may acquire real property 
     and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Iraq  .......................  Camp Adder...............     $13,200,000
                               Camp Ramadi..............      $6,200,000
                               Fallujah.................      $5,500,000
------------------------------------------------------------------------

       (c) Authorization of Appropriations.--In addition to funds 
     authorized to be appropriated under 2901(c) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 571), funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2007, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Army in the total amount of $241,100,000 as 
     follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $210,200,000.
       (2) For military construction projects outside the United 
     States authorized by subsection (b), $24,900,000.
       (3) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $6,000,000.

     SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (b)(1), the Secretary of the Navy may acquire real property 
     and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

[[Page 20918]]



                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
California................................  Camp Pendleton....................................        $9,270,000
                                            China Lake........................................        $7,210,000
                                            Point Mugu........................................        $7,250,000
                                            San Diego.........................................       $12,299,000
                                            San Diego Marine Corps Recruit Depot (MCRD).......       $43,200,000
                                            Twentynine Palms..................................       $11,250,000
Florida...................................  Eglin Air Force Base..............................          $780,000
Mississippi...............................  Gulfport..........................................        $6,570,000
North Carolina............................  Camp Lejeune......................................       $27,980,000
Virginia..................................  Yorktown..........................................        $8,070,000
----------------------------------------------------------------------------------------------------------------

       (b) Authorization of Appropriations.--In addition to funds 
     authorized to be appropriated under 2902(d) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 572), funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2007, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Navy in the total amount of $137,931,000 as 
     follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $133,879,000.
       (2) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $4,052,000.

     SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (c)(1), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
California................................  Beale Air Force Base..............................       $17,600,000
Florida...................................  Eglin Air Force Base..............................       $11,000,000
New Mexico................................  Cannon Air Force Base.............................        $8,000,000
----------------------------------------------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (c)(2), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

                                      Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
                  Country                                Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Qatar.....................................  Al Udeid..........................................       $60,400,000
----------------------------------------------------------------------------------------------------------------

       (c) Authorization of Appropriations.--In addition to funds 
     authorized to be appropriated under 2903(b) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 573), funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2007, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Air Force in the total amount of 
     $98,427,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $36,600,000.
       (2) For military construction projects outside the United 
     States authorized by subsection (b), $60,400,000.
       (3) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $1,427,000.

     SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (b)(1), the Secretary of Defense may acquire real property 
     and carry out the military construction project for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                                   Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................  Camp Lejeune......................................       $57,900,000
----------------------------------------------------------------------------------------------------------------

       (b) Authorization of Appropriations.--In addition to funds 
     authorized to be appropriated under 2904(c) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 573), funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2007, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of Defense (other than the military departments) 
     in the total amount of $110,735,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $57,900,000.
       (2) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $52,835,000.

[[Page 20919]]



     SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
                   2008 ARMY PROJECTS.

       (a) Termination of Authority.--The table in section 2901(b) 
     of the Military Construction Authorization Act for Fiscal 
     Year 2008 (division B of Public Law 110-181; 122 Stat. 570), 
     is amended--
       (1) in the item relating to Camp Adder, Iraq, by striking 
     ``$80,650,000'' in the amount column and inserting 
     ``$75,800,000'';
       (2) in the item relating to Camp Anaconda, Iraq, by 
     striking ``$53,500,000'' in the amount column and inserting 
     ``$10,500,000'';
       (3) in the item relating to Camp Victory, Iraq, by striking 
     ``$65,400,000'' in the amount column and inserting 
     ``$60,400,000'';
       (4) by striking the item relating to Tikrit, Iraq; and
       (5) in the item relating to Camp Speicher, Iraq, by 
     striking ``$83,900,000'' in the amount column and inserting 
     ``$74,100,000''.
       (b) Conforming Amendments.--Section 2901(c) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 571) is amended--
       (1) by striking ``$1,257,750,000'' and inserting 
     ``$1,152,100,000''; and
       (2) in paragraph (2), by striking ``$1,055,450,000'' and 
     inserting ``$949,800,000''.

                 Subtitle B--Fiscal Year 2009 Projects

     SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (b)(1), the Secretary of the Army may acquire real property 
     and carry out military construction projects to construct or 
     renovate warrior transition unit facilities at the 
     installations or locations inside the United States set forth 
     in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Various......................  Various locations........    $400,000,000
------------------------------------------------------------------------

       (b) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2008, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Army in the total amount of $450,000,000, 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $400,000,000.
       (2) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $50,000,000.
       (c) Report Required Before Commencing Certain Projects.--
     Funds may not be obligated for the projects authorized by 
     this section until 14 days after the date on which the 
     Secretary of Defense submits to the congressional defense 
     committees a report containing a detailed justification for 
     the projects.

     SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (b)(1), the Secretary of the Navy may acquire real property 
     and carry out military construction projects to construct or 
     renovate warrior transition unit facilities at the 
     installations or locations inside the United States set forth 
     in the following table:

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                 Amount
----------------------------------------------------------------------------------------------------------------
Various........................................  Various locations............................       $40,000,000
----------------------------------------------------------------------------------------------------------------

       (b) Authorization of Appropriations.--Subject to section 
     2825 of title 10, United States Code, funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2008, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Navy in the total amount of $50,000,000, as 
     follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $40,000,000.
       (2) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $10,000,000.
       (c) Report Required Before Commencing Certain Projects.--
     Funds may not be obligated for the projects authorized by 
     this section until 14 days after the date on which the 
     Secretary of Defense submits to the congressional defense 
     committees a report containing a detailed justification for 
     the projects.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Modification of functions of Administrator for Nuclear 
              Security to include elimination of surplus fissile 
              materials usable for nuclear weapons.
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and 
              Metallurgy Research Replacement facility project, Los 
              Alamos National Laboratory, Los Alamos, New Mexico.
Sec. 3113. Nonproliferation and national security scholarship and 
              fellowship program.
Sec. 3114. Enhancing nuclear forensics capabilities.
Sec. 3115. Utilization of contributions to International Nuclear 
              Materials Protection and Cooperation program and Russian 
              plutonium disposition program.
Sec. 3116. Review of and reports on Global Initiatives for 
              Proliferation Prevention program.
Sec. 3117. Limitation on availability of funds for Global Nuclear 
              Energy Partnership.

                          Subtitle C--Reports

Sec. 3121. Extension of deadline for Comptroller General report on 
              Department of Energy protective force management.
Sec. 3122. Report on compliance with Design Basis Threat issued by the 
              Department of Energy in 2005.
Sec. 3123. Modification of submittal of reports on inadvertent releases 
              of restricted data.

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2009 for the activities of the National Nuclear 
     Security Administration in carrying out programs necessary 
     for national security in the amount of $9,752,507,000, to be 
     allocated as follows:
       (1) For weapons activities, $6,625,111,000.
       (2) For defense nuclear nonproliferation activities, 
     including $528,782,000 for fissile materials disposition, 
     $1,895,261,000.
       (3) For naval reactors, $828,054,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $404,081,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out new 
     plant projects for the National Nuclear Security 
     Administration as follows:
       (1) For readiness in technical base and facilities, the 
     following new plant projects:
       Project 09-D-404, Test Capabilities Revitalization Phase 2, 
     Sandia National Laboratory, Albuquerque, New Mexico, 
     $3,200,000.
       Project 08-D-806, Ion Beam Laboratory Project, Sandia 
     National Laboratory, Albuquerque, New Mexico, $10,014,000.

[[Page 20920]]

       (2) For naval reactors, the following new plant projects:
       Project 09-D-902, Naval Reactors Facility Production 
     Support Complex, Naval Reactors Facility, Idaho Falls, Idaho, 
     $8,300,000.
       Project 09-D-190, Project engineering and design, Knolls 
     Atomic Power Laboratory infrastructure upgrades, Knolls 
     Atomic Power Laboratory, Kesselring Site, Schenectady, New 
     York, $1,000,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2009 for defense 
     environmental cleanup activities in carrying out programs 
     necessary for national security in the amount of 
     $5,297,256,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2009 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $826,453,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2009 for defense nuclear 
     waste disposal for payment to the Nuclear Waste Fund 
     established in section 302(c) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(c)) in the amount of $222,371,000.

     SEC. 3105. ENERGY SECURITY AND ASSURANCE.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2009 for energy security 
     and assurance programs necessary for national security in the 
     amount of $7,622,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR 
                   NUCLEAR SECURITY TO INCLUDE ELIMINATION OF 
                   SURPLUS FISSILE MATERIALS USABLE FOR NUCLEAR 
                   WEAPONS.

       Section 3212(b) of the National Nuclear Security 
     Administration Act (50 U.S.C. 2402(b)) is amended--
       (1) by redesignating paragraph (18) as paragraph (19); and
       (2) by inserting after paragraph (17) the following new 
     paragraph (18):
       ``(18) Eliminating inventories of surplus fissile materials 
     usable for nuclear weapons.''.

     SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125 
                   CHEMISTRY AND METALLURGY RESEARCH REPLACEMENT 
                   FACILITY PROJECT, LOS ALAMOS NATIONAL 
                   LABORATORY, LOS ALAMOS, NEW MEXICO.

       Of the amounts appropriated pursuant to an authorization of 
     appropriations in this Act or otherwise made available for 
     fiscal year 2009 for Project 04-D-125 Chemistry and 
     Metallurgy Research Replacement (in this section referred to 
     as ``CMRR'') facility project, Los Alamos National 
     Laboratory, Los Alamos, New Mexico, not more than $50,200,000 
     may be made available until--
       (1) the Administrator for Nuclear Security and the Defense 
     Nuclear Facilities Safety Board have each submitted a 
     certification to the congressional defense committees stating 
     that the concerns raised by the Defense Nuclear Facilities 
     Safety Board regarding the design of CMRR safety class 
     systems (including ventilation systems) and seismic issues 
     have been resolved; and
       (2) a period of 15 days has elapsed after both 
     certifications under paragraph (1) have been submitted.

     SEC. 3113. NONPROLIFERATION AND NATIONAL SECURITY SCHOLARSHIP 
                   AND FELLOWSHIP PROGRAM.

       (a) Establishment.--The Administrator for Nuclear Security 
     shall carry out a program to provide scholarships and 
     fellowships for the purpose of enabling individuals to 
     qualify for employment in the nonproliferation and national 
     security programs of the Department of Energy.
       (b) Eligible Individuals.--An individual shall be eligible 
     for a scholarship or fellowship under the program established 
     under this section if the individual--
       (1) is a citizen or national of the United States or an 
     alien lawfully admitted to the United States for permanent 
     residence;
       (2) has been accepted for enrollment or is currently 
     enrolled as a full-time student at an institution of higher 
     education (as defined in section 102(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1002(a));
       (3) is pursuing a program of education that leads to an 
     appropriate higher education degree in a qualifying field of 
     study, as determined by the Administrator;
       (4) enters into an agreement described in subsection (c); 
     and
       (5) meets such other requirements as the Administrator 
     prescribes.
       (c) Agreement.--An individual seeking a scholarship or 
     fellowship under the program established under this section 
     shall enter into an agreement, in writing, with the 
     Administrator that includes the following:
       (1) The agreement of the Administrator to provide such 
     individual with a scholarship or fellowship in the form of 
     educational assistance for a specified number of school years 
     (not to exceed five school years) during which such 
     individual is pursuing a program of education in a qualifying 
     field of study, which educational assistance may include 
     payment of tuition, fees, books, laboratory expenses, and a 
     stipend.
       (2) The agreement of such individual--
       (A) to accept such educational assistance;
       (B) to maintain enrollment and attendance in a program of 
     education described in subsection (b)(2) until such 
     individual completes such program;
       (C) while enrolled in such program, to maintain 
     satisfactory academic progress in such program, as determined 
     by the institution of higher education in which such 
     individual is enrolled; and
       (D) after completion of such program, to serve as a full-
     time employee in a nonproliferation or national security 
     position in the Department of Energy or at a laboratory of 
     the Department for a period of not less than 12 months for 
     each school year or part of a school year for which such 
     individual receives a scholarship or fellowship under the 
     program established under this section.
       (3) The agreement of such individual with respect to the 
     repayment requirements specified in subsection (d).
       (d) Repayment.--
       (1) In general.--An individual receiving a scholarship or 
     fellowship under the program established under this section 
     shall agree to pay to the United States the total amount of 
     educational assistance provided to such individual under such 
     program, plus interest at the rate prescribed by paragraph 
     (4), if such individual--
       (A) does not complete the program of education agreed to 
     pursuant to subsection (c)(2)(B);
       (B) completes such program of education but declines to 
     serve in a position in the Department of Energy or at a 
     laboratory of the Department as agreed to pursuant to 
     subsection (c)(2)(D); or
       (C) is voluntarily separated from service or involuntarily 
     separated for cause from the Department of Energy or a 
     laboratory of the Department before the end of the period for 
     which such individual agreed to continue in the service of 
     the Department pursuant to subsection (c)(2)(D).
       (2) Failure to repay.--If an individual who received a 
     scholarship or fellowship under the program established under 
     this section is required to repay, pursuant to an agreement 
     under paragraph (1), the total amount of educational 
     assistance provided to such individual under such program, 
     plus interest at the rate prescribed by paragraph (4), and 
     fails repay such amount, a sum equal to such amount (plus 
     such interest) is recoverable by the United States Government 
     from such individual or the estate of such individual by--
       (A) in the case of an individual who is an employee of the 
     United States Government, setoff against accrued pay, 
     compensation, amount of retirement credit, or other amount 
     due the employee from the Government; or
       (B) such other method as is provided by law for the 
     recovery of amounts owed to the Government.
       (3) Waiver of repayment.--The Administrator may waive, in 
     whole or in part, repayment by an individual under this 
     subsection if the Administrator determines that seeking 
     recovery under paragraph (2) would be against equity and good 
     conscience or would be contrary to the best interests of the 
     United States.
       (4) Rate of interest.--For purposes of repayment under this 
     subsection, the total amount of educational assistance 
     provided to an individual under the program established under 
     this section shall bear interest at the applicable rate of 
     interest under section 427A(c) of the Higher Education Act of 
     1965 (20 U.S.C. 1077a(c)).
       (e) Preference for Cooperative Education Students.--In 
     evaluating individuals for the award of a scholarship or 
     fellowship under the program established under this section, 
     the Administrator may give a preference to an individual who 
     is enrolled in, or accepted for enrollment in, an institution 
     of higher education that has a cooperative education program 
     with the Department of Energy.
       (f) Coordination of Benefits.--A scholarship or fellowship 
     awarded under the program established under this section 
     shall be taken into account in determining the eligibility of 
     an individual receiving such scholarship or fellowship for 
     Federal student financial assistance provided under title IV 
     of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
       (g) Report to Congress.--Not later than January 1, 2010, 
     the Administrator shall submit to the congressional defense 
     committees a report on the activities carried out under the 
     program established under this section, including any 
     recommendations for future activities under such program.
       (h) Funding.--Of the amounts authorized to be appropriated 
     by section 3101(a)(2) for defense nuclear nonproliferation 
     activities, $3,000,000 shall be available to carry out the 
     program established under this section.

     SEC. 3114. ENHANCING NUCLEAR FORENSICS CAPABILITIES.

       (a) Research and Development Plan for Nuclear Forensics and 
     Attribution.--
       (1) Research and development.--The Secretary of Energy 
     shall prepare and implement a research and development plan 
     to improve nuclear forensics capabilities in the Department 
     of Energy and at the national laboratories overseen by the 
     Department of Energy. The plan shall focus on improving the 
     technical capabilities required--

[[Page 20921]]

       (A) to enable a robust and timely nuclear forensic response 
     to a nuclear explosion or to the interdiction of nuclear 
     material or a nuclear weapon anywhere in the world; and
       (B) to develop an international database that can attribute 
     nuclear material or a nuclear weapon to its source.
       (2) Reports.--
       (A) The Secretary of Energy shall submit to the 
     congressional defense committees--
       (i) not later than 6 months after the date of the enactment 
     of this Act, a report on the contents of the research and 
     development plan described in paragraph (1), and any 
     legislative changes required to implement the plan; and
       (ii) not later than 18 months after the date of the 
     enactment of this Act, a report on the status of implementing 
     the plan.
       (B) The Secretary shall submit each report required by this 
     subsection in unclassified form, but may include a classified 
     annex with such report.
       (b) Additional Information in the Report on Nuclear 
     Forensics Capabilities.--Section 3129(b) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 585) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) any legislative, regulatory, or treaty actions 
     necessary to facilitate international cooperation in 
     enhancement of international nuclear-material databases and 
     the linking of those databases to enable prompt access to 
     data.''.
       (c) Presidential Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report on the 
     involvement of senior-level executive branch leadership in 
     nuclear terrorism preparedness exercises that include nuclear 
     forensics analysis.
       (2) Appropriate committees of congress.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Homeland Security of the House 
     of Representatives; and
       (B) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.

     SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL 
                   NUCLEAR MATERIALS PROTECTION AND COOPERATION 
                   PROGRAM AND RUSSIAN PLUTONIUM DISPOSITION 
                   PROGRAM.

       Section 3114 of the National Defense Authorization Act for 
     Fiscal Year 2007 (50 U.S.C. 2301 note) is amended--
       (1) in the heading, by striking ``SECOND LINE OF DEFENSE 
     PROGRAM'' and inserting ``INTERNATIONAL NUCLEAR MATERIALS 
     PROTECTION AND COOPERATION PROGRAM AND RUSSIAN PLUTONIUM 
     DISPOSITION PROGRAM'';
       (2) by striking ``Second Line of Defense program'' each 
     place it appears and inserting ``International Nuclear 
     Materials Protection and Cooperation program or Russian 
     Plutonium Disposition program''; and
       (3) in subsection (f), by striking ``2013'' and inserting 
     ``2015''.

     SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR 
                   PROLIFERATION PREVENTION PROGRAM.

       (a) Review of Program.--
       (1) In general.--The Administrator for Nuclear Security 
     shall conduct a review of the Global Initiatives for 
     Proliferation Prevention program.
       (2) Report required.--Not later than October 1, 2009, the 
     Administrator shall submit to the congressional defense 
     committees a report setting forth the results of the review 
     required under paragraph (1). The report shall include each 
     of the following:
       (A) A description of the goals of the Global Initiatives 
     for Proliferation Prevention program and the criteria for 
     partnership projects under the program.
       (B) Recommendations regarding the following:
       (i) Whether to continue or bring to a close each of the 
     partnership projects under the program in existence on the 
     date of the enactment of this Act, and, if any such project 
     is recommended to be continued, a description of how that 
     project will meet the criteria under subparagraph (A).
       (ii) Whether to enter into new partnership projects under 
     the program with Russia or other countries of the former 
     Soviet Union.
       (iii) Whether to enter into new partnership projects under 
     the program in countries other than countries of the former 
     Soviet Union.
       (C) A plan and criteria for completing partnership projects 
     under the program.
       (b) Report on Funding for Projects Under Program.--
       (1) In general.--The Administrator shall submit to the 
     congressional defense committees a report on--
       (A) the purposes for which amounts made available for the 
     Global Initiatives for Proliferation Prevention program for 
     fiscal year 2009 will be obligated or expended; and
       (B) the amount to be obligated or expended for each 
     partnership project under the program in fiscal year 2009.
       (2) Limitation on funding before submittal of report.--None 
     of the amounts authorized to be appropriated for fiscal year 
     2009 by section 3101(a)(2) for defense nuclear 
     nonproliferation activities and available for the Global 
     Initiatives for Proliferation Prevention program may be 
     obligated or expended until the date that is 30 days after 
     the date on which the Administrator submits to the 
     congressional defense committees the report required under 
     paragraph (1).

     SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL 
                   NUCLEAR ENERGY PARTNERSHIP.

       (a) Limitation.--Of the amounts authorized to be 
     appropriated for fiscal year 2009 by section 3101(a)(2) for 
     defense nuclear nonproliferation activities, not more than 
     $3,000,000 may be used for projects that are specifically 
     designed for the Global Nuclear Energy Partnership. Any 
     amount so used may not be expended until 30 days after the 
     date on which the Administrator of the National Nuclear 
     Security Administration submits to Congress a report that 
     describes in detail the full amount of funding that the 
     Administrator plans to expend for any effort related to the 
     Global Nuclear Energy Partnership.
       (b) Use of Funds.--Any amount made available pursuant to an 
     authorization of appropriations under section 3101(a)(2) that 
     is covered by the limitation under subsection (a) shall only 
     be available for nonproliferation risk assessments relating 
     to the Global Nuclear Energy Partnership and related work on 
     export control reviews and determinations.

                          Subtitle C--Reports

     SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL 
                   REPORT ON DEPARTMENT OF ENERGY PROTECTIVE FORCE 
                   MANAGEMENT.

       Section 3124(a)(1) of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) 
     is amended by striking ``Not later than 180 days after the 
     date of the enactment of this Act,'' and inserting ``Not 
     later than March 1, 2009,''.

     SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT 
                   ISSUED BY THE DEPARTMENT OF ENERGY IN 2005.

       (a) In General.--Not later than January 2, 2009, the 
     Secretary of Energy shall submit to the congressional defense 
     committees a report setting forth the status of the 
     compliance of Department of Energy sites with the Design 
     Basis Threat issued by the Department in November 2005 (in 
     this section referred to as the ``2005 Design Basis 
     Threat'').
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) For each Department of Energy site subject to the 2005 
     Design Basis Threat, an assessment of whether the site has 
     achieved compliance with the 2005 Design Basis Threat.
       (2) For each such site that has not achieved compliance 
     with the 2005 Design Basis Threat--
       (A) a description of the reasons for the failure to achieve 
     compliance;
       (B) a plan to achieve compliance;
       (C) a description of the actions that will be taken to 
     mitigate any security shortfalls until compliance is 
     achieved; and
       (D) an estimate of the annual funding requirements to 
     achieve compliance.
       (3) A list of such sites with Category I nuclear materials 
     that the Secretary determines will not achieve compliance 
     with the 2005 Design Basis Threat.
       (4) For each site identified under paragraph (3), a plan to 
     remove all Category I nuclear materials from such site, 
     including--
       (A) a schedule for the removal of such nuclear materials 
     from such site;
       (B) a clear description of the actions that will be taken 
     to ensure the security of such nuclear materials; and
       (C) an estimate of the annual funding requirements to 
     remove such nuclear materials from such site.
       (5) An assessment of the adequacy of the 2005 Design Basis 
     Threat in addressing security threats at Department of Energy 
     sites, and a description of any plans for updating, 
     modifying, or otherwise revising the approach taken by the 
     2005 Design Basis Threat to establish enhanced security 
     requirements for Department of Energy sites.

     SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON 
                   INADVERTENT RELEASES OF RESTRICTED DATA.

       (a) In General.--Section 4522 of the Atomic Energy Defense 
     Act (50 U.S.C. 2672) is amended--
       (1) in subsection (e), by striking ``on a periodic basis'' 
     and inserting ``in each even-numbered year''; and
       (2) in subsection (f), by striking paragraph (2) and 
     inserting the following new paragraph (2):
       ``(2) The Secretary of Energy shall, in each even-numbered 
     year beginning in 2010, submit to the committees and 
     Assistant to the President specified in subsection (d) a 
     report identifying any inadvertent releases of Restricted 
     Data or Formerly Restricted Data under Executive Order No. 
     12958 discovered in the two-year period preceding the 
     submittal of the report.''.

[[Page 20922]]

       (b) Technical Correction.--Subsection (e) of such section, 
     as amended by subsection (a)(1) of this section, is further 
     amended by striking ``subsection (b)(4)'' and inserting 
     ``subsection (b)(5)''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     2009, $25,499,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).

                  TITLE XXXIV--NAVAL PETROLEUM RESERVE

Sec. 3401. Authorization of appropriations.

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amount.--There is hereby authorized to be appropriated 
     to the Secretary of Energy $19,099,000 for fiscal year 2009 
     for the purpose of carrying out activities under chapter 641 
     of title 10, United States Code, relating to the naval 
     petroleum reserves.
       (b) Period of Availability.--Funds appropriated pursuant to 
     the authorization of appropriations in subsection (a) shall 
     remain available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of 
              the United States for the purpose of dismantling, 
              recycling, or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the 
              Maritime Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct 
              professors at the United States Merchant Marine Academy 
              and for other purposes.
Sec. 3507. Actions to address sexual harassment and violence at the 
              United States Merchant Marine Academy.
Sec. 3508. Assistance for small shipyards and maritime communities.
Sec. 3509. Marine war risk insurance.
Sec. 3510. MarAd consultation on Jones Act Waivers.
Sec. 3511. Transportation in American vessels of government personnel 
              and certain cargoes.
Sec. 3512. Port of Guam Improvement Enterprise Program.

     SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                   2009.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2009, to be available without fiscal year limitation if 
     so provided in appropriations Acts, for the use of the 
     Department of Transportation for the Maritime Administration 
     as follows:
       (1) For expenses necessary for operations and training 
     activities, $142,803,000, of which--
       (A) $79,858,000 shall remain available until expended for 
     expenses at the United States Merchant Marine Academy,
       (B) $26,640,000 shall remain available until expended for 
     capital improvements at the United States Merchant Marine 
     Academy, and
       (C) $10,987,000 shall remain available until expended for 
     maintenance and repair of school ships of the State Maritime 
     Academies.
       (2) For expenses to maintain and preserve a United States-
     flag merchant fleet to serve the national security needs of 
     the United States under chapter 531 of title 46, Unites 
     States Code, $193,500,000, of which $19,500,000 will be 
     available for costs associated with the maintenance 
     reimbursement pilot program under section 3517 of the 
     Maritime Security Act of 2003 (46 U.S.C. 53101 note).
       (3) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, $18,000,000.
       (4) For the cost (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan 
     guarantees under the program authorized by chapter 537 of 
     title 46, United States Code, $30,000,000.
       (5) For administrative expenses related to the 
     implementation of the loan guarantee program under chapter 
     537 of title 46, United States Code, administrative expenses 
     related to implementation of the reimbursement program under 
     section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
     53101 note), and administrative expenses related to the 
     implementation of the small shipyards and maritime 
     communities assistance program under section 54101 of title 
     46, United States Code, $6,000,000.

     SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE 
                   GOVERNMENT OF THE UNITED STATES FOR THE PURPOSE 
                   OF DISMANTLING, RECYCLING, OR SCRAPPING.

       (a) In General.--Except as provided in subsection (b), no 
     vessel that is owned by the Government of the United States 
     shall be approved for export to a foreign country for 
     purposes of dismantling, recycling, or scrapping.
       (b) Exception.--Subsection (a) shall not apply with respect 
     to a vessel if the Administrator of the Maritime 
     Administration certifies to the Committee on Armed Services 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate that--
       (1) a compelling need for dismantling, recycling, or 
     scrapping the vessel exists;
       (2) there is no available capacity in the United States to 
     conduct the dismantling, recycling, or scrapping of the 
     vessel;
       (3) any dismantling, recycling, or scrapping of the vessel 
     in a foreign country will be conducted in full compliance 
     with environmental, safety, labor, and health requirements 
     for ship dismantling, recycling, or scrapping that are 
     equivalent to the laws of the United States; and
       (4) the export of the vessel under this section will only 
     be for dismantling, recycling, or scrapping of the vessel.
       (c) United States Defined.--In this section the term 
     ``United States'' means the States of the United States, 
     Puerto Rico, and Guam.

     SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.

       Section 51509(b) of title 46, United States Code, is 
     amended--
       (1) by striking ``$4,000'' and inserting ``$8,000'';
       (2) by inserting ``tuition,'' after ``uniforms,''; and
       (3) by inserting ``before the start of each academic year'' 
     after ``and be paid''.

     SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.

       Section 1018 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2380) is amended to read as follows:

     ``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.

       ``(a) In General.--The Secretary of Defense may not award, 
     renew, extend, or exercise an option to extend any charter of 
     a vessel documented under chapter 121 of title 46, United 
     States Code, for the Department of Defense, or any contract 
     for the carriage of cargo by a vessel documented under that 
     chapter for the Department of Defense, unless the charter or 
     contract, respectively, includes provisions that--
       ``(1) subject to paragraph (2), allow riding gang members 
     to perform work on the vessel during the effective period of 
     the charter or contract only under terms, conditions, 
     restrictions, and requirements as provided in section 8106 of 
     title 46, United States Code; and
       ``(2) require that riding gang members hold a merchant 
     mariner's document issued under chapter 73 of title 46, 
     United States Code, or a transportation security card issued 
     under section 70105 of such title.
       ``(b) Exemption.--
       ``(1) In general.--In accordance with regulations issued by 
     the Secretary of Defense, an individual shall not be treated 
     as a riding gang member for the purposes of section 8106 of 
     title 46, United States Code, and this section if--
       ``(A) the individual is aboard a vessel that is under 
     charter or contract for the carriage of cargo for the 
     Department of Defense, for purposes other than engaging in 
     the operation or maintenance of the vessel; and
       ``(B) the individual--
       ``(i) accompanies, supervises, guards, or maintains unit 
     equipment aboard a ship, commonly referred to as supercargo 
     personnel;
       ``(ii) is one of the force protection personnel of the 
     vessel;
       ``(iii) is a specialized repair technician; or
       ``(iv) is otherwise required by the Secretary of Defense to 
     be aboard the vessel.
       ``(2) Background check.--
       ``(A) In general.--This section shall not apply to an 
     individual unless--
       ``(i) the name and other necessary identifying information 
     for the individual is submitted to the Secretary for a 
     background check; and
       ``(ii) except as provided in subparagraph (B), the 
     individual successfully passes a background check by the 
     Secretary prior to going aboard the vessel.
       ``(B) Waiver.--The Secretary may waive the application of 
     subparagraph (A)(ii) for an individual who holds a merchant 
     mariner's document issued under chapter 73 of title 46, 
     United States Code, or a transportation security card issued 
     under section 70105 of such title.
       ``(3) Exempted individual not treated as in addition to the 
     crew.--An individual who, under paragraph (1), is not treated 
     as a riding gang member shall not be counted as an individual 
     in addition to the crew for the purposes of section 3304 of 
     title 46, United States Code.''.

     SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR 
                   THE MARITIME SECURITY FLEET.

       Section 3517(a) of the Maritime Security Act of 2003 (46 
     U.S.C. 53101 note; as amended by section 3503 of the National 
     Defense Authorization Act for Fiscal Year 2006 (119 Stat. 
     3548)) is amended by adding at the end the following:
       ``(3) Existing operating agreements.--The Secretary of 
     Transportation shall, subject to the availability of 
     appropriations, seek to enter into an agreement under this 
     section with one or more contractors under

[[Page 20923]]

     an operating agreement under that chapter that is in effect 
     on the date of the enactment of this paragraph, regarding 
     maintenance and repair of all vessels that are subject to the 
     operating agreement.''.

     SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH 
                   ADJUNCT PROFESSORS AT THE UNITED STATES 
                   MERCHANT MARINE ACADEMY AND FOR OTHER PURPOSES.

       (a) In General.--The Maritime Administrator may establish a 
     temporary program for the purpose of, subject to the 
     availability of appropriations, contracting with individuals 
     as personal services contractors to provide services as 
     adjunct professors at the Academy, if the Maritime 
     Administrator determines that there is a need for adjunct 
     professors and the need is not of permanent duration.
       (b) Contract Requirements.--Each contract under the 
     program--
       (1) must be approved by the Maritime Administrator;
       (2) subject to paragraph (3), shall be for a duration, 
     including options, of not to exceed one year unless the 
     Maritime Administrator finds that exceptional circumstances 
     justify an extension of up to one additional year; and
       (3) shall terminate not later than 6 months after the 
     termination of contract authority under subsection (d).
       (c) Limitation on Number of Contractors.--In awarding 
     contacts under the program, the Maritime Administrator shall 
     ensure that not more than 25 individuals actively provide 
     services in any one academic trimester, or equivalent, as 
     contractors under the program.
       (d) Termination of Contracting Authority.--The authority to 
     award contracts under the program shall terminate upon the 
     end of the academic year 2008-2009.
       (e) Existing Contracts.--Any contract entered into before 
     the effective date of this section for the services of an 
     adjunct professor at the Academy shall remain in effect for 
     the trimester (or trimesters) for which the services were 
     contracted.
       (f) Definitions.--In this section:
       (1) Academy.--The term ``Academy'' means the United States 
     Merchant Marine Academy.
       (2) Maritime administrator.--The term ``Maritime 
     Administrator'' means the Administrator of the Maritime 
     Administration, or a designee of the Administrator.
       (3) Program.--The term ``program'' means the program 
     established under subsection (a).
       (g) Gifts to the Academy.--
       (1) In general.--Chapter 513 of title 46, United States 
     Code, is amended by adding at the end thereof the following:

     ``Sec. 51315. Gifts to the Merchant Marine Academy

       ``(a) In General.--The Maritime Administrator may accept 
     and use conditional or unconditional gifts of money or 
     property for the benefit of the United States Merchant Marine 
     Academy, including acceptance and use for non-appropriated 
     fund instrumentalities of the Merchant Marine Academy. The 
     Maritime Administrator may accept a gift of services in 
     carrying out the Administrator's duties and powers. Property 
     accepted under this section and proceeds from that property 
     must be used, as nearly as possible, in accordance with the 
     terms of the gift.
       ``(b) Establishment of Academy Gift Fund.--There is 
     established in the Treasury a fund, to be known as the 
     `Academy Gift Fund'. Disbursements from the Fund shall be 
     made on order of the Maritime Administrator. Unless otherwise 
     specified by the terms of the gift, the Maritime 
     Administrator may use monies in the Fund for appropriated or 
     non-appropriated purposes at the Academy. The Fund consists 
     of--
       ``(1) gifts of money;
       ``(2) income from donated property accepted under this 
     section;
       ``(3) proceeds from the sale of donated property; and
       ``(4) income from securities under subsection (c) of this 
     section.
       ``(c) Investment of Fund Balances.--On request of the 
     Maritime Administrator, the Secretary of the Treasury may 
     invest and reinvest amounts in the Fund in securities of, or 
     in securities the principal and interest of which is 
     guaranteed by, the United States Government.
       ``(d) Disbursement Authority.--There are hereby authorized 
     to be disbursed from the Fund such sums as may be on deposit, 
     to remain available until expended.
       ``(e) Deductibility of Gifts.--Gifts accepted under this 
     section are a gift to or for the use of the Government under 
     the Internal Revenue Code of 1986.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     513 of title 46, United States Code, is amended by adding at 
     the end the following:

``51315. Gifts to the Merchant Marine Academy.''.
       (h) Temporary Appointments to the Academy.--
       (1) In general.--Chapter 513 of title 46, United States 
     Code, as amended by section 3513 of this Act, is further 
     amended by adding at the end thereof the following:

     ``Sec. 51316. Temporary appointments to the Academy

       ``Notwithstanding any other provision of law, the Maritime 
     Administrator may appoint any present employee of the United 
     States Merchant Marine Academy non-appropriated fund 
     instrumentality to a position on the General Schedule of 
     comparable pay. Eligible personnel shall be engaged in work 
     permissibly funded by annual appropriations, and such 
     appointments to the Civil Service shall be without regard to 
     competition, for a term not to exceed 2 years.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     513 of title 46, United States Code, as amended by section 
     3513 of this Act, is further amended by adding at the end the 
     following:

``51316. Temporary appointments to the Academy.''.

     SEC. 3507. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE 
                   AT THE UNITED STATES MERCHANT MARINE ACADEMY.

       (a) Required Policy.--The Secretary of Transportation shall 
     direct the Superintendent of the United States Merchant 
     Marine Academy to prescribe a policy on sexual harassment and 
     sexual violence applicable to the cadets and other personnel 
     of the Academy.
       (b) Matters To Be Specified in Policy.--The policy on 
     sexual harassment and sexual violence prescribed under this 
     section shall include--
       (1) a program to promote awareness of the incidence of 
     rape, acquaintance rape, and other sexual offenses of a 
     criminal nature that involve cadets or other Academy 
     personnel;
       (2) procedures that a cadet should follow in the case of an 
     occurrence of sexual harassment or sexual violence, 
     including--
       (A) a specification of the person or persons to whom an 
     alleged occurrence of sexual harassment or sexual violence 
     should be reported by a cadet and the options for 
     confidential reporting;
       (B) a specification of any other person whom the victim 
     should contact; and
       (C) procedures on the preservation of evidence potentially 
     necessary for proof of criminal sexual assault;
       (3) a procedure for disciplinary action in cases of alleged 
     criminal sexual assault involving a cadet or other Academy 
     personnel;
       (4) any other sanction authorized to be imposed in a 
     substantiated case of sexual harassment or sexual violence 
     involving a cadet or other Academy personnel in rape, 
     acquaintance rape, or any other criminal sexual offense, 
     whether forcible or nonforcible; and
       (5) required training on the policy for all cadets and 
     other Academy personnel, including the specific training 
     required for personnel who process allegations of sexual 
     harassment or sexual violence involving Academy personnel.
       (c) Annual Assessment.--
       (1) The Secretary shall direct the Superintendent to 
     conduct an assessment at the Academy during each Academy 
     program year, to be administered by the Department of 
     Transportation, to determine the effectiveness of the 
     policies, training, and procedures of the Academy with 
     respect to sexual harassment and sexual violence involving 
     Academy personnel.
       (2) For the assessment at the Academy under paragraph (1) 
     with respect to an Academy program year that begins in an 
     odd-numbered calendar year, the Superintendent shall conduct 
     a survey, to be administered by the Department, of Academy 
     personnel--
       (A) to measure--
       (i) the incidence, during that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have been reported to officials of the 
     Academy; and
       (ii) the incidence, during that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have not been reported to officials of the 
     Academy; and
       (B) to assess the perceptions of Academy personnel of--
       (i) the policies, training, and procedures on sexual 
     harassment and sexual violence involving Academy personnel;
       (ii) the enforcement of such policies;
       (iii) the incidence of sexual harassment and sexual 
     violence involving Academy personnel; and
       (iv) any other issues relating to sexual harassment and 
     sexual violence involving Academy personnel.
       (d) Annual Report.--
       (1) The Secretary shall direct the Superintendent of the 
     Academy to submit to the Secretary a report on sexual 
     harassment and sexual violence involving cadets or other 
     personnel at the Academy for each Academy program year.
       (2) Each report under paragraph (1) shall include, for the 
     Academy program year covered by the report, the following:
       (A) The number of sexual assaults, rapes, and other sexual 
     offenses involving cadets or other Academy personnel that 
     have been reported to Academy officials during the program 
     year and, of those reported cases, the number that have been 
     substantiated.
       (B) The policies, procedures, and processes implemented by 
     the Superintendent and the leadership of the Academy in 
     response to sexual harassment and sexual violence involving 
     cadets or other Academy personnel during the program year.

[[Page 20924]]

       (C) A plan for the actions that are to be taken in the 
     following Academy program year regarding prevention of and 
     response to sexual harassment and sexual violence involving 
     cadets or other Academy personnel.
       (3) Each report under paragraph (1) for an Academy program 
     year that begins in an odd-numbered calendar year shall 
     include the results of the survey conducted in that program 
     year under subsection (c)(2).
       (4)(A) The Superintendent shall transmit to the Secretary, 
     and to the Board of Visitors of the Academy, each report 
     received by the Superintendent under this subsection, 
     together with the Superintendent's comments on the report.
       (B) The Secretary shall transmit each such report, together 
     with the Secretary's comments on the report, to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure.

     SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME 
                   COMMUNITIES.

       (a) In General.--Title 46, United States Code, is amended 
     by inserting the following new chapter after chapter 539:

                      ``CHAPTER 541--MISCELLANEOUS

``Sec.
``54101. Assistance for small shipyards and maritime communities

     ``Sec. 54101. Assistance for small shipyards and maritime 
       communities

       ``(a) Establishment of Program.--Subject to the 
     availability of appropriations, the Administrator of the 
     Maritime Administration shall execute agreements with 
     shipyards to provide assistance--
       ``(1) in the form of grants, loans, and loan guarantees to 
     small shipyards for capital improvements; and
       ``(2) for maritime training programs to foster technical 
     skills and operational productivity in communities whose 
     economies are related to or dependent upon the maritime 
     industry.
       ``(b) Awards.--In providing assistance under the program, 
     the Administrator shall--
       ``(1) take into account--
       ``(A) the economic circumstances and conditions of maritime 
     communities;
       ``(B) projects that would be effective in fostering 
     efficiency, competitive operations, and quality ship 
     construction, repair, and reconfiguration; and
       ``(C) projects that would be effective in fostering 
     employee skills and enhancing productivity; and
       ``(2) make grants within 120 days after the date of 
     enactment of the appropriations Act for the fiscal year 
     concerned.
       ``(c) Use of Funds.--
       ``(1) In general.--Assistance provided under this section 
     may be used--
       ``(A) to make capital and related improvements in small 
     shipyards located in or near maritime communities;
       ``(B) to provide training for workers in communities whose 
     economies are related to the maritime industry; and
       ``(C) for such other purposes as the Administrator 
     determines to be consistent with and supplemental to such 
     activities.
       ``(2) Administrative costs.--Not more than 2 percent of 
     amounts made available to carry out the program may be used 
     for the necessary costs of grant administration.
       ``(d) Prohibited Uses.--Grants awarded under this section 
     may not be used to construct buildings or other physical 
     facilities or to acquire land unless such use is specifically 
     approved by the Administrator in support of subsection 
     (c)(1)(C).
       ``(e) Matching Requirements; Allocation.--
       ``(1) Federal funding.--Except as provided in paragraph 
     (2), Federal funds for any eligible project under this 
     section shall not exceed 75 percent of the total cost of such 
     project.
       ``(2) Exception.--If the Administrator determines that a 
     proposed project merits support and cannot be undertaken 
     without a higher percentage of Federal financial assistance, 
     the Administrator may award a grant for such project with a 
     lesser matching requirement than is described in paragraph 
     (1).
       ``(3) Allocation of funds.--The Administrator may not award 
     more than 25 percent of the funds appropriated to carry out 
     this section for any fiscal year to any small shipyard in one 
     geographic location that has more than 600 employees.
       ``(f) Applications.--
       ``(1) In general.--To be eligible for assistance under this 
     section, an applicant shall submit an application, in such 
     form, and containing such information and assurances as the 
     Administrator may require, within 60 days after the date of 
     enactment of the appropriations Act for the fiscal year 
     concerned.
       ``(2) Minimum standards for payment or reimbursement.--Each 
     application submitted under paragraph (1) shall include--
       ``(A) a comprehensive description of--
       ``(i) the need for the project;
       ``(ii) the methodology for implementing the project; and
       ``(iii) any existing programs or arrangements that can be 
     used to supplement or leverage assistance under the program.
       ``(3) Procedural safeguards.--The Administrator, in 
     consultation with the Office of the Inspector General, shall 
     issue guidelines to establish appropriate accounting, 
     reporting, and review procedures to ensure that--
       ``(A) grant funds are used for the purposes for which they 
     were made available;
       ``(B) grantees have properly accounted for all expenditures 
     of grant funds; and
       ``(C) grant funds not used for such purposes and amounts 
     not obligated or expended are returned.
       ``(4) Project approval required.--The Administrator may not 
     award a grant under this section unless the Administrator 
     determines that--
       ``(A) sufficient funding is available to meet the matching 
     requirements of subsection (e);
       ``(B) the project will be completed without unreasonable 
     delay; and
       ``(C) the recipient has authority to carry out the proposed 
     project.
       ``(g) Audits and Examinations.--All grantees under this 
     section shall maintain such records as the Administrator may 
     require and make such records available for review and audit 
     by the Administrator.
       ``(h) Small Shipyard Defined.--In this section, the term 
     `small shipyard' means a shipyard facility in one geographic 
     location that does not have more than 1,200 employees.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Administrator of the 
     Maritime Administration for each of fiscal years 2009 through 
     2013 to carry out this section--
       ``(1) $5,000,000 for training grants; and
       ``(2) $25,000,000 for capital and related improvements.''.
       (b) Conforming Amendment.--Section 3506 of the National 
     Defense Authorization Act for Fiscal Year 2006 (46 U.S.C. 
     53101 note) is repealed.

     SEC. 3509. MARINE WAR RISK INSURANCE.

       Section 53912 of title 46, United States Code, is amended 
     by striking ``December 31, 2010.'' and inserting ``December 
     31, 2015.''.

     SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS.

       Section 501(b) of title 46, United States Code, is amended 
     to read as follows:
       ``(b) By Head of Agency.--When the head of an agency 
     responsible for the administration of the navigation or 
     vessel-inspection laws considers it necessary in the interest 
     of national defense, the individual, following a 
     determination by the Maritime Administrator, acting in the 
     Administrator's capacity as Director, National Shipping 
     Authority, of the non-availability of qualified United States 
     flag capacity to meet national defense requirements, may 
     waive compliance with those laws to the extent, in the 
     manner, and on the terms the individual, in consultation with 
     the Administrator, acting in that capacity, prescribes.''.

     SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT 
                   PERSONNEL AND CERTAIN CARGOES.

       (a) In General.--Section 55305(b) of title 46, United 
     States Code, is amended--
       (1) by striking ``country'' and inserting ``country, 
     organization, or persons'';
       (2) by inserting ``or obtaining'' after ``furnishing''; and
       (3) by striking ``commodities,'' the first place it appears 
     and inserting ``commodities, or provides financing in any way 
     with Federal funds for the account of any persons unless 
     otherwise exempted,''.
       (b) Other Agencies.--Section 55305(d) of title 46, United 
     States Code, is amended to read as follows:
       ``(d) Programs of Other Agencies.--
       ``(1) Each department or agency that has responsibility for 
     a program under this section shall administer that program 
     with respect to this section under regulations and guidance 
     issued by the Secretary of Transportation. The Secretary, 
     after consulting with the department or agency or 
     organization or person involved, shall have the sole 
     responsibility for determining if a program is subject to the 
     requirements of this section.
       ``(2) The Secretary--
       ``(A) shall conduct an annual review of the administration 
     of programs determined pursuant to paragraph (1) as subject 
     to the requirements of this section;
       ``(B) may direct agencies to require the transportation on 
     United States-flagged vessels of cargo shipments not 
     otherwise subject to this section in equivalent amounts to 
     cargo determined to have been shipped on foreign carriers in 
     violation of this section;
       ``(C) may impose on any person that violates this section, 
     or a regulation prescribed under this section, a civil 
     penalty of not more than $25,000 for each violation willfully 
     and knowingly committed, with each day of a continuing 
     violation following the date of shipment to be a separate 
     violation; and
       ``(D) may take other measures as appropriate under the 
     Federal Acquisition Regulations issued pursuant to section 
     25(c)(1) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 421(c)(1) or contract with respect to each 
     violation.''.
       (c) Regulations.--The Secretary of Transportation shall 
     prescribe such rules as are necessary to carry out section 
     55305(d) of title 46, United States Code. The Secretary may 
     prescribe interim rules necessary to carry out section 
     55305(d) of such title. An

[[Page 20925]]

     interim rule prescribed under this subsection shall remain in 
     effect until superseded by a final rule.
       (d) Change of Year.--Section 55314(a) of title 46, United 
     States Code, is amended by striking ``calendar'' each place 
     it appears and inserting ``fiscal''.

     SEC. 3512. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.

       (a) In General.--The Secretary of Transportation, acting 
     through the Administrator of the Maritime Administration (in 
     this section referred to as the ``Administrator''), may 
     establish a Port of Guam Improvement Enterprise Program (in 
     this section referred to as the ``Program'') to provide for 
     the planning, design, and construction of projects for the 
     Port of Guam to improve facilities, relieve port congestion, 
     and provide greater access to port facilities.
       (b) Authorities of the Administrator.--In carrying out the 
     Program, the Administrator may--
       (1) receive funds provided for the Program from Federal and 
     non-Federal entities, including private entities;
       (2) provide for coordination among appropriate governmental 
     agencies to expedite the review process under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     projects carried out under the Program;
       (3) provide for coordination among appropriate governmental 
     agencies in connection with other reviews and requirements 
     applicable to projects carried out under the Program; and
       (4) provide technical assistance to the Port Authority of 
     Guam (and its agents) as needed for projects carried out 
     under the Program.
       (c) Port of Guam Improvement Enterprise Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a separate account to be known as the 
     ``Port of Guam Improvement Enterprise Fund'' (in this section 
     referred to as the ``Fund'').
       (2) Deposits.--There shall be deposited into the Fund--
       (A) amounts received by the Administrator from Federal and 
     non-Federal sources under subsection (b)(1);
       (B) amounts transferred to the Administrator under 
     subsection (d); and
       (C) amounts appropriated to carry out this section under 
     subsection (f).
       (3) Use of amounts.--Amounts in the Fund shall be available 
     to the Administrator to carry out the Program.
       (4) Administrative expenses.--Not to exceed 3 percent of 
     the amounts appropriated to the Fund for a fiscal year may be 
     used for administrative expenses of the Administrator.
       (5) Availability of amounts.--Amounts in the Fund shall 
     remain available until expended.
       (d) Transfers of Amounts.--Amounts appropriated or 
     otherwise made available for any fiscal year for an 
     intermodal or marine facility comprising a component of the 
     Program shall be transferred to and administered by the 
     Administrator.
       (e) Limitation.--Nothing in this section shall be construed 
     to authorize amounts made available under section 215 of 
     title 23, United States Code, or any other amounts made 
     available for the construction of highways or amounts 
     otherwise not eligible for making port improvements to be 
     deposited into the Fund.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Fund such sums as may be necessary 
     to carry out this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Missouri (Mr. Skelton) and the gentleman from California (Mr. Hunter) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Missouri.


                             General Leave

  Mr. SKELTON. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. SKELTON. Mr. Speaker, I yield myself such time as I might 
consume.
  Mr. Speaker, I am very proud to bring the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 to the floor today for 
approval by the House.
  This bill represents a final agreement reached with the Senate, and I 
believe it can pass the Senate, which is critical, of course. The 
troops and their families need these authorities by September 30.
  It's important to note this agreement was reached in a very short 
period of time. While the House finished its work back in May, the 
Senate approved its version of the bill just one week ago today.
  The two Armed Services Committees have been working overtime ever 
since, and as a result we have not been able to provide all of the 
notice and time for examination of the bill that we normally would. I 
regret that fact. But I can assure the House that we observed all of 
the long-standing traditions of fairness and bipartisanship this 
committee is known for.
  My good friend, Duncan Hunter, and his team of members and his staff 
have been involved in every step of this process, and we have also 
worked hard to consult with the outside committees on the issues that 
are within their jurisdiction. We also placed the completed bill and 
report language on our Web site as soon as it was done last evening.
  This is a good bill. It authorizes $531.4 billion for the Department 
of Defense and the national security programs of the Department of 
Energy. It also authorizes $68.6 billion to support ongoing military 
operations in Iraq and Afghanistan during fiscal year 2009, a similar 
amount to that which passed the House in May.
  To restore readiness, this agreement provides $8.6 billion for the 
Army and $1.8 billion for the Marine Corps to repair and replace 
equipment. This agreement also provides $800 million for National Guard 
and Reserve equipment. To help manage demands placed on our 
servicemembers by our military obligations, the agreement increases the 
size of the military by 7,000 soldiers, 5,000 marines, over 1,000 
sailors and 450 airmen.
  To improve the quality of life for our forces and their families, the 
agreement provides a 3.9 percent pay raise for the troops, which is .5 
percent more than the President's budget request. The agreement also 
preserves important health care benefits by prohibiting fee increases 
in TRICARE and the TRICARE pharmacy program and creating new preventive 
health care initiatives to improve the readiness of our force.
  Finally, I would like to say a word about the person for whom this 
bill is named, as well as for others who helped us get the bill done 
under an extraordinary time frame. Duncan Hunter has been a tireless 
advocate for the troops and a great partner, as well as a personal 
friend to me. The Armed Services Committee will miss him. I think it's 
deeply appropriate that we name this bill for him.
  I also want to thank all the members of the Armed Services Committee, 
particularly the subcommittee chairmen and the ranking members. 
Finally, I wish to thank the bipartisan staff, fantastic staff, they 
couldn't be better. Our committee has been blessed with such a staff, 
and they have worked tirelessly to help get this bill negotiated and 
completed. It is an excellent bill. It's urgently needed by our 
military, and I urge my colleagues in the House, as well as in the 
Senate, to vote for the National Defense Authorization Act for Fiscal 
Year 2009, which is named for and in honor of Duncan Hunter, the 
ranking member, former chairman of this committee.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HUNTER. Mr. Speaker, I yield myself such time as I might consume.
  To my great friend, Ike Skelton, and all my colleagues on the Armed 
Services Committee, it is an undeserved honor, but I want to thank you 
for the wonderful job that you have all done in putting this bill 
together.
  This bill would not be, with all of the exigencies that we have had, 
and all of the difficulties in the other body to get their bill up, 
this bill would not be before this body now if it wasn't for the 
leadership of Ike Skelton.
  There are a lot of military institutions in Missouri and around this 
country which teach members of the uniformed services leadership, but 
there is another institution which exhibits leadership every day, as 
chairman of this committee, and that's our chairman, Ike Skelton.

                              {time}  1030

  Ike worked this thing through a difficult period of time, with the 
emergencies that are emanating right now in the Capitol and the major 
economic

[[Page 20926]]

emergency which is distracting lots of folks who otherwise could be 
working on this bill. Time schedules have been extremely difficult, and 
Ike Skelton, in his quiet way with his quiet leadership and his 
corporate understanding, he is the main body of history for the Armed 
Services Committee. He is the guy who remembers not only what happened 
in this committee 10 and 20 and 30 and 40 years ago, but also what 
happened in the wars that this Nation fought and what happened in that 
institution across the river known as the Pentagon. And being able to 
recall that history at important times in our deliberative processes is 
a great, great asset to this Nation. Ike, I want to congratulate you. 
This is your bill. It may have my name on it, but this is your bill. 
You brought this thing through to the House floor in the most difficult 
circumstances. Not only that, it is a wonderful bill.
  The chairman has talked a lot about the details of the bill. This is 
an authorization of $531.4 billion. It does authorize a $68.6 billion 
bridge fund; a bridge fund, I might add, that was an initiative of the 
Armed Services Committee several years ago.
  We looked at our troops in Afghanistan and Iraq and said they are 
going to have to have the equipment and the resources during the later 
months in the calendar year before that spring supplemental arrives, 
and we came up with the bridge fund. The President followed our lead. 
The appropriators have followed our lead, and it has been an excellent 
vehicle allowing us to maintain in these warfighting theaters while we 
are waiting for the next funding vehicle. My congratulations to Ike for 
that.
  We do have a good pay raise for the members of the armed services, a 
3.9 percent pay raise. You know, this bill does several other things, 
and I will speak generally about them. It leverages American strengths. 
It leverages American strengths by continuing to keep the line warm, 
for example, on F-22 which is a key weapon system because it is a 
weapon system with the capability to penetrate air defenses that are 
here today and which may be here tomorrow. It leverages two great 
American innovations: stealth and precision weapons.
  I would urge all of my colleagues as we go into this very difficult, 
very dangerous era for the United States, to continue to put pressure 
on and to produce American leverage. And stealth and precision 
technology are two of those items of technology, as is undersea 
technology. And we are moving toward an acceleration of the submarine 
program in this bill. That is very critical.
  One disappointment I have is we are not doing enough in space. I 
would just say to my colleagues that the shooting down of a satellite 
by China this last year heralded a new era of military competition in 
space with China whether we like it or not. When you are in a military 
competition, there is only one alternative and that is to win. So I 
would urge this committee to continue in the years ahead to build a 
capability in space to make sure that we maintain all of the 
institutions and the apparatus that we need there to make sure that our 
military operates effectively here and that our economy operates 
effectively here.
  Also in the area of missile defense, we are moving ahead to try to 
establish a missile defense capability in Europe that would handle 
through that throat of approach out of an Iranian missile launch that 
might take place 5 years or 10 years or 15 years from now, or perhaps 
even earlier. That is an important item because that brings the 
partnership, the NATO-plus partnership of the newly freed captive 
nations, but also the NATO membership, along with us in what is 
sometimes a difficult path, an expensive path, but nonetheless a 
necessary path to defend the world in this new era of missiles.
  Mr. Speaker, there are a lot of excellent items in this bill. In the 
end they all go down to and reflect on and focus on the most important 
warfighting leverage that the United States have, and that is the men 
and women of this country who wear the uniform of the United States.
  I just want to commend my colleagues for the wonderful job that they 
have done in making sure that the men and women of the United States 
have the right equipment and the right incentives and good pay and good 
quality of life for their families such that when I was in a recruiting 
office the other day, and no I wasn't signing up, but when I was in one 
of the old Army recruiting offices in good old San Diego, the one 
shortage that they had, the one specialty, military occupational 
specialty that they had which was not available because too many people 
had subscribed for it and too many people had signed up for it was 
infantry.
  And I thought in these dangerous theaters of Iraq and Afghanistan, 
the idea that we have more people than we need signing up for the 
United States infantry is a reflection largely on this committee.
  We have two Members who are retiring, the great Mr. Everett of 
Alabama and the great Mr. Saxton of New Jersey. Mr. Udall is moving on 
to another race, and we wish him well in his endeavors. But those two 
gentlemen are retiring.
  Terry Everett has done more good for this country behind closed doors 
than a lot of folks have done with lots of press conferences and lots 
of pronouncements. The quiet man. I know that Mrs. Tauscher held a nice 
going-away party for Mr. Everett that I thought was well-deserved. He 
is a quiet man who has done so much for this country behind closed 
doors and is such a valuable asset to the United States.
  And Mr. Saxton, who years before the war against terror started was 
the chairman of the Task Force on Terrorism here in the House who did 
lots of research and did lots of prediction that this would be the 
conflict and the challenge of this new era.
  Jimmy Saxton is owed a debt of gratitude by everybody who wears those 
special forces uniforms around the world. Whether they are Seals or 
Army Rangers or Green Berets, Jimmy Saxton has devoted many years to 
making sure that they have gotten what they need. What a wonderful 
member of this committee he has been.
  It is with a little touch of sadness that I am here on this last bill 
that I am going to be involved in with this undeserved honor of having 
my name on this bill, which is a case of more generosity than was 
deserved by the chairman and the members, but it has been an honor to 
serve on this committee. It is a wonderful bipartisan committee, 
probably the most bipartisan in the House of Representatives, always 
with our focus on the security of the United States, even in difficult 
economic times like these. This committee has a very excellent focus on 
what is important to keep that number one requirement, that number one 
Constitutional mandate on government, and that is our first obligation 
is to protect our people. This committee does a great job.
  I reserve the balance of my time.
  Mr. SKELTON. I yield 2 minutes to my friend, the chairman of the 
Subcommittee on Readiness, the gentleman from Texas (Mr. Ortiz).
  Mr. ORTIZ. Mr. Speaker, I thank the chairman.
  I rise in support of this bill before us today. I would like to thank 
Chairman Skelton and of course my good friend, Ranking Member Duncan 
Hunter. I value his friendship. We have traveled many places around the 
world visiting our troops and looking at their needs. Thank you for 
your leadership, and I value your friendship, Duncan.
  Mr. HUNTER. If the gentleman would yield.
  Mr. ORTIZ. I yield.
  Mr. HUNTER. I thank the gentleman. I remember being with him when the 
82nd Airborne jumped into Honduras, when the Sandinistas came across 
the border, and I remember the press conference that was held after 
that. The gentleman's statements were so inspiring, I have never 
forgotten them. We have been in many parts of the world, the last time 
up on the DMZ watching the North Koreans. The gentleman has been a real 
leader in this committee, and I really appreciate it.
  Mr. ORTIZ. I thank the gentleman.
  I also want to thank the gentleman from Virginia (Mr. Forbes) for his 
help

[[Page 20927]]

in bringing together this excellent bill. And I would like to thank my 
staff because they did a heck of a good job meeting with Senate staff 
and many other committees before bringing this bill to the House floor.
  I am proud to say this bill focuses on restoring the readiness of our 
military. However, there is much work to be done. Significant 
investments will need to be made in the upcoming years by Congress and 
the next administration or we will risk breaking our forces.
  This bill continues the work of the Armed Services Committee to 
restore readiness by authorizing $154 billion for operations, 
maintenance and training, and $25 billion for military construction. 
And $8.6 billion for the Army and $1.8 billion for the Marine Corps was 
authorized for the repair and replacement of equipment.
  To address depot workloads following equipment reset, the bill 
requires the Department of Defense to contract for an independent 
assessment of the depot capability that will be needed in the future.
  The bill takes positive steps to restrain the Department of Defense's 
increased reliance on the use of contractors to perform critical 
functions, including development of a single definition of ``inherently 
governmental,'' development of policies on personal conflicts of 
interest, and limits on personal service contracts.
  We continue to take steps to look out for our deployed civilian 
employees by lifting limits on premium pay and allowing them to 
voluntarily sign up for additional life insurance.
  But I am concerned that the bill does not address the Department of 
Defense's aggressive use of public-private competitions.
  I ask my colleagues to support this bill. It is a very good bill.
  Mr. HUNTER. I yield 2 minutes to the gentleman from Alabama, a very 
distinguished gentleman, Mr. Everett.
  Mr. EVERETT. I thank my good friend, Mr. Hunter, for yielding to me, 
and thank him for his friendship, his counsel, and his undeserved kind 
words about me. He has been a tireless advocate for our men and women 
in uniform, and this bill fittingly bears his name.
  I want to congratulate the gentleman from Missouri (Mr. Skelton) and 
the gentlewoman from California (Mrs. Tauscher). She has shown great 
thought, candor and leadership in guiding the Strategic Forces 
Subcommittee forward.
  I want to rise in strong support of this bill. This is a good bill. 
It provides vital resources for our armed forces, and strengthens our 
Nation's strategic forces. Our committee has worked well and worked 
together in a bipartisan, bicameral manner to produce this important 
legislation.
  I am pleased that it restores $124 million for the European missile 
defense sites, and modifies conditions that would allow construction to 
begin.
  Since May, both the Czech Republic and Poland have signed missile 
defense agreement. Iran continues to test longer-range missiles and 
ignore questions about their nuclear program.
  The efforts reflects a shared commitment to our collective security. 
Therefore, I want to personally commend the Czech and Polish 
governments and encourage swift ratification of the agreements.
  Mr. Speaker, I would be remiss if I did not recognize my fellow 
subcommittee members on both sides of the aisle and their staffs. We 
tackled complex issues such as space, missile defense and nuclear 
weapons, and do such with openness, diligence and professionalism.
  Let me finish with this troubling statistic. China graduated 500,000 
engineers. India graduated 200,000 engineers, and the United States 
graduated 70,000. We have some serious challenges ahead of us to 
maintain our technical leadership in space.
  I would like my complete statement put in the Record.
  Mr. Speaker, I thank my good friend, Mr. Hunter for yielding to me, 
and thank him for his friendship and counsel. Mr. Hunter has been a 
tireless advocate for our men and women in uniform and it is fitting 
for this defense bill to bear his name.
  I also want to recognize and congratulate the gentleman from 
Missouri, Mr. Skelton, and especially the gentlewoman from California, 
Mrs. Tauscher.
  She has shown great thought, candor, and leadership in guiding the 
Strategic Forces subcommittee forward.
  I rise in support of the Ducan Hunter Fiscal Year 2009 National 
Defense Authorization Act.
  This is a good bill that provides vital resources for our armed 
forces, and strengthens our nation's strategic forces.
  Our committee has worked together in a bi-partisan, bicameral manner 
to produce this important national security legislation.
  This bill makes some noteworthy improvements over the version passed 
by the House in May.
  I am pleased that it restores $124 million for the European missile 
defense sites, and modifies conditions that would allow construction to 
begin.
  Since May, both the Czech Republic and Poland have signed missile 
defense agreements. Iran continues to test longer-range missiles and 
ignore questions about its nuclear program.
  These efforts reflect a shared commitment to our collective security. 
Therefore, I want to personally commend the Czech and Polish 
governments, and encourage swift ratification of the agreements.
  We continue to endorse the development and fielding of near-term 
missile defense capabilities. The bill--
  Increases Aegis Ballistic Missile Defense and THAAD by $120 million; 
and
  Authorizes Ground-based Midcourse Defense (GMD) at the budget 
request.
  The bill also restores some funds to key future capabilities, 
specifically Airborne Laser, K-E-I and the Multiple Kill Vehicle.
  I am disappointed that an independent study to examine the 
feasibility of space-based interceptors was not included in the 
agreement. With other nation's antisatellite pursuits and missile 
threats becoming more sophisticated, I felt it was time to study the 
viability of such technology.
  I remain concerned about the Department's performance in its missile 
defense testing and targets program.
  I am, however, committed to working with them to ensure the 
conditions for success are in place, so we can build greater confidence 
in our defense capabilities.
  In the area of military space, the bill funds key space modernization 
programs such as SBIRS, G-P-S-III, W-G-S, and T-SAT. We included a 
provision that requires the Secretary of Defense and the Director of 
National Intelligence to review our communications bandwidth 
requirements--to ensure we have the capabilities in place to support 
our future weapons systems.
  Within the area of atomic energy defense activities, the bill 
reflects broad bipartisan agreement. The bill--
  Adds funds for key nuclear surety and weapons surveillance 
activities;
  Establishes a nonproliferation scholarship program for college 
students; and
  Directs an assessment of how to increase the security of nuclear 
weapons around the world.
  We also emphasize that the Department of Defense should pay greater 
attention to nuclear weapons matters, particularly in light of recent 
nuclear mishaps.
  The next administration will be faced with tough decisions about our 
Nation's aging nuclear infrastructure, weapons systems, and workforce. 
I was disappointed that we did not fund the Reliable Replacement 
Warhead Phase 2a study. I ask my colleagues to take a hard look at this 
concept.
  It has the potential to provide our Nation with a safer, more secure, 
and reliable nuclear deterrent, that may permit greater reductions in 
our stockpile.
  Finally, Mr. Speaker, I would be remiss if I did not recognize my 
fellow subcommittee members on both sides of the aisle, and their 
staffs. We tackle complex issues such as space, missile defense, and 
nuclear weapons policy, and do so with openness, diligence, and 
professionalism.
  As the Strategic Forces former chairman and now ranking member, I 
have had the great fortune to meet incredibly hard-working, talented 
space, nuclear, missile defense, and intelligence professionals. 
However, they need our help and continued support.
  I heard a troubling statistic this morning:
  China graduated 500,000 engineers.
  India graduated 200,000.
  The United States only graduated 70,000.
  We have some serious challenges ahead of us to maintain our technical 
leadership.
  During my 16 years in the House, it has been an honor and privilege 
to work on the Armed Services Committee to enhance our nation strategic 
forces capabilities, strengthen our national security, and support our 
men and women in uniform.

[[Page 20928]]


  Mr. SKELTON. I yield 2 minutes to the gentlewoman from California 
(Mrs. Tauscher), the chairman of the Subcommittee on Strategic Forces.
  Mrs. TAUSCHER. Mr. Speaker, I thank the chairman of the full 
committee and congratulate the ranking member, Mr. Hunter, for his 
service and his friendship. And I want to say how much it has been a 
pleasure to work on this bill with my friend and ranking member, the 
representative from Alabama, Mr. Everett. This is his last defense 
authorization bill, and I want to thank him for his wisdom and his 
leadership and his friendship. Godspeed on your retirement, Mr. 
Everett.
  This legislation reflects three crucial themes. First, it ensures the 
safety, security and reliability of our nuclear deterrent. The bill 
urges the Secretary to clarify lines of responsibility for nuclear 
weapons.
  It authorizes $6.6 billion for the Stockpile Stewardship Program, but 
does not fund the reliable replacement warhead.
  Second, the bill emphasizes missile defense systems that address 
near-term threats to the United States with more deliberate development 
of less mature systems to meet longer-term threats.
  The bill authorizes $8.9 billion for the Missile Defense Agency which 
is $410 million less than the President's request, but $270 million 
above last year's funded level.
  The bill allows construction of the European radar site upon final 
approval from the host nation, but prohibits construction of the 
European interceptor site proposed for Poland until both Poland and the 
Czech Republic have given final approval.
  The bill provides an additional $100 million for the Aegis BMD and 
THAAD programs, and increases funding for the U.S.-Israel missile 
defense programs.
  Third, this legislation authorizes major space programs and requires 
the Department of Defense and the Director of National Intelligence to 
jointly plan on meeting national security bandwidth needs.

                              {time}  1045

  We have a fabulous staff on the subcommittee, very, very energetic 
and hardworking members.
  Mr. Speaker, this is a strong bill. I thank everyone for their 
support, and I urge its adoption.
  Mr. HUNTER. I would yield to Mr. Thornberry, the distinguished 
gentleman from Texas, 2 minutes.
  Mr. THORNBERRY. Mr. Speaker, I rise in support of this defense 
authorization bill, appropriately named for our colleague from 
California, who has done so much to serve and to strengthen the United 
States during his time here and before.
  Mr. Speaker, as we are here on the floor, the Armed Services 
Committee is receiving testimony from a distinguished retired general 
who is there to remind us that whatever strategy the United States has 
in the future, it must be to win the wars we are in, not just end them. 
That is certainly the philosophy that I think the terrorism portion of 
this bill brings to the table, that portion of the bill that reminds us 
that this country is still at war against a radical enemy who seeks to 
hurt as many of us as possible, that portion of the bill extends and 
expands some of the key authorities that enable us to work with other 
militaries, other security forces so that we can have that battle on 
their soil rather than having them here.
  That portion of the bill also acknowledges that we are not just in a 
kinetic struggle, we're in an ideological struggle, and tries to take 
some steps forward to deal with issues such as strategic 
communications.
  That portion of the bill also acknowledges that we have to bring the 
whole government to this fight. It can't be something that just the 
military alone does, but we need the full range of capabilities by the 
United States Government, and we've had a problem in doing that.
  Overall, I think this bill helps make the country stronger and safer, 
and I believe that all Members should support it.
  Mr. SKELTON. Mr. Speaker, I yield 2 minutes to my friend and 
colleague, the gentleman from Mississippi, the chairman of the 
Subcommittee on Sea Power, Mr. Taylor.
  Mr. TAYLOR. I want to thank the chairman of our committee and our 
ranking member for working together to help Mr. Bartlett and I put 
together what we think is an excellent package on the Navy and Marine 
Corps programs.
  Mr. Speaker, we took the $14 billion that the President of the United 
States had asked for in shipbuilding to build seven ships, and because 
of the good work of Captain Ebbs on our subcommittee and Ms. Simler, we 
were able to stretch that out to 10 ships by setting other priorities.
  We didn't quite get the package that originally passed the House due 
to some concessions to the Senate, but we did give the Secretary of the 
Navy the leeway to return to building the DD-51 program, rather than 
the DD-1000, should he deem that be in the best interest of our Nation. 
I think it is.
  Additionally, we have $1.6 billion in funding for the National 
Sealift Fund. For the Maritime Administration we have about $878 
million, which includes money for the Merchant Marine Academy, Military 
Sealift program, Assistance to Small Shipyards, and $30 million for the 
vital title XI program.
  We've also given the Maritime Administration, working with the 
Senate, the language to make adjustments at the Merchant Marine 
Academy, so that their very generous alumni can continue to contribute 
to that institution, and those funds help subsidize the cost of it.
  I want to point out that with the great help of my ranking member, 
Mr. Bartlett, we have taken a second huge step as a Nation to lessen 
our Nation's military vulnerabilities to having our fuel cut off. Last 
year, with his help, we determined that the next generation of cruisers 
would be nuclear-powered. This year, again with his assistance, we're 
going to see to it that the next generation of marine amphibious 
assault ships will have nuclear propulsion, which means that we don't 
have to call on Hugo Chavez or the Iranians to get our vessels from one 
place to another, and that is a huge step on the part of this Nation 
towards energy independence.
  Again, I want to thank the chairman and our ranking member. We have 
about $14 billion in for shipbuilding. We have another $14 billion in 
for planes and helicopters for the Navy and Marine Corps, $10 billion 
for weapons, ammunition, vehicles and equipment upgrades for the Navy 
and Marine Corps. Again, none of this could have been done without the 
tremendous assistance of my ranking member from Maryland (Mr. 
Bartlett).
  Mr. HUNTER. I would yield to Mr. Bartlett, the gentleman from 
Maryland, a very distinguished gentleman and one of our great leaders 
on the Armed Services Committee, 2 minutes.
  Mr. BARTLETT of Maryland. Mr. Speaker, I strongly encourage my 
colleagues to suspend the rules and pass the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009.
  As ranking member of the Seapower and Expeditionary Forces 
Subcommittee, I applaud the efforts that Chairman Skelton, Ranking 
Member Hunter and Chairman Taylor have made to negotiate a final 
package with the Senate under extraordinarily constrained 
circumstances, the shortest conference in history, I think.
  I want to thank the staff for their invaluable contributions. This 
bill does an excellent job of meeting the needs of our soldiers, 
sailors, aviators and marines.
  The bill fully funds the next generation carrier, the next Virginia 
class submarine, and provides advanced procurement funding that would 
smooth the ramp for construction of two Virginia class submarines per 
year. This bill authorizes and fully funds two T-AKEs and two Littoral 
Combat Ships.
  The bill would also provide advance procurement for a DDG-51 
destroyer, which the Navy has testified would better meet their 
requirements. We have still provided sufficient funding for DDG-1000 to 
give the Navy options and flexibility for the procurement of surface 
combatants.

[[Page 20929]]

  Additionally, the bill extends the House commitment to expand nuclear 
propulsion for shipbuilding. In addition to next generation cruisers, 
the bill would also require that future amphibious assault vessels 
include nuclear power.
  Finally, Mr. Speaker, I would like to congratulate several of our 
colleagues who are retiring at the end of this Congress. Duncan Hunter, 
Jim Saxton and Terry Everett have my deepest respect and gratitude. 
Thank you for your dedication and service to our country and everything 
you have done for the men and women in uniform.
  Mr. Speaker, I ask my colleagues to support this bill.
  Mr. SKELTON. Mr. Speaker, I yield 2 minutes to my friend, the 
chairman of the Subcommittee on Terrorism, Unconventional Threats, and 
Capabilities, the gentleman from Washington (Mr. Smith).
  Mr. SMITH of Washington. First of all, I want to congratulate and 
thank Chairman Skelton and Ranking Member Hunter. Their dedication to 
making sure that we get a defense authorization bill done every year is 
truly admirable and an amazing accomplishment. They understand the 
importance of making sure that our committee sets the policy and the 
direction for national security and military policy in this country, 
and they are determined to get it done.
  The challenges were great this year, and yet they still got us a bill 
done on time and a bill that will really, really help the men and women 
who are fighting for us in our Armed Services and help protect our 
country. And that is a tribute to their leadership.
  I also want to thank Ranking Member Thornberry on our subcommittee 
for his great work. Our subcommittee, as he mentioned, is focused on 
specifically the war against al Qaeda and violent extremists, with 
jurisdiction over SOCOM and to handle unconventional threats.
  I am proud that this bill fully funds SOCOM and their efforts to 
protect us from terrorism across the globe. This bill also emphasizes 
science and technology and our need to develop the best, most advanced 
weapons to protect our military troops everywhere that they are 
fighting.
  I think this is an excellent bill, one that was not easy to 
accomplish, and I'm very proud of what our subcommittee has 
accomplished as well.
  Mr. HUNTER. Mr. Speaker, I would yield to Mr. Akin, the very 
distinguished gentleman from Missouri, 1 minute.
  Mr. AKIN. Mr. Speaker, I would comment that one of the things that 
the public would really like to see in Congress is for us to come down 
here, put our partisan differences aside and actually solve some 
problems. We don't always do a good job in that regard on many topics. 
But this is quite an exception today. And I think it's a time that the 
public can be very thankful for Chairman Skelton from the great State 
of Missouri and also for Ranking Member Hunter. Both of them have 
rolled their sleeves up and have put together an authorization bill 
that actually deals with the problems that face our country and have a 
very credible solution.
  This is a ``hats off'' for people who've worked very hard. We're very 
thankful to have a chance to get the bill passed, and it's that tone of 
our leadership that is willing to solve problems instead of squabbling 
like a bunch of cats. This is a very bright day. We're thankful for 
that leadership.
  Mr. SKELTON. Mr. Speaker, I yield 2 minutes to the chairman of the 
Subcommittee on Military Personnel, the gentlewoman from California 
(Mrs. Davis).
  Mrs. DAVIS of California. Mr. Speaker, I rise in support of the 
National Defense Authorization Act for Fiscal Year 2009.
  I want to recognize the ranking member of the Military Personnel 
Subcommittee, Mr. McHugh, for his contributions to this bill. It 
provides significant personnel benefits and policies that are important 
to our men and women in uniform and their families, and I believe it 
merits full support.
  Some of the highlights of the military personnel area include the 
following: A 3.9 percent pay raise, an increase of .5 percent above the 
President's request; prohibition on increases in TRICARE copays and 
deductibles; preventing TRICARE pharmacy copay increases for a year; 
establishing a tuition assistance program for eligible military 
spouses; growing the end strength for the Army and the Marine Corps; 
increasing full-time manning for the Army National Guard.
  We also provided over $50 million for Impact Aid to local educational 
agencies; increased the use of preventive care services by TRICARE 
beneficiaries, including waiving copayments for preventive services and 
creating smoking cessation programs.
  Finally, this bill creates a Department of Defense task force on the 
prevention of suicide.
  Our Nation has been at war for 7 years. Repeated deployments continue 
to take a hard toll on our servicemembers and their families, and the 
bill before us recognizes their sacrifices and addresses the increasing 
support that they and their families need to be trained and equipped 
before, during and following a deployment.
  Mr. Speaker, we would not be here today without the leadership of 
Chairman Skelton and Ranking Member Hunter, and I want to wish my 
colleague from San Diego well as he leaves the Congress. Chairman 
Skelton and Ranking Member Hunter have gone through extraordinary 
lengths to ensure that this Congress will have a defense authorization 
bill. I also want to thank my subcommittee staff for all of their hard 
work over the past year.
  I urge my colleagues to support the bill.
  Mr. HUNTER. I want to commend my seatmate from San Diego for her very 
hard work on this bill and her leadership.
  I yield 1 minute to Mr. McHugh, who over the many years has been one 
of the great leaders in this country for what I call, when we used to 
call the subcommittee the total force, which is the Guard, the Reserve, 
the active duty, those 2\1/2\ million men and women who serve this 
country so effectively, and to this guy who knows probably more about 
them than just about anybody I've ever met and knows more about policy, 
the gentleman from New York (Mr. McHugh).
  Mr. McHUGH. I thank the gentleman for yielding. I'm very, very 
flattered by his gracious comments as probably unmerited as they may 
be.
  Mr. Speaker, this is a bittersweet moment. It is sweet, or certainly 
an uplifting moment because we are here on the floor with a defense 
authorization bill. Had you asked anybody just a few weeks ago, I think 
they would have suggested no, it couldn't be possible. Yet through the 
incredible leadership of the gentleman from Missouri (Mr. Skelton) and 
former chairman and now able ranking member, the gentleman from 
California (Mr. Hunter), we are here, and we're not just here in 
presence, we're here with an absolutely incredible bill.
  I want to thank the gentlelady from California, my counterpart, the 
Chair of the Personnel Subcommittee, for her leadership. As you look at 
this bill, it meets the absolute first criteria of any effective DOD 
authorization bill, taking care of the troops.
  You heard the gentlelady recount the very positive things in this 
bill, and I couldn't agree with her more. I'm proud to be even remotely 
associated with that.
  I would also say, this is a triumphant staff. We are served 
incredibly well, day in and day out, by our professional staff members.

                              {time}  1100

  Never have they distinguished themselves more than they have this 
year. To do what it usually takes 6, 7, 8, 9 weeks and more in a matter 
of days is just an achievement that rings so very solidly to their 
credit but also is important to the goodwill of the Members.
  But I will tell you, this is a sad moment. This bill is very 
appropriately named after my colleague, my leader, Duncan Hunter, but 
he is taking with him the kind of dedication, devotion, and leadership 
that are not easily replaced, and he will be sorely, sorely

[[Page 20930]]

missed, and certainly as a friend I will miss him dearly.
  But just to kind of add insult to injury, he's taking with him two 
great Members, Terry Everett and Jim Saxton, folks who have led this 
committee and done so much good. But we carry forward in their great 
tradition. This is a great bill in their memory, and I urge my 
colleagues to support it.
  Mr. SKELTON. Mr. Speaker, at this time, I yield 90 seconds to the 
gentlelady from New Hampshire for the purpose of a colloquy.
  Ms. SHEA-PORTER. I thank the gentleman.
  I rise today in strong support for the men and women of the 
Portsmouth Naval Shipyard. The Portsmouth Naval Shipyard has prepared a 
detailed capital improvement program that elevates their shipyard from 
the gold standard to the platinum standard. It will ensure that the 
Portsmouth Naval Shipyard is prepared to meet future challenges 
required of the Navy's long-term ship repair vision. I support this 
long-term capital investment strategy and believe that it is incumbent 
on the Congress to support all of our public shipyards and, most 
importantly, the Portsmouth Naval Shipyard Capital Improvement Program.
  I yield to the gentleman from Missouri (Mr. Skelton).
  Mr. SKELTON. I thank the gentlelady for raising this important issue. 
I also commend her for her long-standing support and advocacy for the 
Portsmouth Naval Shipyard.
  At her request to the committee to support critical facility 
improvement projects in this year's bill, I am delighted to inform her 
that we have included over $30 million in capital improvement projects, 
including a critical Waterfront Support Facility and a Consolidated 
Component Improvement Facility.
  I would also like to make it clear for the record that due to a 
clerical error, Ms. Shea-Porter's name was not included in the 
transparency table that accompanied the bill showing that she had 
requested the Waterfront Support Facility. This was an oversight and 
will be corrected in an addendum to show that she had requested and 
supported the addition of these facilities in the bill.
  I commend her for her strong support of the shipyard and would 
support her continued advocacy for this critical national asset.
  Ms. SHEA-PORTER. I appreciate the chairman's support for my request 
to include these projects in this year's National Defense Authorization 
Act and, most importantly, the chairman's support of the men and women 
at the Portsmouth Naval Shipyard.
  Mr. HUNTER. Mr. Speaker, let me just conclude by again reflecting on 
the great leadership of Ike Skelton that brought this bill to the floor 
under such difficult circumstances. It's a great bill.
  And lastly, to just reinforce a point that's been made by a number of 
speakers, you know, this is a city which really, whether you have a 
military crisis or an economic crisis, needs honest brokers, and those 
are people that can look at interested parties and make a decision that 
is made for the right reasons and made on the merits. This committee 
could not function, this Congress couldn't function, if we didn't have 
incredible, professional staff who can look right through a dozen 
conflicting interests and see one interest that should dominate the 
scene, and that's the American interest, the right thing to do.
  And our professional staff members have that capability, and they 
have great character, and they have a lot of character, and in many 
cases, they are characters. Erin Conaton and Bob Simmons are the former 
staff director and the staff director, and their team have done such a 
great job of bringing this bill together, and only people in whom you 
could vest enormous amounts of trust could accomplish what they've 
accomplished.
  I just want to commend them for this incredible undertaking that's 
been the last couple of weeks. They are all so sleepy right now they 
really just want to finish this thing and get off the floor. But let's 
thank them for what they've done for this country. We appreciate you.
  With that, Mr. Speaker, I yield back my time.
  Mr. SKELTON. Mr. Speaker, at this time, I yield 1 minute to my friend 
and colleague, the gentlelady from Illinois (Ms. Schakowsky).
  Ms. SCHAKOWSKY. Mr. Speaker, I rise today to express my 
disappointment that the provision I drafted, that would prohibit 
private security contractors from performing inherently governmental 
functions in combat areas, was stripped from this bill. The House 
unanimously adopted this provision, and the Senate bill contained a 
nearly identical provision.
  I am extremely disappointed that the Bush administration threatened 
to veto this bill over this commonsense provision, forcing the Armed 
Services Committee to only include a sense of Congress on the use of 
private military contractors in this legislation.
  The horrible incidents like that involving Blackwater Worldwide in 
which 17 Iraqi civilians were killed, for which no one has yet been 
held accountable, have damaged our already tattered image in the eyes 
of the Iraqi people. Private contractors are being tasked with 
extremely sensitive jobs like gathering intelligence and providing 
armed security, and they severely damage the credibility of our 
military with their sometimes violent and almost always unaccountable 
behavior.
  Inherently government functions should be performed by people in the 
U.S. military or who are U.S. Government personnel, people who proudly 
wear the badge of the U.S. and pledge their allegiance to it.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. SKELTON. I yield the gentlelady an additional 15 seconds.
  Ms. SCHAKOWSKY. I thank the gentleman.
  Despite the administration's senseless decision to protect Blackwater 
and companies like it, I will continue to fight to make sure this won't 
happen.
  And I thank the gentleman for letting me say this remark.
  Mr. SKELTON. Let me compliment the gentlelady from Illinois (Ms. 
Schakowsky) on her interest and her work on this issue, and I think in 
the days ahead the efforts will be understood and be fruitful as we 
move ahead with the defense of our Nation. I thank her for that.
  We're coming to the end of a long, arduous process here in the House. 
Our wonderful staff has worked more than diligently, not just through 
the year but the last several days. In the last five days actually, Mr. 
Speaker, they've done 6 weeks of work, phenomenal, miraculous, and I 
compliment them for that. Erin Conaton, the director, and Bob Simmons, 
the minority chief, have been superb to work with, and every member of 
the staff has been a professional in the finest sense of the word. I 
cannot brag on them more. And we're very grateful for their efforts, 
and their efforts will pay off for those young men and women, those 
families who wear the uniform of our country check as they do their 
professional work.
  This effort is really for the security of our country and is done 
particularly for the young people who wear the uniform. They are, Mr. 
Speaker, our national treasures, and those of us on the committee 
understand that. We work toward that end, and as we vote for this bill 
and it passes, hopefully with a large, large majority, and goes to the 
Senate, and hopefully passes to the White House and to be signed by the 
President, those young gentlemen and young women who really make their 
life and their profession the national security of our country should 
know that we in Congress support them, back them up, and that we're 
immensely proud of the work that they do.
  So, with that in mind, and thanks to all the Members of our 
committee, superb committee, subcommittee chairmen, subcommittee 
ranking, and every Member, our staff and those who give advice and 
recommendations to us have made this bill possible in a very, very 
short period of time.
  So with that and a great deal of gratitude especially for my friend 
from

[[Page 20931]]

California, Duncan Hunter, who we unanimously named this bill for, we 
will miss him terribly, but we thank him for his service to our Nation, 
to our Congress, to our committee as chairman and ranking member, and 
we appreciate him, and we'll long remember him.
  Mr. Speaker, pursuant to H. Res. 1476, which the House adopted 
yesterday, I submit an addendum to the Joint Explanatory Statement 
which I entered into the Record yesterday.
  Due to administrative error, a number of Member requests were not 
included in the transparency table in yesterday's submission.

[[Page 20932]]

[GRAPHIC] [TIFF OMITTED] TH24SE08.285

 

[[Page 20933]]

  Ms. LEE. Mr. Speaker, when this Defense Authorization bill cleared 
the House last May it included an amendment which I authored requiring 
congressional approval of any agreement negotiated between the 
President and the Government of Iraq which commits the United States to 
the defense and security of Iraq from internal and external threats. 
But because the White House threatened to veto the bill over this 
prudent and reasonable provision, the version of the bill returned to 
us from the Senate no longer includes that limitation. That is reason 
alone to oppose this bill, which I do.
  Although I cannot support the bill as amended, I want to thank my 
good friend Mr. Skelton, the Chairman of the Armed Services Committee, 
for strongly supporting the Lee amendment and for his valiant efforts 
to retain it during the negotiations with a stubborn an unreasonable 
White House.
  An agreement to commit American troops to the defense and security of 
another country is not routine or typical or minor. It is a major 
commitment that must have the support of the American people. And that 
popular will can only be reflected by the Congress of the United 
States. That is why the Lee amendment was necessary. I regret we have 
lost a valuable opportunity to bring much needed accountability and 
transparency to our relationship with Iraq.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I stand here today with a 
heavy heart as I cast my vote against S. 3001, the National Defense 
Authorization Act for Fiscal Year 2009. While I support our men and 
women in the armed forces and our need to ensure our national security, 
I cannot with a clear conscience support a National Defense 
Authorization bill that includes money for Iraq without time-lines for 
an exodus.
  Samuel Adams, who was known as the Father of the American Revolution, 
stated ``All might be free if they valued freedom, and defended it as 
they should.'' While most of us value freedom, many of us do not risk 
our lives for it on a daily basis like our troops fighting in Iraq and 
Afghanistan.


                            H. Con. Res. 320

  That is why I chose to celebrate one of our heroic daughters of 
Texas, Specialist Monica L. Brown of the United States Army with House 
Concurrent Resolution 320 for her efforts earlier this year.
  Specialist Brown was the first woman in Afghanistan and only the 
second female soldier since World War II to receive the Silver Star, 
the Nation's third-highest medal for valor. This solider from Lake 
Jackson, Texas is only 19 years old.
  On April 25, 2007, Specialist Brown was part of a four-vehicle convoy 
patrolling near Jani Kheil in the eastern province of Paktia when a 
bomb struck one of the Humvees.
  When Specialist Brown saw her fellow soldiers were injured, she 
grabbed her aid bag and started running toward the burning vehicle as 
insurgents opened fire. All five wounded soldiers from her platoon 
scrambled out. Under this commotion, she assessed her patients and 
moved them to a safer location because they were still receiving 
incoming fire.
  The Pentagon's official policy is to prohibit women from serving in 
front line combat roles in the infantry, armor or artillery, but the 
nature of the wars in Afghanistan and Iraq, with no real front lines, 
has seen women soldiers take part in close quarters combat more than 
previous conflicts.
  Though I have opposed the war in Iraq from its inception, I remain 
absolutely committed to ensuring that we recognize, celebrate, and 
honor the service of our sons and daughters returning from Iraq and 
Afghanistan. Our troops in Iraq did everything we asked them to do, and 
I firmly believe that we must commend the men and women of our military 
for their exemplary performance and success in Iraq.


                              Defense BIll

  This defense bill reflects our commitment to support the men and 
women who fight to secure not only our citizens' freedom but the 
freedom of others. This bill will provide the necessary resources to 
protect the American people and our national interests at home and 
abroad. The Armed Services committee has provided for military 
readiness; taking care of our troops and their families; increasing 
focus on the war in Afghanistan; and improving interagency cooperation, 
oversight, and accountability in this year's defense authorization 
bill.


                           Defense Provisions

  We must maintain our efforts to restore military readiness in order 
to meet current military challenges and prepare for the future. 
Thankfully, this defense bill:
  Provides fair compensation and first-rate health care, and improve 
the quality of life of the men and women in the armed forces (active 
duty, National Guard and Reserves) and their families.
  Provides our servicemen and women with the resources, training, 
technology, equipment (especially force protection) and authorities 
they need to succeed in combat and stability operations in Iraq and 
Afghanistan.
  Seeks to reduce our Nation's strategic risk by taking action aimed at 
restoring, as soon as possible, the readiness of the military services 
to conduct the full range of their assigned missions.
  Improves the efficiency of Defense Department programs and 
activities, and applies the savings toward high-priority programs.
  Improves the ability of the armed forces to counter nontraditional 
threats, including terrorism and the proliferation of weapons of mass 
destruction.
  Promotes the transformation of the armed forces to deal with the 
threats of the 21st century.
  Ensures aggressive and thorough oversight of the Department's 
programs and activities to ensure proper stewardship of taxpayer 
dollars and compliance with relevant laws and regulations.


                        Thank You to Our Troops

  We must extol our military for their courage and sacrifice in 
Operation Enduring Freedom and Operation Iraqi Freedom. The United 
States cannot and should not permanently prop up the Iraqi government 
and military. Whether or not my colleagues agree that the time has come 
to withdraw our American forces from Iraq, I believe that all of us are 
of one accord that our troops deserve our sincere thanks and 
congratulations.
  The United States Armed Forces successfully toppled the regime of 
Saddam Hussein and captured the key cities of Iraq in only 21 days. The 
Armed Forces performed magnificently in conducting military operations 
designed to ensure that the people of Iraq would enjoy the benefits of 
a democratically-elected government governing a county that is capable 
of sustaining itself economically and politically and defending itself 
militarily.
  While our troops have achieved the objectives for which they were 
sent to Iraq, they are now caught in the midst of a sectarian conflict. 
Unfortunately, there is no military solution to Iraq's ongoing 
political and sectarian conflicts.
  The objectives for which this Congress authorized war in Iraq have 
been met; therefore, that authorization should no longer be the basis 
for ongoing involvement by U.S. armed forces. Our military has already 
paid too heavy a price for this Administration's ill-advised and poorly 
planned war effort in Iraq.
  Mr. Speaker, although I appreciate the need to protect our great 
nation from enemies both foreign and domestic, and I support without 
hesitation our troops, I cannot in clear conscious support S. 3001 
without clear withdrawal timelines for Iraq. I yield back the balance 
of my time.
  However, I will continue supporting the funding that is particular to 
supporting our troops, their families and our veterans.
  Mr. BLUMENAUER. Mr. Speaker, today we take up the final Defense 
Authorization bill of the Bush administration. Those who know me and 
know my record will understand why, although I support the progress 
we've made at rolling back some of the most egregious Bush defense 
priorities, I cannot vote for this Defense policy bill.
  In this time of extreme economic uncertainty, we cannot afford to 
prop up a bloated Department of Defense. Defense Authorization bills 
outline priorities and benchmarks for spending, and I believe this bill 
proposes levels that are too high and for the wrong priorities.
  For eight years we have seen the Defense budget balloon under 
President Bush and today we spend more on defense than the rest of the 
world combined. I have long pointed out that programs like the Future 
Combat System's fighting vehicles and the National Missile Defense 
system would be justifiable if the major threat to our security was a 
modern version of the Soviet Union. It is not. I applaud the Democratic 
cuts to the funding levels requested by the President, though we must 
do better.
  As with other programs, the quantity of money spent says little about 
the quality of return. Indeed, investing in outdated systems makes us 
less secure and comes at the expense of smarter, modern defense tools. 
We must invest in systems that confront the real and looming threats of 
terrorists and rogue states. We must cultivate our personnel into a 
smart and agile force with a range of tools to engage the world. We 
must create a security strategy that recognizes the equal importance of 
diplomacy, development, and defense and understands the linkages 
between poverty, environmental health, and economic security.
  In particular, I would like to see the Pentagon institute strong 
safeguards regarding the

[[Page 20934]]

interrogation of prisoners and fully invest in the environmental 
restoration of past defense sites. I thank Chairman Skelton and Ranking 
Member Hunter for the progress we've made so far on these issues, and 
for supporting my unexploded ordnance amendment which made detection 
technology a priority for the Pentagon.
  There are the beginnings of a major shift in this Defense 
Authorization bill. I believe that after the upcoming election, when 
the nation has time to evaluate just how out-of-touch the Pentagon is, 
we will be able to have a more thoughtful assessment of what our 
Defense Department should look like and what activities it should be 
engaged in. I look forward to this thoughtful discussion.
  Mrs. MALONEY of New York. Mr. Speaker, I rise today in strong support 
of S. 3001, the ``The National Defense Authorization Act for Fiscal 
Year 2009.'' This legislation gives critical assistance to our troops 
including providing equipment and training, providing all 
servicemembers with a pay raise of 3.9 percent, and improving health 
care.
  I also want to note provisions in the bill based on legislation, H.R. 
3033, the ``Contractors and Federal Spending Accountability Act,'' that 
I have been introducing since the 107th Congress to bring integrity 
back to the federal procurement system. S. 3001 will establish a 
comprehensive, centralized database that will keep track of the 
integrity and performance of certain persons awarded federal contracts 
and grants, more efficiently monitor the federal procurement system, 
and help protect U.S. taxpayer dollars. Any person awarded a federal 
agency contract or grant in excess of $500,000 would be included in the 
database including information related to any civil, criminal, or 
administrative proceedings involving the person. Currently, no central 
database exists to help procurement officials track fraudulent 
contractors who do business with the federal government.
  As a City Councilwoman, I successfully led an effort to implement a 
similar system. This system has aided the City of New York 
tremendously, and it has prevented habitual bad actors and felons from 
being awarded city contracts.
  Such a system is badly needed at the federal level. The contract 
officers and the federal government's watchdogs, the federal suspension 
and debarment officials, currently lack the information they need to 
protect our business interests. We have no central way of accounting 
for the performance of our purchases. Beyond a listing of currently 
debarred or suspended persons, officials are limited to their 
individual agency's knowledge of an entity's track record, press 
reports and personal contacts with other agencies. The American 
public's knowledge is limited even further. Often times this allows 
federal contractors and assistance recipients to repeatedly violate 
federal law yet still receive millions of dollars from the federal 
government.
  The federal government spends more than $417 billion annually on 
goods and services. We owe it to the American people to be a model 
consumer. Today, we are taking an important step toward bringing 
greater transparency to the federal contracting process.
  I want to thank Chairman Waxman, Ranking Member Tom Davis, Chairman 
Towns, and their staffs, particularly Mark Stephenson, for working with 
me on this issue. I also want to acknowledge the efforts of Senator 
McCaskill who championed the database provisions in the Senate as well 
as Representative Mark Udall who joined me in support of a contracting 
reform amendment when the House considered the Defense Authorization 
legislation earlier this year.
  I urge my colleagues to support S. 3001.
  Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today to 
express my support for the House-Senate compromise language for the 
FY09 National Defense Authorization Act. I am happy that the House and 
Senate were able to come to an agreement to provide critical support to 
our Armed Forces.
  I am particularly pleased that a number of provisions that I 
advocated for are in this final language. These provisions include the 
establishment of a Sexual Assault Database to provide a centralized, 
case-level database of information about sexual assaults that involve 
service members. I am also proud that my colleagues supported my 
efforts to require the Department of Defense to conduct a study of its 
bandwidth needs in the near and long term. Ensuring adequate bandwidth 
is essential to the military's ongoing readiness.
  This bill takes critical steps to restore the readiness of our Armed 
Forces by providing an equipment reset of $8.6 billion for the Army and 
$1.8 billion for the Marine Corps. It also ensures full utilization of 
our depots in the future.
  There are also a number of provisions to protect our service members 
in the battlefield. These include $1.7 billion for MRAP vehicles for 
our troops overseas and authority for the Department of Defense to 
conduct oversight and testing of personnel protective equipment.
  In addition, this bill prohibits increased premiums and co-pays for 
TRICARE recipients and provides tuition assistance and training for 
military spouses. This bill also establishes a task force on suicide 
prevention and authorizes $3.2 billion to expand quality family 
housing.
  I urge my colleagues to join me in supporting this important 
legislation and I urge the other body to move quickly to pass this 
compromise language that will continue to prepare, support and protect 
our Armed Forces. Thank you and I yield back.
  Ms. BORDALLO. Mr. Speaker, today I rise in strong support of the 
amendment offered to S. 3001, the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009. The bill, once again, renews 
our commitment to ensuring the highest levels of readiness and 
supporting the individual needs of our men and women in uniform. The 
bill is a product of hard work and dedication by our Chairman, Ranking 
Member and committee staff.
  The bill also continues to ensure that Congress will have the 
appropriate oversight and accountability mechanisms in place to ensure 
the military build-up on Guam is a success. In particular, the bill 
establishes an account to manage funds contributed to the U.S. 
Government in support of the military build-up by the Government of 
Japan through authority granted in Section 2350k of Title 10 of the 
United States Code. This account will provide us, as well as the 
Government of Japan, with greater accountability of how funds are being 
used. Over $13 billion dollars on military construction projects alone 
will be spent on Guam over a six year period as stipulated in the 
Alliance Transformation and Realignment Agreement.
  As important, the bill also contains provisions that express 
Congress's position on a variety of issues that will impact the local 
civilian community on Guam. Congress directs the Department of Defense 
to ensure that any improvements to utilities made on Guam as a result 
of the military build-up benefit the entire island community. Most 
specifically, it expresses that the Department of Defense should be a 
consumer and not a provider of basic services. If the Department of 
Defense is a consumer of water, power and wastewater resources then an 
economy of scales can be reached that will help lower the cost for both 
the military and civilian community.
  The bill also calls on the federal government to work more closely 
with their respective counterpart agencies in the Government of Guam to 
develop Memoranda of Understanding to ensure continuity of effort as 
Administrations prepare to change in Washington, D.C. and in Guam. The 
Memoranda of Understanding will allow federal and local governments to 
adequately prepare and plan infrastructure needs to meet the capacity 
demands added by the build-up of forces on Guam. The agreements will 
also give private industry a commitment that the federal and local 
governments are serious about and committed to ensuring success for the 
build-up.
  A successful example of a Memorandum of Understanding is the one 
signed by the Maritime Administration (MARAD) and the Port of Guam in 
May, 2008. The memorandum commits MARAD to use its technical expertise 
in contracting and planning to assist the Port of Guam in making 
necessary improvements for the port's capacity. The private sector, 
Government of Guam and the Department of Defense all agree that the 
port, if not improved and expanded, would have potentially been a 
“bottleneck” in the successful completion of projects 
related to the military build-up. However, the Memorandum of 
Understanding could not be fully implemented without the inclusion of 
authorizing language that is contained in the National Defense 
Authorization Act for Fiscal Year 2009. The language that I sponsored 
grants MARAD the authority to execute the terms of the Memorandum of 
Understanding. Now, we have a successful example of how Memoranda of 
Understanding can guide development of civilian infrastructure on Guam.
  Finally, the bill continues this Congress's commitment to our 
nation's indispensable force, our citizen soldiers and airmen of the 
Army and Air National Guard. In addition to a 3.9% increase in pay for 
all service members, the bill adds $800 million specifically for 
National Guard and equipment. The bill also fully authorizes the Joint 
Cargo Aircraft (JCA) program for the Army, allowing them to procure 
seven aircraft in fiscal year 2009. However, in order to maintain this 
indispensable force, it was critical that we authorized a substantial 
increase in full time manning for the Army and Air National Guard, and 
this funding was placed in the base budget in a fiscally responsible 
manner. Ensuring that the National

[[Page 20935]]

Guard has adequate full time positions is imperative if they are to 
remain a fully operational force.
  There are other provisions of interest to me and of relevance to 
Department of Defense activities on Guam. Of note is a provision 
authorizing the Department of Defense to participate in and financially 
contribute to conservation banking and in-lieu fee mitigation 
initiatives. This is important to protecting our environment and Guam 
presents an ideal opportunity for the Department of Defense to partner 
with the Government of Guam toward meeting conservation goals and 
mitigating the impact of the military build-up. I regret that the other 
body has withheld support from some provisions related to the military 
build-up that were adopted earlier this year by this House. I will 
continue to work on these provisions in the next Congress.
  I want to thank Congressman Ike Skelton, Chairman of the House Armed 
Services Committee and Congressman Solomon Ortiz, Chairman of the 
Subcommittee on Readiness for their leadership and steadfast support of 
provisions relating to the Guam military build-up that are included in 
this bill. I also want to thank the staff of the House Committee on 
Armed Services, specifically Erin Conaton, Paul Arcangeli, Will Ebbs, 
Debra Wada, Eryn Robinson, Vickie Plunkett, Cathy Garman, Andrew Hunter 
and Michael Higgins. However, David Sienicki should be especially 
commended for his outstanding work and understanding of the strategic 
importance of the Guam military build-up.
  I urge passage of the amendment to S. 3001.
  Mr. HOLT. Mr. Speaker, I rise in support of this bill.
  We've all read the stories about wounded troops being forced to repay 
enlistment or reenlistment bonuses. Chairman Skelton is to be commended 
for including a provision that ensures that any servicemember who is 
retired or separated for a combat-related disability will not be 
required to repay any portion of a bonus or other benefit. The same 
provision ensures that the survivor of a member who dies on active duty 
will likewise not have to repay any bonus or benefit their deceased 
loved one was entitled to. I am also pleased this bill authorizes a 
much needed and well deserved 3.9 percent pay raise for our troops.
  Today we are also ensuring that active duty families, military 
retirees, and their dependents are not socked with higher TRICARE fees 
or co-pays by extending the prohibition on such increase. The bill also 
encourages beneficiaries to use preventive health services by waiving 
copayments for preventive services.
  We've all been troubled and saddened by the increased rates of 
suicide among servicemembers and veterans. To address this crisis, the 
bill establishes a Task Force on the Prevention of Suicide by Members 
of the Armed Forces to bring together experts from both within and 
outside of the military to assess current service suicide prevention 
programs and policies and to examine the risk factors that can lead to 
suicide. The Secretary of Defense is required to develop a plan to 
improve suicide prevention based upon the recommendations of the task 
force. I urge Secretary Gates to convene this task force immediately 
and for the task force to complete its work as quickly as possible.
  Mr. Speaker, as is always the case in bills crafted by Chairman 
Skelton, this bill also authorizes additional necessary funds for key 
systems designed to help protect our troops. Two programs are of 
particular note. For example, the bill authorizes $1.7 billion to 
procure, sustain, transport, and field Mine Resistant Ambush Protected, 
MRAP, vehicles for our troops overseas. Additionally, the bill 
authorizes $2.2 billion for the Joint Improvised Explosive Device 
Defeat Organization, JIEDDO, and urges that $10 million be used for 
Marine Corps and Army development of specialized counter IED dog teams. 
The bill also requires that the Director of the JIEDDO to develop a 
science and technology investment strategy for countering the threat of 
IEDs.
  Additionally, I'm pleased this bill requires the Defense Department 
to take additional steps to reduce its energy consumption, consistent 
with mission and operational requirements. The bill establishes the 
position of Director for Operational Energy Plans and Programs and 
creates senior operational energy officials within each service. It 
also authorizes $90 million for energy conservation programs on 
military installations.
  I regret that a number of provisions that were in the House version 
of the bill were not included in the bill before us, including 
provisions dealing with the use of private security contractors and 
detainee interrogation-related activities. I am especially disappointed 
that the current bill does not include the detainee videorecording 
provision I authored and that was included in the House version of this 
bill. I look forward to working with Chairman Skelton in the next 
Congress to correct this deficiency.
  Mr. Speaker, this is a good bill; I will vote for it, and I urge my 
colleagues to do likewise.
  Mr. UDALL of Colorado. Mr. Speaker, as a Member of the House Armed 
Services Committee, I rise in support of this important legislation.
  I applaud Chairman Skelton for his leadership in guiding this bill to 
the floor today. He and Ranking Member Hunter have done a tremendous 
job, and they have been ably supported by the expert staff of our 
committee. We passed the Defense Authorization bill in the House over 
four months ago--but there was concern that the Senate wouldn't pass 
its bill before Congress adjourned for the year.
  Fortunately, the Senate acted last week, and we're able to move ahead 
today to complete this important annual task. Chairman Skelton and 
Ranking Member Hunter and their staff were not about to let this be the 
first Defense Authorization bill in 42 years not to become law. They 
worked very hard to reconcile the House and Senate legislation, and I 
commend them for the outcome. I expect the Senate to follow our lead 
and send this bill to the President for his signature.
  This bill rightly focuses on our military's readiness needs. After 
more than five years at war, both the active duty and reserve forces 
are stretched to their limits. The bill will provide what's needed to 
respond, including funds to address equipment shortages for the active 
duty and reserve forces, improve the quality of our military barracks, 
maintain ammunition, and expand training opportunities, among other 
important readiness needs. The bill also improves the quality of life 
for our forces and their families by including a 3.9 percent pay raise 
for all service members, preserving important health benefits by 
prohibiting fee increases in TRICARE and the TRICARE pharmacy program, 
and including new preventive health care initiatives.
  With regard to Colorado provisions, I am pleased that the bill 
includes language requiring the Secretary of Defense to maintain 
redundant facilities and equipment--along with the staff necessary to 
ensure continuity of operations--at Cheyenne Mountain Air Force Station 
until the Secretary can certify that security measures have been 
instituted to bring the consolidated command center for NORTHCOM/NORAD 
at Peterson AFB into full compliance with Protection Level One 
requirements. Currently, the Secretary has waived compliance to allow 
Peterson to meet these requirements--defined as resulting in ``the 
greatest possible deterrence against hostile acts'' and providing ``the 
maximum means to achieve detection, interception and defeat of a 
hostile force before it is able to seize, damage or destroy 
resources''--though Peterson AFB does not yet meet this level of 
protection. Such a waiver would not be permitted to meet the 
requirement under this legislation.
  It is important that the House and the Senate have recognized that 
Northern Command's decision to relocate the nation's air and space 
defense command from Cheyenne Mountain to the new NORTHCOM/NORAD 
command center at Peterson AFB was flawed, particularly without fully 
analyzing the full range of threats. The Government Accountability 
Office in its recent report highlighted the lack of a comprehensive 
threat analysis, and the Department of Defense (DOD) finally concurred 
that a thorough analysis still needs to be completed. While that study 
is ongoing--and certainly while Peterson AFB cannot yet comply with 
protection level requirements for the highest level of threats--
redundant operations should be maintained at Cheyenne Mountain.
  I'm also pleased that the bill increases overall military 
construction project authorization at the Pueblo Chemical Depot by $223 
million, raising the five-year-old authorization cap that had forced 
the Assembled Chemical Weapons Alternative (ACWA) program and its main 
contractor Bechtel to cancel some work earlier this year and would have 
resulted in layoffs if it had not been increased. Although Congress 
appropriated sufficient funds last year, ACWA did not have 
Congressional permission to spend the funds until this cap was raised.
  Finally, the bill includes language that prohibits DOD from 
transporting away from the Pueblo Chemical Depot in the next six months 
the hazardous wastes left after chemical treatment of mustard agent. 
This is based on legislation I introduced with Rep. John Salazar 
earlier this year, and sends an important message to the Department of 
Defense.
  There is no question that the ACWA program has been poorly managed 
for years. But I believe the people of Pueblo shouldn't have to pay for 
DOD's mistakes. Pueblo needs the jobs that the biotreatment process 
will provide, and the community deserves the certainty that clean-up 
will be completed in a timely fashion.

[[Page 20936]]

I am disappointed that the final language is not as strong as the 
language I helped pass in the House, but it is still an important step 
forward. I will continue to work to ensure the secondary wastes are not 
transported off-site.
  The Pueblo Chemical Depot holds 2,611 tons of liquid mustard agent 
and is part of the DOD's ACWA program, which is responsible for 
destroying the chemical weapons stored at Pueblo and at the Blue Grass 
Army Depot in Kentucky. The Chemical Weapons Convention, ratified by 
Congress in 1997, requires these munitions to be destroyed by 2012. 
Because of schedule delays, management problems, and funding shortfalls 
for the ACWA program, the DOD has said that the U.S. will not meet the 
Chemical Weapons Convention treaty deadline.
  Last year, Congress mandated that DOD complete all chemical weapons 
destruction activities by 2017. The DOD has suggested that a 2017 
deadline at Pueblo cannot be reached if wastes are treated on-site. DOD 
is again studying whether to transport these wastes for treatment off-
site, despite approved plans to treat the wastes at the Pueblo Chemical 
Depot, and despite the fact that construction of an on-site 
biotreatment facility has already begun. In addition, studies have 
shown that shipping these wastes would not yield benefits. The 
community of Pueblo and the Colorado Citizens' Advisory Commission, 
established by law to represent community interests, have repeatedly 
expressed their preference for treating the wastes on-site.
  The bill also authorizes $474 million for military construction 
projects at Fort Carson, as well as $65 million for construction at the 
Pueblo Chemical Depot, $4.9 million for land acquisition at Peterson 
AFB, $18 million for Colorado National Guard readiness centers in 
Denver and Grand Junction, $3 million for a satellite pharmacy and $4.2 
million for Alert Crew Headquarters at Buckley Air Force Base, and $18 
million to upgrade academic facilities at the U.S. Air Force Academy.
  Mr. Speaker, the bill we are considering today does an excellent job 
of balancing the need to sustain our current warfighting abilities with 
the need to prepare for the next threat to our national security. It is 
critical that we are able to meet the operational demands of today even 
as we continue to prepare our men and women in uniform to be the best 
trained and equipped force in the world.
  This is a good bill, a carefully drafted and bipartisan bill, and I 
urge its passage.
  Mr. KUCINICH. Mr. Speaker, I rise in opposition to the Defense 
Authorization bill. Despite the 2006 mandate from the American people 
to end the war and occupation of Iraq, this bill authorizes the funding 
to continue operations in Iraq well into the 2009 fiscal year. This 
bill authorizes $68.5 billion for the wars in Iraq and Afghanistan. In 
addition it authorizes the entirety of the administration's request of 
$542.5 billion for the National Defense budget. This is a grand total 
of $611.1 billion to continue misguided policies such as preemptive 
strikes, interventionism and peace through strength.
  The bill includes absolutely no language calling for the withdrawal 
of our honorable and brave service members in Iraq, 4,170 servicemen 
and women have been killed in Iraq, there have been tens of thousands 
of injuries to our troops and over 1 million innocent Iraqi civilians 
have been killed as a result of the war. The true monetary cost of the 
war is estimated to be $3 trillion. Yet instead of keeping a commitment 
that we made back in 2006 to end the war, we are once again voting on a 
bill that will continue to fund it well into the term of the next 
President. Congress has the ability to end the war and bring our troops 
home simply by refusing to continue funding.
  Additionally, I do not support the authorization for $465.8 million 
to continue development of the European Ground-Based Mid-Course 
Defense, GMD, program despite a lack of assurance that the system will 
work or is needed for the safety of our nation. Congress' continued 
funding of the European GMD only lends credence to the administration's 
misguided claims the system is necessary to defend the U.S. from a 
long-range ballistic missile attack from Iran despite the fact that 
Iran is unlikely to pose such a threat to the United States in the 
foreseeable future.
  Continuing to develop the European GMD has consequences for U.S. 
foreign policy. This deal has exacerbated tensions between the U.S. and 
Russia. There has also been strong opposition by the citizens of the 
Czech Republic and Poland to the placement of the radar and 
interceptors in their respective countries.
  This bill continues to reflect the wrong priorities for our nation's 
security. The continued proliferation of nuclear weapons does not make 
America safer. What will make America safer is to place a priority on 
cooperation with the global community on nuclear nonproliferation 
initiatives. This bill authorizes over $6.6 billion for the nuclear 
weapons activities of the National Nuclear Security Administration, and 
less than $2 billion for nuclear nonproliferation.
  The U.S. administration has established a record of unilateralism 
that undercuts our nation's credibility in the eyes of other nations. 
The repercussions of this record include undermining our security and 
diplomatic integrity. In just under eight years the U.S. administration 
has backtracked on international treaties and conventions. The U.S. has 
rejected the Comprehensive Test Ban Treaty, refused to sign the Land 
Mine Treaty, withdrawn from the Anti Ballistic Missile Treaty, unsigned 
the Kyoto Protocol, and blocked a verification protocol for the 
Biological Weapons Convention.
  Continuing to keep ``all options on the table'' while refusing to 
engage in diplomacy without preconditions leaves America devoid of any 
moral authority. The idea that peace (the absence of 'violence) can be 
brought about through violence and increasing weapons stockpiles is 
antithetical. The assertion that keeping our nation safe requires us to 
maintain a pre-emptive strike policy is built on a foundation of fear 
and continues to drive Americans further away from each other and the 
world community. The belief that the bulk of our foreign policy should 
be comprised of insisting other countries do what we tell them, while 
we fail to engage in any meaningful global cooperation is hypocritical 
and condescending.
  The security of America lies not in defense spending but in ensuring 
well paid jobs for hardworking Americans, guaranteed health care and a 
strong education for our nation's youth. We must shift our priorities. 
This body must stop spending half of America's tax dollars on the 
funding of the military industrial complex and instead invest in 
economic projects that really will keep America safer. With our economy 
in crisis it should be clear that continuing to hemorrhage money on 
defense spending while our future economic stability is uncertain is 
not in the best interests of our citizens. Congress must wake up. In 
other words, I believe that Congress must reassess our current 
priorities and in so doing begin to provide for the traditional sense 
of security by first ensuring economic security, health security, and 
job security for all.
  Mr. SKELTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Skelton) that the House suspend the rules 
and pass the Senate bill, S. 3001, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SKELTON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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