[Congressional Record (Bound Edition), Volume 154 (2008), Part 8]
[House]
[Pages 10716-10828]
[From the U.S. Government Publishing Office, www.gpo.gov]




 DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

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

                              {time}  1344


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 5658) to authorize appropriations for fiscal year 2009 
for military activities of the Department of Defense, to prescribe 
military personnel strengths for fiscal year 2009, and for other 
purposes, with Mr. Serrano (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  Mr. HOYER. Mr. Chairman, I first want to recognize Congressman Ike 
Skelton, Chairman of the Armed Services Committee. I know how 
tirelessly he's worked to put this authorization bill together; and 
more than that, I know that no one in this House is a more dedicated 
advocate for our men and women in uniform.
  This bill passed out of committee unanimously, and I expect it to 
pass the full House overwhelmingly, as well. That's because it's a bill 
that begins to repair our military while putting the needs of our 
troops first, a bill that responds to the Armed Forces' immense 
challenges while keeping them on the cutting edge. Let me touch on a 
few of its key provisions.
  First, it authorizes $70 billion for operations in Iraq, Afghanistan, 
and the war on terrorism. No doubt, an overwhelming majority of the

[[Page 10717]]

American public would agree that our mission in Iraq has been marred by 
gross errors of judgment from our highest-ranking civilian officials, 
unending bloodshed, and a chronic lack of political progress. But at 
the same time, 150,000 American troops are still on the ground in the 
midst of that violence, they have done everything our Nation has asked 
of them, and I believe they must have the resources they need to defend 
themselves and try to stabilize Iraq. This bill recognizes that 
reality, and it includes funds to keep our troops safer under fire: 
funds for Mine Resistant Ambush Protected Vehicles, up-armored Humvees, 
and personal body armor.
  Second, this bill acknowledges the tremendous debt we owe our troops 
in this time of war. And the bill's military pay raise--a higher raise 
than the president requested--is a small way of beginning to pay that 
debt back. It also protects their access to health care by keeping down 
medical fees for our troops and retirees.
  Third, this bill begins to restore our Nation's military readiness. 
With our forces stretched to the breaking point, Army National Guard 
units have, on average, less than two thirds of their required 
equipment. Army Vice Chief of Staff Richard Cody has testified that the 
Army ``no longer has fully ready combat brigades on standby should a 
threat or conflict occur.'' That is simply too dangerous a risk to 
take. I'm glad that this bill takes some steps to mitigate it, 
authorizing nearly $2 billion for unfunded readiness initiatives, $800 
million for National Guard and Reserve equipment, and larger active 
duty forces: 7,000 new soldiers, 5,000 more Marines, and more than 
1,000 new sailors.
  Fourth and finally, this bill's investments in high-tech equipment 
will keep our military the world's most advanced. It includes funding 
for next-generation fighters, like the F/A-22 Raptor and the F-35 Joint 
Strike Fighter; for advanced Navy vessels, from small littoral combat 
ships to new attack submarines; and for the initial deployment of a 
national missile defense system. At the same time, I realize that 
spending on this scale always opens the possibility of waste and abuse; 
that's why I'm grateful that this bill also comes equipped with 
increased congressional oversight of Defense acquisition programs.
  Mr. Speaker, never in recent memory has our military been so worn 
down. The road back to readiness will be long and hard--but it can 
begin today. I urge my colleagues to support this vital piece of 
legislation--vital for our troops and our families, and equally vital 
for our Nation's security.
  Mr. DINGELL. Mr. Chairman, I rise today in support of the Department 
of Defense (DOD) Authorization Act for Fiscal Year 2009. This 
legislation achieves a number of very important goals. First and 
foremost, it provides our troops and their families with the support 
they need. This includes a military a pay raise of 3.9 percent, which 
is larger than that requested by the President, a prohibition against 
fee increases for the military health care program known as TRICARE, an 
expansion of available health care services, and improved support for 
military families.
  The bill also helps protect our troops by improving military 
readiness, and providing them with the equipment they need to keep them 
safe. The bill authorizes nearly $2 billion for unfunded readiness 
initiatives, and authorizes $800 million to provide the National Guard 
and Reserve, which are terribly stretched thin due to repeated 
deployments to Iraq, equipment they critically need. It also authorizes 
$2.6 billion for additional Mine Resistant Ambush Protected (MRAP) 
vehicles, $947 million for additional Up-Armored Humvees, and $783 
million for the continued procurement and enhancement of personal body 
armor. This is equipment that will save countless lives in Iraq.
  Finally, this legislation includes provisions making important 
changes to the government contracting system and adds increased 
accountability for those who are working for the government in Iraq. 
This bill reforms the DOD acquisition process, provides for a better 
trained acquisition workforce, and cracks down on conflicts of interest 
in defense contracts.
  I want to thank my friend and colleague Chairman Skelton for his hard 
work on this legislation. It has always been the bipartisan goal of the 
Congress to ensure that the United States military is the best trained, 
best equipped, and most capable fighting force in the world. This 
legislation accomplishes those goals, and has my strong support.
  Mr. KIND. Mr. Chairman, I rise today in support of H.R. 5658, the 
National Defense Authorization Act for Fiscal Year 2009.
  I would like to start by commending the outstanding service provided 
by our men and women in the armed forces and thanking them for the 
terrific job they do for us across the globe each and every day, often 
in very difficult and dangerous circumstances. In return, I believe it 
is our duty as Congress to provide our troops with the support and 
resources they need to do their job as safely and effectively as 
possible. It is a credit to Chairman Skelton and Ranking Member Hunter 
that we have been able to fulfill this important obligation with strong 
bipartisan support.
  I especially thank the committee for addressing an issue of 
particular importance to me and one of my constituents in this 
legislation. During a 15-month deployment in Afghanistan, U.S. Army 
Sergeant Jeff Frawley endured extremely harsh conditions in the 
mountains near Pakistan. Despite these hardships, he selflessly re-
enlisted to serve his country for another 4 years.
  Upon his return to the United States, Sergeant Frawley's company was 
forced to live in barracks at Fort Bragg that were infested with mold, 
suffered from decrepit plumbing, and were structurally unsound. While 
visiting his son, Sergeant Frawley's father took pictures of the 
barracks and eventually posted a video of them on the internet.
  The appalling conditions to which soldiers such as Sergeant Frawley 
have been subjected upon their return to the United States are an 
embarrassment. The improvement of these facilities must be of the 
highest priority for this country. Our returning troops deserve better. 
That is why I am proud to support H.R. 5658, which increases the 
Sustainment, Restoration, and Modernization account for the Department 
of Defense by $650 million. This additional funding is directly 
targeted at modernizing and fixing existing barracks, and will go a 
long way in ensuring that Sergeant Frawley and other soldiers are 
provided with the resources and facilities they deserve.
  I thank Armed Services Committee Chairman Skelton and Ranking Member 
Hunter for their leadership on this critical issue. I applaud their 
work and urge my colleagues to support this important bill.
  Mr. LANGEVIN. Mr. Chairman, I rise in support of the National Defense 
Authorization Act for Fiscal Year 2009. Having served on the House 
Armed Services Committee, I know that it handles some of the most 
complicated and contentious issues before Congress, but through a 
combination of hard work and a commitment to bipartisanship, it has 
been able to assemble a good bill that all Members should support. I 
would particularly like to thank Chairman Skelton and Ranking Member 
Hunter for their leadership and their efforts to enhance our national 
security.
  The members of this body hold significantly different opinions about 
what our Nation's role should be in Iraq. Personally, having voted 
against the authorization of the use of force in Iraq, I believe that 
our current combat operations are doing significant and systemic damage 
to our military readiness and that we need a new strategy that 
emphasizes diplomatic and economic efforts and that allows us to bring 
our troops home. Despite our differences on Iraq policy, though, my 
colleagues and I stand in full support of the men and women in uniform 
who serve our Nation, as well as their families. This legislation 
recognizes their service by providing a pay raise of 3.9 percent--an 
increase of 0.5 percent over the President's budget request. It also 
rejects the President's ill-advised proposal to raise premiums and co-
pays for participants of TRICARE, the military health care system. 
Congress recognizes that other options exist to reduce the cost of 
health care and that we must not place an undue burden on our military 
families. To that end, H.R. 5658 establishes several new preventive 
health initiatives, which will keep people healthier and reduce future 
costs.
  As co-chair of the House Submarine Caucus, I am particularly pleased 
that the bill before us makes a major investment in our national 
security by providing an additional $722 million for advanced 
procurement of a second VIRGINIA-class submarine in FY2010--one year 
ahead of schedule. Last year, Congress provided $588 million to 
expedite the VIRGINIA-class construction schedule to attain two 
submarines in FY2011, and this legislation moves the target date even 
sooner. Submarines are one of the most effective and flexible platforms 
in our military, but if we don't build more quickly, we will lose our 
strategic advantage over nations that are rapidly expanding their naval 
forces. Furthermore, this funding will help our submarine industrial 
base, which, without additional work, will face layoffs, and our Nation 
could lose their specialized skills and expertise. The men and women 
who work at Electric Boat in my district make the best submarines in 
the world, and I am pleased that this legislation will allow them to 
expand their contributions to our national security. I am deeply 
grateful to Chairman Ike Skelton and Seapower Subcommittee Chairman 
Gene Taylor--as well as my friend and neighbor Joe Courtney and my co-
chair on the Submarine Caucus Randy Forbes--for their commitment to our 
submarine force.
  This Congress has shown a commitment to our Navy and recognizes the 
importance of

[[Page 10718]]

shipbuilding. While I applaud many provisions in this bill that will 
help restore the size of our fleet, I have concerns about the decision 
to delay the purchase of the third Zumwalt-class destroyer (DDG-1000). 
Instead of funding the President's full request, the bill provides $400 
million that may be used either to purchase long-lead materials for the 
thud DDG-1000 or to begin procurement of two Arleigh Burke-class 
destroyers (DDG-51). The DDG-1000 is the first installment in the 
Navy's Family of Ships line, which will develop new technology for 
later insertion in the next-generation cruiser and other surface ships. 
Delaying DDG-1000 will prevent the development of new technologies and 
weapons systems that are necessary to address current and future 
threats. Additionally, while purchasing additional DDG-51s will help us 
increase the size of our fleet, they cannot fulfill the mission 
requirements of the DDG-1000, which was specifically built to have 
greater capability and a smaller crew. As we move forward with this 
bill, I ask that the committee keep these concerns in mind.
  I am very proud to support H.R. 5658, which provides our men and 
women in uniform with the resources, equipment and services they need 
to continue their excellent service to the Nation. I urge all of my 
colleagues to support this measure.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today to discuss H.R. 
5658, the Duncan Hunter National Defense Authorization Act for FY 2009 
which has many important provisions to help our military personnel and 
their families. I want to thank my colleague Congressman Skelton for 
his leadership on the House Armed Services Committee in bringing a bill 
to the floor that not only protects but supports our military and our 
veterans.
  Samuel Adams, who was known as the Father of the American Revolution, 
stated ``All might be free if they valued freedom, and defended it as 
they should.'' Well, while most of us value freedom many of us do not 
risk our lives for it the way our men and women in the armed forces do 
on a daily basis.
  This defense bill reflects our commitment to support the men and 
women who fight to secure not only our citizen's freedom but the 
freedom of others. This bill will provide the necessary resources to 
protect the American people and our national interests at home and 
abroad. The Armed Services committee has provided for military 
readiness; taking care of our troops and their families; increasing 
focus on the war in Afghanistan; and improving interagency cooperation, 
oversight, and accountability in this year's defense authorization 
bill.


                           Defense Provisions

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


                  Rep. Jackson-Lee Proposed Amendments

  While I do believe that Congressman Skelton and the Armed Services 
Committee have done a great job at trying to address the needs of our 
servicemembers, their families, and our national interests, I am 
disappointed to see certain areas were not addressed. I offered two 
amendments to the defense authorization to improve its ultimate 
outcome.
  My first amendment would have added three sense of Congress 
paragraphs: (1) the war in Iraq should end as safely and quickly as 
possible and our troops should be brought home; (2) the performance of 
United States military personnel in Iraq and Afghanistan should be 
commended, their courage and sacrifice have been exceptional, and when 
they come home, their service should be recognized appropriately, 
including through the observance of a national day of celebration; and 
(3) the primary purpose of funds made available by this Act should be 
to transition the mission of United States Armed Forces in Iraq and 
undertake their redeployment, and not to extend or prolong the war.
  This amendment was borne from my deeply held belief that we must 
commend our military for their exemplary performance and success in 
Iraq. As lawmakers continue to debate U.S. policy in Iraq, our heroic 
young men and women continue to willingly sacrifice life and limb on 
the battlefield. Our troops in Iraq did everything we asked them to do. 
The United States will not and should not permanently prop up the Iraqi 
government and military. Whether or not my colleagues agree that the 
time has come to withdraw our American forces from Iraq, I believe that 
all of us in Congress should be of one accord that our troops deserve 
our sincere thanks and congratulations.
  My amendment explicitly stated that the goals laid out by the 
Authorization for Use of Military Force against Iraq Resolution of 2002 
(AUMF) have all been achieved by our troops in Iraq.
  Due to the skill and dedication of the members of the Armed Forces, 
the entire world has now been assured that Iraq does not possess 
weapons of mass destruction that could threaten the United States or 
any member nation of the international community. The United States 
Armed Forces successfully toppled the regime of Saddam Hussein and 
captured the key cities of Iraq in only 21 days. The Armed Forces 
performed magnificently in conducting military operations designed to 
ensure that the people of Iraq would enjoy the benefits of a 
democratically elected government governing a country that is capable 
of sustaining itself economically and politically and defending itself 
militarily.
  While our troops have achieved the objectives for which they were 
sent to Iraq, they are now caught in the midst of a sectarian conflict. 
Unfortunately, there is no military solution to Iraq's ongoing 
political and sectarian conflicts.
  My second amendment would have made a declaration of U.S. policy that 
``The Authorization for Use of Military Force against Iraq Resolution 
of 2002 (Public Law 107-243; approved on October 16, 2002) is the basis 
of authority pursuant to which the President launched the invasion of 
Iraq in March 2003.''
  Further, it describes the authorization's two stated objectives: to 
enforce all relevant United Nations Security Council resolutions 
regarding Iraq, and to defend the national security of the United 
States (i) by disarming Iraq of any weapons of mass destruction that 
could threaten the security of the United States and international 
peace in the Persian Gulf region, (ii) by ensuring that the regime of 
Saddam Hussein would not provide weapons of mass destruction to 
international terrorists, including al Qaida, (iii) by changing the 
Iraqi regime so that Saddam Hussein and his Baathist regime no longer 
pose a threat to the people of Iraq or Iraq's neighbors, and (iv) by 
bringing to justice any members of al Qaida bearing responsibility for 
the attacks on the United States, its citizens, and interests, 
including the attacks that occurred on September 11, 2001, known or 
found to be in Iraq.
  Most crucially, my second amendment states unequivocally that ``the 
objectives of Public Law 107-243 described in subparagraphs (A) and (B) 
of paragraph (2) have been achieved. This amendment would have provided 
an expressed acknowledgment by the Congress that the objectives for 
which the Authorization for Use of Military Force (AUMF) resolution of 
2002 authorized the use of force

[[Page 10719]]

in Iraq were achieved by the Armed Forces of the United States.
  The objectives for which this Congress authorized war in Iraq have 
been met; therefore, that authorization should no longer be the basis 
for ongoing involvement by U.S. armed forces. Our military has already 
paid too heavy a price for this Administration's ill-advised and poorly 
planned war effort in Iraq. My amendment would have recognized the 
exemplary performance of our men and women in uniform, and emphasizes 
that our military has already achieved the objectives for which it was 
sent to Iraq.
  Mr. Chairman, although I would have liked to see my amendments 
included in this bill I am supportive of much of the provisions of this 
bill; however since this legislation provides for continued funding of 
the Iraq war I will not be able to vote for the continuation of the 
war. I will vote no.
  The Acting CHAIRMAN. When the Committee of the Whole rose on 
Wednesday, May 21, 2008, all time for general debate pursuant to House 
Resolution 1213 had expired. Pursuant to House Resolution 1218, no 
further general debate is in order.
  Pursuant to House Resolution 1218, the amendment in the nature of a 
substitute printed in the bill is considered as an original bill for 
the purpose of amendment and is considered read.
  The text of the amendment in the nature of a substitute is as 
follows:

                               H.R. 5658

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

     SECTION 1. SHORT TITLE.

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

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

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

Sec. 1.  Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

                       Subtitle B--Army Programs

Sec. 111. Separate procurement line items for Future Combat Systems 
              program.
Sec. 112. Restriction on contract awards for major elements of the 
              Future Combat Systems program.
Sec. 113. Restriction on obligation of funds for Army tactical radio 
              pending report.
Sec. 114. Restriction on obligation of procurement funds for Armed 
              Reconnaissance Helicopter program pending certification.

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Additional determinations to be made as part of Future Combat 
              Systems milestone review.
Sec. 212. Analysis of Future Combat Systems communications network and 
              software.
Sec. 213. Future Combat Systems manned ground vehicle selected 
              acquisition reports.
Sec. 214. Separate procurement and research, development, test, and 
              evaluation line items and program elements for Sky 
              Warrior Unmanned Aerial Systems project.
Sec. 215. Restriction on obligation of funds for the Warfighter 
              Information Network--Tactical program.
Sec. 216. Limitation on source of funds for certain Joint Cargo 
              Aircraft expenditures.

                  Subtitle C--Missile Defense Programs

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

                       Subtitle D--Other Matters

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

Sec. 311. Authorization for Department of Defense participation in 
              conservation banking programs.
Sec. 312. Reimbursement of Environmental Protection Agency for certain 
              costs in connection with Moses Lake Wellfield Superfund 
              Site, Moses Lake, Washington.
Sec. 313. Expand cooperative agreement authority for management of 
              natural resources to include off-installation mitigation.

                 Subtitle C--Workplace and Depot Issues

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

                      Subtitle D--Energy Security

Sec. 331. Annual report on operational energy management and 
              implementation of operational energy strategy.
Sec. 332. Consideration of fuel logistics support requirements in 
              planning, requirements development, and acquisition 
              processes.
Sec. 333. Study on solar energy for use at forward operating locations.
Sec. 334. Study on coal-to-liquid fuels.

                          Subtitle E--Reports

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

[[Page 10720]]

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

                       Subtitle F--Other Matters

Sec. 351. Extension of Enterprise Transition Plan reporting 
              requirement.
Sec. 352. Demilitarization of loaned, given, or exchanged documents, 
              historical artifacts, and condemned or obsolete combat 
              materiel.
Sec. 353. Repeal of requirement that Secretary of Air Force provide 
              training and support to other military departments for A-
              10 aircraft.
Sec. 354. Display of annual budget requirements for Air Sovereignty 
              Alert Mission.
Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should 
              receive sufficient funding and resources.
Sec. 356. Revision of certain Air Force regulations required.
Sec. 357. Transfer of C-12 aircraft to California Department of 
              Forestry and Fire Protection.
Sec. 358. Availability of funds for Irregular Warfare Support program.
Sec. 359. Sense of Congress regarding procurement and use of munitions.
Sec. 360. Limitation on obligation of funds for Air Combat Command 
              Management Headquarters.
Sec. 361. Increase of domestic sourcing of military working dogs used 
              by the Department of Defense.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Mandatory separation requirements for regular warrant 
              officers for length of service.
Sec. 502. Requirements for issuance of posthumous commissions and 
              warrants.
Sec. 503. Extension of authority to reduce minimum length of active 
              service required for voluntary retirement as an officer.
Sec. 504. Increase in authorized number of general officers on active 
              duty in the Marine Corps.

                Subtitle B--Reserve Component Management

Sec. 511. Extension to all military departments of authority to defer 
              mandatory separation of military technicians (dual 
              status).
Sec. 512. Increase in authorized strengths for Marine Corps Reserve 
              officers on active duty in the grades of major and 
              lieutenant colonel to meet force structure requirements.
Sec. 513. Clarification of authority to consider for a vacancy 
              promotion National Guard officers ordered to active duty 
              in support of a contingency operation.
Sec. 514. Increase in mandatory retirement age for certain Reserve 
              officers.
Sec. 515. Age limit for retention of certain Reserve officers on 
              active-status list as exception to removal for years of 
              commissioned service.
Sec. 516. Authority to retain Reserve chaplains and officers in medical 
              and related specialties until age 68.
Sec. 517. Study and report regarding personnel movements in Marine 
              Corps Individual Ready Reserve.

         Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Joint duty requirements for promotion to general or flag 
              officer.
Sec. 522. Technical, conforming, and clerical changes to joint 
              specialty terminology.
Sec. 523. Promotion policy objectives for Joint Qualified Officers.
Sec. 524. Length of joint duty assignments.
Sec. 525. Designation of general and flag officer positions on Joint 
              Staff as positions to be held only by reserve component 
              officers.
Sec. 526. Treatment of certain service as joint duty experience.

                Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

                      Subtitle F--Military Justice

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

        Subtitle G--Decorations, Awards, and Honorary Promotions

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

                         Subtitle H--Impact Aid

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

                     Subtitle I--Military Families

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

                       Subtitle J--Other Matters

Sec. 591. Inclusion of Reserves in providing Federal aid for State 
              governments, enforcing Federal authority, and responding 
              to major public emergencies.
Sec. 592. Interest payments on certain claims arising from correction 
              of military records.
Sec. 593. Extension of limitation on reductions of personnel of 
              agencies responsible for review and correction of 
              military records.
Sec. 594. Authority to order Reserve units to active duty to provide 
              assistance in response to a major disaster or emergency.
Sec. 595. Senior Military Leadership Diversity Commission.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.
Sec. 602. Permanent prohibition on charges for meals received at 
              military treatment facilities by members receiving 
              continuous care.
Sec. 603. Equitable treatment of senior enlisted members in computation 
              of basic allowance for housing.
Sec. 604. Increase in maximum authorized payment or reimbursement 
              amount for temporary lodging expenses.
Sec. 605. Availability of portion of a second family separation 
              allowance for married couples with dependents.
Sec. 606. Stabilization of pay and allowances for senior enlisted 
              members and warrant officers appointed as officers and 
              officers reappointed in a lower grade.
Sec. 607. Extension of authority for income replacement payments for 
              reserve component members experiencing extended and 
              frequent mobilization for active duty service.
Sec. 608. Guaranteed pay increase for members of the Armed Forces of 
              one-half of one percentage point higher than Employment 
              Cost Index.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for 
              Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for 
              health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear 
              officers.

[[Page 10721]]

Sec. 614. Extension of authorities relating to payment of other title 
              37 bonuses and special pays.
Sec. 615. Extension of authorities relating to payment of referral 
              bonuses.
Sec. 616. Increase in maximum bonus and stipend amounts authorized 
              under Nurse Officer Candidate Accession Program.
Sec. 617. Maximum length of nuclear officer incentive pay agreements 
              for service.
Sec. 618. Technical changes regarding consolidation of special pay, 
              incentive pay, and bonus authorities of the uniformed 
              services.
Sec. 619. Use of new skill incentive pay and proficiency bonus 
              authorities to encourage training in critical foreign 
              languages and foreign cultural studies.
Sec. 620. Temporary targeted bonus authority to increase direct 
              accessions of officers in certain health professions.

            Subtitle C--Travel and Transportation Allowances

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

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Equity in computation of disability retired pay for reserve 
              component members wounded in action.
Sec. 642. Effect of termination of subsequent marriage on payment of 
              Survivor Benefit Plan annuity to surviving spouse or 
              former spouse who previously transferred annuity to 
              dependent children.
Sec. 643. Extension to survivors of certain members who die on active 
              duty of special survivor indemnity allowance for persons 
              affected by required Survivor Benefit Plan annuity offset 
              for dependency and indemnity compensation.
Sec. 644. Election to receive retired pay for non-regular service upon 
              retirement for service in an active reserve status 
              performed after attaining eligibility for regular 
              retirement.
Sec. 645. Recomputation of retired pay and adjustment of retired grade 
              of Reserve retirees to reflect service after retirement.
Sec. 646. Correction of unintended reduction in survivor benefit plan 
              annuities due to phased elimination of two-tier annuity 
              computation and supplemental annuity.
Sec. 647. Presumption of death for participants in Survivor Benefit 
              Plan in missing status.

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

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

                       Subtitle F--Other Matters

Sec. 661. Bonus to encourage Army personnel and other persons to refer 
              persons for enlistment in the Army.
Sec. 662. Continuation of entitlement to bonuses and similar benefits 
              for members of the uniformed services who die, are 
              separated or retired for disability, or meet other 
              criteria.
Sec. 663. Providing injured members of the Armed Forces information 
              concerning benefits.

                   TITLE VII--HEALTH CARE PROVISIONS

              Subtitle A--Improvements to Health Benefits

Sec. 701. One-year extension of prohibition on increases in certain 
              health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail 
              pharmacy system of pharmacy benefits program.
Sec. 703. Prohibition on conversion of military medical and dental 
              positions to civilian medical and dental positions.
Sec. 704. Chiropractic health care for members on active duty.
Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums 
              based on actual cost data.
Sec. 706. Program for health care delivery at military installations 
              projected to grow.
Sec. 707. Guidelines for combined Federal medical facilities.

                      Subtitle B--Preventive Care

Sec. 711. Waiver of copayments for preventive services for certain 
              TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.
Sec. 714. Availability of allowance to assist members of the Armed 
              Forces and their dependents procure preventive health 
              care services.

                  Subtitle C--Wounded Warrior Matters

Sec. 721. Center of excellence in prevention, diagnosis, mitigation, 
              treatment, and rehabilitation of hearing loss and 
              auditory system injuries.
Sec. 722.  Clarification to center of excellence relating to military 
              eye injuries.
Sec. 723. National Casualty Care Research Center.
Sec. 724. Peer-reviewed research program on extremity war injuries.
Sec. 725. Review of policies and processes related to the delivery of 
              mail to wounded members of the Armed Forces.

                       Subtitle D--Other Matters

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

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

             Subtitle A--Acquisition Policy and Management

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

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

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

  Subtitle C--Provisions Relating to Inherently Governmental Functions

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

                Subtitle D--Defense Industrial Security

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

                       Subtitle E--Other Matters

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Revisions in functions and activities of special operations 
              command.

[[Page 10722]]

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

                      Subtitle B--Space Activities

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

             Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                       Subtitle E--Other Matters

Sec. 941. Department of Defense School of Nursing revisions.
Sec. 942. Amendments of authority for regional centers for security 
              studies.
Sec. 943. Findings and Sense of Congress regarding the Western 
              Hemisphere Institute for Security Cooperation.
Sec. 944. Restriction on obligation of funds for United States Southern 
              Command development assistance activities.
Sec. 945. Authorization of non-conventional assisted recovery 
              capabilities.
Sec. 946. Report on United States Northern Command development of 
              interagency plans and command and control relationships.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Policy relating to major combatant vessels of the strike 
              forces of the United States Navy.
Sec. 1014. National Defense Sealift Fund amendments.
Sec. 1015. Report on contributions to the domestic supply of steel and 
              other metals from scrapping of certain vessels.

                  Subtitle C--Counter-Drug Activities

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

                   Subtitle D--Boards and Commissions

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

                    Subtitle E--Studies and Reports

Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems 
              (MAFFS) in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Studies to analyze alternative models for acquisition and 
              funding of inter-connected cyberspace systems.
Sec. 1045. Report on nonstrategic nuclear weapons.
Sec. 1046. Study on national defense implications of section 1083.
Sec. 1047. Report on methods Department of Defense utilizes to ensure 
              compliance with Guam tax and licensing laws.

                 Subtitle F--Congressional Recognitions

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

                       Subtitle G--Other Matters

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

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

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Extension of authority to build the capacity of the Pakistan 
              Frontier Corps.
Sec. 1202. Military-to-military contacts and comparable activities.
Sec. 1203. Enhanced authority to pay incremental expenses for 
              participation of developing countries in combined 
              exercises.
Sec. 1204. Extension of temporary authority to use acquisition and 
              cross-servicing agreements to lend military equipment for 
              personnel protection and survivability.
Sec. 1205. One-year extension of authority for distribution to certain 
              foreign personnel of education and training materials and 
              information technology to enhance military 
              interoperability.
Sec. 1206. Modification and extension of authorities relating to 
              program to build the capacity of foreign military forces.
Sec. 1207. Extension of authority for security and stabilization 
              assistance.
Sec. 1208. Authority for support of special operations to combat 
              terrorism.
Sec. 1209. Regional Defense Combating Terrorism Fellowship Program.

          Subtitle B--Matters Relating to Iraq and Afghanistan

Sec. 1211. Limitation on availability of funds for certain purposes 
              relating to Iraq.

[[Page 10723]]

Sec. 1212. Report on status of forces agreements between the United 
              States and Iraq.
Sec. 1213. Strategy for United States-led Provincial Reconstruction 
              Teams in Iraq.
Sec. 1214. Commanders' Emergency Response Program.
Sec. 1215. Performance monitoring system for United States-led 
              Provincial Reconstruction Teams in Afghanistan.
Sec. 1216. Report on command and control structure for military forces 
              operating in Afghanistan.
Sec. 1217. Report on enhancing security and stability in the region 
              along the border of Afghanistan and Pakistan.
Sec. 1218. Study and report on Iraqi police training teams.

                       Subtitle C--Other Matters

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

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

Sec. 1421. Armed Forces Retirement Home.

          Subtitle D--Inapplicability of Executive Order 13457

Sec. 1431. Inapplicability of Executive Order 13457.

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

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

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                            TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
              2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year 
              2007 projects.
Sec. 2207. Report on impacts of surface ship homeporting alternatives.

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

        Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Repeal of commission approach for development of 
              recommendations in any future round of base closures and 
              realignments.
Sec. 2712. Modification of annual base closure and realignment 
              reporting requirements.

[[Page 10724]]

Sec. 2713. Technical corrections regarding authorized cost and scope of 
              work variations for military construction and military 
              family housing projects related to base closures and 
              realignments.

                       Subtitle C--Other Matters

Sec. 2721. Conditions on closure of Walter Reed Army Medical Hospital 
              and relocation of operations to National Naval Medical 
              Center and Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or 
              nuclear power plants.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Incorporation of principles of sustainable design in 
              documents submitted as part of proposed military 
              construction projects.
Sec. 2802. Extension of authority to use operation and maintenance 
              funds for construction projects outside the United 
              States.
Sec. 2803. Revision of maximum lease amount applicable to certain 
              domestic Army family housing leases to reflect previously 
              made annual adjustments in amount.
Sec. 2804. Use of military family housing constructed under build and 
              lease authority to house members without dependents.
Sec. 2805. Lease of military family housing to the Secretary of Defense 
              for use as residence.
Sec. 2806. Repeal of reporting requirement in connection with 
              installation vulnerability assessments.
Sec. 2807. Modification of alternative authority for acquisition and 
              improvement of military housing.
Sec. 2808. Report on capturing housing privatization best practices.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of exceptions to congressional reporting 
              requirements for certain real property transactions.
Sec. 2812. Authority to lease non-excess property of military 
              departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Permanent authority to purchase municipal services for 
              military installations in the United States.
Sec. 2815. Defense access roads.
Sec. 2816. Protecting private property rights during Department of 
              Defense land acquisitions.

           Subtitle C--Provisions Related to Guam Realignment

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

                      Subtitle D--Energy Security

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

                      Subtitle E--Land Conveyances

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

                       Subtitle F--Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to 
              Arlington National Cemetery.
Sec. 2872. Decontamination and use of former bombardment area on island 
              of Culebra.
Sec. 2873. Acceptance and use of gifts for construction of additional 
              building at National Museum of the United States Air 
              Force, Wright-Patterson Air Force Base.
Sec. 2874. Establishment of memorial to American Rangers at Fort 
              Belvoir, Virginia.
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval 
              Base, Hawaii.
Sec. 2876. Naming of health facility, Fort Rucker, Alabama.

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

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2904. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army 
              projects for which funds were not appropriated.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Utilization of international contributions to the Russian 
              plutonium disposition program.
Sec. 3112. Extension of deadline for Comptroller General report on 
              Department of Energy protective force management.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of 
              the United States for the purpose of dismantling, 
              recycling, or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the 
              Maritime Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct 
              professors at the United States Merchant Marine Academy.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

                       Subtitle B--Army Programs

Sec. 111. Separate procurement line items for Future Combat Systems 
              program.
Sec. 112. Restriction on contract awards for major elements of the 
              Future Combat Systems program.
Sec. 113. Restriction on obligation of funds for Army tactical radio 
              pending report.
Sec. 114. Restriction on obligation of procurement funds for Armed 
              Reconnaissance Helicopter program pending certification.

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

Sec. 131. Limitation on retiring C-5 aircraft.
Sec. 132. Maintenance of retired KC-135E aircraft.
Sec. 133. Repeal of multi-year contract authority for procurement of 
              tanker aircraft.

[[Page 10725]]

Sec. 134. Report on processes used for requirements development for KC-
              (X).

               Subtitle E--Joint and Multiservice Matters

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

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

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

     SEC. 102. NAVY AND MARINE CORPS.

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

     SEC. 103. AIR FORCE.

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

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

     SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

     SEC. 106. RAPID ACQUISITION FUND.

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

                       Subtitle B--Army Programs

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

       Effective for fiscal year 2010 and for each fiscal year 
     thereafter, the Secretary of Defense shall ensure that, in 
     each budget submission to the President, a separate, 
     dedicated procurement line item is designated for each of the 
     following elements of the Future Combat Systems (FCS) 
     program, to the extent the budget submission includes funding 
     for such elements:
       (1) FCS Manned Ground Vehicles.
       (2) FCS Unmanned Ground Vehicles.
       (3) FCS Unmanned Aerial Systems.
       (4) FCS Unattended Ground Systems.
       (5) Other FCS elements.

     SEC. 112. RESTRICTION ON CONTRACT AWARDS FOR MAJOR ELEMENTS 
                   OF THE FUTURE COMBAT SYSTEMS PROGRAM.

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

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

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

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

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

                       Subtitle C--Navy Programs

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

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

     SEC. 122. APPLICABILITY OF PREVIOUS TEAMING AGREEMENTS FOR 
                   VIRGINIA-CLASS SUBMARINE PROGRAM.

       Section 121 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181) is amended in 
     subsection (b)--
       (1) in paragraph (1) by striking ``and'' at the end;
       (2) in paragraph (2) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) the Secretary submits to the congressional defense 
     committees a certification that the contract will be awarded 
     to either the General Dynamics Electric Boat Division or the 
     Northrop Grumman Newport News Shipbuilding Division, with the 
     other contractor as the primary subcontractor to the 
     contract, in accordance with the Team Agreement between the 
     two companies, dated February 16, 1997, which was submitted 
     to the Congress on March 31, 1997.''.

     SEC. 123. LITTORAL COMBAT SHIP (LCS) PROGRAM.

       Section 124 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3157), as 
     amended by section 125 of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 29), 
     is amended in subsection (d) by adding at the end the 
     following:
       ``(3) The amounts of increases or decreases in costs 
     attributable to economic inflation after September 30, 2007. 
     However, in the case of a

[[Page 10726]]

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

     SEC. 124. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING 
                   MULTIYEAR TO ANNUAL.

       (a) In General.--Not later than March 1, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on F/A-18 procurement. The report 
     shall include the following:
       (1) The number of F/A-18E/F and EA-18G aircraft programmed 
     for procurement for fiscal years 2010 through 2015.
       (2) The estimated procurement costs for those aircraft, if 
     procured through annual procurement contracts.
       (3) The estimated procurement costs for those aircraft, if 
     procured through a multiyear procurement contract.
       (4) The estimated savings that could be derived from the 
     procurement of those aircraft through a multiyear procurement 
     contract, and whether the Secretary considers the amount of 
     those savings to be substantial.
       (5) A discussion comparing the costs and benefits of 
     obtaining those aircraft through annual procurement contracts 
     with the costs and benefits of obtaining those aircraft 
     through a multiyear procurement contract.
       (6) The recommendations of the Secretary as to whether 
     Congress should authorize a multiyear procurement contract 
     for those aircraft.
       (b) Certifications Required.--Should the Secretary 
     recommend under subsection (a)(6) that Congress authorize a 
     multiyear procurement contract for the aircraft, the 
     Secretary shall accompany the recommendation with the 
     certifications required by section 2306b of title 10, United 
     States Code, so as to enable to award of a multiyear 
     procurement contract beginning with fiscal year 2010.
       (c) Funding.--Subject to the availability of 
     appropriations, the Secretary of the Navy may obligate up to 
     $100,000,000 of the amount authorized for procurement of F/A-
     18E/F or EA-18G aircraft for cost reduction initiatives (CRI) 
     in fiscal year 2009. Such CRI funding may be applied to 
     either single year or multiyear procurements of F/A-18 
     aircraft.

                     Subtitle D--Air Force Programs

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

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

     SEC. 132. MAINTENANCE OF RETIRED KC-135E AIRCRAFT.

       Section 135(b) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2114) is amended by striking ``each KC-135E 
     aircraft that is retired'' and inserting ``at least 46 of the 
     KC-135E aircraft retired''.

     SEC. 133. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR 
                   PROCUREMENT OF TANKER AIRCRAFT.

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

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

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

               Subtitle E--Joint and Multiservice Matters

     SEC. 141. BODY ARMOR ACQUISITION STRATEGY.

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

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

       (a) GAO Audit and Report.--The Comptroller General of the 
     United States shall audit the requirements generation process 
     of the Department of Defense for small arms procurement to 
     determine if there are statutory or regulatory barriers to 
     developing a small arms procurement requirement. Not later 
     than October 1, 2009, the Comptroller General shall submit to 
     the congressional defense committees a report on the results 
     of the audit.
       (b) Secretary of Defense Report.--Not later than 120 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a comprehensive report on the small arms industrial base. The 
     report shall include the following:
       (1) The current inventory, acquisition objective, 
     operational, and budgetary status of current small arms 
     programs, to include pistols, carbines, rifles, light, 
     medium, and heavy machine guns.
       (2) A plan for a joint acquisition strategy for small arms 
     modernization, with emphasis on a possible near term 
     competition for a new pistol and carbine.
       (3) An analysis of current small arms research and 
     development programs.
       (4) An analysis of current small arms capability gap 
     assessments that have been finalized or are being pursued.
       (c) Definition.--In this section, the term ``small arms''--
       (1) means man portable or vehicle mounted light weapons, 
     designed primarily for use by individual military personnel 
     for anti-personnel use; and

[[Page 10727]]

       (2) includes pistols, carbines, rifles, and light, medium, 
     and heavy machine guns.

     SEC. 143. REQUIREMENT FOR COMMON GROUND STATIONS AND PAYLOADS 
                   FOR MANNED AND UNMANNED AERIAL VEHICLES.

       (a) Policy Required.--The Secretary of Defense shall 
     establish a policy and an acquisition strategy for 
     intelligence, surveillance, and reconnaissance payloads and 
     ground stations for manned and unmanned aerial vehicle 
     systems, to be applicable throughout the Department of 
     Defense, to achieve integrated research, development, test, 
     and evaluation, and procurement commonality.
       (b) Objectives.--The policy and acquisition strategy 
     required by subsection (a) shall have the following 
     objectives:
       (1) Procurement of common payloads by vehicle class, 
     including--
       (A) signals intelligence;
       (B) electro optical;
       (C) synthetic aperture radar;
       (D) ground moving target indicator;
       (E) conventional explosive detection;
       (F) foliage penetrating radar;
       (G) laser designator;
       (H) chemical, biological, radiological, nuclear, explosive 
     detection; and
       (I) national airspace operations avionics or sensors, or 
     both.
       (2) Commonality of ground systems by vehicle class.
       (3) Common management of vehicle and payloads procurement.
       (4) Ground station interoperability standardization.
       (5) Open source software code.
       (6) Acquisition of technical data rights in accordance with 
     section 2320 of title 10, United States Code.
       (7) Acquisition of vehicles, payloads, and ground stations 
     through competitive procurement.
       (c) Affected Systems.--For the purposes of this section, 
     the manned and unmanned aerial vehicle classes and types of 
     manned and unmanned aerial vehicles within each class are as 
     follows:
       (1) Tier II class: Vehicles such as Silver Fox and Scan 
     Eagle.
       (2) Tactical class: Vehicles such as RQ-7.
       (3) Medium altitude class: Vehicles such as MQ-1, MQ-1C, 
     MQ-5, MQ-8, MQ-9, and Warrior Alpha.
       (4) High Altitude class: Vehicles such as RQ-4, RQ-4N, 
     Unmanned airship systems, Constant Hawk, Angel Fire, Special 
     Project Aircraft, Aerial Common Sensor, EP-3, Scathe View, 
     Compass Call, and Rivet Joint.
       (d) Consultation.--The Secretary shall develop the policy 
     and acquisition strategy required by subsection (a) in 
     consultation with the Chairman of the Joint Chiefs of Staff.
       (e) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees, the Permanent Select 
     Committee on Intelligence of the House of Representatives, 
     and the Select Committee on Intelligence of the Senate a 
     report containing--
       (1) the policy required by subsection (a); and
       (2) the acquisition strategy required by subsection (a).

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Additional determinations to be made as part of Future Combat 
              Systems milestone review.
Sec. 212. Analysis of Future Combat Systems communications network and 
              software.
Sec. 213. Future Combat Systems manned ground vehicle selected 
              acquisition reports.
Sec. 214. Separate procurement and research, development, test, and 
              evaluation line items and program elements for Sky 
              Warrior Unmanned Aerial Systems project.
Sec. 215. Restriction on obligation of funds for the Warfighter 
              Information Network--Tactical program.
Sec. 216. Limitation on source of funds for certain Joint Cargo 
              Aircraft expenditures.

                  Subtitle C--Missile Defense Programs

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

                       Subtitle D--Other Matters

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

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $10,683,695,000.
       (2) For the Navy, $19,769,738,000.
       (3) For the Air Force, $28,238,349,000.
       (4) For Defense-wide activities, $21,033,651,000, of which 
     $188,772,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

       (a) Fiscal Year 2009.--Of the amounts authorized to be 
     appropriated by section 201, $12,059,915,000 shall be 
     available for the Defense Science and Technology Program, 
     including basic research, applied research, and advanced 
     technology development projects.
       (b) Basic Research, Applied Research, and Advanced 
     Technology Development Defined.--For purposes of this 
     section, the term ``basic research, applied research, and 
     advanced technology development'' means work funded in 
     program elements for defense research and development under 
     Department of Defense budget activity 1, 2, or 3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

       (a) Report Required.--Not later than July 1, 2009, the 
     Assistant Secretary of Defense, Networks and Information 
     Integration, shall submit to the congressional defense 
     committees a report providing an assessment of the Future 
     Combat Systems communications network and software. This 
     report shall include, at a minimum, the following:
       (1) An assessment of the vulnerability of the Future Combat 
     Systems communications network and software to enemy network 
     attack, in particular the impact of the use of significant 
     amounts of commercial software in Future Combat Systems 
     software.
       (2) An assessment of the vulnerability of the Future Combat 
     Systems communications network to electronic warfare, 
     jamming, and other potential enemy interference.
       (3) An assessment of the vulnerability of the Future Combat 
     Systems communications network to adverse weather and complex 
     terrain.
       (4) An assessment of the Future Combat Systems 
     communication network's dependence on satellite 
     communications support, and an assessment of the network's 
     performance in the absence of assumed levels of satellite 
     communications support.
       (5) An assessment of the performance of the Future Combat 
     Systems communications network when operating in a degraded 
     condition due to the factors analyzed in paragraphs (1), (2), 
     (3), and (4), and how such a degraded network environment 
     would impact the performance of Future Combat Systems 
     brigades and the survivability of Future Combat Systems 
     manned ground vehicles.
       (b) Inclusion of Classified Annex.--The report required by 
     subsection (a) may include a classified annex at the 
     discretion of the Assistant Secretary, for the purpose of 
     providing the assessments required, or to provide additional 
     supporting information.

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

       (a) Report Required.--For each of the years 2009 through 
     2015, the Secretary of the Army

[[Page 10728]]

     shall, not later than February 15 of the year, submit a 
     selected acquisition report for each Future Combat Systems 
     manned ground vehicle variant.
       (b) Required Elements.--The reports required by subsection 
     (a) shall include the same information required in 
     comprehensive annual selected acquisition reports for major 
     defense acquisition as defined in section 2432(c) of title 
     10, United States Code.
       (c) Definition.--In this section, the term ``manned ground 
     vehicle variant'' includes the eight distinct variants of 
     manned ground vehicle designated on pages seven and eight of 
     the Future Combat Systems selected acquisition report of the 
     Department of Defense dated December 31, 2007, and any 
     additional manned ground vehicle variants designated in 
     Future Combat Systems acquisition reports of the Department 
     of Defense after the date of the enactment of this Act.

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

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

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

       (a) Notification Required.--The Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall notify the 
     congressional defense committees within five days after the 
     completion of all of the following actions:
       (1) Approval by the Under Secretary of a new acquisition 
     program baseline for the Warfighter Information Network-
     Tactical (WIN-T) Increment 3 program.
       (2) Completion of the independent cost estimate for the 
     WIN-T Increment 3 program by the Cost Analysis Improvement 
     Group, as required by the June 5, 2007 recertification by the 
     Under Secretary.
       (3) Completion of the technology readiness assessment of 
     the WIN-T Increment 3 program by the Director, Defense 
     Research and Engineering, as required by the June 5, 2007 
     recertification by the Under Secretary.
       (b) Restriction on Obligation of Funds Pending 
     Notification.--Of the amounts appropriated pursuant to an 
     authorization of appropriations in this Act or otherwise made 
     available for research, development, test, and evaluation, 
     Army, for fiscal year 2009 for the WIN-T Increment 3 program, 
     not more than 20 percent of those amounts may be obligated or 
     expended until 15 days after the notification required by 
     subsection (a) is received by the congressional defense 
     committees.

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

       Of the amounts appropriated pursuant to an authorization of 
     appropriations in this Act or otherwise made available for 
     fiscal year 2009 or any fiscal year thereafter for the Army, 
     the Secretary of the Army may fund the following Joint Cargo 
     Aircraft expenditures only through amounts made available for 
     procurement or for research, development, test, and 
     evaluation: support equipment, initial spares, training 
     simulators, systems engineering and management, and post-
     production modifications.

                  Subtitle C--Missile Defense Programs

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

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

     SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF 
                   MISSILE DEFENSES IN EUROPE.

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

                       Subtitle D--Other Matters

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

       (a) Responsibilities of the Director, Operational Test and 
     Evaluation, With Respect

[[Page 10729]]

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

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

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

     SEC. 233. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY 
                   GUIDELINES AND STANDARDS TO SUPPORT FULLY 
                   INTEROPERABLE ELECTRONIC PERSONAL HEALTH 
                   INFORMATION FOR THE DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 1635 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 460; 10 U.S.C. 1071 note) is amended--
       (1) in subsection (h)(1) by adding at the end the 
     following:
       ``(C) A description and analysis of the level of 
     interoperability and security of technologies for sharing 
     healthcare information among the Department of Defense, the 
     Department of Veterans Affairs, and their transaction 
     partners.
       ``(D) A description and analysis of the problems the 
     Department of Defense and the Department of Veterans Affairs 
     are having with, and the progress such agencies are making 
     toward, ensuring interoperable and secure healthcare 
     information systems and electronic healthcare records.''.
       (2) by adding at the end the following:
       ``(j) Technology-Neutral Guidelines and Standards.--
       ``(1) In general.--The Director, in consultation with 
     industry and appropriate Federal agencies, shall develop, or 
     shall adopt from industry, technology-neutral information 
     technology infrastructure guidelines and standards for use by 
     the Department of Defense and the Department of Veterans 
     Affairs to enable those agencies to effectively select and 
     utilize information technologies to meet the requirements of 
     this section, in a manner that is--
       ``(A) interoperable;
       ``(B) inclusive of ongoing Federal efforts that provide 
     technical expertise to harmonize existing standards and 
     assist in the development of interoperability specifications; 
     and
       ``(C) consistent with relevant guidance and directives for 
     the development of information technology systems with the 
     Department of Defense and the Department of Veterans Affairs.
       ``(2) Elements.--The guidelines and standards developed or 
     adopted under subsection (a) shall--
       ``(A) promote the use by commercially available and open 
     source products to incorporate those guidelines and 
     standards;
       ``(B) develop uniform testing procedures suitable for 
     determining the conformance of commercially available and 
     other Federally developed healthcare information technology 
     products with the guidelines and standards;
       ``(C) support and promote the testing of electronic 
     healthcare information technologies utilized by the 
     Department of Defense and the Department of Veterans Affairs;
       ``(D) provide protection and security profiles;
       ``(E) establish a core set of specifications in 
     transactions between Federal agencies and their transaction 
     partners; and
       ``(F) include validation criteria to enable Federal 
     agencies to select healthcare information technologies 
     appropriate to their needs.
       ``(3) Report.--Not later than March 31, 2009, the Director 
     shall submit to the Secretary of Defense and the Secretary of 
     Veterans Affairs, and to the appropriate congressional 
     committees, a report identifying the guidelines and standards 
     developed or adopted under this subsection. The report shall 
     include--
       ``(A) a description of how the Office is working with the 
     Business Transformation Agency to integrate these standards 
     into the Enterprise Transition Plan for the Department of 
     Defense; and
       ``(B) a synchronization roadmap showing the timeline for 
     the deployment of applicable existing and planned healthcare 
     information technology systems and how they will implement 
     these standards.''.
       (b) Compliance With Requirements.--The amendments made by 
     subsection (a) shall not impede the Secretary of Defense, the 
     Secretary of Veterans Affairs, and the interagency program 
     office from ensuring that the requirements of subsection (d) 
     of section 1635 of that Act, including the date specified in 
     that subsection, are met.

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

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

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

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

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

     SEC. 235. TRUSTED DEFENSE SYSTEMS.

       (a) Assessment Required.--The Secretary of Defense shall 
     conduct a comprehensive assessment of covered acquisition 
     programs to identify

[[Page 10730]]

     vulnerabilities in the supply chain of each program's 
     information processing systems that potentially compromise 
     the level of trust in such systems. Such assessment shall 
     also--
       (1) assess vulnerabilities at multiple levels of the 
     information processing system, including but not limited to, 
     microcircuits, software, and firmware;
       (2) prioritize the potential vulnerabilities and impacts of 
     the various elements and stages of the system supply chain to 
     identify the most effective balance of investments to 
     minimize the effects of compromise;
       (3) provide recommendations regarding ways to improve trust 
     in the supply chain for covered acquisition programs; and
       (4) identify the appropriate lead, and supporting elements, 
     within the Department of Defense for the development of an 
     integrated strategy for ensuring trust in the supply chain 
     for acquisition programs.
       (b) Strategy Required.--The lead identified pursuant to 
     subsection (a)(4), in cooperation with the supporting 
     elements also identified by the Secretary of Defense, shall 
     develop an integrated strategy for ensuring trust in the 
     supply chain for acquisition programs. Such strategy shall--
       (1) address the vulnerabilities identified by the 
     Secretary's assessment under subsection (a);
       (2) reflect the priorities identified by such assessment;
       (3) be executable by the defense acquisition community; and
       (4) be sufficiently specific to provide guidance for the 
     planning, programming, budgeting, and execution process in 
     order to ensure acquisition programs have the necessary 
     resources to implement all appropriate elements of the 
     strategy.
       (c) Interim Policy for Application Specific Integrated 
     Circuits.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall issue a 
     policy requiring covered trusted systems to employ only 
     trusted foundry services to fabricate their custom designed 
     integrated circuits.
       (d) Submission to Congress.--Not later than 12 months after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense 
     committees--
       (1) the assessment required by subsection (a); and
       (2) the strategy required by subsection (b).
       (e) Definitions.--In this section:
       (1) The term ``covered acquisition programs'' means a 
     Department of Defense acquisition program that is a major 
     system for purposes of section 2302(5) of title 10, United 
     States Code, and--
       (A) has not yet entered low-rate initial production, as 
     defined in section 2400 of title 10, United States Code; or
       (B) is currently in production or no longer in production, 
     and information processing system upgrades are still planned 
     over the life cycle of the system.
       (2) The terms ``trust'' and ``trusted'' refer to the high 
     confidence by the Department of Defense in the national 
     ability to secure national security systems by assessing the 
     integrity of the people and processes used to design, 
     generate, manufacture, and distribute national security 
     critical components.
       (3) The term ``covered trusted systems'' means--
       (A) all Mission Assurance Category I systems, as defined in 
     Department of Defense Directive 8500.01E and associated 
     Department of Defense Instruction 8500.2; and
       (B) any other system identified by the Secretary of Defense 
     as a system--
       (i) that is vital to mission effectiveness or operational 
     readiness of deployed or contingency forces;
       (ii) the loss or degradation of which results in immediate 
     and sustained loss of mission effectiveness;
       (iii) that is highly accurate and highly available; and
       (iv) for which the most stringent protection measures are 
     required.
       (4) The term ``trusted foundry services'' means the program 
     co-funded by the National Security Agency and the Department 
     of Defense, through program element 0605140D8Z, or any such 
     similar program approved by the Secretary of Defense.

     SEC. 236. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/
                   TPQ-36 RADAR SYSTEM PENDING SUBMISSION OF 
                   REPORT.

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

     SEC. 237. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT 
                   APPROACH FOR FUTURE DEVELOPMENT OF VERTICAL 
                   LIFT AIRCRAFT AND ROTORCRAFT.

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

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

       (a) In General.--Notwithstanding any other provision of 
     this Act, funds for conventional prompt global strike 
     capability development are authorized by this Act only for 
     those activities expressly delineated in the expenditure plan 
     for fiscal years 2008 and 2009 that was required by section 
     243 of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note) 
     and submitted to the congressional defense committees and 
     dated March 24, 2008, or those activities otherwise expressly 
     authorized by Congress.
       (b) Report.--The Secretary of Defense shall submit to the 
     congressional defense committees, concurrently with the 
     President's budget request for fiscal year 2010, a report 
     that describes each conventional prompt global strike concept 
     that--
       (1) has been, or will be, affected by the technology 
     applications developed pursuant to conventional prompt global 
     strike activities within fiscal year 2009; and
       (2) will be considered within the context of any 
     conventional prompt global strike concept decision in fiscal 
     year 2010.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

Sec. 311. Authorization for Department of Defense participation in 
              conservation banking programs.
Sec. 312. Reimbursement of Environmental Protection Agency for certain 
              costs in connection with Moses Lake Wellfield Superfund 
              Site, Moses Lake, Washington.
Sec. 313. Expand cooperative agreement authority for management of 
              natural resources to include off-installation mitigation.

                 Subtitle C--Workplace and Depot Issues

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

                      Subtitle D--Energy Security

Sec. 331. Annual report on operational energy management and 
              implementation of operational energy strategy.
Sec. 332. Consideration of fuel logistics support requirements in 
              planning, requirements development, and acquisition 
              processes.
Sec. 333. Study on solar energy for use at forward operating locations.
Sec. 334. Study on coal-to-liquid fuels.

                          Subtitle E--Reports

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

[[Page 10731]]

Sec. 345. Comptroller General report on adequacy of funding, staffing, 
              and organization of Department of Defense Military 
              Munitions Response Program.
Sec. 346. Report on options for providing repair capabilities to 
              support ships operating near Guam.

                       Subtitle F--Other Matters

Sec. 351. Extension of Enterprise Transition Plan reporting 
              requirement.
Sec. 352. Demilitarization of loaned, given, or exchanged documents, 
              historical artifacts, and condemned or obsolete combat 
              materiel.
Sec. 353. Repeal of requirement that Secretary of Air Force provide 
              training and support to other military departments for A-
              10 aircraft.
Sec. 354. Display of annual budget requirements for Air Sovereignty 
              Alert Mission.
Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should 
              receive sufficient funding and resources.
Sec. 356. Revision of certain Air Force regulations required.
Sec. 357. Transfer of C-12 aircraft to California Department of 
              Forestry and Fire Protection.
Sec. 358. Availability of funds for Irregular Warfare Support program.
Sec. 359. Sense of Congress regarding procurement and use of munitions.
Sec. 360. Limitation on obligation of funds for Air Combat Command 
              Management Headquarters.
Sec. 361. Increase of domestic sourcing of military working dogs used 
              by the Department of Defense.

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $31,788,395,000.
       (2) For the Navy, $34,870,098,000.
       (3) For the Marine Corps, $5,680,054,000.
       (4) For the Air Force, $35,060,427,000.
       (5) For Defense-wide activities, $25,806,657,000.
       (6) For the Army Reserve, $2,659,141,000.
       (7) For the Naval Reserve, $1,311,085,000.
       (8) For the Marine Corps Reserve, $213,131,000.
       (9) For the Air Force Reserve, $3,202,892,000.
       (10) For the Army National Guard, $5,900,346,000.
       (11) For the Air National Guard, $5,929,576,000.
       (12) For the United States Court of Appeals for the Armed 
     Forces, $13,254,000.
       (13) For Environmental Restoration, Army, $447,776,000.
       (14) For Environmental Restoration, Navy, $290,819,000.
       (15) For Environmental Restoration, Air Force, 
     $496,277,000.
       (16) For Environmental Restoration, Defense-wide, 
     $13,175,000.
       (17) For Environmental Restoration, Formerly Used Defense 
     Sites, $257,796,000.
       (18) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $83,273,000.
       (19) For Cooperative Threat Reduction programs, 
     $445,135,000.
       (20) For the Overseas Contingency Operations Transfer Fund, 
     $9,101,000.

                  Subtitle B--Environmental Provisions

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

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

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

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

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

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

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

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

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

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

                 Subtitle C--Workplace and Depot Issues

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

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

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

       (a) Development and Implementation of Definition of 
     Inherently Governmental Function.--The Director of the Office 
     of Management and Budget, in consultation with appropriate 
     representatives of the Chief Acquisition Officers Council 
     under section 16A of the

[[Page 10732]]

     Office of Federal Procurement Policy Act (41 U.S.C. 414b) and 
     the Chief Human Capital Council under section 1401 of title 
     5, United States Code, shall--
       (1) review the definitions of the term ``inherently 
     governmental function'' described in subsection (b) to 
     determine whether such definitions are sufficiently focused 
     to ensure that only officers or employees of the Federal 
     Government or members of the Armed Forces perform inherently 
     governmental functions or other critical functions necessary 
     for the mission of a Federal department or agency;
       (2) develop a single consistent definition for such term 
     that would--
       (A) address any deficiencies in the existing definitions, 
     as determined pursuant to paragraph (1);
       (B) reasonably apply to all Federal departments and 
     agencies;
       (C) ensure that the head of each such department or agency 
     is able to identify each position within that department or 
     agency that exercises an inherently governmental function and 
     should only be performed by officers or employees of the 
     Federal Government or members of the Armed Forces; and
       (D) allow the head of each such department or agency to 
     identify each position within that department or agency that, 
     while the position may not exercise an inherently 
     governmental function, nevertheless should only be performed 
     by officers or employees of the Federal Government or members 
     of the Armed Forces;
       (3) in addition to the actions described under paragraphs 
     (1) and (2), provide criteria that would identify positions 
     within Federal departments and agencies that are to be 
     performed by officers or employees of the Federal Government 
     or members of the Armed Forces to ensure that the head of 
     each Federal department or agency--
       (A) develops and maintains sufficient organic expertise and 
     technical capability;
       (B) develops guidance to implement the definition of 
     inherently governmental as described in paragraph (2) in a 
     manner that is consistent with agency missions and 
     operational goals; and
       (C) develops guidance to manage internal decisions 
     regarding staffing in an integrated manner to ensure officers 
     or employees of the Federal Government or members of the 
     Armed Forces are filling critical management roles by 
     identifying--
       (i) functions, activities, or positions, or some 
     combination thereof, or
       (ii) additional mechanisms;
       (4) in undertaking the actions described in paragraphs (1) 
     and (2), take into account the final recommendations and 
     related findings concerning performance of inherently 
     governmental functions in the Final Report of the Acquisition 
     Advisory Panel established pursuant to section 1423 of the 
     Services Acquisition Reform Act of 2003 (title XIV of Public 
     Law 108-136; 41 U.S.C. 405 note) and any other relevant 
     reports or documents; and
       (5) solicit the views of the public regarding the matters 
     identified in this section.
       (b) Definitions of Inherently Governmental Function.--The 
     definitions of inherently governmental function described in 
     this subsection are the definitions of such term that are 
     contained in--
       (1) the Federal Activities Inventory Reform Act of 1998 
     (Public Law 105-270; 31 U.S.C. 501 note);
       (2) section 2383 of title 10, United States Code;
       (3) Office of Management and Budget Circular A-76;
       (4) the Federal Acquisition Regulation; and
       (5) any other relevant Federal law or regulation, as 
     determined by the Director of the Office of Management and 
     Budget in consultation with the Chief Acquisition Officers 
     Council and the Chief Human Capital Council.
       (c) Report to Congress.--Not later than one year after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget, in consultation with the Chief 
     Acquisition Officers Council and the Chief Human Capital 
     Council, shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs in the Senate, and 
     the Committee on Oversight and Government Reform of the House 
     of Representatives a report on the actions taken by the 
     Director under this section. Such report shall contain each 
     of the following:
       (1) A description of the actions taken by the Director 
     under this section to develop a single definition of 
     inherently governmental function.
       (2) Such legislative recommendations as the Director 
     determines are necessary to further the purposes of this 
     section.
       (3) A description of such steps as may be necessary--
       (A) to ensure that the single definition developed under 
     this section is consistently applied through all Federal 
     regulations, circulars, policy letters, agency guidance, and 
     other documents;
       (B) to repeal any existing Federal regulations, circular, 
     policy letters, agency guidance and other documents 
     determined to be superseded by the definition developed under 
     this section; and
       (C) to develop any necessary implementing guidance under 
     this section for agency staffing and contracting decisions, 
     along with appropriate milestones.
       (d) Regulations.--Not later than 180 days after submission 
     of the report required by subsection (c), the Director of the 
     Office of Management and Budget shall issue regulations to 
     implement actions taken under this section to develop a 
     single definition of inherently governmental function.

     SEC. 323. STUDY ON FUTURE DEPOT CAPABILITY.

       (a) Study Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     enter into a contract with an independent research entity 
     that is a not-for-profit entity or a federally-funded 
     research and development center with appropriate expertise in 
     logistics and logistics analytical capability to carry out a 
     study on the capability and efficiency of the depots of the 
     Department of Defense to provide the logistics capabilities 
     and capacity necessary for national defense.
       (b) Contents of Study.--The study carried out under 
     subsection (a) shall--
       (1) be a quantitative analysis of the post-reset Department 
     of Defense depot capability required to provide life cycle 
     sustainment of military legacy systems and new systems and 
     military equipment;
       (2) take into consideration direct input from the Secretary 
     of Defense and the logistics and acquisition leadership of 
     the military departments, including materiel support and 
     depot commanders;
       (3) take into consideration input from regular and reserve 
     components of the Armed Forces, both with respect to 
     requirements for sustainment-level maintenance and the 
     capability and capacity to perform depot-level maintenance 
     and repair;
       (4) identify and address each type of activity carried out 
     at depots, installation directorates of logistics, regional 
     sustainment-level maintenance sites, reserve component 
     maintenance capability sites, theater equipment support 
     centers, and Army field support brigade capabilities;
       (5) examine relevant guidance provided and regulations 
     prescribed by the Secretary of Defense and the Secretary of 
     each of the military departments, including with respect to 
     programming and budgeting; and
       (6) examine any relevant applicable laws, including the 
     relevant body of work performed by the Government 
     Accountability Office.
       (c) Issues To Be Addressed.--The study required under 
     subsection (a) shall address each of the following issues 
     with respect to depots and depot capabilities:
       (1) The life cycle sustainment maintenance strategies and 
     implementation plans of the Department of Defense and the 
     military departments that cover--
       (A) the role of each type of maintenance activity;
       (B) business operations;
       (C) workload projection;
       (D) outcome-based performance management objectives;
       (E) the adequacy of information technology systems, 
     including workload management systems;
       (F) the workforce, including skills required and 
     development;
       (G) budget and fiscal planning policies; and
       (H) capital investment strategies, including the 
     implementation of section 2476 of title 10, United States 
     Code.
       (2) Current and future maintenance environments, 
     including--
       (A) performance-based logistics;
       (B) supply chain management;
       (C) condition-based maintenance;
       (D) reliability-based maintenance;
       (E) consolidation and centralization, including--
       (i) regionalization;
       (ii) two-level maintenance; and
       (iii) forward-based depot capacity;
       (F) public-private partnerships;
       (G) private-sector depot capability and capacity; and
       (H) the impact of proprietary technical documentation.
       (d) Availability of Information.--The Secretary of Defense 
     and the Secretaries of each of the military departments shall 
     make available to the entity carrying out the study under 
     subsection (a) all necessary and relevant information to 
     allow the entity to conduct the study in a quantitative and 
     analytical manner.
       (e) Reports to Committees on Armed Services.--
       (1) Interim report.--The contract that the Secretary enters 
     into under subsection (a) shall provide that not later than 
     one year after the commencement of the study conducted under 
     this section, the chief executive officer of the entity that 
     carries out the study pursuant to the contract shall submit 
     to the Committees on Armed Services of the Senate and House 
     of Representatives an interim report on the study.
       (2) Final report.--Such contract shall provide that not 
     later than 22 months after the date on which the Secretary of 
     Defense enters into the contract under subsection (a), the 
     chief executive officer of the entity that carries out the 
     study pursuant to the contract shall submit to the Committees 
     on Armed Services of the Senate and House of Representatives 
     a final report on the study. The report shall include each of 
     the following:
       (A) A description of the depot maintenance environment, as 
     of the date of the conclusion of the study, and the 
     anticipated future environment, together with the 
     quantitative data used in conducting the assessment of such 
     environments under the study.
       (B) Recommendations with respect to what would be required 
     to maintain, in a post-reset environment, an efficient and 
     enduring Department of Defense depot capability necessary for 
     national defense.

[[Page 10733]]

       (C) Recommendations with respect to any changes to any 
     applicable law that would be appropriate for a post-reset 
     depot maintenance environment.
       (D) Recommendations with respect to the methodology of the 
     Department of Defense for determining core logistics 
     requirements, including an assessment of risk.
       (E) Proposed business rules that would provide incentives 
     for the Secretary of Defense and the Secretaries of the 
     military departments to keep Department of Defense depots 
     efficient and cost effective, including the workload level 
     required for efficiency.
       (F) A proposed strategy for enabling, requiring, and 
     monitoring the ability of the Department of Defense depots to 
     produce performance-driven outcomes and meet materiel 
     readiness goals with respect to availability, reliability, 
     total ownership cost, and repair cycle time.
       (G) Comments provided by the Secretary of Defense and the 
     Secretaries of the military departments on the findings and 
     recommendations of the study.
       (f) Comptroller General Review.--Not later than 90 days 
     after the date on which the report under subsection (d) is 
     submitted, the Comptroller General shall review the report 
     and submit to the Committees on Armed Services of the Senate 
     and House of Representatives an assessment of the feasibility 
     of the recommendations and whether the findings are supported 
     by the data and information examined.
       (g) Definitions.--In this section:
       (1) The term ``depot-level maintenance and repair'' has the 
     meaning given that term under section 2460 of title 10, 
     United States Code.
       (2) The term ``reset'' means actions taken to repair, 
     enhance, or replace military equipment used in support of 
     operations underway as of the date of the enactment of this 
     Act and associated sustainment.
       (3) The term ``military equipment'' includes all weapon 
     systems, weapon platforms, vehicles and munitions of the 
     Department of Defense, and the components of such items.

     SEC. 324. HIGH-PERFORMING ORGANIZATION BUSINESS PROCESS 
                   REENGINEERING.

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

     ``Sec. 129d. High-performing organizations

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

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

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

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

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

       (a) Role of National Guard Bureau.--The Secretary of the 
     Air Force shall not implement the consolidation of aircraft 
     repair facilities and personnel of the active Air Force with 
     aircraft repair facilities and personnel of the Air National 
     Guard or the consolidation of aircraft repair facilities and 
     personnel of the Air National Guard with aircraft repair 
     facilities and personnel of the active Air Force until the 
     Secretary consults with, and obtains the consent of, the 
     National Guard Bureau.
       (b) Report on Criteria.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a report stating all the 
     criteria being used by the Department of the Air Force and 
     the Rand Corporation to evaluate the feasibility of 
     consolidating Air Force maintenance functions into 
     organizations that would integrate active, Guard, and Reserve 
     components into a total-force approach. The report shall 
     include the assumptions that were provided to or developed by 
     the Rand Corporation for their study of the feasibility of 
     the consolidation proposal.
       (c) Report on Feasibility Study.--At least 90 days before 
     any consolidation actions, the Secretary of the Air Force 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a report on the findings 
     of the Rand Corporation feasibility study and the Rand 
     Corporation's recommendations, the Air Force's assessment of 
     the findings and recommendations, any plans developed for 
     implementation of the consolidation, and a delineation of all 
     infrastructure costs anticipated as a result of 
     implementation.

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

       (a) Guidance for Civilian Personnel Management 
     Consolidation.--In determining which, if any, civilian 
     personnel management functions may appropriately be 
     consolidated under one command or in a central or regional 
     location, the Secretary of the Air Force shall be guided by 
     the anticipated positive or negative impact upon the 
     productivity of the managed workforces at different commands 
     and the consequently anticipated positive or negative impact 
     upon mission accomplishment at the different commands. This 
     analysis shall be customized for each affected command, 
     taking into account such factors as the size and complexity 
     of the civilian workforce and the extent to which mission 
     accomplishment is dependent upon the productivity of the 
     civilian workforce. What functions are deemed 
     ``transactional'' or ``nontransactional'' may vary for each 
     affected command. In general, more of the civilian personnel 
     management functions for smaller, less civilian dependent 
     commands may be consolidated in a central or regional 
     location or command while fewer functions may be consolidated 
     from larger, more civilian dependent commands.
       (b) Prohibition on Consolidation of Certain Functions.--For 
     the Large Civilian Centers, the Secretary of the Air Force 
     will not consolidate in a central or regional location or 
     command at least the following functions:
       (1) Staffing positions filled through internal or external 
     recruitment processes.
       (2) Development of position classifications or job 
     descriptions.
       (3) Employee management relations, including performance 
     management programs, conduct or

[[Page 10734]]

     discipline programs and labor management programs.
       (4) Labor force planning and management, including internal 
     pay pool management and employee performance reviews.
       (5) Managing workers compensation program pursuant to 
     chapter 81 of title 5, United States Code, or relevant State 
     workers' compensation programs.
       (c) Large Civilian Center Defined.--In this section, the 
     term ``Large Civilian Center'' refers to installations or 
     commands with operational missions primarily dependent upon 
     the productivity of civilian workforces typically numbering 
     in the thousands and engaged in program management, systems 
     engineering, research or development, logistics management, 
     software management, management of existing aircraft systems, 
     and depot level maintenance. Such an installation or command 
     typically includes occupational series far in excess of those 
     assigned to other, more typical, Air Force installations or 
     commands.

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

       In an effort to ensure the Air Force is meeting the minimum 
     safety standards for staffing, equipment, and training as 
     required by Department of Defense Installation and 
     Environment Instruction 6055.6, the Secretary of the Air 
     Force shall submit to Congress, not later than 90 days after 
     the date of the enactment of this Act, a report on the effect 
     of the reduction in fire fighters on Air Force bases as a 
     result of PBD720. Such report shall include the following:
       (1) An evaluation of current fire fighting capability and 
     whether the reduction has increased the risk of harm to 
     either fire fighters or those they may serve in response to 
     an emergency.
       (2) An evaluation on whether there is adequate capability 
     within the surrounding municipal communities to support a 
     base aircraft rescue or respond to a fire involving a combat 
     aircraft, cargo aircraft or weapon system.
       (4) An evaluation of the impact on certifications of the 
     base fire departments as a result of the reductions in fire 
     fighting personnel and or functions at the base.
       (5) A plan to restore personnel needed to support the 
     mission should it be determined that personnel reductions 
     resulting from PBD720 have negatively impacted the ability to 
     perform their mission.

                      Subtitle D--Energy Security

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

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

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

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

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

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

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

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

       (a) Study Required.--The Secretary of Defense shall provide 
     for a study to examine the feasibility of using solar energy 
     to provide electricity at forward operating locations.
       (b) Matters Examined.--The study shall examine, at a 
     minimum, the following:
       (1) The potential for solar energy to reduce the fuel 
     supply needed to provide electricity at forward operating 
     locations and the extent to which such reduction will 
     decrease the risk of casualties by reducing the number of 
     convoys needed to supply fuel to forward operating locations.
       (2) The cost of using solar energy to provide electricity.
       (3) The potential savings of using solar energy to provide 
     electricity compared to current methods.
       (4) The environmental benefits of using solar energy to 
     provide electricity instead of the current methods.
       (5) The sustainability and operating requirements of solar 
     energy systems for providing electricity compared to current 
     methods.
       (c) Report.--Not later than March 1, 2009, the Secretary 
     shall submit to the congressional defense committees a report 
     on the results of the study required by subsection (a).

     SEC. 334. STUDY ON COAL-TO-LIQUID FUELS.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study on alternatives to reduce the life cycle emissions of 
     coal-to-liquid fuels and potential uses of coal-to-liquid 
     fuels to meet the Department's mobility energy requirements.
       (b) Matters Examines.--The study shall examine, at a 
     minimum, the following:
       (1) The potential clean energy alternatives for powering 
     the conversion processes, including nuclear, solar, and wind 
     energies.
       (2) The alternatives for reducing carbon emissions during 
     the conversion processes.
       (3) The military utility of coal-to-liquid fuels for 
     military operations and for use by expeditionary forces 
     compared with the military utility and life cycle emissions 
     of mobile, in-theater synthetic fuel processes.
       (c) Use of Federally Funded Research and Development 
     Center.--The Secretary of Defense shall select a federally 
     funded research and development center to perform the study 
     required by subsection (a).
       (d) Report.--Not later than March 1, 2009, the federally 
     funded research and development

[[Page 10735]]

     center shall submit to the congressional defense committees 
     and the Secretary of Defense a report on the results of the 
     study required by subsection (a).

                          Subtitle E--Reports

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

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

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

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

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

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

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

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

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

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

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

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

                       Subtitle F--Other Matters

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

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

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

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

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

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

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

       (a) Submission With Annual Budget Justification 
     Documents.--For fiscal year 2010 and each subsequent fiscal 
     year, the Secretary of Defense shall submit to the President, 
     for consideration by the President for inclusion with the 
     budget materials submitted to Congress under section 1105(a) 
     of title 31, United States Code, a consolidated budget 
     justification display

[[Page 10736]]

     that covers all programs and activities of the Air 
     Sovereignty Alert mission of the Air Force.
       (b) Requirements for Budget Display.--The budget display 
     under subsection (a) for a fiscal year shall include for such 
     fiscal year the following:
       (1) The funding requirements for the Air Sovereignty Alert 
     mission, and the associated Command and Control mission, 
     including such requirements for--
       (A) pay and allowances;
       (B) support costs;
       (C) Medicare eligible retiree health fund contributions
       (D) flying hours; and
       (E) any other associated mission costs.
       (2) The amount in the budget for the Air Force for each of 
     the items referred to in paragraph (1).
       (3) The amount in the budget for the Air National Guard for 
     each such item.

     SEC. 355. SENSE OF CONGRESS THAT AIR SOVEREIGNTY ALERT 
                   MISSION SHOULD RECEIVE SUFFICIENT FUNDING AND 
                   RESOURCES.

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

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

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

     SEC. 357. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT 
                   OF FORESTRY AND FIRE PROTECTION.

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

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

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

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

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

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

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

     SEC. 361. INCREASE OF DOMESTIC SOURCING OF MILITARY WORKING 
                   DOGS USED BY THE DEPARTMENT OF DEFENSE.

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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, 326,323.
       ``(3) For the Marine Corps, 194,000.
       ``(4) For the Air Force, 317,050.''.

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

       (a) In General.--The Armed Forces are authorized strengths 
     for Selected Reserve personnel of the reserve components as 
     of September 30, 2009, as follows:
       (1) The Army National Guard of the United States, 352,600.
       (2) The Army Reserve, 205,000.
       (3) The Navy Reserve, 66,700.
       (4) The Marine Corps Reserve, 39,600.
       (5) The Air National Guard of the United States, 106,700.
       (6) The Air Force Reserve, 67,400.
       (7) The Coast Guard Reserve, 10,000.
       (b) End Strength Reductions.--The end strengths prescribed 
     by subsection (a) for the Selected Reserve of any reserve 
     component shall be proportionately reduced by--
       (1) the total authorized strength of units organized to 
     serve as units of the Selected Reserve of such component 
     which are on active duty (other than for training) at the end 
     of the fiscal year; and

[[Page 10737]]

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

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

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 2009, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 32,060.
       (2) The Army Reserve, 17,070.
       (3) The Navy Reserve, 11,099.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 14,337.
       (6) The Air Force Reserve, 2,733.

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

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

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

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

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

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

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

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

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

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

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

              Subtitle C--Authorization of Appropriations

     SEC. 421. MILITARY PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     2009 a total of $124,659,768,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2009.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Mandatory separation requirements for regular warrant 
              officers for length of service.
Sec. 502. Requirements for issuance of posthumous commissions and 
              warrants.
Sec. 503. Extension of authority to reduce minimum length of active 
              service required for voluntary retirement as an officer.
Sec. 504. Increase in authorized number of general officers on active 
              duty in the Marine Corps.

                Subtitle B--Reserve Component Management

Sec. 511. Extension to all military departments of authority to defer 
              mandatory separation of military technicians (dual 
              status).
Sec. 512. Increase in authorized strengths for Marine Corps Reserve 
              officers on active duty in the grades of major and 
              lieutenant colonel to meet force structure requirements.
Sec. 513. Clarification of authority to consider for a vacancy 
              promotion National Guard officers ordered to active duty 
              in support of a contingency operation.
Sec. 514. Increase in mandatory retirement age for certain Reserve 
              officers.
Sec. 515. Age limit for retention of certain Reserve officers on 
              active-status list as exception to removal for years of 
              commissioned service.
Sec. 516. Authority to retain Reserve chaplains and officers in medical 
              and related specialties until age 68.
Sec. 517. Study and report regarding personnel movements in Marine 
              Corps Individual Ready Reserve.

         Subtitle C--Joint Qualified Officers and Requirements

Sec. 521. Joint duty requirements for promotion to general or flag 
              officer.
Sec. 522. Technical, conforming, and clerical changes to joint 
              specialty terminology.
Sec. 523. Promotion policy objectives for Joint Qualified Officers.
Sec. 524. Length of joint duty assignments.
Sec. 525. Designation of general and flag officer positions on Joint 
              Staff as positions to be held only by reserve component 
              officers.
Sec. 526. Treatment of certain service as joint duty experience.

                Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

                      Subtitle F--Military Justice

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

[[Page 10738]]

        Subtitle G--Decorations, Awards, and Honorary Promotions

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

                         Subtitle H--Impact Aid

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

                     Subtitle I--Military Families

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

                       Subtitle J--Other Matters

Sec. 591. Inclusion of Reserves in providing Federal aid for State 
              governments, enforcing Federal authority, and responding 
              to major public emergencies.
Sec. 592. Interest payments on certain claims arising from correction 
              of military records.
Sec. 593. Extension of limitation on reductions of personnel of 
              agencies responsible for review and correction of 
              military records.
Sec. 594. Authority to order Reserve units to active duty to provide 
              assistance in response to a major disaster or emergency.
Sec. 595. Senior Military Leadership Diversity Commission.

             Subtitle A--Officer Personnel Policy Generally

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

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

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

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

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

       (a) Army.--Section 3911(b)(2) of title 10, United States 
     Code, is amended by inserting after ``December 31, 2008,'' 
     the following: ``and again during the one-year period 
     beginning on October 1, 2013,''.
       (b) Navy and Marine Corps.--Section 6323(a)(2)(B) of such 
     title is amended by inserting after ``December 31, 2008,'' 
     the following: ``and again during the one-year period 
     beginning on October 1, 2013,''.
       (c) Air Force.--Section 8911(b)(2) of such title is amended 
     by inserting after ``December 31, 2008,'' the following: 
     ``and again during the one-year period beginning on October 
     1, 2013,''.

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

       (a) Increase.--Section 526(a)(4) of title 10, United States 
     Code, is amended by striking ``80'' and inserting ``81''.
       (b) Conforming Amendments Regarding Distribution of Marine 
     General Officers.--Section 525 of such title is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``that armed force'' and inserting ``the Army or Air Force, 
     or more than 51 percent of the general officers of the Marine 
     Corps,''; and
       (2) in subsection (b)(2)(B), by striking ``17.5 percent'' 
     and inserting ``19 percent''.

                Subtitle B--Reserve Component Management

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

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

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

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

----------------------------------------------------------------------------------------------------------------
   ``Marine Corps Reserve:                 Major                  Lieutenant Colonel              Colonel
----------------------------------------------------------------------------------------------------------------
        1,100 .........                             99                            63                     20
        1,200 .........                            103                            67                     21
        1,300 .........                            107                            70                     22
        1,400 .........                            111                            73                     23
        1,500 .........                            114                            76                     24
        1,600 .........                            117                            79                     25
        1,700 .........                            120                            82                     26
        1,800 .........                            123                            85                     27
        1,900 .........                            126                            88                     28
        2,000 .........                            129                            91                     29
        2,100 .........                            132                            94                     30
        2,200 .........                            134                            97                     31
        2,300 .........                            136                            99                     32
        2,400 .........                            138                           101                     33
        2,500 .........                            140                           103                     34
        2,600 .........                            142                           105                  35''.
----------------------------------------------------------------------------------------------------------------

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

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

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

       (a) Selective Service and Property and Fiscal Officers.--
     Section 12647 of title 10,

[[Page 10739]]

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

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

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

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

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

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

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

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

     SEC. 517. STUDY AND REPORT REGARDING PERSONNEL MOVEMENTS IN 
                   MARINE CORPS INDIVIDUAL READY RESERVE.

       The Secretary of the Navy shall conduct a study to analyze 
     the policies and procedures used by the Marine Corps Reserve 
     during fiscal years 2001 through 2008 for the movement of 
     personnel in and out of the Individual Ready Reserve. Not 
     later than 90 days after the date of the enactment of this 
     Act, the Secretary shall submit to the congressional defense 
     committees a report containing the results of the study.

         Subtitle C--Joint Qualified Officers and Requirements

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

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

     ``Sec. 619a. Eligibility for consideration for promotion: 
       designation as Joint Qualified Officer required before 
       promotion to general or flag grade; exceptions''.

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

``619a. Eligibility for consideration for promotion: designation as 
              Joint Qualified Officer required before promotion to 
              general or flag grade; exceptions.''.

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

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

     ``Sec. 661. Management policies for Joint Qualified 
       Officers''.

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

``661. Management policies for Joint Qualified Officers.''.
       (b) Joint Duty Assignments After Completion of Joint 
     Professional Military Education.--Section 663 of title 10, 
     United States Code, is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Joint 
     Specialty'' and inserting ``Joint Qualified''; and
       (B) by striking ``with the joint specialty'' and inserting 
     ``designated as a Joint Qualified Officer''; and
       (2) in subsection (b)(1), by striking ``do not have the 
     joint specialty'' and inserting ``are not designated as a 
     Joint Qualified Officer''.
       (c) Procedures for Monitoring Careers of Joint Qualified 
     Officers.--
       (1) In general.--Section 665 of such title is amended--
       (A) in subsection (a)(1)(A), by striking ``with the joint 
     specialty'' and inserting ``designated as a Joint Qualified 
     Officer''; and
       (B) in subsection (b)(1), by striking ``with the joint 
     specialty'' and inserting ``designated as a Joint Qualified 
     Officer''.
       (2) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 665. Procedures for monitoring careers of Joint 
       Qualified Officers''.

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

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

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

       Section 662 of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``that--'' and all that 
     follows through ``served in joint duty assignments'' and 
     inserting ``that officers in the grade of major (or in the 
     case of the Navy, lieutenant commander) or above who are 
     designated as a Joint Qualified Officer''; and

[[Page 10740]]

       (2) in subsection (b), by striking ``officers who are 
     serving in, or have served in, joint duty assignments, 
     especially with respect to the record of officer selection 
     boards in meeting the objectives of paragraphs (1) and (2) of 
     subsection (a).'' and inserting ``officers in the grades of 
     major (or in the case of the Navy, lieutenant commander) 
     through colonel (or in the case of the Navy, captain) who are 
     designated as a Joint Qualified Officer, especially with 
     respect to the record of officer selection boards in meeting 
     the objective of subsection (a).''.

     SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

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

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

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

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

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

     SEC. 526. TREATMENT OF CERTAIN SERVICE AS JOINT DUTY 
                   EXPERIENCE.

       (a) Vice Chiefs, Army and Air National Guard.--Section 
     10506(a)(3) of title 10, United States Code is amended--
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively; and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) Service of an officer as adjutant general shall be 
     treated as joint duty experience for purposes of assignment 
     or promotion to any position designated by law as open to a 
     National Guard general officer.''.
       (b) Adjutants General and Similar Officers.--The service of 
     an officer of the Armed Forces as adjutant general, or as an 
     officer (other than adjutant general) of the National Guard 
     of a State who performs the duties of adjutant general under 
     the laws of such State, shall be treated as joint duty or 
     joint duty experience for purposes of any provisions of law 
     required such duty or experience as a condition of assignment 
     or promotion.
       (c) Report on Duty in Joint Force Headquarters to Qualify 
     as Joint Duty Experience.--Not later than April 1, 2009, the 
     Chief of the National Guard Bureau shall, in consultation 
     with the adjutants general of the National Guard, submit to 
     the Chairman of the Joint Chiefs of Staff and to Congress a 
     report setting forth the recommendations of the Chief of the 
     National Guard Bureau as to which duty of officers of the 
     National Guard in the Joint Force Headquarters of the 
     National Guard of the States should qualify as joint duty or 
     joint duty experience for purposes of the provisions of law 
     requiring such duty or experience as a condition of 
     assignment or promotion.
       (d) Reports on Joint Education Courses.--Not later than 
     April 1 of each of 2009, 2010, and 2011, the Chairman of the 
     Joint Chiefs of Staff shall submit to Congress a report 
     setting forth information on the joint education courses 
     available through the Department of Defense for purposes of 
     the pursuit of joint careers by officers in the Armed Forces. 
     Each report shall include, for the preceding year, the 
     following:
       (1) A list and description of the joint education courses 
     so available during such year.
       (2) A list and description of the joint education courses 
     listed under paragraph (1) that are available to and may be 
     completed by officers of the reserve components of the Armed 
     Forces in other than an in-resident duty status under title 
     10 or 32, United States Code.
       (3) For each course listed under paragraph (1), the number 
     of officers from each Armed Force who pursued such course 
     during such year, including the number of officers of the 
     Army National Guard, and of the Air National Guard, who 
     pursued such course.
       (e) Memorandum of Understanding Regarding the United States 
     Northern Command and Other Combatant Commands.--
       (1) Memorandum required.--Not later than 180 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Northern Command, the Commander of the United 
     States Pacific Command, and the Chief of the National Guard 
     Bureau shall, with the approval of the Secretary of Defense, 
     jointly enter into a memorandum of understanding setting 
     forth the operational relationships, and individual roles and 
     responsibilities, during responses to domestic emergencies 
     among the United States Northern Command, the United States 
     Pacific Command, and the National Guard Bureau.
       (2) Modification.--The Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau may from 
     time to time modify the memorandum of understanding under 
     this subsection to address changes in circumstances and for 
     such other purposes as the Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau jointly 
     consider appropriate. Each such modification shall be subject 
     to the approval of the Secretary of Defense.
       (f) Report on Defense of the Homeland.--
       (1) Review.--The Secretary of Defense, in consultation with 
     the Chief of the National Guard Bureau, shall conduct a 
     review of the role of the Department of Defense in the 
     defense of the homeland. In conducting that review, the 
     Secretary shall--
       (A) assess section II of the Final Report to Congress and 
     the Secretary of Defense of the Commission on the National 
     Guard and Reserves, dated January 31, 2008, and titled 
     ``Transforming the National Guard and Reserves into a 21st-
     Century Operational Force''; and
       (B) comment on recommendation number 2 under section II of 
     the report described in subparagraph (A).
       (2) Report.--Not later than April 1, 2009, the Secretary of 
     Defense shall issue to the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives a report on the review.

                Subtitle D--General Service Authorities

     SEC. 531. INCREASE IN AUTHORIZED MAXIMUM REENLISTMENT TERM.

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

     SEC. 532. CAREER INTERMISSION PILOT PROGRAM.

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

     ``Sec. 708a. Career intermission pilot program

       ``(a) Program Authorized.--(1) The Secretary of a military 
     department may establish a pilot program under which an 
     officer or enlisted member of an armed force under the 
     jurisdiction of the Secretary--
       ``(A) is released from active duty for a period not to 
     exceed the period specified in subsection (c)(1) to meet 
     personal or professional needs of the member;
       ``(B) is transferred to the Ready Reserve of that armed 
     force during such period, as provided in subsection (d); and
       ``(C) is returned to active duty at the end of such period, 
     as provided in subsection (c)(2).
       ``(2) The pilot program shall be known as the `Career 
     Intermission Pilot Program' (in this section referred to as 
     the `program').
       ``(b) Number of Participants.--No more than 20 officers and 
     20 enlisted members of each

[[Page 10741]]

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

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

                   Subtitle E--Education and Training

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

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

     SEC. 542. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE 
                   ACTIVITIES AT MILITARY SERVICE ACADEMIES.

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

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

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

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

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

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

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

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

       ``(a) Attendance Authorized.--The Secretary of the Air 
     Force may authorize the Air Force Academy to permit students, 
     officers, and other representatives of a foreign country to 
     attend the Air Force Academy for periods of not more than two 
     weeks if the Secretary determines that the attendance of such 
     persons contributes significantly to the development of 
     foreign language, cross cultural interactions and 
     understanding, and cultural immersion of cadets.

[[Page 10742]]

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

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

     SEC. 543. COMPENSATION FOR CIVILIAN PRESIDENT OF NAVAL 
                   POSTGRADUATE SCHOOL.

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

     SEC. 544. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY 
                   EMPLOYEES IN DEFENSE PRODUCT DEVELOPMENT 
                   PROGRAM.

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

     SEC. 545. REQUIREMENT OF COMPLETION OF SERVICE UNDER 
                   HONORABLE CONDITIONS FOR PURPOSES OF 
                   ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR 
                   RESERVE COMPONENTS MEMBERS SUPPORTING 
                   CONTINGENCY OPERATIONS.

       (a) Requirement of Honorable Service.--Section 16164(a)(2) 
     of title 10, United States Code, is amended by striking 
     ``other than dishonorable conditions'' and inserting 
     ``honorable conditions''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and apply to persons described in section 16163 of title 10, 
     United States Code, who separate on or after that date from a 
     reserve component.

     SEC. 546. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR 
                   HEALTH PROFESSIONALS IN REGULAR COMPONENTS AND 
                   SELECTED RESERVE.

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

     SEC. 547. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE 
                   OFFICERS' TRAINING CORPS.

       (a) Plan for Increase.--The Secretary of Defense, in 
     consultation with the Secretaries of the military 
     departments, shall develop and implement a plan to establish 
     and support 4,000 Junior Reserve Officers' Training Corps 
     units not later than fiscal year 2020.
       (b) Exceptions.--The requirement imposed in subsection (a) 
     shall not apply--
       (1) if the Secretary fails to receive an adequate number or 
     requests for Junior Reserve Officers' Training Corps units by 
     public and private secondary educational institutions; or
       (2) during a time of national emergency when the 
     Secretaries of the military departments determine that 
     funding must be allocated elsewhere.
       (c) Cooperation.--The Secretary of Defense, as part of the 
     plan to establish and support additional Junior Reserve 
     Officers' Training Corps units, shall work with local 
     educational agencies to increase the employment in Junior 
     Reserve Officers' Training Corps units of retired members of 
     the Armed Forces who are retired under chapter 61 of title 
     10, United States Code, especially members who were wounded 
     or injured while deployed in a contingency operation.
       (d) Report on Plan.--Upon completion of the plan, the 
     Secretary of Defense shall provide a report to the 
     congressional defense committees containing, at a minimum, 
     the following:
       (1) A description of how the Secretaries of the military 
     departments expect to achieve the number of units of the 
     Junior Reserve Officers' Training Corps specified in 
     subsection (a), including how many units will be established 
     per year by each service.
       (2) The annual funding necessary to support the increase in 
     units, including the personnel costs associated.
       (3) The number of qualified private and public schools, if 
     any, who have requested a Junior Reserve Officers' Training 
     Corps unit that are on a waiting list.
       (4) Efforts to improve the increased distribution of units 
     geographically across the United States.
       (5) Efforts to increase distribution of units in 
     educationally and economically deprived areas.
       (6) Efforts to enhance employment opportunities for 
     qualified former military members retired for disability, 
     especially those wounded while deployed in a contingency 
     operation.
       (e) Time for Submission.--The plan required under 
     subsection (a), along with the report required by subsection 
     (d), shall be submitted to the congressional defense 
     committees not later than March 31, 2009. The Secretary of 
     Defense shall submit an up-dated report annually thereafter 
     until the number of units of the Junior Reserve Officers' 
     Training Corps specified in subsection (a) is achieved.
       (f) Additional Curriculum Element.--The Secretary of each 
     military department shall develop and implement a segment of 
     the Junior Reserve Officers' Training Corps curriculum that 
     includes the contribution and defense historiography of 
     gender and ethnic specific groups.

                      Subtitle F--Military Justice

     SEC. 551. GRADE OF STAFF JUDGE ADVOCATE TO THE COMMANDANT OF 
                   THE MARINE CORPS.

       Section 5046(a) of title 10, United States Code, is amended 
     by striking the last sentence and inserting the following new 
     sentence: ``The Staff Judge Advocate to the Commandant of the 
     Marine Corps, while so serving, has the grade of major 
     general.''.

     SEC. 552. STANDING MILITARY PROTECTION ORDER.

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

     ``SEC. 1567. STANDING MILITARY PROTECTIVE ORDER.

       ``The issuance of a military protective order by a military 
     commander shall be deemed a standing order until--
       ``(1) the allegation prompting the protective order is 
     resolved by investigation, courts martial, or other command 
     determined adjudication; or
       ``(2) the military commander issues a new order.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1567. Standing military protective order.''.

     SEC. 553. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY 
                   PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.

       (a) In General.--Chapter 80 of title 10, United States 
     Code, is amended by inserting after section 1567, as added by 
     section 552, the following new section:

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

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

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

     SEC. 554. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL 
                   ASSAULT INCIDENTS IN THE ARMED FORCES.

       (a) Database Required.--The Secretary of Defense shall 
     implement a centralized, case-level database for the 
     collection, in a manner consistent with Department of Defense 
     regulations for restricted reporting, and maintenance of 
     information regarding sexual assaults involving a member of 
     the Armed Forces, including information, if available, about 
     the nature of the assault, the victim, the offender, and the 
     outcome of any legal proceedings in connection with the 
     assault.
       (b) Availability of Database.--The database shall be 
     available to personnel of the Sexual Assault Prevention and 
     Response Office of the Department of Defense.
       (c) Implementation.--
       (1) Plan for implementation.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a plan to provide for the implementation of the database.

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       (2) Completion.--Not later than 15 months after the date of 
     enactment of this Act, the Secretary shall complete 
     implementation of the database.
       (d) Reports.--The database shall be used to develop and 
     implement congressional reports, as required by--
       (1) section 577(f) of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375);
       (2) section 596(c) of the National Defense Authorization 
     Act for Fiscal Year 2006 (Public Law 109-163);
       (3) section 532 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364); 
     and
       (4) sections 4361, 6980, and 9361 of title 10, United 
     States Code.
       (e) Terminology.--Section 577(b) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375) is amended by adding at the end the 
     following new paragraph:
       ``(12) The Secretary shall implement clear, consistent, and 
     streamlined sexual assault terminology for use across the 
     Department of Defense, to include a clear definition of the 
     following terms:
       ``(A) Restricted reports.
       ``(B) Unrestricted reports.
       ``(C) Substantiated reports.''.

        Subtitle G--Decorations, Awards, and Honorary Promotions

     SEC. 561. REPLACEMENT OF MILITARY DECORATIONS.

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

     ``Sec. 1135. Replacement of military decorations

       ``(a) Replacement.--In addition to other authorities 
     available to the Secretary concerned to replace a military 
     decoration, the Secretary concerned shall replace, on a one-
     time basis and without charge, a military decoration upon the 
     request of the recipient of the military decoration or the 
     immediate next of kin of a deceased recipient.
       ``(b) Exception.--Subsection (a) does not apply to the 
     medal of honor.
       ``(c) Military Decoration Defined.--In this section, the 
     term `decoration' means any decoration or award that may be 
     presented or awarded to a member of the armed forces.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

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

     SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
                   HONOR TO RICHARD L. ETCHBERGER FOR ACTS OF 
                   VALOR DURING THE VIETNAM WAR.

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

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

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

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

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

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

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

                         Subtitle H--Impact Aid

     SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
                   EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
                   MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
                   DEFENSE CIVILIAN EMPLOYEES.

       (a) Assistance to Schools With Significant Numbers of 
     Military Dependent Students.--Of the amount authorized to be 
     appropriated pursuant to section 301(5) for operation and 
     maintenance for Defense-wide activities, $50,000,000 shall be 
     available only for the purpose of providing assistance to 
     local educational agencies under subsection (a) of section 
     572 of the National Defense Authorization Act for Fiscal Year 
     2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
       (b) Assistance to Schools With Enrollment Changes Due to 
     Base Closures, Force Structure Changes, or Force 
     Relocations.--Of the amount authorized to be appropriated 
     pursuant to section 301(5) for operation and maintenance for 
     Defense-wide activities, $15,000,000 shall be available only 
     for the purpose of providing assistance to local educational 
     agencies under subsection (b) of such section 572.
       (c) Local Educational Agency Defined.--In this section, the 
     term ``local educational agency'' has the meaning given that 
     term in section 8013(9) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7713(9)).

     SEC. 572. CALCULATION OF PAYMENTS UNDER DEPARTMENT OF 
                   EDUCATION'S IMPACT AID PROGRAM.

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

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

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

                     Subtitle I--Military Families

     SEC. 581. PRESENTATION OF BURIAL FLAG.

       (a) Inclusion of Surviving Spouse; Consolidation of Flag-
     Related Authorities.--Subsection (e) of section 1482 of title 
     10, United States Code, is amended--
       (1) by designating the current text as paragraph (2) and 
     redesignating current paragraphs (1) and (2) as subparagraphs 
     (A) and (B), respectively;
       (2) by inserting before paragraph (2), as so designated, 
     the following:
       ``(e) Presentation of Flag of the United States.--(1) In 
     the case of a decedent covered by section 1481 of this title, 
     the Secretary concerned may pay the necessary expenses for 
     the presentation of a flag of the United States--
       ``(A) to the person designated under subsection (c) to 
     direct disposition of the remains;
       ``(B) to the parents or parent of the decedent, if the 
     person presented a flag under subparagraph (A) is other than 
     a parent of the decedent; and
       ``(C) to the surviving spouse (including a remarried 
     surviving spouse) of the decedent, if the person presented a 
     flag under subparagraph (A) is other than the spouse.''; and
       (3) by inserting at the end the following new paragraphs:
       ``(3) A flag to be presented to a person under subparagraph 
     (B) or (C) of paragraph (1) shall be of equal size to the 
     flag presented under subparagraph (A) of such paragraph to 
     the person designated to direct disposition of the remains of 
     the decedent.
       ``(4) This subsection does not apply to a military prisoner 
     who dies while in the custody of the Secretary concerned and 
     while under a sentence that includes a discharge.

[[Page 10744]]

       ``(5) In this subsection, the term `parent' includes a 
     natural parent, a stepparent, a parent by adoption, or a 
     person who for a period of not less than one year before the 
     death of the decedent stood in loco parentis to the decedent. 
     Preference under paragraph (1)(B) shall be given to the 
     persons who exercised a parental relationship at the time of, 
     or most nearly before, the death of the decedent.''.
       (b) Repeal of Superseded Provisions.--Subsection (a) of 
     such section is amended by striking paragraphs (10) and (11).

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

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

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

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

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

                       Subtitle J--Other Matters

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

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

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

       (a) Interest Payable on Claims.--Subsection (c) of section 
     1552 of title 10, United States Code, is amended by adding at 
     the end the following new paragraph:
       ``(4) If the correction of military records under this 
     section involves setting aside a conviction by court-martial, 
     the payment of a claim under this subsection in connection 
     with the correction of the records shall include interest at 
     not less than the rate of interest in effect under section 
     1035 of this title at the time the payment is made. The 
     interest shall be calculated on an annual basis, and 
     compounded, using the amount of the lost pay, allowances, 
     compensation, emoluments, or other pecuniary benefits 
     involved, and the amount of any fine or forfeiture paid, 
     beginning from the date of the conviction through the date on 
     which the payment is made.''.
       (b) Conforming Amendment Regarding Corrections Board 
     Authority To Overturn Convictions.--Subsection (f) of such 
     section is amended by inserting ``convened after May 4, 1950, 
     and'' after ``court-martial cases''.
       (c) Clerical Amendments.--Subsection (c) of such section is 
     further amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (2) by inserting ``(1)'' after ``(c)'';
       (3) by striking ``If the claimant'' and inserting the 
     following:
       ``(2) If the claimant''; and
       (4) by striking ``A claimant's acceptance'' and inserting 
     the following:
       ``(3) A claimant's acceptance''.
       (d) Retroactive Effectiveness of Amendments.--The amendment 
     made by subsection (a) shall apply with respect to any 
     sentence of a court-martial set aside by a Corrections Board 
     on or after October 1, 2007, when the Corrections Board 
     includes an order or recommendation for the payment of a 
     claim for the loss of pay, allowances, compensation, 
     emoluments, or other pecuniary benefits, or for the repayment 
     of a fine or forfeiture, that arose as a result of the 
     conviction. In this subsection, the term ``Corrections 
     Board'' has the meaning given that term in section 1557 of 
     title 10, United States Code.

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

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

     SEC. 594. AUTHORITY TO ORDER RESERVE UNITS TO ACTIVE DUTY TO 
                   PROVIDE ASSISTANCE IN RESPONSE TO A MAJOR 
                   DISASTER OR EMERGENCY.

       Section 12304(b) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by inserting ``(1)'' before ``The authority''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The authority under subsection (a) includes authority 
     to order any unit of the Selected Reserve of the Army 
     Reserve, Navy Reserve, Air Force Reserve, Marine Corps 
     Reserve, or Coast Guard Reserve to active duty to provide 
     assistance in responding to a major disaster or emergency (as 
     those terms are defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)).''.

     SEC. 595. SENIOR MILITARY LEADERSHIP DIVERSITY COMMISSION.

       (a) Establishment of Commission.--
       (1) In general.--There is hereby established a commission 
     to be known as the ``Senior Military Leadership Diversity 
     Commission''.
       (b) Composition.--
       (1) Membership.--The commission shall be composed of 23 
     members, as follows:
       (A) The Director of the Defense Manpower Management Center.
       (B) The Director of the Defense Equal Opportunity 
     Management Institute.
       (C) 1 senior military leader from each of the Army, Navy, 
     Air Force, and Marine Corps who serves or has served in a 
     leadership position with either a military department command 
     or combatant command shall be appointed by the Secretary of 
     Defense.
       (D) 1 retired general or flag officer from each of the 
     Army, Navy, Air Force, and Marine Corps shall be appointed by 
     the Secretary of Defense.
       (E) 1 retired senior noncommissioned officer from each of 
     the Army, Navy, Air Force, and Marine Corps shall be 
     appointed by the Secretary of Defense.
       (F) 5 retired senior officers who served in leadership 
     positions with either a military department command or 
     combatant command shall be appointed by the Secretary of 
     Defense, of which no less than 3 shall represent the views of 
     minority veterans.
       (G) 4 individuals with expertise in cultivating diverse 
     leaders in private or non-profit organizations shall be 
     appointed by the Secretary of Defense.
       (2) Chairman.--The Secretary of Defense shall designate one 
     member described in paragraphs (1)(F) or (1)(G) as chairman 
     of the commission.
       (3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the commission. Any vacancy in the 
     commission shall be filled in the same manner as the original 
     appointment.
       (4) Deadline for appointment.--All members of the 
     commission shall be appointed not later than 60 days after 
     the date of the enactment of this Act.
       (5) Quorum.--12 members of the commission shall constitute 
     a quorum but a lesser number may hold hearings.
       (c) Meetings.--
       (1) Initial meeting.--The commission shall conduct its 
     first meeting not later than 30 days after the date on which 
     a majority of the appointed members of the commission have 
     been appointed.
       (2) Meetings.--The commission shall meet at the call of the 
     chairman.
       (d) Duties.--
       (1) Study.--The commission shall study the diversity within 
     the senior leadership of the Armed Forces. The study shall be 
     a comprehensive evaluation and assessment of policies that 
     provide opportunities for the advancement of minority members 
     of the Armed Forces.
       (2) Scope of study.--In carrying out the study, the 
     commission shall examine the following:

[[Page 10745]]

       (A) Efforts to develop and maintain diverse leadership at 
     all levels of the Armed Forces.
       (B) The successes and failures of developing and 
     maintaining a diverse leadership, particularly at the general 
     and flag officer positions.
       (C) The effect of expanding Department of Defense secondary 
     educational programs to diverse civilian populations, to 
     include service academy preparatory schools.
       (D) The ability of current recruitment and retention 
     practices to attract and maintain a diverse pool of qualified 
     individuals in sufficient numbers in officer pre-
     commissioning programs.
       (E) The ability of current activities to increase 
     continuation rates for ethnic and gender specific members of 
     the Armed Forces.
       (F) The benefits of conducting an annual conference 
     attended by civilian military, active-duty and retired 
     military, and corporate leaders on diversity, to include a 
     review of current policy and the annual demographic data from 
     the Defense Equal Opportunity Management Institute.
       (G) The status of prior recommendations made to the 
     Department of Defense and to Congress concerning diversity 
     initiatives within the Armed Forces.
       (H) The incorporation of private sector practices that have 
     been successful in cultivating diverse leadership.
       (I) The establishment and maintenance of fair promotion and 
     command opportunities for ethnic and gender specific members 
     of the Armed Forces at the O-5 grade level and above.
       (J) An assessment of pre-command billet assignments of 
     ethnic-specific members of the Armed Forces.
       (K) An assessment of command selection of ethnic-specific 
     members of the Armed Forces.
       (3) Consultation with private parties.--In carrying out the 
     study under this subsection, the commission may consult with 
     appropriate private, for profit, and non-profit organizations 
     and advocacy groups to learn methods for developing, 
     implementing, and sustaining senior diverse leadership within 
     the Department of Defense.
       (e) Reports.--
       (1) In general.--Not later than 12 months after the date on 
     which the commission first meets, the commission shall submit 
     to the President and Congress a report on the study. The 
     report shall include the following:
       (A) the findings and conclusions of the commission;
       (B) the recommendations of the commission for improving 
     diversity within the Department of Defense; and
       (C) other information and recommendations the commission 
     considers appropriate.
       (2) Interim reports.--The commission may submit to the 
     President and Congress interim reports as the Commission 
     considers appropriate.
       (f) Powers of the Commission.--
       (1) Hearings.--The commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the commission considers 
     appropriate.
       (2) Information from federal agencies.--Upon request by the 
     chairman of the commission, any department or agency of the 
     Federal Government may provide information that the 
     commission considers necessary to carry out its duties.
       (h) Termination of Commission.--The commission shall 
     terminate 60 days after the date on which the commission 
     submits the report under subsection (e)(1).

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2009 increase in military basic pay.
Sec. 602. Permanent prohibition on charges for meals received at 
              military treatment facilities by members receiving 
              continuous care.
Sec. 603. Equitable treatment of senior enlisted members in computation 
              of basic allowance for housing.
Sec. 604. Increase in maximum authorized payment or reimbursement 
              amount for temporary lodging expenses.
Sec. 605. Availability of portion of a second family separation 
              allowance for married couples with dependents.
Sec. 606. Stabilization of pay and allowances for senior enlisted 
              members and warrant officers appointed as officers and 
              officers reappointed in a lower grade.
Sec. 607. Extension of authority for income replacement payments for 
              reserve component members experiencing extended and 
              frequent mobilization for active duty service.
Sec. 608. Guaranteed pay increase for members of the Armed Forces of 
              one-half of one percentage point higher than Employment 
              Cost Index.

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Equity in computation of disability retired pay for reserve 
              component members wounded in action.
Sec. 642. Effect of termination of subsequent marriage on payment of 
              Survivor Benefit Plan annuity to surviving spouse or 
              former spouse who previously transferred annuity to 
              dependent children.
Sec. 643. Extension to survivors of certain members who die on active 
              duty of special survivor indemnity allowance for persons 
              affected by required Survivor Benefit Plan annuity offset 
              for dependency and indemnity compensation.
Sec. 644. Election to receive retired pay for non-regular service upon 
              retirement for service in an active reserve status 
              performed after attaining eligibility for regular 
              retirement.
Sec. 645. Recomputation of retired pay and adjustment of retired grade 
              of Reserve retirees to reflect service after retirement.
Sec. 646. Correction of unintended reduction in survivor benefit plan 
              annuities due to phased elimination of two-tier annuity 
              computation and supplemental annuity.
Sec. 647. Presumption of death for participants in Survivor Benefit 
              Plan in missing status.

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

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

                       Subtitle F--Other Matters

Sec. 661. Bonus to encourage Army personnel and other persons to refer 
              persons for enlistment in the Army.
Sec. 662. Continuation of entitlement to bonuses and similar benefits 
              for members of the uniformed services who die, are 
              separated or retired for disability, or meet other 
              criteria.
Sec. 663. Providing injured members of the Armed Forces information 
              concerning benefits.

                     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.

[[Page 10746]]



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

       Section 402(h) of title 37, United States Code, is amended 
     by striking paragraph (3).

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

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

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

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

     SEC. 605. AVAILABILITY OF PORTION OF A SECOND FAMILY 
                   SEPARATION ALLOWANCE FOR MARRIED COUPLES WITH 
                   DEPENDENTS.

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

     SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR 
                   ENLISTED MEMBERS AND WARRANT OFFICERS APPOINTED 
                   AS OFFICERS AND OFFICERS REAPPOINTED IN A LOWER 
                   GRADE.

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

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

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

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

     SEC. 607. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT 
                   PAYMENTS FOR RESERVE COMPONENT MEMBERS 
                   EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION 
                   FOR ACTIVE DUTY SERVICE.

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

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

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

       (a) Nurse Officer Candidate Accession Program.--Section 
     2130a(a)(1) of title 10, United States Code, is amended by 
     striking ``December 31, 2008'' and inserting ``December 31, 
     2009''.
       (b) Repayment of Education Loans for Certain Health 
     Professionals Who Serve in the Selected Reserve.--Section 
     16302(d) of such title is amended--
       (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''.

[[Page 10747]]

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

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

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

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

       (a) Accession Bonus.--Paragraph (1) of section 2130a(a) of 
     title 10, United States Code, is amended--
       (1) by striking ``$10,000'' and inserting ``$20,000''; and
       (2) by striking ``$5,000'' and inserting ``$10,000''.
       (b) Monthly Stipend.--Paragraph (2) of such section is 
     amended by striking ``$1,000'' and inserting ``$1,250''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

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

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

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

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

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

       (a) Eligibility for Skill Proficiency Bonus.--Subsection 
     (b) of section 353 of title 37, United States Code, is 
     amended to read as follows:
       ``(b) Skill Proficiency Bonus.--
       ``(1) Availability; eligible persons.--The Secretary 
     concerned may pay a proficiency bonus to a member of a 
     regular or reserve component of the uniformed services who--
       ``(A) is entitled to basic pay under section 204 of this 
     title or compensation under section 206 of this title or is 
     enrolled in an officer training program; and
       ``(B) is determined to have, and maintains, certified 
     proficiency under subsection (d) in a skill designated as 
     critical by the Secretary concerned or is in training to 
     acquire proficiency in a critical foreign language or 
     expertise in foreign cultural studies or a related skill 
     designated as critical by the Secretary concerned.
       ``(2) Inclusion of certain senior rotc members.--A 
     proficiency bonus may be paid under this subsection to a 
     student who is enrolled in the Senior Reserve Officers' 
     Training Corps program even though the student is in the 
     first year of the four-year course under the program. During 
     the period covered by the proficiency bonus, the student 
     shall also be entitled to a monthly subsistence allowance 
     under section 209(c) of this title even though the student 
     has not entered into an agreement under section 2103a of 
     title 10. However, if the student receives incentive pay 
     under subsection (g)(2) for the same period, the student may 
     receive only a single monthly subsistence allowance under 
     section 209(c) of this title.''.
       (b) Availability of Incentive Pay for Participation in 
     Foreign Language Education or Training Programs.--Such 
     section is further amended--
       (1) by redesignating subsections (g), (h), and (i) as 
     subsections (h), (i), and (j), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Foreign Language Studies in Officer Training 
     Programs.--
       ``(1) Availability of incentive pay.--The Secretary 
     concerned may pay incentive pay to a person enrolled in an 
     officer training program to also participate in an education 
     or training program to acquire proficiency in a critical 
     foreign language or expertise in foreign cultural studies or 
     a related skill designated as critical by the Secretary 
     concerned.
       ``(2) Inclusion of certain senior rotc members.--Incentive 
     pay may be paid under this subsection to a student who is 
     enrolled in the Senior Reserve Officers' Training Corps 
     program even though the student is in the first year of the 
     four-year course under the program. While the student 
     receives the incentive pay, the student shall also be 
     entitled to a monthly subsistence allowance under section 
     209(c) of this title even though the student has not entered 
     into an agreement under section 2103a of title 10. However, 
     if the student receives a proficiency bonus under subsection 
     (b)(2) covering the same month, the student may receive only 
     a single monthly subsistence allowance under section 209(c) 
     of this title.
       ``(3) Critical foreign language defined.--In this section, 
     the term `critical foreign language' includes Arabic, Korean, 
     Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, 
     Russian, Portuguese, or other language designated as critical 
     by the Secretary concerned.''.
       (c) Pilot Program for Foreign Language Proficiency Training 
     for Reserve Members.--
       (1) Pilot program required.--The Secretary of Defense shall 
     conduct a pilot program to provide a skill proficiency bonus 
     under section 353(b) of title 37, United States Code, to a 
     member of a reserve component of the uniformed services who 
     is entitled to compensation under section 206 of such title 
     while the member participates in an education or training 
     program to acquire proficiency in a critical foreign language 
     or expertise in foreign cultural studies or a related skill 
     designated as critical under such section 353.
       (2) Duration of pilot program.--The Secretary shall conduct 
     the pilot program during the period beginning on October 1, 
     2008, and ending on December 31, 2013. Incentive pay may not 
     be provided under the pilot program after December 31, 2013.
       (3) Reporting requirement.--Not later than March 31, 2012, 
     the Secretary shall submit to Congress a report containing 
     the results of the pilot program and the recommendations of 
     the Secretary regarding whether to continue or expand the 
     pilot program.
       (d) Expedited Implementation.--Notwithstanding section 662 
     of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 180; 37 U.S.C. 301 note), 
     the Secretary of a military department may immediately 
     implement the amendments made by subsections (a) and (b) in 
     order to ensure the prompt availability of proficiency 
     bonuses and incentive pay under section 353 of title 37, 
     United States Code, as amended by such subsections, for 
     persons enrolled in officer training programs.

     SEC. 620. TEMPORARY TARGETED BONUS AUTHORITY TO INCREASE 
                   DIRECT ACCESSIONS OF OFFICERS IN CERTAIN HEALTH 
                   PROFESSIONS.

       (a) Designation of Critically Short Wartime Health 
     Specialties.--For purposes of section 335 of title 37, United 
     States Code, as added by section 661 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181), 
     the following health professions are designated as a 
     critically short wartime specialty under subsection (a)(2) of 
     such section:
       (1) Psychologists who have been awarded a diploma as a 
     Diplomate in Psychology by the American Board of Professional 
     Psychology and are fully licensed and such other mental 
     health practitioners as the Secretary concerned determines to 
     be necessary.
       (2) Registered nurses.
       (b) Special Agreement Authority.--Under the authority 
     provided by this section, the Secretary concerned may enter 
     into an agreement under subsection (f) of section 335 of 
     title 37, United States Code, to pay a health professions 
     bonus under such section to a person who accepts a commission 
     or appointment as an officer

[[Page 10748]]

     and whose health profession specialty is specified in 
     subsection (a).
       (c) Effective Period.--This section shall take effect on 
     October 1, 2008. The designations made by subsection (a) and 
     the authority to enter into an agreement under subsection (b) 
     expire on September 30, 2010.

            Subtitle C--Travel and Transportation Allowances

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

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

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

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

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

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

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

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

             Subtitle D--Retired Pay and Survivor Benefits

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

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

     SEC. 642. EFFECT OF TERMINATION OF SUBSEQUENT MARRIAGE ON 
                   PAYMENT OF SURVIVOR BENEFIT PLAN ANNUITY TO 
                   SURVIVING SPOUSE OR FORMER SPOUSE WHO 
                   PREVIOUSLY TRANSFERRED ANNUITY TO DEPENDENT 
                   CHILDREN.

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

     SEC. 643. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE 
                   ON ACTIVE DUTY OF SPECIAL SURVIVOR INDEMNITY 
                   ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED 
                   SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR 
                   DEPENDENCY AND INDEMNITY COMPENSATION.

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

     SEC. 644. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR 
                   SERVICE UPON RETIREMENT FOR SERVICE IN AN 
                   ACTIVE RESERVE STATUS PERFORMED AFTER ATTAINING 
                   ELIGIBILITY FOR REGULAR RETIREMENT.

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

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

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

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

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

       (a) Recomputation.--Section 10145 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(e)(1) If a member of the Retired Reserve is recalled to 
     an active status under subsection (d) in the Selected Reserve 
     of the Ready Reserve and completes not less than two years of 
     service in such active status, the member is entitled to--
       ``(A) the recomputation of the retired pay of the member 
     determined under section 12739 of this title; and
       ``(B) in the case of a commissioned officer, an adjustment 
     in the retired grade of the member in the manner provided in 
     section 1370 of this title.
       ``(2) The Secretary concerned may reduce the two-year 
     service requirement specified in paragraph (1) in the case of 
     a member who--
       ``(A) is recalled to serve in a position of adjutant 
     general required under section 314 of title

[[Page 10749]]

     32 or in a position of assistant adjutant general subordinate 
     to such a position of adjutant general;
       ``(B) completes at least six months of service in such 
     position; and
       ``(C) fails to complete the minimum two years of service 
     solely because the appointment of the member to such position 
     is terminated or vacated as described in section 324(b) of 
     title 32.''.
       (b) Retroactive Applicability.--The amendment made by this 
     section shall take effect as of January 1, 2008.

     SEC. 646. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR 
                   BENEFIT PLAN ANNUITIES DUE TO PHASED 
                   ELIMINATION OF TWO-TIER ANNUITY COMPUTATION AND 
                   SUPPLEMENTAL ANNUITY.

       Effective as of October 28, 2004, and as if included 
     therein as enacted, section 644(c) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 1961; 19 U.S.C. 1450 note) is 
     amended by adding at the end the following new paragraph:
       ``(3) Savings provision.--If, as a result of the 
     recomputation of annuities under section 1450 of title 10, 
     United States Code, and supplemental survivor annuities under 
     section 1457 of such title, as required by paragraph (1), the 
     total amount of both annuities to be paid to an annuitant for 
     a month would be less (because of the offset required by 
     section 1450(c) of such title for dependency and indemnity 
     compensation) than the amount that would be paid to the 
     annuitant in the absence of recomputation, the Secretary of 
     Defense shall take such actions as are necessary to adjust 
     the annuity amounts to eliminate the reduction.''.

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

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

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

     SEC. 651. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM 
                   TEMPORARY COMMISSARY INITIATIVES FOR RESERVE 
                   COMPONENTS AND RETIRED MEMBERS.

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

     SEC. 652. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY 
                   STORE FUNCTIONS.

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

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

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

     SEC. 654. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR 
                   RENTAL OF SEXUALLY EXPLICIT MATERIAL ON 
                   MILITARY INSTALLATIONS.

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

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

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

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

       ``(a) Buy-American Requirement.--A military exchange store 
     or other nonappropriated fund instrumentality of the 
     Department of Defense may not purchase for resale any 
     military decorations, ribbons, badges, medals, insignia, and 
     other uniform accouterments that are not produced in the 
     United States.
       ``(b) Exception.--Subsection (a) does not apply to the 
     extent that the Secretary of Defense determines that--
       ``(1) a satisfactory quality and sufficient quantity of an 
     item covered by such subsection and produced in the United 
     States cannot be procured; or
       ``(2) the purchase of the item produced outside the United 
     States is in the best interests of members of the armed 
     forces.
       ``(c) Congressional Notification.--As soon as practicable 
     after an exception is granted under subsection (b), the 
     Secretary of Defense shall submit to Congress a report 
     explaining the reasons for the exception.
       ``(d) United States Defined.--In this section, the term 
     `United States' includes the Commonwealth of Puerto Rico, 
     Guam, the United States Virgin Islands, the Commonwealth of 
     the Northern Mariana Islands, American Samoa, and any other 
     territory or possession of the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

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

[[Page 10750]]



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

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

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

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

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

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

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

                       Subtitle F--Other Matters

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

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

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

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

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

     SEC. 662. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR 
                   BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES 
                   WHO DIE, ARE SEPARATED OR RETIRED FOR 
                   DISABILITY, OR MEET OTHER CRITERIA.

       (a) Discretion To Provide Exception to Termination and 
     Repayment Requirements Under Certain Circumstances.--Section 
     303a(e) of title 37, United States Code, is amended--
       (1) in the subsection heading, by inserting ``; Termination 
     of Entitlement to Unpaid Amounts'' after ``Met'';
       (2) in paragraph (1)--
       (A) by striking ``A member'' and inserting ``(A) Except as 
     provided in paragraph (2), a member''; and
       (B) by striking ``the requirements, except in certain 
     circumstances authorized by the Secretary concerned.'' and 
     inserting ``the eligibility requirements and may not receive 
     any unpaid amounts of the bonus or similar benefit after the 
     member fails to satisfy the requirements, unless the 
     Secretary concerned determines that the imposition of the 
     repayment requirement and termination of the payment of 
     unpaid amounts of the bonus or similar benefit with regard to 
     the member would be contrary to a personnel policy or 
     management objective, would be against equity and good 
     conscience, or would be contrary to the best interests of the 
     United States.''; and
       (3) by redesignating paragraph (2) as subparagraph (B) of 
     paragraph (1).
       (b) Mandatory Payment of Unpaid Amounts Under Certain 
     Circumstances; No Repayment of Unearned Amounts.--Section 
     303a(e) of title 37, United States Code, is amended by 
     inserting after paragraph (1), as amended by subsection (a), 
     the following new paragraph (2):
       ``(2)(A) If a member of the uniformed services dies (other 
     than as a result the member's misconduct) or is retired or 
     separated for disability under chapter 61 of title 10, the 
     Secretary concerned--
       ``(i) shall not require repayment by the member or the 
     member's estate of the unearned portion of any bonus or 
     similar benefit previously paid to the member; and
       ``(ii) shall require the payment to the member or the 
     member's estate of the remainder of any bonus or similar 
     benefit that was not yet paid to the member, but to which the 
     member was entitled immediately before the death, retirement, 
     or separation of the member, and would be paid if not for the 
     death, retirement, or separation of the member.
       ``(B) The amount to be paid under subparagraph (A)(ii) 
     shall be equal to the full amount specified by the agreement 
     or contract applicable to the bonus or similar benefit as if 
     the member continued to be entitled to the bonus or similar 
     benefit following the death, retirement, or separation.
       ``(C) Amounts to be paid to a member or the member's estate 
     under subparagraph (A)(ii) shall be paid in a lump sum not 
     later than 90 days after the date of the death, retirement, 
     or separation of the member, whichever applies.''.
       (c) Conforming Amendments Reflecting Consolidated Special 
     Pay and Bonus Authorities.--
       (1) Conforming amendments.--Section 373 of title 37, United 
     States Code, as added by section 661 of the National Defense 
     Authorization Act for Fiscal Year 2008, is amended--
       (A) in subsection (a)--
       (i) in the subsection heading, by inserting ``and 
     Termination'' after ``Repayment''; and
       (ii) by inserting before the period at the end the 
     following: ``, and the member may not receive any unpaid 
     amounts of the bonus, incentive pay, or similar benefit after 
     the member fails to satisfy such service or eligibility 
     requirement''; and
       (B) by striking subsection (b) and inserting the following 
     new subsection:
       ``(b) Exceptions.--
       ``(1) Discretion to provide exception to termination and 
     repayment requirements.--Pursuant to the regulations 
     prescribed to administer this section, the Secretary 
     concerned may grant an exception to the repayment requirement 
     and requirement to terminate the payment of unpaid amounts of 
     a bonus, incentive pay, or similar benefit if the Secretary 
     concerned determines that the imposition of the repayment and 
     termination requirements with regard to a member of the 
     uniformed services would be contrary to a personnel policy or 
     management objective, would be against equity and good 
     conscience, or would be contrary to the best interests of the 
     United States.
       ``(2) Mandatory payment of unpaid amounts under certain 
     circumstances; no repayment of unearned amounts.--(A) If a 
     member of the uniformed services dies (other than as a result 
     the member's misconduct) or is retired or separated for 
     disability under chapter 61 of title 10, the Secretary 
     concerned--
       ``(i) shall not require repayment by the member or the 
     member's estate of the unearned portion of any bonus, 
     incentive pay, or similar benefit previously paid to the 
     member; and
       ``(ii) shall require the payment to the member or the 
     member's estate of the remainder of any

[[Page 10751]]

     bonus, incentive pay, or similar benefit that was not yet 
     paid to the member, but to which the member was entitled 
     immediately before the death, retirement, or separation of 
     the member, and would be paid if not for the death, 
     retirement, or separation of the member.
       ``(B) The amount to be paid under subparagraph (A)(ii) 
     shall be equal to the full amount specified by the agreement 
     or contract applicable to the bonus, incentive pay, or 
     similar benefit as if the member continued to be entitled to 
     the bonus, incentive pay, or similar benefit following the 
     death, retirement, or separation.
       ``(C) Amounts to be paid to a member or the member's estate 
     under subparagraph (A)(ii) shall be paid in a lump sum not 
     later than 90 days after the date of the death, retirement, 
     or separation of the member, whichever applies.''.
       (2) Clerical amendments.--
       (A) Section heading.--The heading of such section is 
     amended to read as follows:

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

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

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

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

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

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

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

                   TITLE VII--HEALTH CARE PROVISIONS

              Subtitle A--Improvements to Health Benefits

Sec. 701. One-year extension of prohibition on increases in certain 
              health care costs for members of the uniformed services.
Sec. 702. Temporary prohibition on increase in copayments under retail 
              pharmacy system of pharmacy benefits program.
Sec. 703. Prohibition on conversion of military medical and dental 
              positions to civilian medical and dental positions.
Sec. 704. Chiropractic health care for members on active duty.
Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums 
              based on actual cost data.
Sec. 706. Program for health care delivery at military installations 
              projected to grow.
Sec. 707. Guidelines for combined Federal medical facilities.

                      Subtitle B--Preventive Care

Sec. 711. Waiver of copayments for preventive services for certain 
              TRICARE beneficiaries.
Sec. 712. Military health risk management demonstration project.
Sec. 713. Smoking cessation program under TRICARE.
Sec. 714. Availability of allowance to assist members of the Armed 
              Forces and their dependents procure preventive health 
              care services.

                  Subtitle C--Wounded Warrior Matters

Sec. 721. Center of excellence in prevention, diagnosis, mitigation, 
              treatment, and rehabilitation of hearing loss and 
              auditory system injuries.
Sec. 722.  Clarification to center of excellence relating to military 
              eye injuries.
Sec. 723. National Casualty Care Research Center.
Sec. 724. Peer-reviewed research program on extremity war injuries.
Sec. 725. Review of policies and processes related to the delivery of 
              mail to wounded members of the Armed Forces.

                       Subtitle D--Other Matters

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

              Subtitle A--Improvements to Health Benefits

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

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

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

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

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

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

[[Page 10752]]



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

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

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

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

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

       (a) Program.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall develop 
     a plan to establish a program to build cooperative health 
     care arrangements and agreements between military 
     installations projected to grow and local and regional non-
     military health care systems.
       (b) Requirements of Plan.--In developing the plan, the 
     Secretary of Defense shall--
       (1) identify and analyze health care delivery options 
     involving the private sector and health care services in 
     military facilities located on military installations;
       (2) develop methods for determining the cost avoidance or 
     savings resulting from innovative partnerships between the 
     Department of Defense and the private sector;
       (3) develop requirements for Department of Defense health 
     care providers to deliver health care in civilian community 
     hospitals; and
       (4) collaborate with State and local authorities to create 
     an arrangement to share and exchange, between the Department 
     of Defense and nonmilitary health care systems, personal 
     health information, and data of military personnel and their 
     families.
       (c) Coordination With Other Entities.--The plan shall 
     include requirements for coordination with Federal, State, 
     and local entities, TRICARE managed care support contractors, 
     and other contracted assets around installations selected for 
     participation in the program.
       (d) Consultation Requirements.--The Secretary of Defense 
     shall develop the plan in consultation with the Secretaries 
     of the military departments.
       (e) Selection of Military Installations.--The program shall 
     be implemented at each installation participating in the 
     pilot program conducted pursuant to section 721 of the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375; 118 Stat. 1988) and other military 
     installations selected by the Secretary of Defense. Each 
     selected military installation shall meet the following 
     criteria:
       (1) The military installation has members of the Armed 
     Forces on active duty and members of reserve components of 
     the Armed Forces that use the installation as a training and 
     operational base, with members routinely deploying in support 
     of the global war on terrorism.
       (2) The military population of an installation will 
     significantly increase by 2013 due to actions related to 
     either Grow the Force initiatives or recommendations of the 
     Defense Base Realignment and Closure Commission.
       (3) There is a military treatment facility on the 
     installation that has--
       (A) no inpatient or trauma center care capabilities; and
       (B) no current or planned capacity that would satisfy the 
     proposed increase in military personnel at the installation.
       (4) There is a civilian community hospital near the 
     military installation, and the military treatment facility 
     has--
       (A) no inpatient services or limited capability to expand 
     inpatient care beds, intensive care, and specialty services; 
     and
       (B) limited or no capability to provide trauma care.
       (f) Reports.--Not later than one year after the date of the 
     enactment of this Act, and every year thereafter, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives an annual 
     report describing the results of the program.

     SEC. 707. GUIDELINES FOR COMBINED FEDERAL MEDICAL FACILITIES.

       Before a facility may be designated a combined Federal 
     medical facility of the Department of Defense and the 
     Department of Veterans Affairs, the Secretary of Defense and 
     the Secretary of Veterans Affairs shall issue a signed 
     agreement that specifies, at a minimum, a binding operational 
     agreement on the following areas:
       (1) Patient priority categories.
       (2) Budgeting.
       (3) Staffing.
       (4) Construction.
       (5) Physical plant management.

                      Subtitle B--Preventive Care

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

       (a) Waiver of Certain Copayments.--Subject to subsection 
     (b) and under regulations prescribed by the Secretary of 
     Defense, the Secretary shall--
       (1) waive all copayments under sections 1079(b) and 1086(b) 
     of title 10, United States Code, for preventive services for 
     all beneficiaries who would otherwise pay copayments; and
       (2) ensure that a beneficiary pays nothing for preventive 
     services during a year even if the beneficiary has not paid 
     the amount necessary to cover the beneficiary's deductible 
     for the year.
       (b) Exclusion for Medicare-Eligible Beneficiaries.--
     Subsection (a) shall not apply to a medicare-eligible 
     beneficiary.
       (c) Refund of Copayments.--
       (1) Authority.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary may pay a refund to a 
     medicare-eligible beneficiary excluded by subsection (b), 
     subject to the availability of appropriations specifically 
     for such refunds, consisting of an amount up to the 
     difference between--
       (A) the amount the beneficiary pays for copayments for 
     preventive services during fiscal year 2009; and
       (B) the amount the beneficiary would have paid during such 
     fiscal year if the copayments for preventive services had 
     been waived pursuant to subsection (a) during that year.
       (2) Copayments covered.--The refunds under paragraph (1) 
     are available only for copayments paid by medicare-eligible 
     beneficiaries during fiscal year 2009.
       (3) Funding.--Of the amounts authorized to be appropriated 
     under title XIV of this Act for the Defense Health Program, 
     $10,000,000 is authorized for the purposes of the refund 
     authorized under this subsection.
       (d) Definitions.--In this section:
       (1) Preventive services.--The term ``preventive services'' 
     includes, taking into consideration the age and gender of the 
     beneficiary:
       (A) Colorectal screening.
       (B) Breast screening.
       (C) Cervical screening.
       (D) Prostate screening.
       (E) Annual physical exam.
       (F) Vaccinations
       (2) Medicare-eligible.--The term ``medicare-eligible'' has 
     the meaning provided by section 1111((b) of title 10, United 
     States Code.

     SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION 
                   PROJECT.

       (a) Demonstration Project Required.--The Secretary of 
     Defense shall conduct a demonstration project designed to 
     evaluate the efficacy of providing incentives to encourage 
     healthy behaviors on the part of eligible military health 
     system beneficiaries.
       (b) Elements of Demonstration Project.--
       (1) Wellness assessment.--The Secretary shall develop a 
     wellness assessment to be offered to beneficiaries enrolled 
     in the demonstration project. The wellness assessment shall 
     incorporate nationally recognized standards for health and 
     healthy behaviors and shall be offered to determine a 
     baseline and at appropriate intervals determined by the 
     Secretary. The wellness assessment shall include the 
     following:
       (A) A self-reported health risk assessment.
       (B) Physiological and biometric measures, including at 
     least--
       (i) blood pressure;
       (ii) glucose level;
       (iii) lipids; and
       (iv) nicotine use.
       (2) Population enrolled.--Non-medicare eligible retired 
     beneficiaries of the military health system and their 
     dependents who are enrolled in TRICARE Prime and who reside 
     in the demonstration project service area shall be enrolled 
     in the demonstration project.
       (3) Geographic coverage of demonstration project.--The 
     demonstration project shall be conducted in at least three 
     geographic areas within the United States where TRICARE Prime 
     is offered, as determined by the Secretary. The area covered 
     by the project shall be referred to as the demonstration 
     project service area.
       (4) Programs.--The Secretary shall develop programs to 
     assist enrollees to improve healthy behaviors, as identified 
     by the wellness assessment.
       (5) Inclusion of incentives required.--For the purpose of 
     conducting the demonstration

[[Page 10753]]

     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 who are not 
     medicare-eligible. The Secretary may prescribe such 
     regulations as may be necessary to implement the program.
       (b) Elements.--The program shall include, at a minimum, the 
     following elements:
       (1) The availability, at no cost to the beneficiary, of 
     pharmaceuticals used for smoking cessation, with a limitation 
     on the availability of such pharmaceuticals to the national 
     mail-order pharmacy program under the TRICARE program if 
     appropriate.
       (2) Access to a toll-free quit line that is available 24 
     hours a day, 7 days a week.
       (3) Access to printed and Internet web-based tobacco 
     cessation material.
       (c) Plan.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a plan to implement the 
     program.
       (d) Refund of Copayments.--
       (1) Authority.--Under regulations prescribed by the 
     Secretary of Defense, the Secretary may pay a refund to a 
     medicare-eligible beneficiary otherwise excluded by this 
     section, subject to the availability of appropriations 
     specifically for such refunds, consisting of an amount up to 
     the difference between--
       (A) the amount the beneficiary pays for copayments for 
     smoking cessation services described in subsection (b) during 
     fiscal year 2009; and
       (B) the amount the beneficiary would have paid during such 
     fiscal year if the copayments for smoking cessation services 
     had been waived pursuant to subsection (b) during that year.
       (2) Copayments covered.--The refunds under paragraph (1) 
     are available only for copayments paid by medicare-eligible 
     beneficiaries during fiscal year 2009.
       (3) Funding.--Of the amounts authorized to be appropriated 
     under title XIV for the Defense Health Program, $3,000,000 is 
     authorized for the purposes of the refund authorized under 
     this subsection.
       (e) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report covering the 
     following:
       (1) The status of the program.
       (2) The number of participants in the program.
       (3) The cost of the program.
       (4) The costs avoided that are attributed to the program.
       (5) The success rates of the program compared to other 
     nationally recognized smoking cessation programs.
       (6) Findings regarding the success rate of participants in 
     the program.
       (7) Recommendations to modify the policies and procedures 
     of the program.
       (8) Recommendations concerning the future utility of the 
     program.
       (f) Definitions.--In this section:
       (1) TRICARE program.--The term ``TRICARE program'' has the 
     meaning provided by section 1072(7) of title 10, United 
     States Code.
       (2) Medicare-eligible.--The term ``medicare-eligible'' has 
     the meaning provided by section 1111(b) of title 10, United 
     States Code.

     SEC. 714. AVAILABILITY OF ALLOWANCE TO ASSIST MEMBERS OF THE 
                   ARMED FORCES AND THEIR DEPENDENTS PROCURE 
                   PREVENTIVE HEALTH CARE SERVICES.

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

     ``Sec. 438. Preventive health services allowance

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

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

                  Subtitle C--Wounded Warrior Matters

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

       (a) In General.--The Secretary of Defense shall establish 
     within the Department of Defense a center of excellence in 
     the prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of hearing loss and auditory system injury to 
     carry out the responsibilities specified in subsection (c).
       (b) Partnerships.--The Secretary shall ensure that the 
     center collaborates to the maximum extent practicable with 
     the Secretary of Veterans Affairs, institutions of higher 
     education, and other appropriate public and private entities 
     (including international entities) to carry out the 
     responsibilities specified in subsection (c).

[[Page 10754]]

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

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

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

     SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER.

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

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

       (a) Establishment of Peer-Reviewed Orthopaedic Extremity 
     Trauma Research Program.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall establish a competitive, peer-reviewed research program 
     within the Defense Health Program's research and development 
     function to conduct peer-reviewed medical research at 
     military and civilian institutions designed to develop 
     scientific information aimed at saving injured extremities, 
     avoiding amputations, and preserving and restoring the 
     function of injured extremities. Such research shall address 
     military medical needs and include the full range of 
     scientific inquiry encompassing basic, translational, and 
     clinical research.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the plans for establishment, 
     management, and operation of the Peer-Reviewed Research 
     Program on Extremity War Injuries required under this 
     section.
       (c) Effective Date.--This section shall be in effect until 
     September 30, 2013.

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

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

                       Subtitle D--Other Matters

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

       The Secretary of Defense shall submit to the congressional 
     defense committees a report on the extent to which the 
     Secretary has exercised the authority provided in section 704 
     of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 188; 10 U.S.C. 1076 
     note).

[[Page 10755]]



     SEC. 732. REPORT ON PROVIDING THE EXTENDED CARE HEALTH OPTION 
                   PROGRAM TO AUTISTIC DEPENDENTS OF MILITARY 
                   RETIREES.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report that 
     contains a plan for including autistic dependents of military 
     retirees in the Extended Care Health Option program 
     (hereafter in this section referred to as the ``ECHO 
     program'').
       (b) Contents of Report.--The report required under 
     subsection (a) shall include the following:
       (1) The most current data on the number of military 
     retirees with autistic dependents and an estimate of the 
     number of future military retirees with autistic dependents.
       (2) The cost estimates of providing extended benefits under 
     the ECHO program to autistic dependents of all current and 
     future military retirees.
       (3) The feasibility of including autistic dependents of 
     military retirees in any ongoing demonstration or pilot 
     programs within the ECHO program.
       (4) The statutory and regulatory impediments to including 
     autistic dependents of military retirees in the ECHO program.

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

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

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

             Subtitle A--Acquisition Policy and Management

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

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

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

  Subtitle C--Provisions Relating to Inherently Governmental Functions

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

                Subtitle D--Defense Industrial Security

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

                       Subtitle E--Other Matters

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

             Subtitle A--Acquisition Policy and Management

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

       (a) Review of Illegal Subsidies Required.--The Secretary of 
     the Air Force, not later than 10 days after a ruling by the 
     World Trade Organization that either or both of the United 
     States or the European Union, or any political entity within 
     the United States or the European Union, has provided illegal 
     subsidies to a manufacturer of large commercial aircraft, 
     shall begin a review, as described in subsection (b), of the 
     impact of such illegal subsidies on the source selection for 
     the KC-45 Aerial Refueling Aircraft Program.
       (b) Performance of the Review.--In performing the review 
     required by subsection (a), the Secretary of Air Force shall 
     comply with the following requirements:
       (1) The Secretary shall seek information from the public on 
     the potential impact of illegal subsidies on the source 
     selection process for the KC-45 Aerial Refueling Aircraft 
     Program through a notice and comment process. The Secretary 
     shall adopt such procedures for handling information provided 
     under such notice and comment process as are necessary to 
     protect national security and confidential business 
     information.
       (2) The Secretary shall consult with experts within the 
     Department of Defense, the Office of Management and Budget, 
     the Office of the United States Trade Representative, and 
     other agencies and offices of the Federal government, as 
     appropriate, on the potential impact of illegal subsidies on 
     the source selection process for the KC-45 Aerial Refueling 
     Aircraft Program.
       (3) The Secretary shall request information from each of 
     the offerors in the source selection process for the KC-45 
     Aerial Refueling Aircraft Program on the potential impact of 
     illegal subsidies on such process.
       (c) Completion of Review.--The Secretary of the Air Force 
     shall complete the review required by subsection (a) not 
     later than 90 days after the World Trade Organization has 
     ruled on all illegal subsidy cases involving large commercial 
     aircraft pending at the World Trade Organization as of the 
     date of the enactment of this Act.
       (d) Determination and Remedy Required.--If the Secretary of 
     the Air Force determines, after performing the review 
     required by subsection (a), that an illegal subsidy or 
     subsidies had a material impact on the source selection 
     process for the KC-45 Aerial Refueling Aircraft Program 
     sufficient to bring into question the fairness of such source 
     selection process, the Secretary shall take such measures as 
     are necessary and appropriate to ensure that the effect of 
     such subsidy or subsidies is removed and the source selection 
     process for the KC-45 Aerial Refueling Aircraft Program is 
     fair to all offerors.
       (e) Definitions.--In this section:
       (1) The term ``illegal subsidy'' means a subsidy found to 
     constitute a violation of the Agreement on Subsidies and 
     Countervailing Measures.
       (2) The term ``Agreement on Subsidies and Countervailing 
     Measures'' means the agreement described in section 
     101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 
     3511(d)(12)).
       (3) The term ``source selection'', with respect to a 
     program of the Department of Defense, means the selection, 
     through the use of competitive procedures or such other 
     procurement procedures as may be applicable, of a contractor 
     to perform a contract to carry out the program.

     SEC. 802. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

       (a) Assessment Required.--The Secretary of Defense shall 
     commission a study and report by a federally funded research 
     and development center to assess the effectiveness of the 
     processes used by the Department of Defense for the 
     generation of urgent operational need requirements, and the 
     acquisition processes used to fulfill such requirements. Such 
     assessment shall include the following:
       (1) A description and evaluation of the effectiveness of 
     the procedures used to generate warfighting requirements 
     through the urgent operational need process.
       (2) An evaluation of the extent to which urgent operational 
     need statements are used to document required capability gaps 
     or are used to request specific acquisition outcomes, such as 
     specific systems or equipment.
       (3) A description and evaluation of the effectiveness of 
     the processes used by each of the military departments to 
     prioritize and fulfill urgent operational needs, including 
     the rapid acquisition processes of the military departments.
       (4) A description and evaluation of the effectiveness of 
     the procedures used to generate warfighting requirements 
     through the joint urgent operational need process.
       (5) An evaluation of the extent to which joint urgent 
     operational need statements are used to document urgent joint 
     capability gaps or are used--
       (A) to avoid using service-specific urgent operational need 
     and acquisition processes;
       (B) to document non-urgent capability gaps; or
       (C) to request specific acquisition outcomes, such as 
     specific systems or equipment.

[[Page 10756]]

       (6) A description and evaluation of the effectiveness of 
     the processes used by the various elements of the Department 
     of Defense to prioritize and fulfill joint urgent operational 
     needs, including the Joint Improvised Explosive Device Defeat 
     Organization and the Joint Rapid Acquisition Cell.
       (7) An evaluation of the extent to which joint acquisition 
     entities maintain oversight, once a military department or 
     defense agency has been designated as responsible for 
     execution and fielding of a capability in response to a joint 
     urgent operational need statement, including oversight of--
       (A) the responsiveness of the military department or agency 
     in execution;
       (B) the field performance of the capability delivered in 
     response to the joint urgent operational need statement; and
       (C) the concurrent development of a long-term acquisition 
     and sustainment strategy.
       (8) Recommendations regarding--
       (A) common definitions and standards for urgent operational 
     needs statements and joint urgent operational need 
     statements;
       (B) best practices and process improvements for the 
     creation, evaluation, prioritization, and fulfillment of 
     urgent operational need statements and joint urgent 
     operational need statements; and
       (C) the extent to which rapid acquisition processes should 
     be consolidated or expanded.
       (b) Submission to Congress.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     the report resulting from the study conducted pursuant to 
     subsection (a).
       (c) Definitions.--In this section:
       (1) The term ``urgent operational need'' or ``urgent 
     operational need statement'' means a high priority capability 
     gap from an ongoing, named operation--
       (A) that is validated and resourced by a specific military 
     department or defense agency; and
       (B) that, if not addressed immediately, will seriously 
     endanger personnel or pose a major threat to ongoing 
     operations.
       (2) The term ``joint urgent operational need'' means a high 
     priority capability gap from an ongoing, named operation--
       (A) that is identified by a combatant commander;
       (B) that requires validation and resourcing by the Joint 
     Chiefs of Staff;
       (C) that falls outside of the established processes of the 
     military departments; and
       (D) that, if not addressed immediately will seriously 
     endanger personnel or pose a major threat to ongoing 
     operations.

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

       (a) Guidance Required.--The Secretary of Defense shall 
     issue guidance requiring that all unique tooling associated 
     with the production of hardware for a major defense 
     acquisition program be preserved and stored through the end 
     of the service life of the end item associated with such a 
     program. Such guidance shall--
       (1) provide that either a component of the Department of 
     Defense or a contractor (or subcontractor at any tier) may be 
     responsible for preservation and storage of such tooling;
       (2) require that the milestone decision authority approve a 
     plan for the preservation and storage of such tooling prior 
     to granting a Milestone C approval;
       (3) if such tooling is to be preserved and stored by a 
     component of the Department of Defense, require the component 
     to ensure adequate funds and facilities are available to 
     preserve and store such tooling through the projected service 
     life of the end item;
       (4) if such tooling is to be preserved and stored by a 
     contractor, or a subcontractor at any tier, require that any 
     production contract (or subcontract) awarded in support of 
     the major defense acquisition program include a contract 
     clause regarding the preservation and storage of such 
     tooling; and
       (5) provide a mechanism for the Secretary of Defense to 
     waive such requirement if--
       (A) the Secretary determines that such a waiver is in the 
     best interest of national security; and
       (B) notifies the congressional defense committees at least 
     15 days before taking such action.
       (b) Definitions.--In this section:
       (1) Major defense acquisition program.--The term ``major 
     defense acquisition program'' has the meaning provided in 
     section 2430 of title 10, United States Code.
       (2) Milestone decision authority.--The term ``milestone 
     decision authority'' has the meaning provided in section 
     2366a(f)(2).
       (3) Milestone c approval.--The term ``Milestone C 
     approval'' has the meaning provided in section 2366(e)(8) of 
     title 10, United States Code.

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

       (a) Prohibition.--Except as provided in subsections (c) and 
     (d), the Secretary of Defense may not enter into a contract 
     for the procurement of goods or services from any foreign 
     person to which the government of a foreign country that is a 
     member of the World Trade Organization has provided a subsidy 
     if--
       (1) the United States has requested consultations with that 
     foreign country under the Agreement on Subsidies and 
     Countervailing Measures on the basis, in whole or in part, 
     that the subsidy is a prohibited subsidy under that 
     Agreement; and
       (2) either--
       (A) the dispute before the World Trade Organization has not 
     been resolved; or
       (B) the World Trade Organization has ruled that the subsidy 
     provided by the foreign country is a prohibited subsidy under 
     the Agreement on Subsidies and Countervailing Measures.
       (b) Additional Applicability.--
       (1) Joint ventures.--The prohibition under subsection (a) 
     with respect to a foreign person also applies to any joint 
     venture, cooperative organization, partnership, or 
     contracting team of which that foreign person is a member.
       (2) Subcontracts and task and delivery orders.--The 
     prohibition under subsection (a) with respect to a contract 
     also applies to any subcontracts at any tier entered into 
     under the contract and any task orders or delivery orders at 
     any tier issued under the contract.
       (c) Exceptions to Applicability.--
       (1) Inapplicability to programs with milestone b 
     approval.--The prohibition under subsection (a) shall not 
     apply to any contract under a major defense acquisition 
     program that has received Milestone B approval as of the date 
     of the enactment of this Act.
       (2) Inapplicability to certain procurements.--The 
     prohibition under subsection (a) shall not apply to a 
     contract for the procurement of goods or services from a 
     foreign person being provided a subsidy if--
       (A) in any case in which goods or services are the subject 
     of the consultation requested by the United States (as 
     described in subsection (a)(1)), the goods or services to be 
     procured under the contract are not related to the goods and 
     services that are the subject of the consultation; or
       (B) in any case in which the subject of the consultation 
     requested by the United States (as described in subsection 
     (a)) is not a good or service (but is law, regulations, or 
     other policies of the foreign country), the Department of 
     Defense contracting officer for the contract has certified 
     that the foreign person has demonstrated that the cost of the 
     offeror's proposal is not materially affected by the subsidy.
       (d) Waiver.--The President may waive the prohibition in 
     this section with respect to a specific contract if the 
     President (without delegation) determines that failure to 
     waive the prohibition would result in a significant and 
     imminent threat to national security. The President shall 
     submit to Congress a notice of any waiver granted under this 
     subsection within 7 days after granting it.
       (e) Duration of Prohibition.--In the case of a subsidy that 
     the World Trade Organization has ruled is a prohibited 
     subsidy as described in subsection (a)(2)(B), the prohibition 
     under subsection (a) shall not apply to a contract for the 
     procurement of goods or services that were the subject of the 
     consultation after--
       (1) the dispute is resolved; and
       (2) either--
       (A) a mutual agreement has been reached between the United 
     States and the foreign government with respect to the 
     prohibited subsidy; or
       (B) the foreign government has agreed to comply with the 
     requirements of the ruling issued by the World Trade 
     Organization in the dispute.
       (f) Definitions.--In this section:
       (1) The term ``Agreement on Subsidies and Countervailing 
     Measures'' means the agreement described in section 
     101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 
     3501(d)(12)).
       (2) The term ``foreign person'' means--
       (A) an individual who is not a United States person or an 
     alien lawfully admitted for permanent residence into the 
     United States; or
       (B) a corporation, partnership, or other nongovernmental 
     entity which is not a United States person.
       (3) The term ``United States person'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States; and
       (B) a corporation or other legal entity which is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia, if natural persons 
     described in subparagraph (A) own, directly or indirectly, 
     more than 50 percent of the outstanding capital stock or 
     other beneficial interest in such legal entity.
       (4) The term ``major defense acquisition program'' means a 
     Department of Defense acquisition program that is a major 
     defense acquisition program for purposes of section 2430 of 
     title 10, United States Code.
       (5) The term ``Milestone B approval'' has the meaning 
     provided that term in section 2366(e)(7) of such title.

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

       (a) Regulations Required.--Not later than 120 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall prescribe regulations regarding the application 
     of a domestic industrial base evaluation factor during source 
     selection for a major defense acquisition program of the 
     Department of Defense. Such regulations shall--
       (1) allow the source selection authority to consider 
     impacts on the domestic industrial base as an evaluation 
     factor during the source selection process;
       (2) provide the source selection authority flexibility with 
     regard to the importance assigned to such an evaluation 
     factor; and
       (3) provide defense acquisition officials with the 
     authority to impose penalties on the contractor awarded the 
     contract resulting from the source selection, including fines 
     and contract termination, if--
       (A) the domestic industrial base evaluation factor was used 
     during source selection;

[[Page 10757]]

       (B) the evaluation factor had a material effect on the 
     outcome of the source selection; and
       (C) the official determines that the potential contractor 
     knowingly or willfully misrepresented impacts to the domestic 
     industrial base during source selection.
       (b) Impacts on Domestic Industrial Base.--For purposes of 
     the regulations, the Secretary shall consider, at a minimum, 
     the following to be impacts on the domestic industrial base:
       (1) The creation or maintenance of domestic capability for 
     production of critical supplies.
       (2) The creation or maintenance of domestic jobs.
       (3) The creation or maintenance of domestic scientific and 
     technological competencies or manufacturing skills.
       (c) Report Required.--The Secretary of Defense shall notify 
     the congressional defense committees at least 30 days before 
     the issuance of a request for proposal for any major defense 
     acquisition program that will not use a domestic industrial 
     base evaluation factor during the source selection process. 
     Such notification shall include--
       (1) a brief description of the major defense acquisition 
     program;
       (2) a justification for not using a domestic industrial 
     base evaluation factor; and
       (3) an assessment of potential impacts on the domestic 
     industrial base, if known, as a result of not using a 
     domestic industrial base evaluation factor.
       (d) Definitions.--In this section:
       (1) Domestic industrial base.--The term ``domestic 
     industrial base'' means--
       (A) persons and organizations that are engaged in research, 
     development, production, or maintenance activities conducted 
     within the United States and United States territories; and
       (B) includes, at a minimum, prime contractors, as well as 
     second and third tier subcontractors, engaged in such 
     activities.
       (2) Major defense acquisition program.--The term ``major 
     defense acquisition program'' has the meaning provided in 
     section 2430 of title 10, United States Code.
       (3) Source selection.--The term ``source selection'', with 
     respect to a major defense acquisition program, means the 
     selection, through the use of competitive procedures or such 
     other procurement procedures as may be applicable, of a 
     contractor to perform a contract to carry out the program.
       (4) Source selection authority.--The term ``source 
     selection authority'', with respect to a major defense 
     acquisition program, means the official in the Department of 
     Defense designated as responsible for the source selection 
     for that program.

     SEC. 806. COMMERCIAL SOFTWARE REUSE PREFERENCE.

       (a) In General.--The Secretary of Defense shall ensure that 
     contracting officials identify and evaluate, at all stages of 
     the acquisition process (including concept refinement, 
     concept decision, and technology development), opportunities 
     for the use of commercial computer software and, if 
     practicable, use such software instead of developing new 
     software.
       (b) Regulations.--The Secretary of Defense shall review and 
     revise the Defense Federal Acquisition Regulation Supplement, 
     Part 207.103, to clarify that the preference for commercial 
     items in the acquisition process includes a preference for 
     commercial computer software, and the preference applies at 
     all stages of the acquisition process.

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

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

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

     SEC. 811. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

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

     SEC. 812. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION 
                   CHALLENGE PROGRAM.

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

     SEC. 813. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY 
                   PERSONNEL IN THE ACQUISITION FIELD.

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

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

       ``(a) Requirement for Policy and Guidance Regarding 
     Military Personnel in Acquisition.--The Secretary of Defense 
     shall require the Secretary of each military department (with 
     respect to the military departments) and the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics (with 
     respect to the Office of the Secretary of Defense, the 
     unified combatant commands, the Defense Agencies, and Defense 
     Field Activities), to establish policies and issue guidance 
     to ensure the proper development, assignment, and employment 
     of members of the armed forces in the acquisition field to 
     achieve the objectives of this section as specified in 
     subsection (b).
       ``(b) Objectives.--Policies established and guidance issued 
     pursuant to subsection (a) shall ensure, at a minimum, the 
     following:
       ``(1) A career path in the acquisition field that attracts 
     the highest quality officers and enlisted personnel.
       ``(2) A number of command positions and senior non-
     commissioned officer positions, including acquisition billets 
     reserved for general officers and flag officers under 
     subsection (c), sufficient to ensure that members of the 
     armed forces have opportunities for promotion and advancement 
     in the acquisition field.
       ``(3) A number of qualified, trained members of the armed 
     forces eligible for and active in the acquisition field 
     sufficient to ensure the appropriate use of military 
     personnel in contingency contracting.
       ``(c) Reservation of Acquisition Billets for General 
     Officers and Flag Officers.--(1) The Secretary of Defense 
     shall establish for each military department a minimum number 
     of billets coded or classified for acquisition personnel that 
     are reserved for general officers and flag officers and shall 
     ensure that the policies established and guidance issued 
     pursuant to subsection (a) by the Secretary of that military 
     department reserve at least that minimum number of billets 
     and fill the billets with qualified and trained general 
     officers and flag officers.
       ``(2) The Secretary of Defense shall ensure that a 
     sufficient number of billets for acquisition personnel who 
     are general officers or flag officers exist within the Office 
     of the Secretary of Defense, the unified combatant commands, 
     the Defense Agencies, and the Defense Field Activities.
       ``(3) The Secretary of Defense shall ensure that a portion 
     of the billets referred to in paragraphs (1) and (2) involve 
     command of organizations primarily focused on contracting.
       ``(d) Relationship to Limitation on Preference for Military 
     Personnel.--Any designation or reservation of a position for 
     a member of the armed forces as a result of a policy 
     established or guidance issued pursuant to this

[[Page 10758]]

     section shall be deemed to meet the requirements for an 
     exception under paragraph (2) of section 1722(b) of this 
     title from the limitation in paragraph (1) of such section.
       ``(e) Report.--Not later than January 1 of each year, the 
     Secretary of each military department shall submit to the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics a report describing how the Secretary fulfilled the 
     objectives of this section in the preceding calendar year. 
     The report shall include information on the reservation of 
     acquisition billets for general officers and flag officers 
     within the department.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1722 the following new item:

``1722a. Special requirements for military personnel in the acquisition 
              field.''.
       (b) Additional Item for Inclusion in Strategic Plan.--
     Section 543(f)(3)(E) of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat 116) 
     is amended by inserting after ``officer assignments and grade 
     requirements'' the following: ``, including requirements 
     relating to the reservation of billets in the acquisition 
     field for general and flag officers,''.

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

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

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

       ``(a) Policy Guidance.--
       ``(1) The Secretary of Defense shall issue policy guidance 
     with respect to the use of a non-FAR agreement for the 
     development of a major weapon system or an item of personnel 
     protective equipment.
       ``(2) The guidance shall--
       ``(A) define the legitimate interest of the United States 
     and a party to such an agreement in technical data pertaining 
     to an item or process to be developed under the agreement, 
     including, at a minimum, the interest of--
       ``(i) the United States in increasing competition and 
     lowering costs by developing and locating alternative sources 
     of supply and manufacture;
       ``(ii) the United States in the ability to conduct 
     emergency repair and overhaul; or
       ``(iii) the party to the agreement to restrict the release 
     of technical data relating to an item or process developed at 
     private expense; and
       ``(B) require that specific rights in technical data shall 
     be established during agreement negotiations and be based 
     upon negotiations between the United States and the potential 
     party to the agreement, except in any case in which the 
     Secretary of Defense determines, on the basis of criteria 
     established in such policy guidance, that the establishment 
     of rights during or through agreement negotiations would not 
     be practicable.
       ``(b) Provisions in Non-FAR Agreements.--Whenever 
     practicable, a non-FAR agreement described in subsection (a) 
     shall contain appropriate provisions relating to technical 
     data, including provisions--
       ``(1) defining the respective rights of the United States 
     and the party to the agreement regarding any technical data 
     to be delivered under the agreement;
       ``(2) specifying the technical data to be delivered under 
     the agreement and delivery schedules for such delivery;
       ``(3) establishing or referencing procedures for 
     determining the acceptability of technical data to be 
     delivered under the agreement;
       ``(4) to the maximum practicable extent, identifying, in 
     advance of delivery, technical data which is to be delivered 
     with restrictions on the right of the United States to use 
     such data;
       ``(5) requiring the party to the agreement to revise any 
     technical data delivered under the agreement to reflect 
     engineering design changes made during the performance of the 
     agreement and affecting the form, fit, and function of the 
     items specified in the agreement and to deliver such revised 
     technical data to an agency within a time specified in the 
     agreement; and
       ``(6) establishing remedies to be available to the United 
     States when technical data required to be delivered or made 
     available under the agreement is found to be incomplete or 
     inadequate or to not satisfy the requirements of the 
     agreement concerning technical data.
       ``(c) Assessment of Long-Term Technical Data Needs.--The 
     Secretary of Defense shall require the program manager for a 
     major weapon system or an item of personnel protective 
     equipment that is to be developed using a non-FAR agreement 
     described in subsection (a) to assess the long-term technical 
     data needs of such systems and items, in accordance with the 
     requirements of section 2320(e) of this title.
       ``(d) Definitions.--In this section:
       ``(1) The term `non-FAR agreement' means an agreement that 
     is not subject to laws pursuant to which the Federal 
     Acquisition Regulation is prescribed, including--
       ``(A) a transaction authorized under section 2371 of this 
     title; and
       ``(B) a cooperative research and development agreement.
       ``(2) The term `party', with respect to a non-FAR 
     agreement, means a non-Federal entity and includes any of the 
     following:
       ``(A) A contractor and its subcontractors (at any tier).
       ``(B) A joint venture.
       ``(C) A consortium.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2320 the following new item:

``2320a. Rights in technical data for non-FAR agreements.''.
       (b) Report on Life Cycle Planning for Technical Data 
     Needs.--Not later than 120 days after the date of enactment 
     of this Act, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the implementation of the 
     requirements in section 2320(e) of title 10, United States 
     Code, for the assessment of long-term technical data needs to 
     sustain major weapon systems. Such report shall include--
       (1) a description of all relevant guidance or policies 
     issued;
       (2) the extent to which program managers have received 
     training to better assess the long-term technical data needs 
     of major weapon systems and subsystems;
       (3) a description of the data rights strategies developed 
     prior to the issuance of contract solicitations released 
     since October 17, 2006; and
       (4) a characterization of the extent to which such 
     strategies made use of priced contract options for the future 
     delivery of technical data or acquired all relevant technical 
     data upon contract award.

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

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

  Subtitle C--Provisions Relating to Inherently Governmental Functions

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

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

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

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall develop guidance 
     to--

[[Page 10759]]

       (1) establish a clear definition of the term ``personal 
     services contract'';
       (2) require a clear distinction between employees of the 
     Department of Defense and employees of Department of Defense 
     contractors;
       (3) provide appropriate safeguards with respect to when, 
     where, and to what extent the Secretary may enter into a 
     contract for the procurement of personal services; and
       (4) assess and take steps to mitigate the risk that, as 
     implemented and administered, non-personal services contracts 
     may become personal services contracts.

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

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

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

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

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

                Subtitle D--Defense Industrial Security

     SEC. 831. REQUIREMENTS RELATING TO FACILITY CLEARANCES.

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

             ``SUBCHAPTER III--DEFENSE INDUSTRIAL SECURITY

``Sec. 438. Facility clearances: requirements.

     ``Sec. 438. Facility clearances: requirements

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

     SEC. 832. FOREIGN OWNERSHIP CONTROL OR INFLUENCE.

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

     ``Sec. 439. Foreign ownership control or influence

       ``(a) Determination of Foreign Ownership Control or 
     Influence.--
       ``(1) In general.--Before granting a facility clearance to 
     an entity, and while such entity holds a facility clearance, 
     the Secretary of Defense shall determine whether an entity is 
     under foreign ownership control or influence (in this 
     subchapter referred to as `FOCI').
       ``(2) Description of foci.--For purposes of paragraph (1), 
     the Secretary shall determine an entity to be under FOCI if a 
     foreign interest has the power, direct or indirect, whether 
     or not exercised, and whether or not exercisable through

[[Page 10760]]

     the ownership of the entity's securities, by contractual 
     arrangements or other means, to direct or decide matters 
     affecting the management or operations of that entity in a 
     manner that may result in--
       ``(A) unauthorized access to classified information;
       ``(B) unauthorized access to covered controlled 
     unclassified information;
       ``(C) an adverse effect on the performance of classified 
     contracts; or
       ``(D) an adverse effect on the entity's compliance with 
     Department of Defense security agreements, appropriate 
     contract provisions regarding security, and relevant 
     Department regulations pertaining to industrial security.
       ``(b) FOCI Factors.--
       ``(1) In general.--The following factors relating to an 
     entity, a foreign interest, or a government of a foreign 
     interest shall be considered by the Secretary of Defense in 
     determining under this section whether an entity is under 
     foreign ownership control or influence and the protective 
     measures that may be required to mitigate the FOCI of the 
     entity:
       ``(A) Record of economic and government espionage against 
     United States targets by the entity, by any foreign interest 
     in the entity, and by the government of any such foreign 
     interest.
       ``(B) Record of enforcement of covered controlled 
     unclassified information or engagement in unauthorized 
     technology transfer.
       ``(C) The type and sensitivity of the information expected 
     to be accessed in performing a classified contract.
       ``(D) The source, nature, and extent of FOCI, including 
     whether foreign interests hold a majority or substantial 
     minority position in the entity, taking into consideration 
     the immediate, intermediate, and ultimate parent entities, 
     sister entities, joint ventures, and hedge funds.
       ``(E) Record of compliance with pertinent United States 
     laws, regulations, and contracts by the entity, by the 
     foreign interest (if any) in the entity, and by parent 
     entities, sister entities, joint ventures, and hedge funds.
       ``(F) The nature of any bilateral and multilateral security 
     and information exchange agreements that may pertain to the 
     entity, any foreign interest in the entity, and the 
     government of any such foreign interest.
       ``(G) Ownership, control, or influence of the entity, in 
     whole or in part, by a foreign government.
       ``(2) Minority position.--For purposes of paragraph (1)(D), 
     a minority position shall be considered substantial if--
       ``(A) it consists of greater than 5 percent of the 
     ownership interests;
       ``(B) it consists of greater than 10 percent of the voting 
     interest; or
       ``(C) the minority position controls a seat on the entity's 
     board of directors.
       ``(c) Mitigation of Foreign Ownership Control or 
     Influence.--
       ``(1) Protective measures authorized for mitigation of 
     foci.--With respect to any entity with a facility clearance 
     under FOCI, as determined under subsection (a), the Secretary 
     of Defense may impose any security method, safeguard, or 
     restriction the Secretary believes necessary to ensure that 
     the entity complies with the general requirements for 
     facility clearances listed in subsection (b) of section 438 
     of this title.
       ``(2) Government security committee requirement for 
     mitigation of foci.--
       ``(A) In general.--As part of the mitigation of foreign 
     ownership control or influence of an entity determined to be 
     under FOCI, the Secretary of Defense shall require the entity 
     to establish a permanent committee of the entity's board of 
     directors, or equivalent executive body, to be known as the 
     entity's `Government Security Committee', for purposes of 
     carrying out the requirements of this paragraph.
       ``(B) Responsibilities of gsc.--The responsibilities of the 
     Government Security Committee of an entity are to ensure that 
     the entity employs and maintains policies and procedures that 
     ensure that the entity complies with the general requirements 
     for facility clearances listed in subsection (b) of section 
     438 of this title.
       ``(C) Role of security manager in gsc.--The employee of the 
     entity designated pursuant to section 438(c)(1)(A) as the 
     security manager shall be the principal advisor to the 
     Government Security Committee and attend committee meetings. 
     The chairman of the Government Security Committee must concur 
     with the appointment and replacement of persons filling the 
     position of security manager selected by management of the 
     entity. The functions of the security manager shall be 
     carried out under the authority of the Government Security 
     Committee.
       ``(3) Relationship to facility clearance.--In the case of 
     an entity with a facility clearance under FOCI, as determined 
     under subsection (a), the following provisions apply with 
     respect to the status of the facility clearance of the 
     entity:
       ``(A) Continuation in effect while negotiating mitigation 
     measure.--The facility clearance of the entity shall continue 
     in effect if the entity is negotiating with the Secretary a 
     mitigation measure and the Secretary determines that there is 
     no indication that classified information or covered 
     controlled unclassified information is at risk of compromise.
       ``(B) Invalidation if no mitigation measure within six 
     months.--(i) Subject to subparagraph (C), the Secretary shall 
     invalidate the facility clearance of the entity if an 
     acceptable mitigation measure has not been agreed to by the 
     Secretary and the entity by the end of the six-month period 
     beginning on the date of the determination by the Secretary 
     that the entity is under FOCI.
       ``(ii) The six-month period described in clause (i) may be 
     extended for one additional three-month period upon request 
     by the entity if the Secretary approves an extension.
       ``(C) Revocation if possibility of unauthorized access or 
     adverse effect.--The Secretary shall revoke the facility 
     clearance of the entity at any time if, regardless of whether 
     the entity is negotiating a mitigation measure with the 
     Secretary, the Secretary determines that security measures 
     cannot be taken to remove the possibility of unauthorized 
     access or an adverse effect on classified contracts.
       ``(d) Notification to Department of Defense Regarding 
     Change in FOCI.--The Secretary of Defense shall require an 
     entity to notify the Secretary when material changes occur to 
     information previously submitted to the Department of Defense 
     pertaining to the FOCI factors affecting the entity as soon 
     as such information is known to the entity.
       ``(e) Notification to Department of Defense Regarding 
     Mergers, Acquisitions, or Takeovers by Foreign Persons.--The 
     Secretary of Defense shall require that when an entity with a 
     facility clearance enters into negotiations for a proposed 
     merger, acquisition, or takeover by a foreign person, the 
     entity shall submit to the Secretary of Defense a 
     notification of the commencement of such negotiations and a 
     plan to negate the FOCI resulting from the transaction.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

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

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

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

     ``Sec. 440. Notifications and reports

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

     ``Sec. 440a. Definitions

       ``In this subchapter:
       ``(1) Entity.--The term `entity' includes a corporation, 
     company, association, firm, partnership, society, or joint 
     stock company, but does not include an individual.
       ``(2) Facility clearance.--The term `facility clearance', 
     with respect to an entity, means an

[[Page 10761]]

     administrative determination by the Secretary of Defense that 
     the entity is eligible for--
       ``(A) access to classified information; or
       ``(B) award of a classified contract.
       ``(3) Classified information.--The term `classified 
     information' means any information that has been determined 
     pursuant to Executive Order 12958 or any predecessor order to 
     require protection against unauthorized disclosure and is so 
     designated. The classifications `top secret', `secret', and 
     `confidential' are used to designate such information.
       ``(4) Classified contract.--The term `classified contract' 
     means any contract requiring access to classified information 
     by a contractor or the contractor's employees in the 
     performance of the contract or in any phase of precontract 
     activity or post-contract activity.
       ``(5) Covered controlled unclassified information.--The 
     term `covered controlled unclassified information' means 
     unclassified information the export of which--
       ``(A) is controlled, in the case of technical data that is 
     inherently military in nature, by the International Traffic 
     in Arms Regulations (ITAR); and
       ``(B) is controlled, in the case of technical data that has 
     both military and commercial uses, by the Export 
     Administration Regulations (EAR).''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new items:

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

                       Subtitle E--Other Matters

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

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

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

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

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

     SEC. 842. EXPANSION OF AUTHORITY TO RETAIN FEES FROM 
                   LICENSING OF INTELLECTUAL PROPERTY.

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

     SEC. 843. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO 
                   MILESTONE A AND MILESTONE B FOR CLARITY.

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

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

     SEC. 844. EARNED VALUE MANAGEMENT STUDY AND REPORT.

       (a) Study.--The Secretary of Defense shall conduct a study 
     that--
       (1) assesses weaknesses in earned value management 
     implementation, including a review of the methodology, 
     accuracy of data, training, and information technology 
     systems used to develop earned value management data;
       (2) audits the accuracy of the earned value management data 
     provided by vendors to the Federal Government concerning 
     acquisition categories I and II programs; and
       (3) measures the success of utilizing earned value 
     management to deliver program objectives.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the appropriate committees a report that--
       (1) identifies recommendations for improving the 
     implementation of earned value management, including 
     alternatives; and
       (2) contains the findings of the study conducted under 
     subsection (a).
       (c) Definitions.--In this section:
       (1) Appropriate committees.--The term ``appropriate 
     committees'' means the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives.
       (2) Earned value management.--The term ``earned value 
     management'' has the meaning given that term in section 300 
     of part 7 of Office of Management and Budget Circular A-11.

     SEC. 845. REPORT ON MARKET RESEARCH.

       (a) Report Required.--Not later than October 1, 2009, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the market research conducted by the Secretary in 
     implementing section 2377 of title 10, United States Code.
       (b) Sample Examined.--For purposes of the report, the 
     Secretary shall examine a representative sample of contracts 
     and task or delivery orders, each of which--
       (1) is for an amount in excess of $5,000,000; and
       (2) is for the acquisition of a mission critical or a 
     complex military system in which computer software is a 
     component or subcomponent.
       (c) Matters Covered.--The report shall contain the 
     following:
       (1) A statement of the total number of contracts and task 
     or delivery orders awarded in fiscal year 2007 for a mission 
     critical or complex military system in which software is a 
     component or subcomponent.
       (2) A statement of the number of contracts and task or 
     delivery orders in the sample examined for purposes of the 
     report (as described in subsection (b)), and a description of 
     those contracts and orders.
       (3) For the sampled contracts and orders, a description of 
     how often market research was performed on the sampled 
     contracts and orders.
       (4) For the sampled contracts and orders, a description of 
     whether a Government employee or a contractor employee 
     performed the market research and how the market research was 
     performed.
       (5) For the sampled contracts and orders, an identification 
     of--
       (A) instances when the market research identified software 
     that was available as a commercial item and that could be 
     used to meet the Government's requirements;
       (B) instances when the software was modified or proposed to 
     be modified to meet the Department's requirements; or
       (C) instances when the Department's requirements were 
     modified to meet the capability of the commercial item 
     software.
       (6) An identification of the training tools the Secretary 
     of Defense has developed to assist contracting officials in 
     performing market research.
       (7) An identification of actions the Department of Defense 
     intends to take to further implement section 2377 of title 
     10, United States

[[Page 10762]]

     Code, and section 826(b) of the National Defense 
     Authorization Act for Fiscal year 2007 (Public Law 110-181; 
     10 U.S.C. 2377 note), including dissemination of best 
     practices and corrective actions where necessary.

     SEC. 846. SYSTEM DEVELOPMENT AND DEMONSTRATION BENCHMARK 
                   REPORT.

       (a) System Development and Demonstration Benchmark 
     Report.--
       (1) Benchmark report required.--The Secretary of a military 
     department shall submit a system development and 
     demonstration benchmark report as an annex to the baseline 
     description required in section 2435 of title 10, United 
     States Code, for each major defense acquisition program 
     identified in subsection (b). Such a system development and 
     demonstration benchmark report shall be based upon the most 
     recent contractor proposal, the capabilities development 
     document, and the systems requirements document approved 
     prior to Milestone B approval and shall include the following 
     information:
       (A) The key performance parameters and technical 
     requirements identified in the capabilities development 
     document and systems requirements document.
       (B) A detailed description of performance capabilities 
     proposed by the contractor, matched to the capabilities and 
     requirements in the capabilities development document and 
     systems requirements document.
       (C) A target cost for system development and demonstration, 
     excluding incentive or award fees and including both 
     government and non-government costs.
       (D) A detailed outline of negotiated contract incentive or 
     award fees.
       (E) A detailed outline of contract ceiling price, target 
     cost, target profit, and contract share line.
       (F) A schedule of key events.
       (G) An identification of critical technologies and 
     associated technology readiness levels estimated for each 
     upon both the initiation and the conclusion of system 
     development and demonstration.
       (H) Estimated percentage completion of detail design at 
     each scheduled design readiness review and the scheduled 
     Milestone C approval date.
       (I) A discussion of development risk and concurrency within 
     the program.
       (J) Any other factors that the milestone decision authority 
     considers relevant.
       (2) Timeline for submission of benchmark report.--A system 
     development and demonstration benchmark report for a major 
     defense acquisition program identified in subsection (b) 
     shall be submitted to the congressional defense committees 
     and prepared under this section--
       (A) not later than 30 days after the date of the enactment 
     of this Act, if the Department of Defense has entered into a 
     contract for system development and demonstration for such a 
     major defense acquisition program prior to the date of 
     enactment of this Act; or
       (B) in accordance with the requirements for the 
     establishment of a baseline description required by section 
     2435 of title 10, United States Code, in any other case.
       (3) Alterations.--No alterations or revisions may be made 
     to a system development and demonstration benchmark report 
     after the first such report is prepared in accordance with 
     paragraph (2).
       (b) Major Defense Acquisition Programs Included.--For the 
     purposes of this section, the major defense acquisition 
     programs to be included in the pilot program are the 
     following:
       (1) BAMS, broad area maritime surveillance unmanned aerial 
     vehicle.
       (2) CSAR-X, combat search and rescue helicopter.
       (3) JLTV, joint light tactical vehicle.
       (4) KC-45A, aerial refueling tanker.
       (5) VH-71, presidential helicopter, increment II.
       (6) Warrior-Alpha, unmanned aerial vehicle.
       (c) System Development and Demonstration Changes.--The 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics shall establish a Configuration Steering Board for 
     each major defense acquisition program identified in 
     subsection (b). The Board shall oversee any proposed 
     alteration to the requirements or to the proposed technical 
     configuration for such a major defense acquisition program 
     during system development and demonstration. If such an 
     alteration would increase the cost to the Government, extend 
     the schedule by more than 30 days, or alter the proposed 
     performance capabilities, as established in the system 
     development and demonstration baseline required by subsection 
     (a), the Configuration Steering Board shall not approve the 
     alteration until--
       (1) the chair of the Configuration Steering Board has 
     submitted to the congressional defense committees a written 
     description of the alteration and an explanation of the 
     rationale for the alteration; and
       (2) not less than 15 days have expired since the date of 
     submission of such description and explanation to those 
     committees.
       (d) Additional Reporting Requirements.--
       (1) In general.--The Secretary of a military department 
     shall submit a semi-annual contract performance assessment 
     report to the milestone decision authority and to the 
     congressional defense committees on each major defense 
     acquisition program identified in subsection (b). The report 
     shall be in unclassified form, but may have a classified 
     annex or an annex that is restricted to protect source 
     selection, business-sensitive, or proprietary information.
       (2) Contents.--Each such report shall describe contract 
     execution regarding contract cost performance, schedule 
     performance, and incentive or award fee reviews and outlays, 
     and an estimated cost at completion of the end item compared 
     to the system development and demonstration benchmark report 
     required in subsection (a)(1).
       (3) First report.--The first such report shall be submitted 
     not later than 180 days after--
       (A) system design and development contract award; or
       (B) after enactment of this Act in the case of a system 
     design and development contract that was awarded before the 
     date of the enactment of this Act.
       (4) Termination of reporting requirement.--The reporting 
     requirement shall terminate upon a full rate production 
     decision for each major defense acquisition program 
     identified in subsection (b).
       (e) Prohibition on Milestone C Approval.--(1) Except as 
     provided in paragraph (2), the Milestone C approval shall not 
     be granted if the milestone decision authority determines, on 
     the basis of a report submitted pursuant to subsection (d), 
     or has other reason to believe, that--
       (A) the cost (including any increase for expected inflation 
     or currency exchange rates) for system development and 
     demonstration has increased by more than 25 percent over the 
     system development and demonstration baseline established in 
     (a)(1), or
       (B) the schedule for key events is delayed by more than 15 
     percent of the total number of months between the award of 
     the system development and demonstration contract and the 
     scheduled Milestone C approval date, as provided in the 
     system development and demonstration baseline established in 
     subsection (a)(1).
       (2) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics may waive the prohibition in 
     paragraph (1) upon certification to the congressional defense 
     committees, along with supporting rationale, that proceeding 
     to low rate initial production is in the best interest of the 
     Department of Defense.
       (f) Definitions.--In this section:
       (1) Configuration steering board.--The term ``Configuration 
     Steering Board'' means the committee described in the 
     memorandum regarding Configuration Steering Boards from the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics dated July 30, 2007, for the secretaries of the 
     military departments, Chairman of the Joint Chiefs of Staff, 
     Under Secretaries of Defense, and Commander, U.S. Special 
     Operations Command.
       (2) Milestone b approval.--The term ``Milestone B 
     approval'' has the meaning provided in section 2366(e)(7) of 
     title 10, United States Code.
       (3) Milestone c approval.--The term ``Milestone C 
     approval'' has the meaning provided in section 2366(e)(8) of 
     title 10, United States Code;
       (4) Major defense acquisition program.--The term ``major 
     defense acquisition program'' has the meaning provided in 
     section 2430 of title 10, United States Code.

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

       Section 862(a)(2)(D) of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181) is amended--
       (1) by striking ``or'' at the end of clause (ii); and
       (2) by adding at the end the following new clauses:
       ``(iv) a weapon is discharged against personnel performing 
     private security functions in an area of combat operations or 
     personnel performing such functions believe a weapon was so 
     discharged; or
       ``(v) active, non-lethal countermeasures (other than the 
     discharge of a weapon) are employed by the personnel 
     performing private security functions in an area of combat 
     operations in response to a perceived immediate threat to 
     such personnel;''.

     SEC. 848. REPORT RELATING TO MUNITIONS.

       Not later than March 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     detailing how 60mm and 81mm munitions used by the Armed 
     Forces are procured, including, where relevant, an 
     explanation of the decision to procure such munitions from 
     non-domestic sources and the justification for awarding 
     contracts to non-domestic sources. The report shall also 
     include a plan to develop a domestic producer as the source 
     for 60mm and 81mm munitions used by the Armed Forces by 2012.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

[[Page 10763]]

                      Subtitle B--Space Activities

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

             Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                       Subtitle E--Other Matters

Sec. 941. Department of Defense School of Nursing revisions.
Sec. 942. Amendments of authority for regional centers for security 
              studies.
Sec. 943. Findings and Sense of Congress regarding the Western 
              Hemisphere Institute for Security Cooperation.
Sec. 944. Restriction on obligation of funds for United States Southern 
              Command development assistance activities.
Sec. 945. Authorization of non-conventional assisted recovery 
              capabilities.
Sec. 946. Report on United States Northern Command development of 
              interagency plans and command and control relationships.

              Subtitle A--Department of Defense Management

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

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

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

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

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

       (a) Requirement for Plan.--Not later than 30 days after the 
     date of the enactment of this Act, the commander of the 
     special operations command shall submit to the congressional 
     defense committees a plan relating to personnel management of 
     special operations forces.
       (b) Matters Covered.--The plan submitted under subsection 
     (a) shall address the following:
       (1) Coordination among the military departments in order to 
     enhance the manpower management and improve overall readiness 
     of special operations forces.
       (2) Coordination by the commander of the special operations 
     command with the Secretaries of the military departments in 
     order to better execute his responsibility to maintain 
     readiness of special operations forces, including in the 
     areas of accessions, assignments, compensation, promotions, 
     professional development, retention, sustainment, and 
     training.

     SEC. 904. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.

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

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

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

[[Page 10764]]

       ``(2) The Director shall have access to all records and 
     data in the Department of Defense (including the records and 
     data of each military department) necessary in order to 
     permit the Director to carry out the duties of the Director.
       ``(g) Staff.--The Director shall have a dedicated 
     professional staff of military and civilian personnel in a 
     number sufficient to enable the Director to carry out the 
     duties and responsibilities of the Director.
       ``(h) Definitions.--In this section:
       ``(1) Operational energy.--The term `operational energy' 
     means the energy required for moving and sustaining military 
     forces and weapons platforms for military operations. The 
     term includes energy used by tactical power systems and 
     generators and weapons platforms.
       ``(2) Operational energy strategy.--The terms `operational 
     energy strategy' and `strategy' mean the operational energy 
     strategy developed under subsection (d).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 139a the following new item:

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

     SEC. 905. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE 
                   MILITARY DEPARTMENTS.

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

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

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

     SEC. 907. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE 
                   A STRATEGIC PLAN TO ENHANCE THE ROLE OF THE 
                   NATIONAL GUARD AND RESERVES.

       (a) Plan.--Not later than April 1, 2009, the Secretary of 
     Defense, in consultation with the Chairman of the Joint 
     Chiefs of Staff and the Chief of the National Guard Bureau, 
     shall prepare a plan for enhancing the roles of the National 
     Guard and Reserve--
       (1) when federalized in the case of the National Guard, or 
     activated in the case of the Reserves, in support of 
     operations conducted under title 10, United States Code; and
       (2) in support of operations conducted under title 32, 
     United States Code, or in support of State missions.
       (b) Matters To Be Assessed.--In preparing the plan, the 
     Secretary shall assess--
       (1) the findings, conclusions, and recommendations of the 
     Final Report to Congress and the Secretary of Defense of the 
     Commission on the National Guard and Reserves, dated January 
     31, 2008, and titled ``Transforming the National Guard and 
     Reserves into a 21st-Century Operational Force''; and
       (2) the provisions of H.R. 5603 of the 110th Congress, as 
     introduced on March 13, 2008 (the National Guard Empowerment 
     and State-National Defense Integration Act of 2008).
       (c) Report.--Not later than April 1, 2009, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     plan required under this section. The report shall include 
     recommendations on--
       (1) any changes to the current Department of Defense 
     organization, structure, command relationships, budget 
     authority, procurement authority, and compensation and 
     benefits;
       (2) any legislation that the Secretary considers necessary; 
     and
       (3) any other matter the Secretary considers appropriate.

     SEC. 908. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE 
                   DEPARTMENT OF THE NAVY AND MARINE CORPS.

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

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

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

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

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

[[Page 10765]]

     the Department of the Navy shall be considered to be a 
     reference to the Department of the Navy and Marine Corps. Any 
     such reference to an office specified in subsection (b)(2) 
     shall be considered to be a reference to that officer as 
     redesignated by that section.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first month beginning more than 60 days after the date of the 
     enactment of this Act.

     SEC. 909. SUPPORT TO COMMITTEE REVIEW.

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

                      Subtitle B--Space Activities

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

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

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

       (a) Requirement.--The Secretary of Defense shall conduct an 
     assessment to determine a recommended investment and 
     acquisition strategy for commercial satellite capabilities.
       (b) Elements.--The assessment required under subsection (a) 
     shall include the following:
       (1) Review of national and defense policy relevant to the 
     requirements for, acquisition of, and use of commercial 
     satellite capabilities, and the relationship with commercial 
     satellite providers.
       (2) Assessment of the manner in which commercial satellite 
     capabilities are utilized by the Department of Defense and 
     options for expanding such utilization or identifying new 
     means to leverage commercial satellite capabilities, such as 
     hosting payloads.
       (3) Review of military requirements for satellite 
     communications and remote sensing by quantity, quality, 
     timeline, and any other metric considered appropriate.
       (4) Description of current and planned commercial satellite 
     capabilities and an assessment of their ability to meet the 
     requirements identified in paragraph (3).
       (5) Assessment of the ability of commercial satellite 
     capabilities to meet other military requirements not 
     identified in paragraph (3).
       (6) Description of the utilization of and resources 
     allocated to commercial satellite communications and remote 
     sensing in the past (past five years), present (current date 
     through Future Years Defense Plan (FYDP)), and future (beyond 
     the FYDP) to meet the requirements identified in paragraph 
     (3).
       (7) Assessment of purchasing patterns that may lead to 
     recommendations in which the Department may consolidate 
     requirements, centralize operations, aggregate purchases, or 
     leverage purchasing power (including the use of multiyear 
     contracting).
       (8) Assessment of various models for acquiring commercial 
     satellite capabilities, including funding, management, and 
     operations models.
       (c) Report.--
       (1) In general.--Not later than February 1, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report setting forth the results of the 
     assessment required under subsection (a) and provide 
     recommendations, to include--
       (A) the recommended investment and acquisition strategy or 
     strategies of the Department for commercial satellite 
     capabilities;
       (B) how the investment and acquisition strategy or 
     strategies should be addressed in fiscal years after fiscal 
     year 2009; and
       (C) a proposal for such legislative action as the Secretary 
     considers necessary to acquire appropriate types and amounts 
     of commercial satellite capabilities.
       (2) Form.--The report shall be in unclassified form, but 
     may include a classified annex.
       (d) Definitions.--In this section:
       (1) The term ``commercial satellite capabilities'' means 
     the system, capability, or service provided by a commercial 
     satellite provider.
       (2) The term ``commercial satellite provider'' refers to 
     privately owned and operated space systems, their technology, 
     components, products, data, services, and related 
     information, as well as foreign systems whose products and 
     services are sold commercially.

             Subtitle C--Chemical Demilitarization Program

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

       Section 172 of the National Defense Authorization Act for 
     Fiscal Year 1993 (50 U.S.C. 1521 note) is amended by adding 
     at the end the following:
       ``(i) Colorado and Kentucky Chemical Demilitarization 
     Citizens Advisory Commissions.--Notwithstanding subsections 
     (b), (f), and (g), and consistent with section 142 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (50 U.S.C. 1521 note) and section 8122 of the 
     Department of Defense Appropriations Act, 2003 (50 U.S.C. 
     1521 note), responsibilities for the Chemical 
     Demilitarization Citizens Advisory Commissions in Colorado 
     and Kentucky shall be transferred from the Secretary of the 
     Army to the Program Manager for Assembled Chemical Weapons 
     Alternatives. The Program Manager for Assembled Chemical 
     Weapons Alternatives shall ensure the ability to receive 
     citizen and State concerns regarding the ongoing chemical 
     destruction program in these States. A representative from 
     the Office of the Assistant to the Secretary of Defense for 
     Nuclear, Chemical, and Biological Defense Programs shall meet 
     with these commissions not less often than twice a year. 
     Funds appropriated for the Assembled Chemical Weapons 
     Alternatives Program shall be used for travel and associated 
     travel costs for these Citizens Advisory Commissioners, when 
     such travel is conducted at the invitation of the Department 
     of Defense Special Assistant for Chemical and Biological 
     Defense and Chemical Demilitarization Programs.''.

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

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

                Subtitle D--Intelligence-Related Matters

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

       (a) Technical Changes to United States Code.--
       (1) Title 5.--Title 5, United States Code, is amended by 
     striking ``National Imagery and Mapping Agency'' each place 
     it appears and inserting ``National Geospatial-Intelligence 
     Agency''.
       (2) Title 44.--Title 44, United States Code, is amended by 
     striking ``National Imagery and Mapping Agency'' each place 
     it appears and inserting ``National Geospatial-Intelligence 
     Agency''.
       (b) Technical Changes to Other Acts.--
       (1) Ethics in government act of 1978.--Section 105(a)(1) of 
     the Ethics in Government Act of 1978 (Public Law 95-521; 5 
     U.S.C. App. 4) is amended by striking ``National Imagery and 
     Mapping Agency'' and inserting ``National Geospatial-
     Intelligence Agency''.

[[Page 10766]]

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

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

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

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

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

                       Subtitle E--Other Matters

     SEC. 941. DEPARTMENT OF DEFENSE SCHOOL OF NURSING REVISIONS.

       (a) School of Nursing.--The text of section 2117 of title 
     10, United States Code, is amended to read as follows:
       ``(a) Establishment.--The Secretary of Defense shall 
     establish within the University a School of Nursing, not 
     later than July 1, 2010. It shall be so organized as to 
     graduate not less than 25 students with a bachelor of science 
     in nursing in the first class not later than June 30, 2012, 
     not less than 50 in the second class, and not less than 100 
     annually thereafter.
       ``(b) Minimum Requirement.--The School of Nursing shall 
     include, at a minimum, a program that awards a bachelor of 
     science in nursing.
       ``(c) Phased Development.--The development of the School of 
     Nursing may be by such phases as the Secretary may prescribe, 
     subject to the requirements of subsection (a).''.
       (b) Retired Nurse Corps Officer Demonstration Project.--
       (1) In general.--The Secretary of Defense may conduct a 
     demonstration project to encourage retired military nurses to 
     serve as faculty at civilian nursing schools.
       (2) Eligibility requirements.--
       (A) Individual.--An individual is eligible to participate 
     in the demonstration project if the individual--
       (i) is a retired nurse corps officer of one of the Armed 
     Forces;
       (ii) has had at least 26 years of active Federal 
     commissioned service before retiring; and
       (iii) possesses a doctoral or master degree in nursing that 
     qualifies the officer to become a full faculty member of an 
     accredited school of nursing.
       (B) Institution.--An accredited school of nursing is 
     eligible to participate in the demonstration project if the 
     school or its parent institution of higher education--
       (i) is a school of nursing that is accredited to award, at 
     a minimum, a bachelor of science in nursing and provides 
     educational programs leading to such degree;
       (ii) has a resident Reserve Officer Training Corps unit at 
     the institution of higher education that fulfils the 
     requirements of sections 2101 and 2102 of title 10, United 
     States Code;
       (iii) does not prevent ROTC access or military recruiting 
     on campus, as defined in section 983 of title 10, United 
     States Code;
       (iv) provides any retired nurse corps officer participating 
     in the demonstration project a salary and other compensation 
     at the level to which other similarly situated faculty 
     members of the accredited school of nursing are entitled, as 
     determined by the Secretary of Defense; and
       (v) agrees to comply with paragraph (4).
       (3) Compensation.--
       (A) The Secretary of Defense may authorize a Secretary of a 
     military department to authorize qualified institutions of 
     higher education to employ as faculty those eligible 
     individuals (as described in paragraph (2)) who are receiving 
     retired pay, whose qualifications are approved by the 
     Secretary and the institution of higher education concerned, 
     and who request such employment, subject to the following:
       (i) A retired nurse corps officer so employed is entitled 
     to receive the officer's retired pay without reduction by 
     reason of any additional amount paid to the officer by the 
     institution of higher education concerned. In the case of 
     payment of any such additional amount by the institution of 
     higher education concerned, the Secretary of the military 
     department concerned may pay to that institution the amount 
     equal to one-half the amount paid to the retired officer by 
     the institution for any period, up to a maximum of one-half 
     of the difference between the officer's retired pay for that 
     period and the active duty pay and allowances that the 
     officer would have received for that period if on active 
     duty. Payments by the Secretary concerned under this 
     paragraph shall be made from funds specifically appropriated 
     for that purpose.
       (ii) Notwithstanding any other provision of law contained 
     in title 10, title 32, or title 37, United States Code, such 
     a retired nurse corps officer is not, while so employed, 
     considered to be on active duty or inactive duty training for 
     any purpose.
       (4) Scholarships for nurse officer candidates.--For 
     purposes of the eligibility of an institution under paragraph 
     (2)(B)(v), the following requirements apply:
       (A) Each accredited school of nursing at which a retired 
     nurse corps officer serves on the faculty under this 
     subsection shall provide full academic scholarships to 
     individuals undertaking an educational program at such school 
     leading to a bachelor of science in nursing degree who agree, 
     upon completion of such program, to accept a commission as an 
     officer in the nurse corps of one of the Armed Forces.
       (B) The total number of scholarships provided by an 
     accredited school of nursing under subparagraph (A) for each 
     officer serving on the faculty of that school under this 
     subsection shall be such number as the Secretary of Defense 
     shall specify for purposes of this subsection.
       (C) Each accredited school of nursing shall pay to the 
     Department of Defense an amount equal to the value of the 
     scholarship for every nurse officer candidate who fails to be 
     accessed as a nurse corps officer into one of the Armed 
     Forces within one year of receiving a bachelor of science 
     degree in nursing from that school.
       (D) The Secretary concerned is authorized to discontinue 
     the demonstration project authorized in this subsection at 
     any institution of higher education that fails to fulfill the 
     requirements of subparagraph (C).
       (5) Report.--
       (A) Not later than 24 months after the commencement of any 
     demonstration project under this subsection, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on the demonstration project. The report shall 
     include a description of the project and a description of 
     plans for the continuation of the project, if any.
       (B) Elements.--The report shall also include, at a minimum, 
     the following:
       (i) The current number of retired nurse corps officers who 
     have at least 26 years of active Federal commissioned service 
     who would be eligible to participate in the program.
       (ii) The number of retired nurse corps officers 
     participating in the demonstration project.
       (iii) The number of accredited schools of nursing 
     participating in the demonstration project.
       (iv) The number of nurse officer candidates who have 
     accessed into the military as commissioned nurse corps 
     officers.
       (v) The number of scholarships awarded to nurse officer 
     candidates.
       (vi) The number of nurse officer candidates who have failed 
     to access into the military, if any.
       (vii) The amount paid to the Department of Defense in the 
     event any nurse officer candidates awarded scholarships by 
     the accredited school of nursing fail to access into the 
     military as commissioned nurse corps officers.
       (viii) The funds expended in the operation of the 
     demonstration project.
       (ix) The recommendation of the Secretary of Defense as to 
     whether the demonstration project should be extended.
       (6) Sunset.--The authority in this subsection shall expire 
     on June 30, 2014.
       (7) Definitions.--In this subsection, the terms ``school of 
     nursing'' and ``accredited'' have the meeting given those 
     terms in section 801 of the Public Health Service Act (42 
     U.S.C. 296).

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

       (a) In General.--Section 184(f) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(6) Funds available to the Department of Defense for a 
     Regional Center for any fiscal year

[[Page 10767]]

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

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

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

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

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

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

       (a) Non-Conventional Assisted Recovery Capabilities.--Upon 
     a determination by a combatant commander that an action is 
     necessary in connection with a non-conventional assisted 
     recovery effort, an amount not to exceed $20,000,000 of the 
     funds appropriated pursuant to an authorization of 
     appropriations or otherwise made available for ``Operation 
     and Maintenance, Navy'' may be used to establish, develop, 
     and maintain non-conventional assisted recovery capabilities.
       (b) Procedures.--The Secretary of Defense shall establish 
     procedures for the exercise of the authority under subsection 
     (a). The Secretary shall notify the congressional defense 
     committees of those procedures before any exercise of that 
     authority.
       (c) Authorized Activities.--Non-conventional assisted 
     recovery capabilities authorized under subsection (a) may, in 
     limited and special circumstances, include the provision of 
     support to foreign forces, irregular forces, groups, or 
     individuals in order to facilitate the recovery of Department 
     of Defense or Coast Guard military or civilian personnel, or 
     other individuals who, while conducting activities in support 
     of United States military operations, become separated or 
     isolated and cannot rejoin their units without the assistance 
     authorized in subsection (a). Such support may include the 
     provision of limited amounts of equipment, supplies, 
     training, transportation, or other logistical support or 
     funding.
       (d) Annual Report.--Not later than 30 days after the close 
     of each fiscal year during which subsection (a) is in effect, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on support provided under that 
     subsection during that fiscal year.
       (e) Limitation on Intelligence Activities.--This section 
     does not constitute authority to conduct a covert action, as 
     such term is defined in section 503(e) of the National 
     Security Act of 1947 (50 U.S.C. 413b(e)).
       (f) Limitation on Foreign Assistance Activities.--This 
     section does not constitute authority--

[[Page 10768]]

       (1) to build the capacity of foreign military forces or 
     provide security and stabilization assistance, as described 
     in sections 1206 and 1207 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3456 and 3458), respectively; and
       (2) to provide assistance that is otherwise prohibited by 
     any other provision in law, including any provision of law 
     relating to the control of exports of defense articles or 
     defense services.
       (g) Period of Authority.--The authority under this section 
     is in effect during each of the fiscal years 2009 through 
     2012.

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

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

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Policy relating to major combatant vessels of the strike 
              forces of the United States Navy.
Sec. 1014. National Defense Sealift Fund amendments.
Sec. 1015. Report on contributions to the domestic supply of steel and 
              other metals from scrapping of certain vessels.

                  Subtitle C--Counter-Drug Activities

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

                   Subtitle D--Boards and Commissions

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

                    Subtitle E--Studies and Reports

Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems 
              (MAFFS) in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Studies to analyze alternative models for acquisition and 
              funding of inter-connected cyberspace systems.
Sec. 1045. Report on nonstrategic nuclear weapons.
Sec. 1046. Study on national defense implications of section 1083.
Sec. 1047. Report on methods Department of Defense utilizes to ensure 
              compliance with Guam tax and licensing laws.

                 Subtitle F--Congressional Recognitions

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

                       Subtitle G--Other Matters

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

                     Subtitle A--Financial Matters

     SEC. 1001. GENERAL TRANSFER AUTHORITY.

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

     SEC. 1002. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR 
                   AFGHANISTAN.

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

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

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

[[Page 10769]]



     SEC. 1004. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

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

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

       Section 7310 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Report.--The Secretary of the Navy shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report any time it is determined that a 
     naval vessel (or any other vessel under the jurisdiction of 
     the Secretary) is to undergo work for the repair of the 
     vessel in a shipyard outside the United States or Guam. The 
     report shall be submitted at least 30 days before the repair 
     work begins and shall contain the following:
       ``(1) The justification under law for the repair in a 
     foreign shipyard.
       ``(2) The vessel to be repaired.
       ``(3) The shipyard where the repair work will be carried 
     out.
       ``(4) The cost of the repair.
       ``(5) The schedule for repair.
       ``(6) The homeport or location of the vessel prior to its 
     voyage for repair.''.

     SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE 
                   STRIKE FORCES OF THE UNITED STATES NAVY.

       Section 1012(c)(1) of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181) is amended by 
     adding at the end the following:
       ``(D) Amphibious assault ships, including dock landing 
     ships (LSD), amphibious transport-dock ships (LPD), 
     helicopter assault ships (LHA/LHD), and amphibious command 
     ships (LCC), if such vessels exceed 15,000 dead weight ton 
     light ship displacement.''.

     SEC. 1014. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

       Section 2218 of title 10, United States Code, is amended--
       (1) by striking subsection (j) and redesignating 
     subsections (k) and (l) as subsections (j) and (k), 
     respectively; and
       (2) in paragraph (2) of subsection (k) (as so 
     redesignated), by striking subparagraphs (B) thru (I) and 
     inserting the following new subparagraph (B):
       ``(B) Any other auxiliary vessel that was procured or 
     chartered with specific authorization in law for the vessel, 
     or class of vessels, to be funded in the National Defense 
     Sealift Fund.''.

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

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

                  Subtitle C--Counter-Drug Activities

     SEC. 1021. CONTINUATION OF REPORTING REQUIREMENT REGARDING 
                   DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 
                   FOREIGN COUNTER-DRUG ACTIVITIES.

       Section 1022(a) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-255), as most recently 
     amended by section 1024 of the National Defense Authorization 
     Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
     2383), is further amended by striking ``and February 15, 
     2008'' and inserting ``February 15, 2008, and February 15, 
     2009''.

     SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
                   PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
                   CONDUCTING COUNTER-TERRORISM ACTIVITIES.

       Section 1022(b) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 
     note), as amended by section 1021 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 304), is amended by striking ``2008'' and inserting 
     ``2009''.

     SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-
                   DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA 
                   AND CONTINUATION OF NUMERICAL LIMITATION ON 
                   ASSIGNMENT OF UNITED STATES PERSONNEL.

       Section 1021 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2042), as amended by section 1023 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2382), is further 
     amended--
       (1) in subsection (a), by striking ``2008'' and inserting 
     ``2009''; and
       (2) in subsection (c), by striking ``2008'' and inserting 
     ``2009''.

     SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE 
                   ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES 
                   OF CERTAIN FOREIGN GOVERNMENTS.

       (a) Extension of Authority.--Subsection (a)(2) of section 
     1033 of the National Defense Authorization Act for Fiscal 
     Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by 
     section 1021 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136, 117 Stat. 1593), 
     section 1022 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2137), and section 1022 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 304), is further amended by striking ``2008'' and 
     inserting ``2009''.
       (b) Additional Governments Eligible to Receive Support.--
     Subsection (b) of such section is amended by adding at the 
     end the following new paragraphs:
       ``(19) The Government of Guinea-Bissau.
       ``(20) The Government of Senegal.
       ``(21) The Government of Ghana.''.
       (c) Maximum Annual Amount of Support.--Subsection (e)(2) of 
     such section is amended--
       (1) by striking ``or'' after ``2006,''; and
       (2) by striking the period at the end and inserting ``, or 
     $65,000,000 during fiscal year 2009.''.
       (d) Condition on Provision of Support.--Subsection (f) of 
     such section is amended--
       (1) in paragraph (2), by inserting after ``In the case of'' 
     the following: ``funds appropriated for fiscal year 2009 to 
     carry out this section and''; and
       (2) in paragraph (4)(B), by striking ``Committee on 
     International Relations'' and inserting ``Committee on 
     Foreign Affairs''.
       (e) Counter-Drug Plan.--Subsection (h) of such section is 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``fiscal year 2004'' and inserting ``fiscal year 2009''; and
       (2) in subparagraph (7), by striking ``For the first fiscal 
     year'' and inserting ``For fiscal year 2009, and thereafter, 
     for the first fiscal year''.

     SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR 
                   COUNTER-NARCOTICS EFFORTS FOR WEST AFRICA AND 
                   THE MAGHREB.

       (a) Report Required.--Not later than March 1, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a comprehensive strategy of the Department 
     of the Defense with regard to counter-narcotics efforts in 
     Africa, with an emphasis on West Africa and the Maghreb. The 
     Secretary of Defense shall prepare the strategy in 
     consultation with the Secretary of State.
       (b) Matters To Be Included.--The comprehensive strategy 
     shall consist of a general overview and a separate detailed 
     section for each of the following:
       (1) The roles and missions of the Department of Defense in 
     support of the overall United States counter-narcotics policy 
     for Africa.
       (2) The priorities for the Department of Defense to meet 
     programmatic objectives one-year, three-years, and five-years 
     after the end of fiscal year 2009, including a description of 
     the expected allocation of resources of the Department of 
     Defense to accomplish these priorities.
       (3) The efforts to coordinate the counter-narcotics 
     activities of the Department of Defense

[[Page 10770]]

     with the counter-narcotics activities of the governments 
     eligible to receive support under section 1033 of the 
     National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 1881) and the counter-narcotics 
     activities in Africa of European countries and other 
     international and regional partners.
       (c) Plans.--The comprehensive strategy shall also include 
     the following plans:
       (1) A detailed and comprehensive plan to utilize the 
     capabilities and assets of Joint Inter-Agency Task Force-
     South of the United States Southern Command for the counter-
     narcotics efforts and activities of the United States Africa 
     Command on a temporary basis until the United States Africa 
     Command develops its own commensurate capabilities and 
     assets, including in the plan a description of what measures 
     will be taken to effectuate the transition of the missions, 
     which are accomplished using such capabilities and assets, 
     from Joint Inter-Agency Task Force-South to United States 
     Africa Command.
       (2) A detailed and comprehensive plan to enhance 
     cooperation with certain African countries, which are often 
     geographically contiguous to other African countries that 
     have a significant narcotics-trafficking challenges, to 
     increase the effectiveness of the counter-narcotics 
     activities of the Department of Defense and its international 
     and regional partners.

     SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR 
                   COUNTER-NARCOTICS EFFORTS IN SOUTH AND CENTRAL 
                   ASIAN REGIONS.

       (a) Report Required.--Not later than March 1, 2009, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a comprehensive strategy of the Department 
     of the Defense with regard to counter-narcotics efforts in 
     the South and Central Asian regions, including the countries 
     of Afghanistan, Turkmenistan, Tajikistan, Kyrgyzstan, 
     Kazakhstan, Pakistan, and India, as well as the countries of 
     Armenia, Azerbaijan, and China.
       (b) Matters to Be Included.--The comprehensive strategy 
     shall consist of a general overview and a separate detailed 
     section for each of the following:
       (1) The roles and missions of the Department of Defense in 
     support of the overall United States counter-narcotics policy 
     for countries of the South and Central Asian regions and the 
     other countries specified in subsection (a).
       (2) The priorities for the Department of Defense to meet 
     programmatic objectives for fiscal year 2010, including a 
     description of the expected allocation of resources of the 
     Department of Defense to accomplish these priorities.
       (3) The ongoing and planned counter-narcotics activities 
     funded by the Department of Defense for such regions and 
     countries, including a description of the accompanying 
     allocation of resources of the Department of Defense to carry 
     out these activities.
       (4) The efforts to coordinate the counter-narcotics 
     activities of the Department of Defense with the counter-
     narcotics activities of such regions and countries and the 
     counter-narcotics activities of other international partners 
     in such regions and countries.
       (5) The specific metrics used by the Department of Defense 
     to evaluate progress of activities to reduce the production 
     and trafficking of illicit narcotics in such regions and 
     countries.

                   Subtitle D--Boards and Commissions

     SEC. 1031. STRATEGIC COMMUNICATION MANAGEMENT BOARD.

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

     SEC. 1032. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL 
                   COMMISSION ON THE STRATEGIC POSTURE OF THE 
                   UNITED STATES.

       (a) Extension of Dates.--Section 1062 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181) is amended--
       (1) in subsection (e) by striking ``December 1, 2008'' and 
     inserting ``March 1, 2009''; and
       (2) in subsection (g) by striking ``June 1, 2009'' and 
     inserting ``September 30, 2009''.
       (b) Interim Report.--Not later than December 1, 2008, the 
     Congressional Commission on the Strategic Posture of the 
     United States shall submit to the President, the Secretary of 
     Defense, the Secretary of Energy, the Secretary of State, the 
     Committee on Armed Services of the Senate, and the Committee 
     on Armed Services of the House of Representatives an interim 
     report on the commission's initial findings, conclusions, and 
     recommendations. To the extent practicable, the interim 
     report shall address the matters required to be included in 
     the report under subsection (e) of such section 1062.

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

       (a) Extension.--Section 1409 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-348; 
     50 U.S.C. 2301 note), as amended by section 1052(j) of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3435), is amended by striking 
     ``The Commission shall terminate'' and all that follows 
     through the period at the end and inserting ``The Commission 
     shall terminate March 31, 2012.''.
       (b) Annual Reports.--Section 1403 of that Act (114 Stat. 
     1654A-346; 50 U.S.C. 2301 note), as amended by section 
     1052(f) of the National Defense Authorization Act for Fiscal 
     Year 2006 (Public Law 109-163; 119 Stat. 3434), is amended by 
     adding at the end the following:
       ``(c) Annual Reports.--The Commission shall, not later than 
     March 1 of each of years 2010, 2011, and 2012, submit to 
     Congress a report--
       ``(1) assessing the changes to the vulnerability of United 
     States military systems and critical civilian infrastructures 
     resulting from the EMP threat and changes in the threat;
       ``(2) describing the progress, or lack of progress, in 
     protecting United States military systems and critical 
     civilian infrastructures from EMP attack; and
       ``(3) containing recommendations to address the threat and 
     protect United States military systems and critical civilian 
     infrastructures from attack.''.
       (c) Funding.--Section 1408 of that Act (114 Stat. 1654A-
     348; 50 U.S.C. 2301 note), as amended by section 1052(i) of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3435), is amended by adding at 
     the end the following: ``Such funds shall not exceed 
     $3,000,000 per fiscal year.''.
       (d) Additional Members.--Effective as of the date that is 
     90 days after the date of the enactment of this Act--
       (1) section 1401 of that Act (114 Stat. 1654A-346; 50 
     U.S.C. 2301 note), as amended by section 1052(d) of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3434), is amended by striking 
     subsections (c) and (d) and inserting the following:
       ``(c) Composition.--
       ``(1) In general.--The Commission shall be composed of 
     eleven members.
       ``(2) DOD and fema members.--Seven of the members shall be 
     appointed by the Secretary of Defense, and two of the members 
     shall be appointed by the Director of the Federal Emergency 
     Management Agency. In the event of a vacancy in the 
     membership of the Commission under this paragraph, the 
     Secretary of Defense shall appoint a new member. In selecting 
     individuals for appointment to the Commission, the Secretary 
     of Defense shall consult with the chairmen and ranking 
     minority members of the Committees on Armed Services of the 
     Senate and House of Representatives.
       ``(3) FCC and hhs members.--One of the members shall be 
     appointed by the Chairman of the Federal Communications 
     Commission, and one of the members shall be appointed by the 
     Secretary of Health and Human Services. In the event of a 
     vacancy in the membership of the Commission under this 
     paragraph, the vacancy shall be filled in the same manner as 
     the original appointment under this paragraph. In selecting 
     an individual for appointment to the Commission, the Chairman 
     of the Federal Communications Commission shall consult with 
     the chairmen and ranking minority members of the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives. In selecting an individual for appointment 
     to the Commission, the Secretary of Health and Human Services 
     shall consult with the chairmen and ranking minority members 
     of the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives.
       ``(d) Qualifications.--Members of the Commission appointed 
     by the Secretary of Defense and the Director of the Federal 
     Emergency Management Agency shall be appointed from among 
     private United States citizens with

[[Page 10771]]

     knowledge and expertise in the scientific, technical, and 
     military aspects of electromagnetic pulse effects referred to 
     in subsection (b). The member of the Commission appointed by 
     the Chairman of the Federal Communications Commission shall 
     be appointed from among private United States citizens with 
     knowledge and expertise in telecommunications, network 
     infrastructure and management, information services, and 
     emergency preparedness communications. The member of the 
     Commission appointed by the Secretary of Health and Human 
     Services shall be appointed from among private United States 
     citizens with knowledge and expertise in public health, 
     including preparedness for, and response to, public health 
     emergencies.''; and
       (2) section 1405 of that Act (114 Stat. 1654A-347; 50 
     U.S.C. 2301 note) is amended in subsection (b)(1) by striking 
     ``Five'' and inserting ``Six''.

                    Subtitle E--Studies and Reports

     SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

       (a) Report Required.--The Secretary of Defense, acting 
     through the Director of Corrosion Policy and Oversight, shall 
     prepare and submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on corrosion 
     control and prevention in weapons systems and equipment.
       (b) Matters Covered.--The report shall include the comments 
     and recommendations of the Department of Defense regarding 
     potential improvements in corrosion control and prevention 
     through earlier planning. In particular, the report shall 
     include an evaluation and business case analysis of options 
     for improving corrosion control and prevention in the 
     requirements and acquisition processes of the Department of 
     Defense for weapons systems and equipment. The evaluation 
     shall include an analysis of the impact of such potential 
     improvements on system acquisition costs and life cycle 
     sustainment. The options for improved corrosion control and 
     prevention shall include corrosion control and prevention--
       (1) as a key performance parameter for assessing the 
     selection of materials and processes;
       (2) as a key performance parameter for sustainment;
       (3) as part of the capability development document in the 
     joint capabilities integration and development system; and
       (4) as a requirement for weapons systems managers to assess 
     their corrosion control and prevention requirements over a 
     system's life cycle and incorporate the results into their 
     acquisition strategies prior to issuing a solicitation for 
     contracts.
       (c) Deadline.--The report shall be submitted not later than 
     February 1, 2009.
       (d) Review by Comptroller General.--The Comptroller General 
     shall review the report required under subsection (a), 
     including the methodology used in the Department's analysis, 
     and shall provide the results of the review to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives not later than 60 days after the Department 
     submits the report.

     SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING 
                   SYSTEMS (MAFFS) IN A FEDERAL RESPONSE TO 
                   WILDFIRES.

       (a) In General.--The Secretary of Defense shall carry out a 
     study to determine--
       (1) how to utilize the Department's Modular Airborne Fire 
     Fighting Systems (MAFFS) in all contingencies where there is 
     a Federal response to wildfires; and
       (2) how to decrease the costs of using the Department's 
     MAFFS when supporting National Interagency Fire Center (NIFC) 
     fire fighting operations.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the results of 
     the study.

     SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.

       (a) Study Required.--The Secretary of Defense and the 
     Chairman of the Joint Chiefs of Staff shall carry out a study 
     on Department of Defense rotorcraft survivability. The study 
     shall--
       (1) with respect to actual losses of rotorcraft in combat--
       (A) identify the rates of such losses from 1965 through 
     2008, measured in total annual losses by type of aircraft and 
     by cause, with rates for loss per flight hour and loss per 
     sortie provided;
       (B) identify by category of hostile action (such as small 
     arms, Man-Portable Air Defense Systems, and so on), the 
     causal factors for the losses; and
       (C) propose candidate solutions for survivability (such as 
     training, tactics, speed, countermeasures, maneuverability, 
     lethality, technology, and so on), in a prioritized list with 
     explanations, to mitigate each such causal factor, along with 
     recommended funding adequate to achieve rates at least equal 
     to the experience in the Vietnam conflict;
       (2) with respect to actual losses of rotorcraft in combat 
     theater not related to hostile action--
       (A) identify the causal factors of loss in a ranked list; 
     and
       (B) propose candidate solutions for survivability (such as 
     training, tactics, speed, countermeasures, maneuverability, 
     lethality, technology, and so on), in a prioritized list, to 
     mitigate each such causal factor, along with recommended 
     funding adequate to achieve the Secretary's Mishap Reduction 
     Initiative goal of not more than 0.5 mishaps per 100,000 
     flight hours;
       (3) with respect to losses of rotorcraft in training or 
     other non-combat operations during peacetime or interwar 
     years--
       (A) identify by category (such as inadvertent instrument 
     meteorological conditions, wire strike, and so on) the causal 
     factors of loss in a ranked list; and
       (B) identify candidate solutions for survivability and 
     performance (such as candidate solutions referred to in 
     paragraph (2)(B) as well as maintenance, logistics, systems 
     development, and so on) in a prioritized list, to mitigate 
     each such causal factor, along with recommended funding 
     adequate to achieve the goal of rotorcraft loss rates to non-
     combat causes being reduced to 1.0;
       (4) identify the key technical factors (causes of mishaps 
     that are not related to human factors) negatively impacting 
     the rotorcraft mishap rates and survivability trends, to 
     include reliability, availability, maintainability, and other 
     logistical considerations; and
       (5) identify what TACAIR is and has done differently to 
     have such a decrease in losses per sortie when compared to 
     rotorcraft, to include--
       (A) examination of aircraft, aircraft maintenance, 
     logistics, operations, and pilot and operator training;
       (B) an emphasis on the development of common service 
     requirements that TACAIR has implemented already which are 
     minimizing losses within TACAIR; and
       (C) candidate solutions, in a prioritized list, to mitigate 
     each causal factor with recommended funding adequate to 
     achieve the goal of rotorcraft loss rates stated above.
       (b) Report.--Not later than August 1, 2009, the Secretary 
     and the Chairman shall submit to the congressional defense 
     committees a report on the results of the study.

     SEC. 1044. STUDIES TO ANALYZE ALTERNATIVE MODELS FOR 
                   ACQUISITION AND FUNDING OF INTER-CONNECTED 
                   CYBERSPACE SYSTEMS.

       (a) Studies Required.--
       (1) FFRDC.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall enter 
     into a contract with an independent federally funded research 
     and development center (FFRDC) to carry out a comprehensive 
     study of policies, procedures, organization, and regulatory 
     constraints affecting the acquisition of technologies 
     supporting network-centric operations. The contract shall be 
     funded from amounts appropriated or otherwise made available 
     to the Secretary for fiscal year 2009 for operation and 
     maintenance, Defense-wide.
       (2) Joint chiefs of staff.--Concurrently, the Chairman of 
     the Joint Chiefs of Staff shall carry out a comprehensive 
     study of the same subjects covered by paragraph (1). The 
     study shall be independent of the study required by paragraph 
     (1) and shall be carried out in conjunction with the military 
     departments and in coordination with the Secretary of 
     Defense.
       (b) Matters To Be Addressed.--Each study required by 
     subsection (a) shall address the following matters:
       (1) Development of a taxonomy for understanding the 
     different yet key foundational components that contribute to 
     network-centric operations, such as data transport, 
     processing, storage, data collection, and dissemination.
       (2) Mapping ongoing acquisition programs to this taxonomy.
       (3) Development of alternative acquisition and funding 
     models utilizing this network-centric taxonomy, which might 
     include--
       (A) a model under which a joint entity independent of any 
     military service (such as the Joint Staff) is established 
     with responsibility and control of all funding for the 
     acquisition of technologies for network-centric operations, 
     and with authority to oversee the incorporation of such 
     technologies into the acquisition programs of the military 
     departments;
       (B) a model under which an executive agent is established 
     that would manage and oversee the acquisition of technologies 
     for network-centric operations, but would not have exclusive 
     ownership or control of funding for such programs;
       (C) a model under which the current approach to the 
     acquisition and funding of technologies supporting network-
     centric operations is maintained; and
       (D) any other models that the entity carrying out the study 
     considers relevant and deserving of consideration.
       (4) An analysis of each of the alternative models under 
     paragraph (3) with respect to potential gains in--
       (A) information sharing (collecting, processing, 
     disseminating);
       (B) network commonality;
       (C) common communications;
       (D) interoperability;
       (E) mission impact and success; and
       (F) cost effectiveness.
       (5) An evaluation of each of the alternative models under 
     paragraph (3) with respect to feasibility, including 
     identification of legal, policy, or regulatory barriers that 
     would impede implementation.
       (c) Report Required.--Not later than September 30, 2009, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the results of the studies 
     required by subsection (a). The report shall include the 
     findings and recommendations of the studies and any 
     observations and comments that the Secretary considers 
     appropriate.
       (d) Network-Centric Operations Defined.--In this section, 
     the term ``network-centric operations'' refers to the ability 
     to exploit all human and technical elements of the Joint 
     Force and mission partners through the full integration of 
     collected information, awareness, knowledge, experience, and 
     decision-making, enabled by secure access and distribution, 
     all to

[[Page 10772]]

     achieve agility and effectiveness in a dispersed, 
     decentralized, dynamic, or uncertain operational environment.

     SEC. 1045. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

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

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

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

     SEC. 1047. REPORT ON METHODS DEPARTMENT OF DEFENSE UTILIZES 
                   TO ENSURE COMPLIANCE WITH GUAM TAX AND 
                   LICENSING LAWS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of the Navy and the Joint Guam Program Office, 
     shall submit to the congressional defense committees a report 
     on the steps that the Department is taking to ensure that all 
     contractors of the Department performing work on Guam comply 
     with local tax and licensing requirements. The report shall--
       (1) include what language will be utilized in contract 
     documents requiring compliance with local tax and licensing 
     laws;
       (2) identify what authorities the Department will use to 
     compliance with such local laws; and
       (3) also include the steps being taken by the Department to 
     partner with the Government of Guam Department of Revenue and 
     Taxation to ensure that there is transparency and a 
     coordination of effort to ensure that the local government 
     has visibility of contractors performing work on Guam.

                 Subtitle F--Congressional Recognitions

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

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

     SEC. 1052. SENSE OF CONGRESS IN HONOR OF THE HONORABLE JIM 
                   SAXTON, A MEMBER OF THE HOUSE OF 
                   REPRESENTATIVES.

       (a) Findings.--Congress makes the following findings:
       (1) Representative Hugh James ``Jim'' Saxton was elected in 
     November 1984 to fill both the unexpired term of Congressman 
     Edwin B. Forsythe in the 98th Congress, and the open seat for 
     the 99th Congress.
       (2) Representative Saxton is a senior member of the 
     Committee on Armed Services, having served on the committee 
     since 1989, and is today the ranking Member of its Air and 
     Land Forces Subcommittee in the 110th Congress, 2007-2008.
       (3) Representative Saxton is one of the few Members to have 
     ever represented a district that included active-duty Army, 
     Navy, and Air Force bases.
       (4) Representative Saxton served as Chairman of the 
     Military Installations and Facilities Subcommittee from 2001 
     to 2002, and Chairman of the Terrorism and Unconventional 
     Threats and Capabilities Subcommittee from 2003 to 2006.
       (5) Representative Saxton has served soldiers, sailors, 
     airmen, and Department of Defense civilians and military 
     families in New Jersey, the United States, and around the 
     world, regarding issues of fair pay, housing modernization, 
     benefits, health care, force protection, and other issues.
       (6) Representative Saxton worked diligently and 
     successfully to save all three military bases in southern New 
     Jersey--Fort Dix, McGuire Air Force Base, and Lakehurst Naval 
     Air Engineering Station.
       (7) Representative Saxton secured the future of the three 
     bases by having the foresight to encourage them to 
     participate in multiple inter-service joint projects and 
     exercises for more than 10 years prior to the 2005 base 
     realignment and closure (BRAC) action that directed that they 
     become a single, joint installation, the Nation's only Army-
     Navy-Air Force base, to be stood-up in 2009 as Joint Base 
     McGuire-Dix-Lakehurst.
       (8) Representative Saxton has helped modernize Fort Dix, 
     McGuire Air Force Base, and

[[Page 10773]]

     Lakehurst Navy Base, by working with Secretaries and Chiefs 
     of the Army, Navy, Marines, and Air Force, and other 
     officials, and in particular the Army Reserve, Army National 
     Guard, National Guard Bureau, Air National Guard, Air 
     Mobility Command, and Air Force Reserve, to enhance the three 
     bases' national security missions and bring $1,800,000,000 in 
     infrastructure during his tenure.
       (9) Representative Saxton saved the 1,400-member 108th New 
     Jersey Air National Guard Air Refueling Wing from 
     dismantlement in 2005 by directing that newer KC-135R 
     Stratotanker aircraft be sent to replace retiring KC-135 E 
     model aircraft.
       (10) Representative Saxton saved the cargo airlift mission 
     of McGuire Air Force Base by bringing a squadron of C-17 
     Globemasters to McGuire after the mandatory retirement of all 
     of the bases' C-141 Starlifter transports, and worked to 
     procure many other C-17s for other bases across the country 
     to perform the Nation's airlift missions.
       (11) Representative Saxton took the leadership role in 
     bringing the mothballed battleship USS New Jersey home to the 
     Delaware River from where it was launched in 1943, so it 
     could become a naval museum and monument to the 20th Century 
     conflicts in which the dreadnought served.
       (12) Representative Saxton, a long time advocate of anti 
     terrorism efforts, served as the Chairman of the House Task 
     Force on Terrorism and Unconventional Warfare from 1996 to 
     2003.
       (13) Representative Saxton in 1998 helped create and later 
     expand the Weapons of Mass Destruction Civil Support Teams 
     (WMD-CST) program in the National Guard, ultimately leading 
     to a WMD-CST in each State and territory to respond to 
     domestic terrorism.
       (14) Representative Saxton was appointed by the Speaker of 
     the House of Representatives in March 2000 to be chairman of 
     the Committee on Armed Services' newly formed Special 
     Oversight Panel on Terrorism, due to long advocacy of anti-
     terrorism preparedness.
       (15) Representative Saxton is a long-time supporter of the 
     warriors of the Special Operations Command (SOCOM), both 
     before and after the attacks of September 11, 2001, and has 
     met with special operators in Washington, DC, at SOCOM bases 
     in the United States, and in theater.
       (16) Representative Saxton worked for over a decade to 
     create the first terrorism subcommittee on the Committee on 
     Armed Services, becoming its first chairman when the 
     Subcommittee on Terrorism and Unconventional Threats and 
     Capabilities organized in 2003 with oversight of United 
     States elite forces, including Army Rangers, Green Berets, 
     Navy SEALS, and Marine Special Forces.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Honorable Jim Saxton, Representative from New Jersey, has 
     discharged his official duties with integrity and 
     distinction, has served the House of Representatives and the 
     American people selflessly, and deserves the sincere and 
     humble gratitude of Congress and the Nation.

     SEC. 1053. SENSE OF CONGRESS HONORING THE HONORABLE TERRY 
                   EVERETT.

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

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

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

                       Subtitle G--Other Matters

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

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

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

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

     SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) The table of sections at the beginning of chapter 2 is 
     amended by inserting after the item relating to 118a the 
     following new item:

``118b. Quadrennial roles and missions review.''.

       (2) The table of sections at the beginning of chapter 5 is 
     amended in the item relating to section 156 by inserting a 
     period at the end.
       (3) The table of sections at the beginning of chapter 7 is 
     amended in the item relating to section 183 by inserting a 
     period at the end.
       (4) Section 1477(e) is amended by inserting a period at the 
     end.
       (5) Section 2192a is amended--
       (A) in subsection (e)(4), by striking ``title 11, United 
     States Code,'' and inserting ``title 11''; and
       (B) in subsection (f), by striking ``title 10, United 
     States Code'' and inserting ``this title''.
       (6) The table of chapters at the beginning of subtitle C of 
     such title, and the table of chapters at the beginning of 
     part IV of such subtitle, are each amended by striking the 
     item relating to chapter 667 and inserting the following new 
     item:

``667. Issue of Serviceable Material Other Than to Armed For7911''.....

       (b) National Defense Authorization Act for Fiscal Year 
     2008.--Effective as of January 28, 2008, and as if included 
     therein as enacted, the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181) is amended as 
     follows:
       (1) Section 371(c) is amended by striking `` `operational 
     strategies' '' and inserting `` `operational systems' ''.
       (2) Section 585(b)(3)(C) (122 Stat. 132) is amended by 
     inserting ``both places it appears'' before the period at the 
     end.
       (3) Section 703(b) is amended by striking ``as amended by'' 
     and inserting ``as inserted by''.

[[Page 10774]]

       (4) Section 805(a) is amended by striking
     ``Act ,'' and inserting ``Act,''.
       (5) Section 883(b) is amended by striking ``Section 
     832(c)(1) of such Act, as redesignated by subsection (a), is 
     amend by'' and inserting ``Section 832(b)(1) of such Act is 
     amended by''.
       (6) Section 890(d)(2) is amended by striking ``sections'' 
     and inserting ``parts''.
       (7) Section 904(a)(4) is amended by striking ``131(b)(2)'' 
     and inserting ``131(b)''.
       (8) Section 954(a)(3)(B) (122 Stat. 294) is amended by 
     inserting ``, as redesignated by section 524(a)(1)(A),'' 
     after ``of such title''.
       (9) Section 954(b)(2) (122 Stat. 294) is amended--
       (A) by striking ``2114(e) of such title'' and inserting 
     ``2114(f) of such title, as redesignated by section 
     524(a)(1)(A),''; and
       (B) by striking the period at the end and inserting ``and 
     inserting `President'.''.
       (10) Section 1063(d)(1) (122 Stat. 323) is amended by 
     striking ``semicolon'' and inserting ``comma''.
       (11) Section 1229(i)(3) (122 Stat. 383) is amended by 
     striking ``publically'' and inserting ``publicly''.
       (12) Section 1422(e)(2) (122 Stat. 422) is amended by 
     striking ``subsection (c)'' and inserting ``subsection 
     (c)(1)''.
       (13) Section 1602(4) (122 Stat. 432) is amended by striking 
     ``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
       (14) Section 1617(b) (122 Stat. 449) is amended by striking 
     ``by adding at the end'' and inserting ``by inserting after 
     the item relating to section 1074k''.
       (15) Section 2106 (122 Stat. 508) is amended by striking 
     ``for 2007'' both places it appears and inserting ``for 
     Fiscal Year 2007''.
       (16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by 
     striking ``the Army'' and inserting ``Army''.
       (c) Title 31, United States Code.--Title 31, United States 
     Code, is amended as follows:
       (1) Chapter 35 is amended by striking the first section 
     3557.
       (2) The second section 3557 is amended in the section 
     heading by striking ``Public-Private'' and inserting 
     ``public-private''.
       (3) The table of sections at the beginning of chapter 35 is 
     amended by striking the second item relating to section 3557.
       (d) Title 28, United States Code.--Section 1491(b) of title 
     28, United States Code, is amended by striking the first 
     paragraph (5).
       (e) Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005.--Section 721(e) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 1988; 10 U.S.C. 1092 note) is 
     amended by striking ``fiscal years 2005'' and all that 
     follows through ``2010'' and inserting ``fiscal years 2005 
     through 2010''.
       (f) Public Law 106-113.--Effective as of November 29, 1999, 
     and as if included therein as enacted, section 553 of the 
     Foreign Operations, Export Financing, and Related Programs 
     Appropriations Act, 2000 (as enacted into law by section 
     1000(a)(2) of Public Law 106-113 (113 Stat. 1535, 1501A-99)) 
     is amended by striking ``five-year period'' and inserting 
     ``eight-year period''.

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

       (a) Submission to Congress.--No activity relating to a 
     successor regulation to Army Regulation 190-8 Enemy Prisoners 
     of War, Retained Personnel, Civilian Internees and Other 
     Detainees (dated October 1, 1997) may be carried out until 
     the date that is 60 days after the date on which the 
     Secretary of Defense submits to the Committees on Armed 
     Services of the Senate and House of Representatives such 
     successor regulation.
       (b) Savings Clause.--Nothing in this section shall affect 
     the continued effectiveness of Army Regulation 190-8 Enemy 
     Prisoners of War, Retained Personnel, Civilian Internees and 
     Other Detainees (dated October 1, 1997).

     SEC. 1065. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO 
                   PORTUGUESE NATIONALS EMPLOYED BY THE DEPARTMENT 
                   OF DEFENSE.

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

     SEC. 1066. STATE DEFENSE FORCE IMPROVEMENT.

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

[[Page 10775]]

     Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''.
       (2) Conforming amendments.--Such section is further amended 
     in subsections (a), (b), and (c) by striking ``a State, the 
     Commonwealth of Puerto Rico, the District of Columbia, Guam, 
     or the Virgin Islands'' each place it appears and inserting 
     ``a State''.
       (d) Stylistic Amendments.--Such section is further 
     amended--
       (1) in subsection (a), by inserting ``Prohibition on 
     Maintenance of Other Troops.--'' after ``(a)'';
       (2) in subsection (b), by inserting ``Use Within State 
     Borders.--'' after ``(b)'';
       (3) in subsection (c), by inserting ``State Defense Forces 
     Authorized.--'' after ``(c)'';
       (4) in subsection (j), as redesignated by subsection 
     (a)(1), by inserting ``Effect of Membership in Defense 
     Forces.--'' after ``(j)''; and
       (5) in subsection (k), as redesignated by subsection 
     (a)(1), by inserting ``Prohibition on Reserve Component 
     Members Joining Defense Forces.--'' after ``(k)''.
       (e) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

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

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

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

     SEC. 1067. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.

       (a) Project Modification.--The project for hurricane and 
     storm damage reduction, Barnegat Inlet to Little Egg Inlet, 
     New Jersey, authorized by section 101(a)(1) of the Water 
     Resources Development Act of 2000 (114 Stat. 2576), is 
     modified to authorize the Secretary of the Army to undertake, 
     at Federal expense, such measures as the Secretary determines 
     to be necessary and appropriate in the public interest to 
     address the handling of munitions placed on the beach during 
     construction of the project before the date of enactment of 
     this section.
       (b) Treatment of Costs.--Costs incurred in carrying out 
     subsection (a) shall not be considered to be a cost of 
     constructing the project.
       (c) Credit.--The Secretary shall credit, in accordance with 
     section 221 of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5b), toward the non-Federal share of the cost of the 
     project the costs incurred by the non-Federal interest with 
     respect to the removal and handling of the munitions referred 
     to in subsection (a).
       (d) Eligible Activities.--Measures authorized by subsection 
     (a) include monitoring, removal, and disposal of the 
     munitions referred to in subsection (a).
       (e) Funding.--Of the amounts authorized to be appropriated 
     by section 301(13) of this Act, $7,175,000 is authorized to 
     carry out subsection (a).

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

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

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

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

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

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

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

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

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

     SEC. 1102. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE 
                   PAYMENTS.

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

     SEC. 1103. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE 
                   AUTHORITY OF DEPARTMENT OF DEFENSE.

       Section 3502(f)(5) of title 5, United States Code, is 
     amended by striking ``September 30, 2010'' and inserting 
     ``September 30, 2014''.

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

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

     SEC. 1105. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE 
                   PROFESSIONALS.

       (a) Expedited Hiring Authority.--Section 1599c(a) of title 
     10, United States Code, is amended--
       (1) by inserting ``(1)'' before ``The Secretary of Defense 
     may''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) For purposes of sections 3304, 5333, and 5753 of 
     title 5, the Secretary of Defense may--
       ``(i) designate any category of medical or health 
     professional positions within the Department of Defense as 
     shortage category positions; and
       ``(ii) utilize the authorities in such sections to recruit 
     and appoint highly qualified persons directly to positions so 
     designated.
       ``(B) In using the authority provided by this paragraph, 
     the Secretary shall apply the principles of preference for 
     the hiring of veterans and other persons established in 
     subchapter 1 of chapter 33 of title 5.''.
       (b) Termination of Authority.--Section 1599c(c) of such 
     title is amended--
       (1) by inserting ``(1)'' before ``The authority of'';
       (2) by striking ``September 30, 2010'' and inserting 
     ``September 30, 2012''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The Secretary may not appoint a person to a position 
     of employment under subsection (a)(2) after September 30, 
     2012.''.

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

       (a) Authority To Adjust Limitations on OSD Personnel.--
       (1) Section 143 of title 10, United States Code, is 
     amended--

[[Page 10776]]

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

     SEC. 1107. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT 
                   ALLOWANCES, BENEFITS, AND GRATUITIES TO 
                   PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.

       (a) In General.--Section 1603(a) of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 443) is amended--
       (1) by striking ``During fiscal years 2006, 2007, and 
     2008'' and inserting ``(1) During fiscal years 2006 
     (including the period beginning on October 1, 2005, and 
     ending on June 15, 2006), 2007, and 2008''; and
       (2) by adding at the end the following:
       ``(2) During fiscal years 2009, 2010, and 2011, the head of 
     an agency may, in the agency head's discretion, provide to an 
     individual employed by, or assigned or detailed to, such 
     agency allowances, benefits, and gratuities comparable to 
     those provided by the Secretary of State to members of the 
     Foreign Service under section 413 and chapter 9 of title I of 
     the Foreign Service Act of 1980, if such individual is on 
     official duty in a combat zone (as defined by section 112(c) 
     of the Internal Revenue Code of 1986).''.

[[Page 10777]]

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

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

     ``Sec. 3505. Furloughs within Department of Defense

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

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

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

       (a) Authority.--The Secretary of Defense may make 
     appointments to positions described in subsection (b) without 
     regard to the provisions of subchapter I of chapter 33 of 
     title 5, United States Code, other than sections 3303 and 
     3328 of such title.
       (b) Positions Described.--This section applies with respect 
     to any scientific or engineering position within a laboratory 
     identified in section 9902(c)(2) of title 5, United States 
     Code, appointment to which requires an advanced degree.
       (c) Limitation.--(1) Authority under this section may not, 
     in any calendar year and with respect to any laboratory, be 
     exercised with respect to a number of positions greater than 
     the number equal to 2 percent of the total number of 
     positions within such laboratory that are filled as of the 
     close of the fiscal year last ending before the start of such 
     calendar year.
       (2) For purposes of this subsection, positions shall be 
     counted on a full-time equivalent basis.
       (d) Employee Defined.--As used in this section, the term 
     ``employee'' has the meaning given such term by section 2105 
     of title 5, United States Code.
       (e) Termination.--The authority to make appointments under 
     this section shall not be available after December 31, 2013.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Extension of authority to build the capacity of the Pakistan 
              Frontier Corps.
Sec. 1202. Military-to-military contacts and comparable activities.
Sec. 1203. Enhanced authority to pay incremental expenses for 
              participation of developing countries in combined 
              exercises.
Sec. 1204. Extension of temporary authority to use acquisition and 
              cross-servicing agreements to lend military equipment for 
              personnel protection and survivability.
Sec. 1205. One-year extension of authority for distribution to certain 
              foreign personnel of education and training materials and 
              information technology to enhance military 
              interoperability.
Sec. 1206. Modification and extension of authorities relating to 
              program to build the capacity of foreign military forces.
Sec. 1207. Extension of authority for security and stabilization 
              assistance.
Sec. 1208. Authority for support of special operations to combat 
              terrorism.
Sec. 1209. Regional Defense Combating Terrorism Fellowship Program.

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                       Subtitle C--Other Matters

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

                  Subtitle A--Assistance and Training

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

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

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

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

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

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

     SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE 
                   ACQUISITION AND CROSS-SERVICING AGREEMENTS TO 
                   LEND MILITARY EQUIPMENT FOR PERSONNEL 
                   PROTECTION AND SURVIVABILITY.

       (a) Semiannual Reports to Congressional Committees.--
     Subsection (b)(3) of section 1202 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 120 Stat. 2412), as amended by section 1252 of 
     Public Law 110-181 (122 Stat. 402), is further amended by 
     adding at the end the following:
       ``(E) With respect to equipment provided to each foreign 
     force that is not returned to the United States, a 
     description of the terms of disposition of the equipment to 
     the foreign force.
       ``(F) The percentage of equipment provided to foreign 
     forces under the authority of this section that is not 
     returned to the United States.''.
       (b) Expiration.--Subsection (e) of such section is amended 
     by striking ``September 30, 2009'' and inserting ``September 
     30, 2010''.

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

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

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

       (a) Limitations.--Subsection (c)(1) of section 1206 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3456), as amended by section 
     1206 of Public Law 109-364 (120 Stat. 2418), is further 
     amended

[[Page 10778]]

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

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

       Section 1207(g) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458), as 
     amended by section 1210 of Public Law 110-181 (122 Stat. 
     369), is further amended by striking ``September 30, 2008'' 
     and inserting ``September 30, 2010''.

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

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

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

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

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

     SEC. 1209. REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP 
                   PROGRAM.

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

       (a) Limitation.--No funds appropriated pursuant to an 
     authorization of appropriations in this Act or any other Act 
     for any fiscal year may be obligated or expended for a 
     purpose as follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control of the oil resources 
     of Iraq.
       (b) Definition.--In this section, the term ``permanent 
     stationing of United States Armed Forces in Iraq'' means the 
     stationing of United States Armed Forces in Iraq on a 
     continuing or lasting basis, as distinguished from temporary, 
     although the basis may be permanent even though it may be 
     dissolved eventually at the request either of the United 
     States or of the Government of Iraq, in accordance with law.

     SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE 
                   UNITED STATES AND IRAQ.

       (a) Requirement for Report.--
       (1) In general.--(A) Not later than 90 days after the date 
     of the enactment of this Act, the President shall transmit to 
     the appropriate congressional committees a report on each 
     agreement between the United States and Iraq relating to--
       (i) the legal status of United States military personnel, 
     civilian personnel, and contractor personnel of contracts 
     awarded by any department or agency of the United States 
     Government;
       (ii) the establishment of or access to military bases;
       (iii) the rules of engagement under which United States 
     Armed Forces operate in Iraq; and
       (iv) any security commitment, arrangement, or assurance 
     that obligates the United States to respond to internal or 
     external threats against Iraq.
       (B) If, on the date that is 90 days after the date of the 
     enactment of this Act, no agreement between the United States 
     and Iraq described in subparagraph (A) has been completed, 
     the President shall notify the appropriate congressional 
     committees that no such agreement has been completed, and 
     shall transmit to the appropriate congressional committees 
     the report required under subparagraph (A) as soon as 
     practicable after such an agreement or agreements are 
     completed.
       (2) Update of report.--The President shall transmit to the 
     appropriate congressional committees an update of the report 
     required under paragraph (1) whenever an agreement between 
     the United States and Iraq relating to the matters described 
     in the report is entered into or is substantially revised.
       (b) Matters To Be Included.--The report required under 
     subsection (a) shall include, with respect to each agreement 
     described in subsection (a), the following:
       (1) A discussion of limits placed on United States combat 
     operations by the Government of Iraq, including required 
     coordination, if any, before such operations can be 
     undertaken.
       (2) An assessment of the extent to which conditions placed 
     on United States combat operations are greater than the 
     conditions under which United States Armed Forces operated 
     prior to the signing of the agreement, and any constraints 
     placed on United States military personnel, civilian 
     personnel, and contractor personnel of contracts awarded by 
     any department or agency of the United States Government as a 
     result of such conditions.
       (3) A discussion of the conditions under which United 
     States military personnel, civilian personnel, or contractor 
     personnel of contracts awarded by any department or agency of 
     the United States Government could be tried by an Iraqi court 
     for alleged crimes occurring both during the performance of 
     official duties and during other such times. The discussion 
     should include an assessment of the protections that such 
     personnel would be extended in an Iraqi court, if applicable.
       (4) An assessment of the protections accorded by the 
     agreement to third country nationals who carry out work for 
     the United States Armed Forces.
       (5) An assessment of authorities under the agreement for 
     United States Armed Forces and Coalition partners to 
     apprehend, detain, and interrogate prisoners and otherwise 
     collect intelligence.
       (6) A description and discussion of any security 
     commitment, arrangement, or assurance by the United States to 
     respond to internal or external threats against Iraq, 
     including the manner in which such commitment, arrangement, 
     or assurance may be implemented.
       (7) An assessment of any payments required under the 
     agreement to be paid to the Government of Iraq or other Iraqi 
     entities for rights, access, or support for bases and 
     facilities.
       (8) An assessment of any payments required under the 
     agreement for any claims for deaths and damages caused by 
     United States military personnel, civilian personnel, and 
     contractor personnel of contracts awarded by any department 
     or agency of the United States Government in the performance 
     of their official duties.
       (9) An assessment of any other provisions in the agreement 
     that would restrict the performance of the mission of United 
     States military personnel, civilian personnel, and contractor 
     personnel of contracts awarded by any department or agency of 
     the United States Government.
       (10) A discussion of how the agreement or modification to 
     the agreement was approved by the Government of Iraq, and if 
     this process was consistent with the Constitution of Iraq.
       (11) A description of the arrangements required under the 
     agreement to resolve disputes arising over matters contained 
     in the agreement or to consider changes to the agreement.
       (12) A discussion of the extent to which the agreement 
     applies to other Coalition partners.
       (13) A description of how the agreement can be terminated 
     by the United States or Iraq.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

[[Page 10779]]

       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.
       (e) Termination of Requirement.--The requirement to submit 
     the report and updates of the report under subsection (a) 
     terminates on September 30, 2013.

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

       (a) In General.--The President shall--
       (1) establish a strategy to ensure that United States-led 
     Provincial Reconstruction Teams (PRTs), including embedded 
     PRTs and Provincial Support Teams, in Iraq are supporting the 
     operational and strategic goals of Coalition Forces in Iraq; 
     and
       (2) establish measures of effectiveness and performance in 
     meeting PRT-specific work plans with clearly defined 
     objectives in furtherance of the strategy required under 
     paragraph (1).
       (b) Report.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and every 90 days thereafter 
     through the end of fiscal year 2010, the President shall 
     transmit to the appropriate congressional committees a report 
     on the implementation of the strategy required under 
     subsection (a) and an assessment of the specific 
     contributions PRTs are making in supporting the operational 
     and strategic goals of Coalition Forces in Iraq. The initial 
     report required under this subsection should include a 
     description of the strategy and a general discussion of the 
     measures of effectiveness and performance required under 
     subsection (a).
       (2) Inclusion in other report.--The report required under 
     this subsection may be included in the report required by 
     section 1227 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate.

     SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

       (a) Authority for Fiscal Years 2008 and 2009.--Subsection 
     (a) of section 1202 of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as 
     amended by section 1205 of Public Law 110-181 (122 Stat. 
     366), is further amended in the matter preceding paragraph 
     (1)--
       (1) by striking ``$977,441,000'' and inserting 
     ``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in 
     fiscal year 2009,''; and
       (2) by striking ``in such fiscal year''.
       (b) Limitation on Amounts for Iraq for Fiscal Year 2009.--
     Such section is further amended by adding at the end the 
     following:
       ``(f) Limitation on Amounts for Iraq for Fiscal Year 
     2009.--
       ``(1) Limitation.--The amount obligated and expended under 
     this section for the Commanders' Emergency Response Program 
     in Iraq for fiscal year 2009 may not exceed twice the amount 
     obligated by the Government of Iraq during calendar year 2008 
     under the Government of Iraq Commanders' Emergency Response 
     Program (commonly known as `I-CERP'), as established pursuant 
     to the Memorandum of Understanding Between the Supreme 
     Reconstruction Council of the Secretariat of Ministers and 
     the Multi-National Force-Iraq Concerning Implementation of 
     the Government of Iraq Commanders' Emergency Response Program 
     (I-CERP), signed by the parties on March 25, 2008, and April 
     3, 2008, respectively.
       ``(2) Waiver.--The Secretary of Defense may waive the 
     limitation under paragraph (1) if the Secretary of Defense--
       ``(A) determines that such a waiver is required to meet 
     urgent and compelling needs that would not otherwise be met 
     and which, if unmet, could rationally be expected to lead to 
     increased threats to United States military or civilian 
     personnel; and
       ``(B) submits in writing to the appropriate congressional 
     committees a notification of the waiver, together with a 
     discussion of--
       ``(i) the unmet urgent and compelling needs and the impact 
     on the threat level facing United States military or civilian 
     personnel, if the waiver is not exercised;
       ``(ii) efforts undertaken by the Department of Defense to 
     convince the Government of Iraq to provide funds to meet the 
     urgent and compelling needs and the reason these efforts were 
     unsuccessful; and
       ``(iii) efforts of the Department of Defense to convince 
     the Government of Iraq to provide additional funds in the 
     future to meet such urgent and compelling needs or to 
     undertake other measures to meet such needs on their own.
       ``(3) Appropriate congressional committees defined.--In 
     this subsection, the term `appropriate congressional 
     committees' means--
       ``(A) the Committees on Armed Services of the House of 
     Representatives and the Senate; and
       ``(B) the Committees on Appropriations of the House of 
     Representatives and the Senate.''.

     SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-
                   LED PROVINCIAL RECONSTRUCTION TEAMS IN 
                   AFGHANISTAN.

       (a) In General.--The President, acting through the 
     Secretary of Defense and the Secretary of State, shall 
     develop and implement a system to monitor the performance of 
     United States-led Provincial Reconstruction Teams (PRTs) in 
     Afghanistan.
       (b) Elements of Performance Monitoring System.--The 
     performance monitoring system required under subsection (a)--
       (1) shall include PRT-specific work plans that incorporate 
     the long-term strategy, mission, and clearly defined 
     objectives required by section 1230(c)(3) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 386); and
       (2) shall include comprehensive performance indicators and 
     measures of progress toward sustainable long-term security 
     and stability in Afghanistan, and include performance 
     standards and progress goals together with a notional 
     timetable for achieving such goals, consistent with the 
     requirements of section 1230(d) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 388).
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on the 
     implementation of the performance monitoring system required 
     under subsection (a).
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate.

     SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR 
                   MILITARY FORCES OPERATING IN AFGHANISTAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the command and control structure for military forces 
     operating in Afghanistan, which consist of North Atlantic 
     Treaty Organization (NATO) International Security Assistance 
     Force (ISAF) forces and separate United States forces 
     operating under Operation Enduring Freedom, should be 
     modified to better coordinate and de-conflict military 
     operations and achieve unity of command and unity of effort 
     whenever possible in Afghanistan.
       (b) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, or December 1, 2008, whichever 
     occurs later, the Secretary of Defense shall submit to the 
     appropriate congressional committees a report on the command 
     and control structure for military forces operating in 
     Afghanistan.
       (2) Matters to be included.--The report required under 
     paragraph (1) shall include the following:
       (A) A detailed description of efforts by the Secretary of 
     Defense, in coordination with senior leaders of NATO ISAF 
     forces, including the commander of NATO ISAF forces, to 
     modify the chain of command structure for military forces 
     operating in Afghanistan to better coordinate and de-conflict 
     military operations and achieve unity of command whenever 
     possible in Afghanistan, and the results of such efforts.
       (B) A comprehensive assessment of options for improving the 
     command and control structure for military forces operating 
     in Afghanistan, including--
       (i) the establishment by the United States Central Command 
     of a United States headquarters in Kabul, Afghanistan, led by 
     a commander holding the grade of lieutenant general, or in 
     the case of the Navy, vice admiral, and charged with--

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

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

[[Page 10780]]



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

       (a) Report Required.--Subsection (a) of section 1232 of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 392) is amended by striking 
     paragraph (5).
       (b) Notification Relating to Department of Defense 
     Coalition Support Funds for Pakistan.--Subsection (b)(1)(A) 
     of such section is amended by striking ``congressional 
     defense committees'' and inserting ``appropriate 
     congressional committees''.
       (c) Appropriate Congressional Committees Defined.--Such 
     section is further amended by adding at the end the 
     following:
       ``(c) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives; and
       ``(2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate.''.

     SEC. 1218. STUDY AND REPORT ON IRAQI POLICE TRAINING TEAMS.

       (a) Study.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State and the Government 
     of Iraq, shall conduct a study and submit to the appropriate 
     congressional committees a report containing the 
     recommendations of the Secretary of Defense on--
       (1) the number of advisors needed to sufficiently staff 
     enough Iraqi police training teams to cover a majority of the 
     approximately 1,100 Iraqi police stations in fiscal year 2009 
     and estimated levels in fiscal year 2010;
       (2) the funding required to staff the Iraqi police training 
     teams in fiscal year 2009 and estimated levels in fiscal year 
     2010; and
       (3) the feasibility of transferring responsibility for the 
     program to staff and support the Iraqi police training teams 
     from the Department of Defense to the Department of State.
       (b) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.

                       Subtitle C--Other Matters

     SEC. 1221. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL 
                   COOPERATION PROGRAMS.

       (a) In General.--Section 1051 of title 10, United States 
     Code, is amended--
       (1) in the heading, by striking ``Bilateral or regional'' 
     and inserting ``Bilateral, multilateral, or regional'';
       (2) in subsection (a), by striking ``bilateral or 
     regional'' and inserting ``bilateral, multilateral, or 
     regional'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``to and within'' and inserting ``to, from, 
     and within''; and
       (ii) by striking ``bilateral or regional'' and inserting 
     ``bilateral, multilateral, or regional''; and
       (B) in paragraph (2), by striking ``bilateral or regional'' 
     and inserting ``bilateral, multilateral, or regional''; and
       (4) by adding at the end the following:
       ``(e) Funds available under this section for fiscal year 
     2009 and subsequent fiscal years may be used for programs 
     that begin in such fiscal year but end in the next fiscal 
     year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 53 of such title is amended by striking 
     the item relating to section 1051 and inserting the 
     following:

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

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

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

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

       (a) Limitation.--
       (1) In general.--Subject to subsection (b), no funds 
     appropriated pursuant to an authorization of appropriations 
     in this Act or otherwise made available for the Department of 
     Defense for fiscal year 2009 or any fiscal year thereafter 
     may be obligated or expended under one or more contracts for 
     classified work between the Department of Defense and a 
     foreign-owned company if that company, or any parent, sister, 
     subsidiary, or affiliate of that company, is engaged with 
     China in the development, manufacture, or launch of ITAR-free 
     satellites.
       (2) Exception.--Paragraph (1) does not apply to a foreign-
     owned company if the Secretary of Defense, in consultation 
     with the Secretary of State, submits to Congress a 
     certification that--
       (A) no satellite or space launch vehicle technology, 
     technical information, or intellectual property gained by the 
     foreign-owned company through the contracts for classified 
     work referred to in paragraph (1) is being disclosed 
     (intentionally or unintentionally) in a manner that may 
     improve China's satellite, rocket, or missile capabilities; 
     and
       (B) it is in the national security interests of the 
     Department to continue to enter into contracts for classified 
     work with the foreign-owned company.
       (b) Study and Suspension of Limitation.--
       (1) Study.--The Secretary of Defense shall conduct a study 
     of the implications of imposing a limitation such as the 
     limitation in subsection (a) and shall provide the study to 
     the congressional defense committees not later than 60 days 
     after the date of the enactment of this Act.
       (2) Suspension of limitation.--The Secretary shall suspend 
     the application of the limitation in subsection (a) until--
       (A) the Secretary has completed the study required by 
     paragraph (1);
       (B) the Secretary has determined, as a result of the study, 
     that applying the limitation in subsection (a) promotes the 
     national interest; and
       (C) the Secretary has submitted to the Committees on Armed 
     Services of the Senate and House of Representatives a report 
     on the results of the study, including the rationale for the 
     determination described in subparagraph (B).
       (c) Definitions.--In this section:
       (1) The term ``ITAR-free satellite'' applies to a satellite 
     if no component of the satellite and no technical information 
     relating to the satellite is subject to export controls 
     specified in the International Traffic in Arms Regulations.
       (2) The term ``International Traffic in Arms Regulations'' 
     means those regulations contained in parts 120 through 130 of 
     title 22, Code of Federal Regulations (or successor 
     regulations).

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

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

[[Page 10781]]

       (G) numbers, types, and performance of systems which could 
     provide a means to deliver a nuclear warhead, estimated by 
     time periods of near, mid, and far-term epochs; and
       (H) a summary of assessments of other key nations, such as 
     Israel and France, of the Islamic Republic of Iran's nuclear 
     program, capabilities, and timelines for acquiring nuclear 
     weapons capabilities, and their judgment of the threat.
       (3) Notification.--The Secretary of Defense shall provide 
     the congressional defense committees with written 
     notification within 15 days of assessing that the Islamic 
     Republic of Iran produces enough enriched uranium or 
     plutonium for a nuclear weapon.
       (4) Definition.--In this subsection, the term ``nuclear 
     weapons capabilities'' means the nuclear material, 
     weaponization activities, and delivery system.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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

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

       (a) Specification of Cooperative Threat Reduction 
     Programs.--For purposes of section 301 and other provisions 
     of this Act, Cooperative Threat Reduction programs are the 
     programs specified in section 1501 of the National Defense 
     Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note), 
     as amended by section 1303 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 412).
       (b) Fiscal Year 2009 Cooperative Threat Reduction Funds 
     Defined.--As used in this title, the term ``fiscal year 2009 
     Cooperative Threat Reduction funds'' means the funds 
     appropriated pursuant to the authorization of appropriations 
     in section 301 for Cooperative Threat Reduction programs.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     the authorization of appropriations in section 301 for 
     Cooperative Threat Reduction programs shall be available for 
     obligation for fiscal years 2009, 2010, and 2011.

     SEC. 1302. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the $445,135,000 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2009 in section 301(19) for Cooperative 
     Threat Reduction programs, the following amounts may be 
     obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia, 
     $79,985,000.
       (2) For strategic nuclear arms elimination in Ukraine, 
     $6,400,000.
       (3) For nuclear weapons storage security in Russia, 
     $24,101,000.
       (4) For nuclear weapons transportation security in Russia, 
     $40,800,000.
       (5) For weapons of mass destruction proliferation 
     prevention in the states of the former Soviet Union, 
     $70,286,000.
       (6) For biological threat reduction in the former Soviet 
     Union, $184,463,000.
       (7) For chemical weapons destruction, $1,000,000.
       (8) For defense and military contacts, $8,000,000.
       (9) For new Cooperative Threat Reduction initiatives, 
     $10,000,000.
       (10) For activities designated as Other Assessments/
     Administrative Costs, $20,100,000.
       (b) Report on Obligation or Expenditure of Funds for Other 
     Purposes.--No fiscal year 2009 Cooperative Threat Reduction 
     funds may be obligated or expended for a purpose other than a 
     purpose listed in paragraphs (1) through (9) of subsection 
     (a) until 30 days after the date that the Secretary of 
     Defense submits to Congress a report on the purpose for which 
     the funds will be obligated or expended and the amount of 
     funds to be obligated or expended. Nothing in the preceding 
     sentence shall be construed as authorizing the obligation or 
     expenditure of fiscal year 2009 Cooperative Threat Reduction 
     funds for a purpose for which the obligation or expenditure 
     of such funds is specifically prohibited under this title or 
     any other provision of law.
       (c) Limited Authority To Vary Individual Amounts.--
       (1) In general.--Subject to paragraph (2), in any case in 
     which the Secretary of Defense determines that it is 
     necessary to do so in the national interest, the Secretary 
     may obligate amounts appropriated for fiscal year 2009 for a 
     purpose listed in paragraphs (1) through (9) of subsection 
     (a) in excess of the specific amount authorized for that 
     purpose.
       (2) Notice-and-wait required.--An obligation of funds for a 
     purpose stated in paragraphs (1) through (9) of subsection 
     (a) in excess of the specific amount authorized for such 
     purpose may be made using the authority provided in paragraph 
     (1) only after--
       (A) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (B) 15 days have elapsed following the date of the 
     notification.

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

Sec. 1421. Armed Forces Retirement Home.

          Subtitle D--Inapplicability of Executive Order 13457

Sec. 1431. Inapplicability of Executive Order 13457.

                     Subtitle A--Military Programs

     SEC. 1401. WORKING CAPITAL FUNDS.

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

     SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009 for the National Defense Sealift Fund in the amount 
     of $1,401,553,000.

     SEC. 1403. DEFENSE HEALTH PROGRAM.

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

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

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

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

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

     SEC. 1406. DEFENSE INSPECTOR GENERAL.

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

                 Subtitle B--National Defense Stockpile

     SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
                   FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     2009, the National Defense Stockpile Manager may obligate up 
     to $41,153,000 of the funds in the National Defense Stockpile 
     Transaction Fund established under subsection (a) of section 
     9 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98h) for the authorized uses of such funds under 
     subsection (b)(2) of such section, including the disposal of 
     hazardous materials that are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date on which Congress 
     receives the notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

[[Page 10782]]



     SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM 
                   THE NATIONAL DEFENSE STOCKPILE.

       (a) Fiscal Year 1999 Disposal Authority.--Section 
     3303(a)(7) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     50 U.S.C. 98d note), as most recently amended by section 
     1412(b) of the National Defense Authorization Act for Fiscal 
     Year 2008 (Public Law 110-181; 122 Stat. 418), is further 
     amended by striking ``$1,066,000,000 by the end of fiscal 
     year 2015'' and inserting ``$1,476,000,000 by the end of 
     fiscal year 2016''.
       (b) Fiscal Year 1998 Disposal Authority.--Section 
     3305(a)(5) of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as 
     most recently amended by section 3302(b) of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364; 120 Stat. 2513), is further amended by 
     striking ``2008'' and inserting ``2009''.

                Subtitle C--Armed Forces Retirement Home

     SEC. 1421. ARMED FORCES RETIREMENT HOME.

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

          Subtitle D--Inapplicability of Executive Order 13457

     SEC. 1431. INAPPLICABILITY OF EXECUTIVE ORDER 13457.

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

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

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

     SEC. 1501. PURPOSE.

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

     SEC. 1502. ARMY PROCUREMENT.

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

     SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

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

     SEC. 1504. AIR FORCE PROCUREMENT.

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

     SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

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

     SEC. 1506. RAPID ACQUISITION FUND.

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

     SEC. 1507. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

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

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

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

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

       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 Navy, $113,228,000.
       (2) For the Air Force, $72,041,000.
       (3) For Defense-wide activities, $202,559,000.

     SEC. 1510. OPERATION AND MAINTENANCE.

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

     SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

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

     SEC. 1512. IRAQ SECURITY FORCES FUND.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal year 2009 for the 
     Iraq Security Forces Fund in the amount of $1,000,000,000.
       (b) Use of Funds.--
       (1) In general.--Funds appropriated pursuant to subsection 
     (a) shall be available to the Secretary of Defense for the 
     purpose of allowing the Commander, Multi-National Security 
     Transition Command-Iraq, to provide assistance to the 
     security forces of Iraq.
       (2) Types of assistance authorized.--Assistance provided 
     under this section may include the provision of equipment, 
     supplies, services, training, facility and infrastructure 
     repair, and funding.
       (3) Secretary of state concurrence.--Assistance may be 
     provided under this section only with the concurrence of the 
     Secretary of State.
       (c) Authority in Addition to Other Authorities.--The 
     authority to provide assistance under this section is in 
     addition to any other authority to provide assistance to 
     foreign nations.
       (d) Transfer Authority.--
       (1) Transfers authorized.--Subject to paragraph (2), 
     amounts authorized to be appropriated by subsection (a) may 
     be transferred from the Iraq Security Forces Fund to any of 
     the following accounts and funds of the Department of Defense 
     to accomplish the purposes provided in subsection (b):
       (A) Military personnel accounts.
       (B) Operation and maintenance accounts.
       (C) Procurement accounts.
       (D) Research, development, test, and evaluation accounts.

[[Page 10783]]

       (E) Defense working capital funds.
       (F) Overseas Humanitarian, Disaster, and Civic Aid account.
       (2) Additional authority.--The transfer authority provided 
     by paragraph (1) is in addition to any other transfer 
     authority available to the Department of Defense.
       (3) Transfers back to the fund.--Upon determination that 
     all or part of the funds transferred from the Iraq Security 
     Forces Fund under paragraph (1) are not necessary for the 
     purpose provided, such funds may be transferred back to the 
     Iraq Security Forces Fund.
       (4) Effect on authorization amounts.--A transfer of an 
     amount to an account under the authority in paragraph (1) 
     shall be deemed to increase the amount authorized for such 
     account by an amount equal to the amount transferred.
       (e) Prior Notice of Obligation or Transfer of Funds.--Funds 
     may not be obligated from the Iraq Security Forces Fund, or 
     transferred under the authority provided in subsection 
     (d)(1), until five days after the date on which the Secretary 
     of Defense notifies the congressional defense committees, the 
     Committee on Foreign Relations of the Senate, and the 
     Committee on Foreign Affairs of the House of Representatives, 
     in writing, of the details of the proposed obligation or 
     transfer.
       (f) Contributions.--
       (1) Authority to accept contributions.--Subject to 
     paragraph (2), the Secretary of Defense may accept 
     contributions of amounts to the Iraq Security Forces Fund for 
     the purposes provided in subsection (b) from any person, 
     foreign government, or international organization. Any 
     amounts so accepted shall be credited to the Iraq Security 
     Forces Fund.
       (2) Limitation.--The Secretary may not accept a 
     contribution under this subsection if the acceptance of the 
     contribution would compromise or appear to compromise the 
     integrity of any program of the Department of Defense.
       (3) Use.--Amounts accepted under this subsection shall be 
     available for assistance authorized by subsection (b), 
     including transfer under subsection (d) for that purpose.
       (4) Notification.--The Secretary shall notify the 
     congressional committees referred to in subsection (e), in 
     writing, upon the acceptance, and upon the transfer under 
     subsection (d), of any contribution under this subsection. 
     Such notice shall specify the source and amount of any amount 
     so accepted and the use of any amount so accepted.
       (g) Prohibition Related to Facilities.--
       (1) Prohibition.--Funds may not be obligated from the Iraq 
     Security Forces Fund, or transferred under the authority 
     provided in subsection (d)(1), for the acquisition, 
     conversion, rehabilitation, or installation of facilities.
       (2) Exceptions.--Nothing in this section shall be construed 
     as to forbid--
       (A) the provision of technical assistance necessary to 
     assist the Government of Iraq to carry out the acquisition, 
     conversion, rehabilitation, or installation of facilities on 
     its own behalf; or
       (B) the acquisition, conversion, rehabilitation, or 
     installation of facilities utilizing amounts contributed to 
     the Iraq Security Forces Fund under subsection (f) by the 
     Government of Iraq or another foreign country.
       (h) Quarterly Reports.--Not later than 30 days after the 
     end of each fiscal-year quarter, the Secretary of Defense 
     shall submit to the congressional committees referred to in 
     subsection (e) a report summarizing the details of any 
     obligation or transfer of funds from the Iraq Security Forces 
     Fund during such fiscal-year quarter.
       (i) Duration of Authority.--Amounts authorized to be 
     appropriated or contributed to the Iraq Security Forces Fund 
     during fiscal year 2009 are available for obligation or 
     transfer from the Iraq Security Forces Fund in accordance 
     with this section until September 30, 2010.

     SEC. 1513. AFGHANISTAN SECURITY FORCES FUND.

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

     SEC. 1514. MILITARY PERSONNEL.

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

     SEC. 1515. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

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

     SEC. 1516. SPECIAL TRANSFER AUTHORITY.

       (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. 1517. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

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

    TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

Sec. 1601. Short title.
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.

[[Page 10784]]

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.

     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), subject to 
     paragraph (2) of this subsection but notwithstanding any 
     other provision of law, and on such terms and conditions as 
     the President may determine, furnish assistance to such 
     country or region for reconstruction or stabilization using 
     funds under paragraph (3).
       ``(2) Pre-notification requirement.--The President may not 
     furnish assistance pursuant to paragraph (1) until five days 
     (excepting Saturdays, Sundays, and legal public holidays) 
     after the requirements under section 614(a)(3) of this Act 
     are carried out.
       ``(3) Funds.--The funds referred to in paragraph (1) are 
     funds made available under any other provision of law and 
     under other provisions of this Act, and transferred or 
     reprogrammed for purposes of this section, and such transfer 
     or reprogramming shall be subject to the procedures 
     applicable to a notification under section 634A of this Act.
       ``(b) Limitation.--The authority contained in this section 
     may be exercised only during fiscal years 2008, 2009, and 
     2010, except that the authority may not be exercised to 
     furnish more than $100,000,000 in any such fiscal year.''.

     SEC. 1605. RECONSTRUCTION AND STABILIZATION.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 62. RECONSTRUCTION AND STABILIZATION.

       ``(a) Office of the Coordinator for Reconstruction and 
     Stabilization.--
       ``(1) Establishment.--There is established within the 
     Department of State the Office of the Coordinator for 
     Reconstruction and Stabilization.
       ``(2) Coordinator for reconstruction and stabilization.--
     The head of the Office shall be the Coordinator for 
     Reconstruction and Stabilization, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate. The Coordinator shall report directly to the 
     Secretary.
       ``(3) Functions.--The functions of the Office of the 
     Coordinator for Reconstruction and Stabilization shall 
     include the following:
       ``(A) Monitoring, in coordination with relevant bureaus and 
     offices of the Department of State and the United States 
     Agency for International Development (USAID), political and 
     economic instability worldwide to anticipate the need for 
     mobilizing United States and international assistance for the 
     reconstruction and stabilization of a country or region that 
     is at risk of, in, or are in transition from, conflict or 
     civil strife.
       ``(B) Assessing the various types of reconstruction and 
     stabilization crises that could occur and cataloging and 
     monitoring the non-military resources and capabilities of 
     agencies (as such term is defined in section 1603 of the 
     Reconstruction and Stabilization Civilian Management Act of 
     2008) that are available to address such crises.
       ``(C) Planning, in conjunction with USAID, to address 
     requirements, such as demobilization, disarmament, rebuilding 
     of civil society, policing, human rights monitoring, and 
     public information, that commonly arise in reconstruction and 
     stabilization crises.
       ``(D) Coordinating with relevant agencies to develop 
     interagency contingency plans and procedures to mobilize and 
     deploy civilian personnel and conduct reconstruction and 
     stabilization operations to address the various types of such 
     crises.
       ``(E) Entering into appropriate arrangements with agencies 
     to carry out activities under this section and the 
     Reconstruction and Stabilization Civilian Management Act of 
     2008.
       ``(F) Identifying personnel in State and local governments 
     and in the private sector who are available to participate in 
     the Civilian Reserve Corps established under subsection (b) 
     or to otherwise participate in or contribute to 
     reconstruction and stabilization activities.
       ``(G) Taking steps to ensure that training and education of 
     civilian personnel to perform such reconstruction and 
     stabilization activities is adequate and is carried out, as 
     appropriate, with other agencies involved with stabilization 
     operations.
       ``(H) Taking steps to ensure that plans for United States 
     reconstruction and stabilization operations are coordinated 
     with and complementary to reconstruction and stabilization 
     activities of other governments and international and 
     nongovernmental organizations, to improve effectiveness and 
     avoid duplication.
       ``(I) Maintaining the capacity to field on short notice an 
     evaluation team consisting of personnel from all relevant 
     agencies to undertake on-site needs assessment.
       ``(b) Response Readiness Corps.--
       ``(1) Response readiness corps.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development and the heads of other 
     appropriate agencies of the United States Government, may 
     establish and maintain a Response Readiness Corps (referred 
     to in this section as the `Corps') to provide assistance in 
     support of reconstruction and stabilization operations in 
     countries or regions that are at risk of, in, or are in 
     transition from, conflict or civil strife. The Corps shall be 
     composed of active and standby components consisting of 
     United States Government personnel, including employees of 
     the Department of State, the United States Agency for 
     International Development, and other agencies who are 
     recruited and trained (and employed in the case of the active 
     component) to provide such assistance when deployed to do so 
     by the Secretary to support the purposes of this Act.
       ``(2) Civilian reserve corps.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development, may establish a 
     Civilian Reserve Corps for which purpose the Secretary is 
     authorized to employ and train individuals who have the 
     skills necessary for carrying out reconstruction and 
     stabilization activities, and who have volunteered for that 
     purpose. The Secretary may deploy members of the Civilian 
     Reserve Corps pursuant to a determination by the President 
     under section 618 of the Foreign Assistance Act of 1961.
       ``(3) Mitigation of domestic impact.--The establishment and 
     deployment of any Civilian Reserve Corps shall be undertaken 
     in a manner that will avoid substantively impairing the 
     capacity and readiness of any State and local governments 
     from which Civilian Reserve Corps personnel may be drawn.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of State such 
     sums as may be necessary for fiscal years 2007 through 2010 
     for the Office and to support, educate, train, maintain, and 
     deploy a Response Readiness Corps and a Civilian Reserve 
     Corps.
       ``(d) Existing Training and Education Programs.--The 
     Secretary shall ensure that personnel of the Department, and, 
     in coordination

[[Page 10785]]

     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 XXVI and title XXIX for military 
     construction projects, land acquisition, family housing 
     projects and facilities, and contributions to the North 
     Atlantic Treaty Organization Security Investment Program (and 
     authorizations of appropriations therefor) shall expire on 
     the later of--
       (1) October 1, 2011; or
       (2) the date of the enactment of an Act authorizing funds 
     for military construction for fiscal year 2012.
       (b) Exception.--Subsection (a) shall not apply to 
     authorizations for military construction projects, land 
     acquisition, family housing projects and facilities, and 
     contributions to the North Atlantic Treaty Organization 
     Security Investment Program (and authorizations of 
     appropriations therefor), for which appropriated funds have 
     been obligated before the later of--
       (1) October 1, 2011; or
       (2) the date of the enactment of an Act authorizing funds 
     for fiscal year 2012 for military construction projects, land 
     acquisition, family housing projects and facilities, or 
     contributions to the North Atlantic Treaty Organization 
     Security Investment Program.

                            TITLE XXI--ARMY

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

     SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(1), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Inside the United States
------------------------------------------------------------------------
                                      Installation or
              State                      Location             Amount
------------------------------------------------------------------------
Alabama..........................  Anniston Army Depot.      $46,400,000
                                   Fort Rucker.........       $6,800,000
Alaska...........................  Fort Richardson.....      $15,000,000
                                   Fort Wainwright.....     $110,400,000
Arizona..........................  Fort Huachuca.......      $13,200,000
                                   Yuma Proving Ground.       $3,800,000
California.......................  Fort Irwin..........      $39,600,000
                                   Presidio, Monterey..      $15,000,000
                                   Sierra Army Depot...      $12,400,000
Colorado.........................  Fort Carson.........     $534,000,000
Georgia..........................  Fort Benning........     $267,800,000
                                   Fort Stewart/Hunter      $432,300,000
                                    Army Air Field.
Hawaii...........................  Pohakuloa Training         $9,000,000
                                    Area.
                                   Schofield Barracks..     $279,000,000
                                   Wahiawa.............      $40,000,000
Kansas...........................  Fort Leavenworth....       $4,200,000
                                   Fort Riley..........     $158,000,000
Kentucky.........................  Fort Campbell.......     $108,113,000
Louisiana........................  Fort Polk...........      $29,000,000
Missouri.........................  Fort Leonard Wood...      $33,850,000
New Jersey.......................  Picatinny Arsenal...       $9,900,000
New York.........................  Fort Drum...........      $96,900,000
                                   USMA, West Point....      $67,000,000
North Carolina...................  Fort Bragg..........      $58,400,000
Oklahoma.........................  Fort Sill...........      $63,000,000
                                   McAlester Army             $5,800,000
                                    Ammunition Plant.
Pennsylvania.....................  Carlisle Barracks...      $13,400,000
                                   Letterkenny Army           $7,500,000
                                    Depot.
                                   Tobyhanna Army Depot      $15,000,000
South Carolina...................  Fort Jackson........      $30,000,000
Texas............................  Camp Bullis.........       $4,200,000
                                   Corpus Christi Army       $39,000,000
                                    Depot.
                                   Fort Bliss..........   $1,044,300,000
                                   Fort Hood...........      $49,500,000
                                   Fort Sam Houston....      $96,000,000
                                   Red River Army Depot       $6,900,000
Virginia.........................  Fort Belvoir........       $7,200,000
                                   Fort Eustis.........      $18,300,000
                                   Fort Lee............     $100,600,000
                                   Fort Myer...........      $14,000,000
Washington.......................  Fort Lewis..........     $158,000,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(2), the Secretary of the Army may acquire real 
     property and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

                     Army: Outside the United States
------------------------------------------------------------------------
                                      Installation or
             Country                     Location             Amount
------------------------------------------------------------------------
Afghanistan......................  Bagram Air Base.....      $67,000,000
Germany..........................  Katterbach..........      $19,000,000
                                   Wiesbaden Air Base..     $119,000,000
Japan............................  Camp Zama...........       $2,350,000
                                   Sagamihara..........      $17,500,000
Korea............................  Camp Humphreys......      $20,000,000
------------------------------------------------------------------------

     SEC. 2102. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2104(a)(5)(A), the Secretary of the Army may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations 
     or locations, in the number of units, and in the amounts set 
     forth in the following table:

[[Page 10786]]



                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                    Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Germany................................  Wiesbaden Air Base.........  326.......................    $133,000,000
Korea..................................  Camp Humphreys.............  216.......................    $125,000,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(5)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $579,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(5)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $420,001,000.

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2008, for military construction, land acquisition, and 
     military family housing functions of the Department of the 
     Army in the total amount of $6,008,226,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $4,062,763,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $185,350,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $23,000,000.
       (4) For host nation support and architectural and 
     engineering services and construction design under section 
     2807 of title 10, United States Code, $175,823,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $646,580,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $716,110,000.
       (6) For the construction of increment 3 of a barracks 
     complex at Fort Lewis, Washington, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
     2445), as amended by section 20814 of the Continuing 
     Appropriations Resolution, 2007 (division B of Public Law 
     109-289), as added by section 2 of the Revised Continuing 
     Resolution, 2007 (Public Law 110-5; 121 Stat 41), 
     $102,000,000.
       (7) For the construction of increment 2 of the United 
     States Southern Command Headquarters at Miami Doral, Florida, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 504, $81,600,000.
       (8) For the construction of increment 2 of the brigade 
     complex operations support facility at Vicenza, Italy, 
     authorized by section 2101(b) of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 505, $7,500,000.
       (9) For the construction of increment 2 of the brigade 
     complex barracks and community support facility at Vicenza, 
     Italy, authorized by section 2101(b) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 505, $7,500,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $59,500,000 (the balance of the amount authorized under 
     section 2101(b) for the construction of a headquarters 
     element in Wiesbaden, Germany).

     SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2008 PROJECTS.

       (a) Inside the United States Projects.--The table in 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2008 (division B of Public Law 110-181; 
     122 Stat. 504) is amended--
       (1) in the item relating to Hawthorne Army Ammunition 
     Plant, Nevada, by striking ``$11,800,000'' in the amount 
     column and inserting ``$7,300,000'';
       (2) in the item relating to Fort Drum, New York, by 
     striking ``$311,200,000'' in the amount column and inserting 
     ``$304,600,000''; and
       (3) in the item relating to Fort Bliss, Texas, by striking 
     ``$118,400,000'' in the amount column and inserting 
     ``$111,900,000''.
       (b) Conforming Amendments.--Section 2104(a) of that Act 
     (122 Stat. 506) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$5,106,703,000'' and inserting ``$5,089,103,000''; and
       (2) in paragraph (1), by striking ``$3,198,150,000'' and 
     inserting ``$3,180,550,000''.

     SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2007 PROJECTS.

       (a) Inside the United States Projects.--The table in 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2007 (division B of Public Law 109-364; 
     120 Stat. 2445), as amended by section 20814 of the 
     Continuing Appropriations Resolution, 2007 (division B of 
     Public Law 109-289) and section 2105(a) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 507), is further amended 
     in the item relating to Fort Bragg, North Carolina, by 
     striking ``$96,900,000'' in the amount column and inserting 
     ``$75,900,000''.
       (b) Outside the United States Projects.--The table in 
     section 2101(b) of the Military Construction Authorization 
     Act for Fiscal Year 2007 (division B of Public Law 109-364; 
     120 Stat. 2446), as amended by section 2106(a) of the 
     Military Construction Authorization Act for Fiscal Year 2008 
     (division B of Public Law 110-181; 122 Stat. 508), is further 
     amended in the item relating to Vicenza, Italy, by striking 
     ``$223,000,000'' in the amount column and inserting 
     ``$208,280,000''.
       (c) Conforming Amendments.--Section 2104(a) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2447), as amended by 
     section 2105(b) of the Military Construction Authorization 
     Act for Fiscal Year 2008 (division B of Public Law 110-181; 
     122 Stat. 508), is further amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$3,275,700,000'' and inserting ``$3,239,980,000'';
       (2) in paragraph (1), by striking ``$1,119,450,000'' and 
     inserting ``$1,098,450,000''; and
       (3) in paragraph (2), by striking ``$510,582,00'' and 
     inserting ``$495,862,000''.

     SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2006 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3501), the 
     authorizations set forth in the table in subsection (b), as 
     provided in section 2101 of that Act (119 Stat. 3485), shall 
     remain in effect until October 1, 2009, or the date of the 
     enactment of an Act authorizing funds for military 
     construction for fiscal year 2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                                 Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                                          Installation or
                State                         Location                      Project                   Amount
----------------------------------------------------------------------------------------------------------------
Hawaii..............................  Pohakuloa..............  Tactical Vehicle Wash Facility..       $9,207,000
                                                               Battle Area Complex.............      $33,660,000
Virginia............................  Fort Belvoir...........  Defense Access Road.............      $18,000,000
----------------------------------------------------------------------------------------------------------------

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

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

[[Page 10787]]



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

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
              2005 project.
Sec. 2206. Modification of authority to carry out certain fiscal year 
              2007 projects.
Sec. 2207. Report on impacts of surface ship homeporting alternatives.

     SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(1), the Secretary of the Navy may acquire real property 
     and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                        Inside the United States
------------------------------------------------------------------------
                                      Installation or
              State                      Location             Amount
------------------------------------------------------------------------
Arizona..........................  Marine Corps Air          $19,490,000
                                    Station, Yuma.
California.......................  Marine Corps               $7,830,000
                                    Logistics Base,
                                    Barstow.
                                   Marine Corps Base,       $799,870,000
                                    Camp Pendleton.
                                   Naval Air Facility,        $8,900,000
                                    El Centro.
                                   Marine Corps Air          $48,770,000
                                    Station, Miramar.
                                   Naval Post Graduate        $9,900,000
                                    School Monterey.
                                   Naval Air Station,        $60,152,000
                                    North Island.
                                   Naval Facility, San       $34,020,000
                                    Clemente Island.
                                   Naval Station, San        $51,220,000
                                    Diego.
                                   Marine Corps Base,       $155,310,000
                                    Twentynine Palms.
Connecticut......................  Naval Submarine           $46,060,000
                                    Base, Groton.
District of Columbia.............  Naval Support             $24,220,000
                                    Activity,
                                    Washington.
Florida..........................  Naval Air Station,        $12,890,000
                                    Jacksonville.
                                   Naval Station,            $18,280,000
                                    Mayport.
                                   Naval Support             $29,000,000
                                    Activity, Tampa.
Georgia..........................  Marine Corps              $15,320,000
                                    Logistics Base,
                                    Albany.
                                   Naval Submarine Base       $6,130,000
                                    Kings Bay.
Hawaii...........................  Pacific Missile           $28,900,000
                                    Range, Barking
                                    Sands.
                                   Marine Corps Base,        $28,200,000
                                    Hawaii.
                                   Naval Station, Pearl      $80,290,000
                                    Harbor.
Illinois.........................  Recruit Training          $62,940,000
                                    Command, Great
                                    Lakes.
Maine............................  Naval Shipyard             $9,980,000
                                    Portsmouth.
Maryland.........................  Naval Surface              $6,980,000
                                    Warfare Center
                                    Carderock.
                                   Naval Surface             $25,980,000
                                    Warfare Center,
                                    Indian Head.
Mississippi......................  Naval Construction        $12,770,000
                                    Battalion Center,
                                    Gulfport.
New Jersey.......................  Naval Air Warfare         $15,440,000
                                    Center, Lakehurst.
North Carolina...................  Marine Corps Air          $77,420,000
                                    Station, Cherry
                                    Point.
                                   Marine Corps Air          $86,280,000
                                    Station, New River.
                                   Marine Corps Base,       $353,090,000
                                    Camp Lejeune.
Pennsylvania.....................  Naval Support             $22,020,000
                                    Activity,
                                    Philadelphia.
Rhode Island.....................  Naval Station,            $39,800,000
                                    Newport.
South Carolina...................  Marine Corps Air           $5,940,000
                                    Station, Beaufort.
                                   Marine Corps Recruit      $64,750,000
                                    Depot, Parris
                                    Island.
Texas............................  Naval Air Station          $3,500,000
                                    Corpus Christi.
                                   Naval Air Station         $11,580,000
                                    Kingsville.
Virginia.........................  Marine Corps Base,       $150,290,000
                                    Quantico.
                                   Naval Station,            $73,280,000
                                    Norfolk.
Washington.......................  Naval Air Station          $6,160,000
                                    Whidbey Island.
                                   Naval Base Kitsap...       $5,110,000
------------------------------------------------------------------------

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

                     Navy: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Cuba..............................  Naval Air Station,       $20,600,000
                                     Guantanamo Bay.
Diego Garcia......................  Diego Garcia........     $35,060,000
Djibouti..........................  Camp Lemonier.......     $31,410,000
Guam..............................  Naval Activities,        $88,430,000
                                     Guam.
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using the amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(3), the Secretary of the Navy may acquire real property 
     and carry out military construction projects for unspecified 
     installations or locations in the amounts set forth in the 
     following table:

                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
                                       Installation or
             Location                     Location            Amount
------------------------------------------------------------------------
Worldwide Unspecified.............  Unspecified              $94,020,000
                                     Worldwide.
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2204(6)(A), the Secretary of the Navy may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations 
     or locations, in the number of units, and in the amount set 
     forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
               Location                  Installation or Location             Units                  Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay........................  Naval Air Station,          146......................        $62,598.000
                                         Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2204(6)(A), the Secretary of the Navy may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $2,169,000.

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2204(6)(A), the Secretary of the 
     Navy may improve existing military family housing units in an 
     amount not to exceed $318,011,000.

[[Page 10788]]



     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of the Navy in the total amount 
     of $3,996,449,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $2,518,152,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $175,500,000.
       (3) For military construction projects at unspecified 
     worldwide locations authorized by section 2201(c), 
     $94,020,000.
       (4) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $13,670,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $247,128,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $382,778,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $376,062,000.
       (7) For the construction of increment 2 of the wharf 
     extension at Naval Forces Marianas Islands, Guam, authorized 
     by section 2201(b) of the Military Construction Authorization 
     Act for Fiscal Year 2008 (division B of Public Law 110-181; 
     122 Stat. 510), $50,912,000.
       (8) For the construction of increment 2 of the submarine 
     drive-in magnetic silencing facility at Naval Submarine Base, 
     Pearl Harbor, Hawaii, authorized in section 2201(a) of the 
     Military Construction Authorization Act for Fiscal Year 2008 
     (division B of Public Law 110-181; 122 Stat. 510), 
     $41,088,000.
       (9) For the construction of increment 3 of the National 
     Maritime Intelligence Center, Suitland, Maryland, authorized 
     by section 2201(a) of the Military Construction Authorization 
     Act for Fiscal Year 2007 (division B of Public Law 109-364; 
     120 Stat. 2448), $12,439,000.
       (10) For the construction of increment 2 of hangar 5 
     recapitalizations at Naval Air Station, Whidbey Island, 
     Washington, authorized by section 2201(a) of the Military 
     Construction Authorization Act of Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2448), $34,000,000.
       (11) For the construction of increment 5 of the limited 
     area production and storage complex at Naval Submarine Base, 
     Kitsap, Bangor, Washington (formerly referred to as a project 
     at the Strategic Weapons Facility Pacific, Bangor), 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act of Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2106), as amended by section 2206 of 
     the Military Construction Authorization Act for Fiscal Year 
     2006 (division B of Public law 109-163; 119 Stat. 3493) and 
     section 2206 of the Military Construction Authorization Act 
     for Fiscal Year 2008 (division B of Public Law 110-181; 122 
     Stat. 514) $50,700,000.

     SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2005 PROJECT.

       The table in section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2105), as amended by section 2206 of 
     the Military Construction Authorization Act for Fiscal Year 
     2006 (division B of Public Law 109-163; 119 Stat. 3493) and 
     section 2206 of the Military Construction Authorization Act 
     for Fiscal Year 2008 (division B of Public Law 110-181; 122 
     Stat.514), is further amended--
       (1) in the item relating to Strategic Weapons Facility 
     Pacific, Bangor, Washington, by striking ``$295,000,000'' in 
     the amount column and inserting ``$311,670,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$1,084,497,000''.

     SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2007 PROJECTS.

       (a) Modifications.--The table in section 2201(a) of the 
     Military Construction Authorization Act for Fiscal Year 2007 
     (division B of Public Law 109-364; 120 Stat. 2448), as 
     amended by section 2205(a)(17) of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 513) is further amended--
       (1) in the item relating to NMIC/Naval Support Activity, 
     Suitland, Maryland, by striking ``$67,939,000'' in the amount 
     column and inserting ``$76,288,000''; and
       (2) in the item relating to Naval Air Station, Whidbey 
     Island, Washington, by striking ``$57,653,000'' in the amount 
     column and inserting ``$60,500,000''.
       (b) Conforming Amendments.--Section 2204(b) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2452), is amended--
       (1) in paragraph (2), by striking ``$56,159,000'' and 
     inserting ``$64,508,000''; and
       (2) in paragraph (3), by striking ``$31,153,000'' and 
     inserting ``$34,000,000''.

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

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

                         TITLE XXIII--AIR FORCE

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

     SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(1), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              State                     Location             Amount
------------------------------------------------------------------------
Alabama.........................  Maxwell Air Force          $15,556,000
                                   Base.
Alaska..........................  Elmendorf Air Force       $138,300,000
                                   Base.
California......................  Edwards Air Force           $9,100,000
                                   Base.
Colorado........................  United States Air          $18,000,000
                                   Force Academy.
Delaware........................  Dover Air Force            $19,000,000
                                   Base.
Florida.........................  Eglin Air Force            $19,000,000
                                   Base.
                                  MacDill Air Force          $26,000,000
                                   Base.
                                  Tyndall Air Force          $11,600,000
                                   Base.
Georgia.........................  Robins Air Force           $29,350,000
                                   Base.
Kansas..........................  McConnell Air Force         $6,800,000
                                   Base.
Maryland........................  Andrews Air Force          $77,648,000
                                   Base.
Mississippi.....................  Columbus Air Force          $8,100,000
                                   Base.
Missouri........................  Whiteman Air Force          $4,200,000
                                   Base.
Nevada..........................  Creech Air Force           $48,500,000
                                   Base.
                                  Nellis Air Force           $53,300,000
                                   Base.
New Jersey......................  McGuire Air Force           $7,200,000
                                   Base.
 New Mexico.....................  Cannon Air Force            $8,300,000
                                   Base.
                                  Holloman Air Force         $25,450,000
                                   Base.
Ohio............................  Wright Patterson           $14,000,000
                                   Air Force Base.
Oklahoma........................  Tinker Air Force           $54,000,000
                                   Base.
South Carolina..................   Charleston Air             $4,500,000
                                   Force Base.
                                  Shaw Air Force Base         $9,900,000
Texas...........................  Fort Hood..........        $10,800,000
                                  Lackland Air Force         $75,515,000
                                   Base.
Utah............................  Hill Air Force Base        $41,400,000
Washington......................  McChord Air Force           $5,500,000
                                   Base.
Wyoming.........................  Francis E. Warren           $8,600,000
                                   Air Force Base.
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(2), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for the 
     installations or locations outside the United States, and in 
     the amounts, set forth in the following table:

[[Page 10789]]



                  Air Force: Outside the United States
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Afghanistan.....................   Bagram Airfield...        $57,200,000
Guam............................  Andersen Air Force         $10,600,000
                                   Base.
Kyrgyzstan......................  Manas Air Base.....         $6,000,000
United Kingdom..................  Royal Air Force             $7,400,000
                                   Lakenheath.
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using the amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(3), the Secretary of the Air Force may acquire real 
     property and carry out military construction projects for 
     unspecified installations or locations in the amounts set 
     forth in the following table:

                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                    Location             Amount
------------------------------------------------------------------------
Worldwide Classified............  Classified Location           $891,000
Worldwide Unspecified...........  Specified Worldwide        $52,500,000
                                   Locations.
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2304(6)(A), the Secretary of the Air Force may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations 
     or locations, in the number of units, and in the amounts set 
     forth in the following table:

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                   Installation or  Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom........................  Royal Air Force Lakenheath...  182 Units................     $71,828,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(6)(A), the Secretary of the Air Force may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $7,708,000.

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2304(6)(A), the Secretary of the 
     Air Force may improve existing military family housing units 
     in an amount not to exceed $316,343,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       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 $1,966,868,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $749,619,000.
       (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), 
     $53,391,000.
       (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, $77,314,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $395,879,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $594,465,000.

     SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2006 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3501), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2302 of that Act, shall remain in effect 
     until October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                               Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or  Location            Project                Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................  Eielson Air Force Base.....  Replace Family Housing          $37,650,000
                                                                      (92 units).............
                                                                     Purchase Build/Lease            $18,144,000
                                                                      Housing (300 units)....
California............................  Edwards Air Force Base.....  Replace Family Housing          $59,699,000
                                                                      (226 units)............
Florida...............................  MacDill Air Force Base.....  Replace Family Housing          $40,982,000
                                                                      (109 units)............
Missouri..............................  Whiteman Air Force Base....  Replace Family Housing          $26,917,000
                                                                      (111 units)............
North Carolina........................  Seymour Johnson Air Force    Replace Family Housing          $48,868,000
                                         Base......................   (255 units)............
North Dakota..........................  Grand Forks Air Force Base.  Replace Family Housing          $43,353,000
                                                                      (150 units)............
----------------------------------------------------------------------------------------------------------------

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

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

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


[[Page 10790]]

                      TITLE XXIV--DEFENSE AGENCIES

               Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

               Subtitle A--Defense Agency Authorizations

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

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

                       Defense Education Activity
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Kentucky..........................  Fort Campbell.......     $21,400,000
North Carolina....................  Fort Bragg..........     $78,471,000
------------------------------------------------------------------------


                       Defense Intelligence Agency
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Illinois..........................  Scott Air Force Base     $13,977,000
------------------------------------------------------------------------


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


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


                       Special Operations Command
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
California........................  Naval Amphibious          $9,800,000
                                     Base, Coronado.
Florida...........................  Eglin Air Force Base      $40,000,00
                                    Hurlburt Field......      $8,900,000
                                    MacDill Air Force        $10,500,000
                                     Base.
Kentucky..........................  Fort Campbell.......     $15,000,000
New Mexico........................  Cannon Air Force         $18,100,000
                                     Base.
North Carolina....................  Fort Bragg..........     $38,250,000
Virginia..........................  Fort Story..........     $11,600,000
Washington........................  Fort Lewis..........     $38,000,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Alaska............................  Fort Richardson.....      $6,300,000
Colorado..........................  Buckley Air Force         $3,000,000
                                     Base.
Georgia...........................  Fort Benning........      $3,900,000
Kansas............................  Fort Riley..........     $52,000,000
Kentucky..........................  Fort Campbell.......     $24,000,000
Maryland..........................  Aberdeen Proving        $430,000,000
                                     Ground.
Missouri..........................  Fort Leonard Wood...     $22,000,000
Oklahoma..........................  Tinker Air Force         $65,000,000
                                     Base.
Texas.............................  Fort Sam Houston....     $13,000,000
------------------------------------------------------------------------


                    Washington Headquarters Services
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Virginia..........................  Pentagon Reservation     $38,940,000
------------------------------------------------------------------------

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

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


                       Special Operations Command
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Qatar...........................  Al Udeid...........         $9,200,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
                                    Installation or
             Country                    Location             Amount
------------------------------------------------------------------------
Guam............................  Naval Activities...        $30,000,000
------------------------------------------------------------------------

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

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

     SEC. 2402. ENERGY CONSERVATION PROJECTS.

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

     SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2008, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) in the total 
     amount of $1,510,550,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $767,511,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $95,200,000.
       (3) For the military construction projects at unspecified 
     worldwide locations authorized by section 2401(c), 
     $101,160,000.
       (4) For unspecified minor military construction projects 
     under section 2805 of title 10, United States Code, 
     $28,853,000.
       (5) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $10,000,000.
       (6) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $133,025,000.
       (7) For energy conservation projects authorized by section 
     2402 of this Act, $80,000,000.
       (8) For support of military family housing, including 
     functions described in section 2833 of

[[Page 10791]]

     title 10, United States Code, and credits to the Department 
     of Defense Family Housing Improvement Fund under section 2883 
     of title 10, United States Code, and the Homeowners 
     Assistance Fund established under section 1013 of the 
     Demonstration Cities and Metropolitan Development Act of 1966 
     (42 U.S.C. 3374), $54,581,000.
       (9) For the construction of increment 4 of the regional 
     security operations center at Augusta, Georgia, authorized by 
     section 2401(a) of the Military Construction Authorization 
     Act of Fiscal Year 2006 (division B of Public Law 109-163; 
     119 Stat. 3497), as amended by section 7016 of the Emergency 
     Supplemental Appropriation Act for Defense, the Global War on 
     Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 
     Stat. 485), $100,220,000.
       (10) For the construction of increment 2 of the Army 
     Medical Research Institute of Infectious Diseases Stage 1 at 
     Fort Detrick, Maryland, authorized by section 2401(a) of the 
     Military Construction Authorization Act of Fiscal Year 2007 
     (division B of Public Law 109-364; 120 Stat. 2457), 
     $109,000,000.
       (11) For the construction of increment 2 of the special 
     operations forces operational facility at Dam Neck, Virginia, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act of Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 521), $31,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1), (2) and (3) of subsection (a).
       (2) $100,000,000 (the balance of the amount authorized 
     under section 2401(a) for the construction of the United 
     States Army Medical Research Institute of Infectious Diseases 
     Stage 1 at Fort Detrick, Maryland).
       (3) $80,000,000 (the balance of the amount authorized under 
     section 2401(c) for the construction of the Ballistic Missile 
     Defense, European Interceptor Site).
       (4) $60,000,000 (the balance of the amount authorized under 
     section 2401(c) for the construction of the Ballistic Missile 
     Defense, European Midcourse Radar Site).

     SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2007 PROJECT.

       (a) Modification.--The table relating to the TRICARE 
     Management Activity in section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 2007 (division 
     B of Public Law 109-364; 120 Stat. 2457) is amended in the 
     item relating to Fort Detrick, Maryland, by striking 
     ``$550,000,000'' in the amount column and inserting 
     ``$683,000,000''.
       (b) Conforming Amendment.--Section 2405(b)(3) of that Act 
     (120 Stat. 2461) is amended by striking ``$521,000,000'' and 
     inserting ``$654,000,000''.

     SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2005 PROJECTS.

       (a) Modification.--The table in section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2112) is 
     amended--
       (1) by striking the item relating to Defense Fuel Support 
     Point, Naval Air Station, Oceana, Virginia; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$485,193,000''.
       (b) Conforming Amendments.--Section 2404(a) of that Act 
     (118 Stat. 2113) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``$1,055,663,000'' and inserting ``$1,052,074,000''; and
       (2) in paragraph (1), by striking ``$411,782,000'' and 
     inserting ``$408,193,000''.

     SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
                   2006 PROJECT.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3501), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2401 of that Act, shall remain in effect 
     until October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

    Defense Logistics Agency: Extension of 2006 Project Authorization
------------------------------------------------------------------------
    Installation or Location            Project              Amount
------------------------------------------------------------------------
Defense Logistics Agency........  Defense                     $6,500,000
                                   Distribution Depot
                                   Susquehanna, New
                                   Cumberland,
                                   Pennsylvania.
------------------------------------------------------------------------

          Subtitle B--Chemical Demilitarization Authorizations

     SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM 
                   CONSTRUCTION AND LAND ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2412(1), the Secretary of Defense 
     may acquire real property and carry out military construction 
     projects for the installations or locations inside the United 
     States, and in the amounts, set forth in the following table:

       Chemical Demilitarization Program: Inside the United States
------------------------------------------------------------------------
                                    Installation or
              Army                      Location             Amount
------------------------------------------------------------------------
Army............................  Blue Grass Army            $12,000,000
                                   Depot, Kentucky.
------------------------------------------------------------------------

     SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL 
                   DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for military 
     construction and land acquisition for chemical 
     demilitarization in the total amount of $134,278,000, as 
     follows:
       (1) For military construction projects inside the United 
     States authorized by section 2411(a), $12,000,000.
       (2) For the construction of phase 10 of a munitions 
     demilitarization facility at Pueblo Chemical Activity, 
     Colorado, authorized by section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1997 (division 
     B of Public Law 104-201; 110 Stat. 2775), as amended by 
     section 2406 of the Military Construction Authorization Act 
     for Fiscal Year 2000 (division B of Public Law 106-65; 113 
     Stat. 839) and section 2407 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2698), $65,060,000.
       (3) For the construction of phase 9 of a munitions 
     demilitarization facility at Blue Grass Army Depot, Kentucky, 
     authorized by section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
     Military Construction Authorization Act for Fiscal Year 2002 
     (division B of Public Law 107-107; 115 Stat. 1298) and 
     section 2405 of the Military Construction Authorization Act 
     for Fiscal Year 2003 (division B of Public Law 107-314; 116 
     Stat. 2698), $57,218,000.

     SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 1997 PROJECT.

       (a) Modifications.--The table in section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 1997 
     (division B of Public Law 104-201; 110 Stat. 2775), as 
     amended by section 2406 of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 839) and section 2407 of the Military 
     Construction Authorization Act for Fiscal Year 2003 (division 
     B of Public Law 107-314; 116 Stat. 2699), is amended--
       (1) under the agency heading relating to the Chemical 
     Demilitarization Program, in the item relating to Pueblo Army 
     Depot, Colorado, by striking ``$261,000,000'' in the amount 
     column and inserting ``$484,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$830,454,000''.
       (b) Conforming Amendment.--Section 2406(b)(2) of the 
     Military Construction Authorization Act for Fiscal Year 1997 
     (110 Stat. 2779), as so amended, is further amended by 
     striking ``$261,000,000'' and inserting ``$484,000,000''.

     SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2000 PROJECT.

       (a) Modifications.--The table in section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 835), as amended 
     by section 2405 of the Military Construction Authorization 
     Act for Fiscal Year 2002 (division B of Public Law 107-107; 
     115 Stat. 1298) and section 2405 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2698), is amended--
       (1) under the agency heading relating to Chemical 
     Demilitarization, in the item relating to Blue Grass Army 
     Depot, Kentucky, by striking ``$290,325,000'' in the amount 
     column and inserting ``$492,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$949,920,000''.
       (b) Conforming Amendment.--Section 2405(b)(3) of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 839), as amended 
     by section 2405 of the Military Construction Authorization 
     Act for Fiscal Year 2002 (division B of Public Law 107-107; 
     115 Stat. 1298) and section 2405 of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2698), is further amended by striking 
     ``$267,525,000'' and inserting ``$469,200,000''.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

     SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

       The Secretary of Defense may make contributions for the 
     North Atlantic Treaty Organization Security Investment 
     Program as provided in section 2806 of title 10, United 
     States Code, in an amount not to exceed the sum of the amount 
     authorized to be appropriated for this purpose in section 
     2502 and the amount collected from the North Atlantic Treaty 
     Organization as a result of construction previously financed 
     by the United States.

[[Page 10792]]



     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Organization 
     Security Investment Program authorized by section 2501, in 
     the amount of $240,867,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

     SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 
                   LAND ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(1)(A), the Secretary of the 
     Army may acquire real property and carry out military 
     construction projects for the Army National Guard locations, 
     and in the amounts, set forth in the following table:


                           Army National Guard
------------------------------------------------------------------------
               State                        Location           Amount
------------------------------------------------------------------------
Alabama............................  Fort McClellan.......    $3,000,000
Arizona............................  Camp Navajo..........   $13,000,000
                                     Florence.............   $13,800,000
                                     Papago Military         $24,000,000
                                      Reservation.
Arkansas...........................  Cabot................   $10,868,000
Colorado...........................  Denver...............    $9,000,000
                                     Grand Junction.......    $9,000,000
Connecticut........................  Camp Rell............   $28,000,000
                                     East Haven...........   $13,800,000
Delaware...........................  New Castle...........   $28,000,000
Florida............................  Camp Blanding........   $33,307,000
Georgia............................  Dobbins Air Reserve     $45,000,000
                                      Base.
Idaho..............................  Orchard Training Area    $1,850,000
Indiana............................  Camp Atterbury.......    $5,800,000
                                     Lawrence.............   $21,000,000
                                     Muscatatuck..........    $6,000,000
Iowa...............................  Camp Dodge...........    $1,500,000
                                     Davenport............    $1,550,000
                                     Mount Pleasant.......    $1,500,000
Kentucky...........................  London...............    $7,191,000
Maine..............................  Bangor...............   $20,000,000
Maryland...........................  Edgewood.............   $28,000,000
                                     Salisbury............    $9,800,000
Massachusetts......................  Methuen..............   $21,000,000
Michigan...........................  Camp Grayling........    $4,000,000
Minnesota..........................  Arden Hills..........   $15,000,000
New York...........................  Fort Drum............   $11,000,000
                                     Queensbury...........    $5,900,000
Ohio...............................  Camp Perry...........    $2,000,000
                                     Ravenna..............    $2,000,000
Pennsylvania.......................  Honesdale............    $6,117,000
South Carolina.....................  Anderson.............   $12,000,000
                                     Beaufort.............    $3,400,000
                                     Eastover.............   $28,000,000
                                     Hemingway............    $4,600,000
South Dakota.......................  Rapid City...........   $29,000,000
Tennessee..........................  Tullahoma............   $10,372,000
Utah...............................  Camp Williams........   $17,500,000
Virginia...........................  Arlington............   $15,500,000
                                     Fort Pickett.........    $2,950,000
Washington.........................  Fort Lewis (Gray Army   $32,000,000
                                      Airfield).
West Virginia......................  Camp Dawson..........    $9,000,000
------------------------------------------------------------------------

     SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(1)(B), the Secretary of the 
     Army may acquire real property and carry out military 
     construction projects for the Army Reserve locations, and in 
     the amounts, set forth in the following table:


                              Army Reserve
------------------------------------------------------------------------
              State                     Location             Amount
------------------------------------------------------------------------
California......................  Fort Hunter Liggett         $3,950,000
Hawaii                            Fort Shafter.......        $19,199,000
Idaho...........................  Hayden Lake........         $9,580,000
Kansas..........................  Dodge City.........         $8,100,000
Maryland........................  Baltimore..........        $11,600,000
Massachusetts...................  Fort Devens........         $1,900,000
Michigan........................  Saginaw............        $11,500,000
Missouri........................  Weldon Springs.....        $11,700,000
Nevada..........................  Las Vegas..........        $33,900,000
New Jersey......................  Fort Dix...........         $3,825,000
------------------------------------------------------------------------


                         Army Reserve--Continued
------------------------------------------------------------------------
              State                     Location             Amount
------------------------------------------------------------------------
New York........................  Kingston...........        $13,494,000
                                  Shoreham...........        $15,031,000
                                  Staten Island......        $18,550,000
North Carolina..................  Raleigh............        $25,581,000
Pennsylvania....................  Letterkenny Army           $14,914,000
                                   Depot.
Tennessee.......................  Chattanooga........        $10,600,000
Texas...........................  Sinton.............         $9,700,000
Washington......................  Seattle............        $37,500,000
Wisconsin.......................  Fort McCoy.........         $4,000,000
------------------------------------------------------------------------

     SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
                   CONSTRUCTION AND LAND ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(2), the Secretary of the Navy 
     may acquire real property and carry out military construction 
     projects for the Navy Reserve and Marine Corps Reserve 
     locations, and in the amounts, set forth in the following 
     table:


                  Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
               State                        Location           Amount
------------------------------------------------------------------------
California.........................  Lemoore..............   $15,420,000
Delaware...........................  Wilmington...........   $11,530,000
Georgia............................  Marietta.............    $7,560,000
Virginia...........................  Norfolk..............    $8,170,000
                                     Williamsburg.........   $12,320,000
------------------------------------------------------------------------

     SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
                   LAND ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(3)(A), the Secretary of the 
     Air Force may acquire real property and carry out military 
     construction projects for the Air National Guard locations, 
     and in the amounts, set forth in the following table:


                           Air National Guard
------------------------------------------------------------------------
               State                        Location           Amount
------------------------------------------------------------------------
Arkansas...........................  Little Rock Air Force    $4,000,000
                                      Base.
Connecticut........................  Bradley International    $7,200,000
                                      Airport.
Delaware...........................  New Castle County        $3,200,000
                                      Airport.
Georgia............................  Savannah Combat          $7,500,000
                                      Readiness Training
                                      Center.
Indiana............................  Fort Wayne               $5,600,000
                                      International
                                      Airport.
Iowa...............................  Fort Dodge...........    $5,600,000
Maryland...........................  Martin State Airport.    $7,900,000
Minnesota..........................  Duluth...............    $4,500,000
                                     Minneapolis-St. Paul.    $1,500,000
New Jersey.........................  Atlantic City            $8,400,000
                                      International
                                      Airport.
New York...........................  Gabreski Airport.....    $7,500,000
                                     Hancock Field........   $10,400,000
Ohio...............................  Springfield Air         $12,800,000
                                      National Guard Base.
South Dakota.......................  Joe Foss Field.......    $4,500,000
Texas..............................  Ellington Field......    $7,600,000
                                     Fort Worth Naval Air     $5,000,000
                                      Station Joint
                                      Reserve Base.
Vermont............................  Burlington               $6,600,000
                                      International
                                      Airport.
Washington.........................  McChord Air Force        $8,600,000
                                      Base.
Wyoming............................  Cheyenne Municipal       $7,000,000
                                      Airport.
------------------------------------------------------------------------

     SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2606(3)(B), the Secretary of the 
     Air Force may acquire real property and carry out military 
     construction projects for the Air Force Reserve locations, 
     and in the amounts, set forth in the following table:


                           Air Force Reserve
------------------------------------------------------------------------
              State                     Location             Amount
------------------------------------------------------------------------
Oklahoma........................  Tinker Air Force            $9,900,000
                                   Base.
New York........................  Niagara Falls Air           $9,000,000
                                   Reserve Station.
------------------------------------------------------------------------


[[Page 10793]]

     SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
                   AND RESERVE.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefor, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), in the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $628,668,000; and
       (B) for the Army Reserve, $282,607,000.
       (2) For the Department of the Navy, for the Navy and Marine 
     Corps Reserve, $57,045,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $142,809,000; and
       (B) for the Air Force Reserve, $30,018,000.

     SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
                   2006 PROJECTS.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3501), the 
     authorizations set forth in the table in subsection (b), as 
     provided in section 2601 of that Act, shall remain in effect 
     until October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                          Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or Location            Project                 Amount
----------------------------------------------------------------------------------------------------------------
California............................  Camp Roberts..............  Urban Assault Course.....         $1,485,000
Idaho.................................  Gowen Field...............  Railhead, Phase 1........         $8,331,000
Mississippi...........................  Biloxi....................  Readiness Center.........        $16,987,000
                                        Camp Shelby...............  Modified Record Fire              $2,970,000
                                                                     Range.
Montana...............................  Townsend..................  Automated Qualification           $2,532,000
                                                                     Training Range.
Pennsylvania..........................  Philadelphia..............  Stryker Brigade Combat           $11,806,000
                                                                     Team Readiness Center.
                                                                    Organizational                    $6,144,930
                                                                     Maintenance Shop #7.
----------------------------------------------------------------------------------------------------------------

     SEC. 2608. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
                   2005 PROJECT.

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2116), the 
     authorization set forth in the table in subsection (b), as 
     provided in section 2601 of that Act, shall remain in effect 
     until October 1, 2009, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2010, whichever is later.
       (b) Table.--The table referred to in subsection (a) is as 
     follows:

                          Army National Guard: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or Location            Project                 Amount
----------------------------------------------------------------------------------------------------------------
California............................  Dublin....................  Readiness Center, Add/Alt        $11,318,000
                                                                     (ADRS).
----------------------------------------------------------------------------------------------------------------

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

        Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Repeal of commission approach for development of 
              recommendations in any future round of base closures and 
              realignments.
Sec. 2712. Modification of annual base closure and realignment 
              reporting requirements.
Sec. 2713. Technical corrections regarding authorized cost and scope of 
              work variations for military construction and military 
              family housing projects related to base closures and 
              realignments.

                       Subtitle C--Other Matters

Sec. 2721. Conditions on closure of Walter Reed Army Medical Hospital 
              and relocation of operations to National Naval Medical 
              Center and Fort Belvoir.
Sec. 2722. Report on use of BRAC properties as sites for refineries or 
              nuclear power plants.

                       Subtitle A--Authorizations

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

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for base closure 
     and realignment activities, including real property 
     acquisition and military construction projects, as authorized 
     by the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     and funded through the Department of Defense Base Closure 
     Account 1990 established by section 2906 of such Act, in the 
     total amount of $393,377,000, as follows:
       (1) For the Department of the Army, $72,855,000.
       (2) For the Department of the Navy, $178,700,000
       (3) For the Department of the Air Force, $139,155,000.
       (4) For the Defense Agencies, $2,667,000.

     SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES 
                   FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 
                   CLOSURE ACCOUNT 2005.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2703, the Secretary of Defense may 
     carry out base closure and realignment activities, including 
     real property acquisition and military construction projects, 
     as authorized by the Defense Base Closure and Realignment Act 
     of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note) and funded through the Department of 
     Defense Base Closure Account 2005 established by section 
     2906A of such Act, in the amount of $7,138,021,000.

     SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
                   AND REALIGNMENT ACTIVITIES FUNDED THROUGH 
                   DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
                   2005.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2008, for base closure 
     and realignment activities, including real property 
     acquisition and military construction projects, as authorized 
     by the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) 
     and funded through the Department of Defense Base Closure 
     Account 2005 established by section 2906A of such Act, in the 
     total amount of $9,065,386,000, as follows:
       (1) For the Department of the Army, $4,486,178,000.
       (2) For the Department of the Navy, $871,492,000.
       (3) For the Department of the Air Force, $1,072,925,000.
       (4) For the Defense Agencies, $2,634,791,000.

        Subtitle B--Amendments to Base Closure and Related Laws

     SEC. 2711. REPEAL OF COMMISSION APPROACH FOR DEVELOPMENT OF 
                   RECOMMENDATIONS IN ANY FUTURE ROUND OF BASE 
                   CLOSURES AND REALIGNMENTS.

       (a) Repeal of Provisions Related to Defense Base Closure 
     and Realignment Commission.--Sections 2902, 2903(d), 2912(d), 
     and 2914 of the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note) are repealed.
       (b) Conforming Amendments.--Section 2903 of the Defense 
     Base Closure and Realignment Act of 1990 (part A of title 
     XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``and to the 
     Commission'';

[[Page 10794]]

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

     SEC. 2712. MODIFICATION OF ANNUAL BASE CLOSURE AND 
                   REALIGNMENT REPORTING REQUIREMENTS.

       (a) Termination of Reporting Requirements After Fiscal Year 
     2014.--Section 2907 of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) is amended--
       (1) by striking ``As part of the budget request for fiscal 
     year 2007 and for each fiscal year thereafter'' and inserting 
     ``(a) Reporting Requirement.--As part of the budget request 
     for fiscal year 2007 and for each fiscal year thereafter 
     through fiscal year 2016''; and
       (2) by adding at the end the following new subsection:
       ``(b) Termination of Reporting Requirements Related to 
     Realignment Actions.--The reporting requirements under 
     subsection (a) shall terminate with respect to realignment 
     actions after the report submitted with the budget for fiscal 
     year 2014.''.
       (b) Exclusion of Descriptions of Realignment Actions.--
     Subsection (a) of such section, as designated and amended by 
     subsection (a)(1) of this section, is further amended--
       (1) in paragraph (1), by striking ``and realignment'' both 
     places it appears;
       (2) in paragraph (2), by striking ``and realignments''; and
       (3) in paragraphs (3), (4), (5), (6), and (7), by striking 
     ``or realignment'' each place it appears.

     SEC. 2713. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST 
                   AND SCOPE OF WORK VARIATIONS FOR MILITARY 
                   CONSTRUCTION AND MILITARY FAMILY HOUSING 
                   PROJECTS RELATED TO BASE CLOSURES AND 
                   REALIGNMENTS.

       (a) Correction of Citation in Amendatory Language.--
       (1) In general.--Section 2704(a) of the Military 
     Construction Authorization Act for Fiscal Year 2008 (division 
     B of Public Law 110-181; 122 Stat. 532) is amended--
       (B) in subsection (a), by striking ``Section 2905A'' and 
     inserting ``Section 2906A''; and
       (C) in subsection (b), by striking ``section 2905A'' and 
     inserting ``section 2906A''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on January 28, 2008, as if included in the 
     enactment of section 2704 of the Military Construction 
     Authorization Act for Fiscal Year 2008.
       (b) Correction of Scope or Work Variation Limitation.--
     Subsection (f) of section 2906A of the Defense Base Closure 
     and Realignment Act of 1990 (part A of title XXIX of Public 
     Law 101-510; 10 U.S.C. 2687 note), as added by section 
     2704(a) of the Military Construction Authorization Act for 
     Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 
     532) and amended by subsection (a), is amended by striking 
     ``20 percent or $2,000,000, whichever is greater'' and 
     inserting ``20 percent or $2,000,000, whichever is less''.

                       Subtitle C--Other Matters

     SEC. 2721. CONDITIONS ON CLOSURE OF WALTER REED ARMY MEDICAL 
                   HOSPITAL AND RELOCATION OF OPERATIONS TO 
                   NATIONAL NAVAL MEDICAL CENTER AND FORT BELVOIR.

       (a) Required Certification.--The Secretary of Defense may 
     not commence the closure of Walter Reed Army Medical Hospital 
     or continue with the construction at the National Naval 
     Medical Center in Bethesda, Maryland, and Fort Belvoir, 
     Virginia, of replacement facilities beyond the construction 
     necessary to complete the foundations of the replacement 
     facilities until--
       (1) the Secretary certifies to the congressional defense 
     committees that each of the conditions imposed by this 
     section has been satisfied; and
       (2) a period of 7 days has expired following the date on 
     which the certification is received by the committees.
       (b) Progress on Design for Replacement Facilities.--
       (1) Preparation.--The Secretary of Defense shall replace 
     the conceptual design prepared for the new National Military 
     Medical Center at the National Naval Medical Center with a 
     design for the facility that is certified as at least 90 
     percent complete by an engineer or architect registered in 
     the State of Maryland.
       (2) Collaborative design process.--The Secretary of Defense 
     may not delegate the responsibility for the preparation of 
     the design for the National Military Medical Center to the 
     prime contractor selected for construction of the facility. 
     The design for the National Military Medical Center shall be 
     prepared through a collaborative process involving--
       (A) personnel of the Department of Defense;
       (B) representatives of premier health care facilities in 
     the United States; and
       (C) current and former patients of the military medical 
     system.
       (c) Independent Cost Estimate.--
       (1) Preparation.--The Cost Analysis Improvement Group of 
     the Department of Defense shall prepare an independent cost 
     estimate of the total cost to be incurred by the United 
     States to close Walter Reed Army Medical Hospital, design and 
     construct replacement facilities at the National Naval 
     Medical Center and Fort Belvoir, and relocate operations to 
     the replacement facilities. In preparing the cost estimate, 
     the Cost Analysis Improvement Group shall not consider the 
     possibility of private funds being obtained to construct the 
     proposed traumatic brain injury treatment facility at the 
     National Naval Medical Center.
       (2) Submission.--The Secretary of Defense shall submit the 
     resulting cost estimate to the congressional defense 
     committees as soon as possible after the date of the 
     enactment of this Act, but in no case later than the date on 
     which the Secretary makes the certification under subsection 
     (a) with regard to compliance with this subsection.
       (d) Milestone Schedule.--
       (1) Preparation.--The Secretary of Defense shall prepare a 
     complete milestone schedule for the closure of Walter Reed 
     Army Medical Hospital, the design and construction of 
     replacement facilities at the National Naval Medical Center 
     and Fort Belvoir, and the relocation of operations to the 
     replacement facilities. The schedule shall include a detailed 
     plan regarding how the Department of Defense will carry out 
     the transition of operations between Walter Reed Army Medical 
     Hospital and the replacement facilities.
       (2) Submission.--The Secretary of Defense shall submit the 
     resulting milestone schedule and transition plan to the 
     congressional defense committees as soon as possible after 
     the date of the enactment of this Act, but in no case later 
     than the date on which the Secretary makes the certification 
     under subsection (a) with regard to compliance with this 
     subsection.

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

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

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

Sec. 2801. Incorporation of principles of sustainable design in 
              documents submitted as part of proposed military 
              construction projects.
Sec. 2802. Extension of authority to use operation and maintenance 
              funds for construction projects outside the United 
              States.
Sec. 2803. Revision of maximum lease amount applicable to certain 
              domestic Army family housing leases to reflect previously 
              made annual adjustments in amount.
Sec. 2804. Use of military family housing constructed under build and 
              lease authority to house members without dependents.
Sec. 2805. Lease of military family housing to the Secretary of Defense 
              for use as residence.
Sec. 2806. Repeal of reporting requirement in connection with 
              installation vulnerability assessments.
Sec. 2807. Modification of alternative authority for acquisition and 
              improvement of military housing.
Sec. 2808. Report on capturing housing privatization best practices.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of exceptions to congressional reporting 
              requirements for certain real property transactions.
Sec. 2812. Authority to lease non-excess property of military 
              departments and Defense Agencies.
Sec. 2813. Modification of utility system conveyance authority.
Sec. 2814. Permanent authority to purchase municipal services for 
              military installations in the United States.
Sec. 2815. Defense access roads.
Sec. 2816. Protecting private property rights during Department of 
              Defense land acquisitions.

           Subtitle C--Provisions Related to Guam Realignment

Sec. 2821. Guam Defense Policy Review Initiative Account.
Sec. 2822. Sense of Congress regarding use of Special Purpose Entities 
              for military housing related to Guam realignment.

[[Page 10795]]

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

                      Subtitle D--Energy Security

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

                      Subtitle E--Land Conveyances

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

                       Subtitle F--Other Matters

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to 
              Arlington National Cemetery.
Sec. 2872. Decontamination and use of former bombardment area on island 
              of Culebra.
Sec. 2873. Acceptance and use of gifts for construction of additional 
              building at National Museum of the United States Air 
              Force, Wright-Patterson Air Force Base.
Sec. 2874. Establishment of memorial to American Rangers at Fort 
              Belvoir, Virginia.
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval 
              Base, Hawaii.
Sec. 2876. Naming of health facility, Fort Rucker, Alabama.

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

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

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

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

       Section 2808(a) of the Military Construction Authorization 
     Act for Fiscal Year 2004 (division B of Public Law 108-136; 
     117 Stat. 1723), as amended by section 2810 of the Military 
     Construction Authorization Act for Fiscal Year 2005 (division 
     B of Public Law 108-375; 118 Stat. 2128), section 2809 of the 
     Military Construction Authorization Act for Fiscal Year 2006 
     (division B of Public Law 109-163; 119 Stat. 3508), section 
     2802 of the Military Construction Authorization Act for 
     Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 
     2466), and section 2801(a) of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 538), is further amended by striking 
     ``2008'' and inserting ``2009''.

     SEC. 2803. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO 
                   CERTAIN DOMESTIC ARMY FAMILY HOUSING LEASES TO 
                   REFLECT PREVIOUSLY MADE ANNUAL ADJUSTMENTS IN 
                   AMOUNT.

       Section 2828(b)(7)(A) of title 10, United States Code, is 
     amended by striking ``$18,620 per unit'' and inserting 
     ``$35,000 per unit''.

     SEC. 2804. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER 
                   BUILD AND LEASE AUTHORITY TO HOUSE MEMBERS 
                   WITHOUT DEPENDENTS.

       (a) In General.--Subchapter II of chapter 169 of title 10, 
     United States Code, is amended by inserting after section 
     2835 the following new section:

     ``Sec. 2835a. Use of military family housing constructed 
       under build and lease authority to house other members

       ``(a) Individual Assignment of Members Without 
     Dependents.--(1) To the extent that the Secretary concerned 
     determines that military family housing constructed and 
     leased under section 2835 of this title is not needed to 
     house members of the armed forces eligible for assignment to 
     military family housing, the Secretary may assign, without 
     rental charge, members without dependents to the housing.
       ``(2) A member without dependents who is assigned to 
     housing pursuant to paragraph (1) shall be considered to be 
     assigned to quarters pursuant to section 403(e) of title 37.
       ``(b) Conversion to Long-Term Leasing of Military 
     Unaccompanied Housing.--(1) If the Secretary concerned 
     determines that military family housing constructed and 
     leased under section 2835 of this title is excess to the 
     long-term needs of the family housing program of the 
     Secretary, the Secretary may convert the lease contract 
     entered into under subsection (a) of such section into a 
     long-term lease of military unaccompanied housing.
       ``(2) The term of the lease contract for military 
     unaccompanied housing converted from military family housing 
     under paragraph (1) may not exceed the remaining term of the 
     lease contract for the family housing so converted.
       ``(c) Notice and Wait Requirements.--(1) The Secretary 
     concerned may not convert military family housing to military 
     unaccompanied housing under subsection (b) until--
       ``(A) the Secretary submits to the congressional defense 
     committees a notice of the intent to undertake the 
     conversion; and
       ``(B) a period of 21 days has expired following the date on 
     which the notice is received by the committees or, if 
     earlier, a period of 14 days has expired following the date 
     on which a copy of the notice is provided in an electronic 
     medium pursuant to section 480 of this title.
       ``(2) The notice required by paragraph (1) shall include--
       ``(A) an explanation of the reasons for the conversion of 
     the military family housing to military unaccompanied 
     housing;
       ``(B) a description of the long-term lease to be converted;
       ``(C) amounts to be paid under the lease; and
       ``(D) the expiration date of the lease.
       ``(d) Application to Housing Leased Under Former 
     Authority.--This section also shall apply to housing 
     initially acquired or constructed under the former section 
     2828(g) of this title (commonly known as the `Build to Lease 
     program'), as added by section 801 of the Military 
     Construction Authorization Act, 1984 (Public Law 98-115; 97 
     Stat 782).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2835 the following new item:

``2835a. Use of military family housing constructed under build and 
              lease authority to house other members.''.

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

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

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

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

[[Page 10796]]

     into a special account in the Treasury established for such 
     military department.
       ``(2) The proceeds deposited into a special account of a 
     military department pursuant to paragraph (1) shall be 
     available to the Secretary of that military department, in 
     such amounts as are provided in advance in appropriation 
     Acts, for maintenance, protection, alteration, repair, 
     improvement, or restoration of military housing on the 
     installation at which the housing leased pursuant to 
     subsection (a) is located.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

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

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

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

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

       (a) Partnership With Eligible Entity Required.--Section 
     2871(5) of title 10, United States Code, is amended by 
     inserting before the period at the end the following: ``that 
     is prepared to enter into a contract as a partner with the 
     Secretary concerned for the construction of military housing 
     units and ancillary supporting facilities''.
       (b) Bonding Requirements for Eligible Entities.--Section 
     2872 of such title is amended--
       (1) by inserting ``(a) Availability of Alternative 
     Authorities.--'' before ``In addition''; and
       (2) by adding at the end the following new subsection:
       ``(b) Bonding Requirements for Eligible Entities.--The 
     Secretary concerned shall ensure that an eligible entity that 
     will acquire or construct housing units or ancillary 
     supporting facilities under this subchapter is fully bonded 
     for the construction of the units or facilities by obtaining 
     payment and performance bonds in an amount not less than 100 
     percent of the maximum price allowable under the contract for 
     the overall project.''.
       (c) Competitive Process for Conveyance or Lease of 
     Property.--Section 2878 of such title is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e); respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Competitive Process.--The Secretary concerned shall 
     ensure that the time, method, and terms and conditions of the 
     conveyance or lease of property or facilities under this 
     section permit full and free competition consistent with the 
     value and nature of the property or facilities involved.''.
       (d) Treatment of Acquired or Constructed Housing Units.--
       (1) Repeal of separate assignment authority.--Section 2882 
     of such title is amended to read as follows:

     ``Sec. 2882. Effect of assignment of members to housing units 
       acquired or constructed under alternative authority

       ``(a) Treatment as Quarters of the United States.--Except 
     as provided in subsection (b), housing units acquired or 
     constructed under this subchapter shall be considered as 
     quarters of the United States or a housing facility under the 
     jurisdiction of a uniformed service for purposes of section 
     403 of title 37.
       ``(b) Availability of Basic Allowance for Housing.--A 
     member of the armed forces who is assigned to a housing unit 
     acquired or constructed under this subchapter that is not 
     owned or leased by the United States shall be entitled to a 
     basic allowance for housing under section 403 of title 37.
       ``(c) Lease Payments Through Pay Allotments.--The Secretary 
     concerned may require members of the armed forces who lease 
     housing in housing units acquired or constructed under this 
     subchapter to make lease payments for such housing pursuant 
     to allotments of the pay of such members under section 701 of 
     title 37.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter IV of chapter 169 of such title is 
     amended by striking the item relating to section 2882 and 
     inserting the following new item:

``2882. Effect of assignment of members to housing units acquired or 
              constructed under alternative authority.''.
       (e) Annual Report on Maintenance and Repair to Privatized 
     General and Flag Officer Quarters.--Section 2884(b) of such 
     title is amended by adding at the end the following new 
     paragraph:
       ``(7) A report identifying each family housing unit 
     acquired or constructed under this subchapter that is used, 
     or intended to be used, as quarters for a general officer or 
     flag officer and for which the total operation, maintenance, 
     and repair costs for the unit exceeded $35,000. For each 
     housing unit so identified, the report shall also include the 
     total of such operation, maintenance, and repair costs.''.

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

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

        Subtitle B--Real Property and Facilities Administration

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

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

     SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY 
                   DEPARTMENTS AND DEFENSE AGENCIES.

       (a) Consolidation of Separate Authorities.--
       (1) Establishment of single authority.--Subsection (a) of 
     section 2667 of title 10, United States Code, is amended to 
     read as follows:
       ``(a) Lease Authority.--Whenever the Secretary concerned 
     considers it advantageous to the United States, the Secretary 
     concerned may lease to such lessee and upon such terms as the 
     Secretary concerned considers will promote the national 
     defense or to be in the public interest, real or personal 
     property that--
       ``(1) is under the control of the Secretary concerned;
       ``(2) is not for the time needed for public use; and
       ``(3) is not excess property, as defined by section 102 of 
     title 40.''.
       (2) Secretary concerned defined.--Subsection (i) of such 
     section is amended by adding at the end the following new 
     paragraph:
       ``(4) The term `Secretary concerned' means--
       ``(A) the Secretary of a military department, with respect 
     to matters concerning that military department; and
       ``(B) the Secretary of Defense, with respect to matters 
     concerning the Defense Agencies.''.
       (b) Limitation on Duration of Lease.--Subsection (b)(1) of 
     such section is amended by inserting ``, but not to exceed 50 
     years,'' after ``longer period''.
       (c) Prohibition on Leaseback With Excessive Annual 
     Payments.--Subsection (b) of such section is amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(7) may not provide for a leaseback by the Secretary 
     concerned with an annual payment in excess of $500,000.''.
       (d) Improved Congressional Notification Requirements.--
     Paragraph (4) of subsection (c) of such section is amended to 
     read as follows:
       ``(4)(A) Not later than 30 days before issuing a contract 
     solicitation or other lease offering under this section for a 
     lease whose annual payment, including any in-kind 
     consideration to be accepted under subsection (b)(5) or this 
     subsection, will exceed $500,000, the Secretary concerned 
     shall submit to the congressional defense committees a report 
     containing--
       ``(i) a description of the proposed lease, including the 
     proposed duration of the lease;
       ``(ii) a description of the authorities to be used in 
     entering the lease and the intended participation of the 
     United States in the lease, including a justification of the 
     intended method of participation;
       ``(iii) a statement of the scored cost of the lease, 
     determined using the scoring criteria of the Office of 
     Management and Budget;
       ``(iv) a determination that the property involved in the 
     lease is not excess property, as required by subsection 
     (a)(3), including the basis for the determination; and
       ``(v) a determination that the lease is directly compatible 
     with the mission of the military installation or Defense 
     Agency whose property is to be subject to the lease and the 
     anticipated long-term use of the property at the conclusion 
     of the lease.
       ``(B) In the case of a lease described in subparagraph (A), 
     the Secretary concerned also shall submit to the 
     congressional defense committees a report at least 30 days 
     before the date on which the Secretary concerned enters into 
     a lease the following information:
       ``(i) A copy of the report submitted under subparagraph 
     (A).
       ``(ii) A description of the differences between the report 
     submitted under that subparagraph and the new report.
       ``(iii) A description of the agreement reached with the 
     local municipality on taxation issues and other development 
     issues related to the proposed project, including payments-
     in-lieu-of taxes.
       ``(iv) A description of the lessee payment required under 
     this section.''.
       (e) Prohibition on Acceptance of In-Kind To Support Certain 
     MWR Projects.--Subsection (c) of such section is amended by 
     adding at the end the following new paragraph:

[[Page 10797]]

       ``(5) The Secretary concerned may not accept in-kind 
     consideration under paragraph (1) with respect to a lease 
     under this section to support the development of a project 
     for a nonappropriated fund activity of the Department of 
     Defense conducted for the morale, welfare, and recreation of 
     members of the armed forces if the revenues estimated to be 
     generated from the resulting facility would generally cover 
     the operating expenses of the facility.''.
       (f) Conforming Amendments to References to Military 
     Departments and Installations.--
       (1) Community support facilities and community support 
     services.--Subsection (d) of such section is amended--
       (A) in paragraph (2), by striking ``Secretary of a military 
     department'' and inserting ``Secretary concerned''; and
       (B) in paragraphs (3), (4), and (6), by striking ``of the 
     military department'' each place it appears.
       (2) Deposit and use of proceeds.--Subsection (e) of such 
     section is amended--
       (A) in paragraph (1)(A)--
       (i) in the matter preceding clause (i)--

       (I) by striking ``Secretary of a military department'' and 
     inserting ``Secretary concerned''; and
       (II) by striking ``such military department'' and inserting 
     ``that Secretary'';

       (ii) in clause (iii), by striking ``military department'' 
     and inserting ``Secretary''
       (B) in paragraph (1)(B)(i), by striking ``Secretary of a 
     military department'' and inserting ``Secretary concerned'';
       (C) in paragraph (1)(C), by striking ``of a military 
     department pursuant to subparagraph (A) shall be available to 
     the Secretary of that military department'' and inserting 
     ``established for the Secretary concerned shall be available 
     to the Secretary'';
       (D) in paragraph (1)(D)--
       (i) by striking ``of a military department under 
     subparagraph (A)'' and inserting ``established for the 
     Secretary concerned''; and
       (ii) by inserting ``or Defense Agency location'' after 
     ``military installation'';
       (E) in paragraph (1)(E), by striking ``installation'' and 
     inserting ``military installation or Defense Agency 
     location''; and
       (F) in paragraph (3), by striking ``Secretary of a military 
     department'' and inserting ``Secretary concerned''.
       (3) Base closure property.--Subsection (g)(1) of such 
     section is amended by striking ``Secretary of a military 
     department'' and inserting ``Secretary concerned''.
       (g) Repeal of Separate Defense Agency Authority.--
       (1) Repeal.--Section 2667a of such title is repealed.
       (2) Effect on existing contracts.--The repeal of section 
     2667a of title 10, United States Code, shall not affect the 
     validity or terms of any lease with respect to property of a 
     Defense Agency entered into by the Secretary of Defense under 
     such section before the date of the enactment of this Act.
       (3) Treatment of money rents.--Amounts in any special 
     account established for a Defense Agency pursuant to 
     subsection (d) of section 2667a of title 10, United States 
     Code, before repeal of such section by paragraph (1), and 
     amounts that would be deposited in such an account in 
     connection with a lease referred to in paragraph (2), shall--
       (A) remain available until expended for the purposes 
     specified in such subsection, notwithstanding the repeal of 
     such section by paragraph (1); or
       (B) to the extent provided in appropriations Acts, be 
     transferred to the special account required for the Secretary 
     of Defense by subsection (e) of section 2667 of such title, 
     as amended by subsection (f)(2) of this section.
       (h) Clerical Amendments.--
       (1) Section heading.--The heading of section 2667 of such 
     title is amended to read as follows:

     ``Sec. 2667. Leases: non-excess property of military 
       departments and Defense Agencies''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 159 of such title is amended by striking 
     the items relating to sections 2667 and 2667a and inserting 
     the following new item:

``2667. Leases: non-excess property of military departments and Defense 
              Agencies.''.

     SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE 
                   AUTHORITY.

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

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

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

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

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

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

     SEC. 2815. DEFENSE ACCESS ROADS.

       (a) Basis for Transportation Needs Assessment.--Section 
     210(a) of title 23, United States Code, is amended--
       (1) by striking ``(a)'' and inserting ``(a)(1)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) If it is determined that an action of the Department 
     of Defense will cause a significant transportation impact to 
     access to a military reservation, the Secretary of Defense 
     shall conduct a transportation needs assessment to assess the 
     magnitude of the improvement required to address the 
     impact.''.

[[Page 10798]]

       (b) Report on Recently Identified Transportation Impacts.--
     Not later than April 1, 2009, the Secretary of Defense shall 
     submit to the congressional defense committees and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report that details the significant 
     transportation impacts resulting from actions of the 
     Department of Defense since January 1, 2005. In the report, 
     the Secretary shall assess the funding requirements necessary 
     to address transportation needs resulting from these 
     significant transportation impacts.

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

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

           Subtitle C--Provisions Related to Guam Realignment

     SEC. 2821. GUAM DEFENSE POLICY REVIEW INITIATIVE ACCOUNT.

       (a) Establishment of Account.--There is established on the 
     books of the Treasury an account to be known as the ``Guam 
     Defense Policy Review Initiative Account'' (in this section 
     referred to as the ``account'').
       (b) Credits to Account.--
       (1) Amounts in fund.--There shall be credited to the 
     account all contributions received during fiscal year 2009 
     and subsequent fiscal years under section 2350k of title 10, 
     United States Code, for the realignment of military 
     installations and the relocation of military personnel on 
     Guam.
       (2) Notice of receipt of contributions.--The Secretary of 
     Defense shall submit to the congressional defense committees 
     written notice of the receipt of contributions referred to in 
     paragraph (1), including the amount of the contributions, not 
     later than 30 days after receiving the contributions.
       (c) Use of Account.--
       (1) Authorized uses.--Subject to paragraph (2), to the 
     extent provided in advance in appropriations Acts, amounts in 
     the account may be used as follows:
       (A) To carry out or facilitate the carrying out of a 
     transaction authorized by this section in connection with the 
     realignment of military installations and the relocation of 
     military personnel on Guam, including military construction, 
     military family housing, unaccompanied housing, general 
     facilities constructions for military forces, and utilities 
     improvements.
       (B) To carry out improvements of property or facilities on 
     Guam as part of such a transaction.
       (C) To obtain property support services for property or 
     facilities on Guam resulting from such a transaction.
       (D) To develop military facilities or training ranges in 
     the Commonwealth of the Northern Mariana Islands.
       (2) Compliance with guam master plan.--Transactions 
     authorized by paragraph (1) shall be consistent with the Guam 
     Master Plan, as incorporated in decisions made in the manner 
     provided in section 102 of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332).
       (3) Limitation regarding military housing.--To extent that 
     the authorities provided under subchapter IV of chapter 169 
     of title 10, United States Code, are available to the 
     Secretary of Defense, the Secretary shall use such 
     authorities to acquire, construct, or improve family housing 
     units, military unaccompanied housing units, or ancillary 
     supporting facilities in connection with the relocation of 
     military personnel on Guam.
       (4) Special requirements regarding use of contributions.--
       (A) Treatment of contributions.--Except as provided in 
     subparagraph (C), the use of contributions referred to in 
     subsection (b)(1) shall not subject to conditions imposed on 
     the use of appropriated funds by chapter 169 of title 10, 
     United States Code, or contained in annual military 
     construction appropriations Acts.
       (B) Notice of obligation.--Contributions referred to in 
     subsection (b)(1) may not be obligated for a transaction 
     authorized by paragraph (1) until the Secretary of Defense 
     submits to the congressional defense committees notice of the 
     transaction, including a detailed cost estimate, and a period 
     of 21 days has elapsed after the date on which the 
     notification is received by the committees or, if earlier, a 
     period of 14 days has elapsed after the date on which a copy 
     of the notification is provided in an electronic medium.
       (C) Cost and scope of work variations.--Section 2853 of 
     title 10, United States Code, shall apply to the use of 
     contributions referred to in subsection (b)(1).
       (D) Compliance with wage rate requirements.--Subchapter IV 
     of chapter 31 of title 40, United States Code, shall apply to 
     the use of contributions referred to in subsection (b)(1).
       (d) Transfer Authority.--
       (1) Transfer to housing funds.--The Secretary of Defense 
     may transfer funds from the Guam Defense Policy Review 
     Initiative Account to the following funds:
       (A) The Department of Defense Family Housing Improvement 
     Fund established by section 2883(a)(1) of title 10, United 
     States Code.
       (B) The Department of Defense Military Unaccompanied 
     Housing Improvement Fund established by section 2883(a)(2) of 
     such title.
       (2) Treatment of transferred amounts.--Amounts transferred 
     under paragraph (1) to a fund referred to in that paragraph 
     shall be available in accordance with the provisions of 
     section 2883 of title 10, United States Code for activities 
     on Guam authorized under subchapter IV of chapter 169 of such 
     title.
       (e) Report Regarding Guam Military Construction.--Not later 
     than February 15 of each year, the Secretary of Defense shall 
     submit to Congress a report containing information on each 
     military construction project included in the budget 
     submission for the next fiscal year related to the 
     realignment of military installations and the relocation of 
     military personnel on Guam. The Secretary shall present the 
     information in manner consistent with the presentation of 
     projects in the military construction accounts for each of 
     the military departments in the budget submission. The report 
     shall also include projects associated with the realignment 
     of military installations and relocation of military 
     personnel on Guam that are included in the future-years 
     defense program pursuant to section 221 of title 10, United 
     States Code.

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

       (a) Nature of Special Purpose Entities.--It is the sense of 
     Congress that any Special Purpose Entity established to 
     assist in the provision of military family housing in 
     connection with the realignment of military installations and 
     the relocation of military personnel on Guam should--
       (1) be operated, to the extent practicable, in the manner 
     provided for public-private ventures under subchapter IV of 
     chapter 169 of title 10, United States Code; and
       (2) be conducted as joint ventures between Japanese and 
     United States private firms, except that any military family 
     housing venture carried out by such a joint venture should be 
     primarily managed by a United States private firm.
       (b) Scope of Activities.--It is the sense of Congress that 
     funding for such a Special Purpose Entity should not be 
     limited to only utility improvements and the construction of 
     military family housing in connection with the realignment of 
     military installations and the relocation of military 
     personnel on Guam.
       (c) Utility Infrastructure Improvements.--It is the sense 
     of Congress that funding for such a Special Purpose Entity 
     should support proposed utility infrastructure improvements 
     on Guam that incorporate the civilian and military 
     infrastructure into a single grid to realize and maximize the 
     effectiveness of the overall utility system.
       (d) Military Family Housing.--It is the sense of Congress 
     that the building requirements imposed for any military 
     family housing constructed by such a Special Purpose Entity 
     in connection with the realignment of military installations 
     and the relocation of military personnel on Guam should be 
     established by the Department of Defense in accordance with 
     current building standards that are used with other projects.
       (e) Special Purpose Entity Defined.--In this section, the 
     term ``Special Purpose Entity'' means a wholly independent 
     entity established for a specific and limited purpose to 
     facilitate the realignment of military installations and the 
     relocation of military personnel on Guam.

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

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense, in coordination with the 
     Interagency Group on Insular Areas, should enter into a 
     memorandum of understanding with the Government of Guam to 
     identify, before the realignment of military installations 
     and the relocation of military personnel on Guam, local 
     funding requirements for civilian infrastructure development 
     and other needs related to the realignment and relocation. 
     The memorandum of understanding would stipulate the 
     commitment of Federal agencies to assist the Government of 
     Guam in carrying out the Guam realignment in a responsible 
     and consistent manner.
       (b) Interagency Group on Insular Areas Defined.--In this 
     section, the term ``Interagency Group on Insular Areas'' 
     means the interagency group established by Executive Order 
     No. 13299 of May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note 
     prec. 1451). The term includes any sub-group or working group 
     of that interagency group.

     SEC. 2824. COMPTROLLER GENERAL REPORT REGARDING INTERAGENCY 
                   REQUIREMENTS RELATED TO GUAM REALIGNMENT.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit to Congress a report on the status of 
     interagency coordination through the Interagency Group on 
     Insular Areas of budgetary requests to assist the Government 
     of Guam with its budgetary requirements related to the 
     realignment of military forces on Guam. The report shall 
     address to what extent and how the Interagency Group on 
     Insular Areas will be able to coordinate interagency budgets 
     so the realignment of military forces on Guam will meet the 
     2014 completion date as stipulated in the May 2006 security 
     agreement between the United States and Japan.
       (b) Interagency Group on Insular Areas Defined.--In this 
     section, the term ``Interagency Group on Insular Areas'' 
     means the

[[Page 10799]]

     interagency group established by Executive Order No. 13299 of 
     May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451). 
     The term includes any sub-group or working group of that 
     interagency group.

     SEC. 2825. ENERGY AND ENVIRONMENTAL DESIGN INITIATIVES IN 
                   GUAM MILITARY CONSTRUCTION AND INSTALLATIONS.

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

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

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

     SEC. 2827. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS FOR MILITARY BASE REUSE STUDIES 
                   AND COMMUNITY PLANNING ASSISTANCE.

       (a) Inclusion in Definition of Military Installation.--
     Section 2687(e)(1) of title 10, United States Code, is 
     amended by inserting after ``Virgin Islands,'' the following: 
     ``the Commonwealth of the Northern Mariana Islands,''.
       (b) Inclusion of Facilities Owned and Operated by 
     Commonwealth.--Section 2391(d)(1) of title 10, United States 
     Code, is amended by inserting after ``Guam,'' the following: 
     ``the Commonwealth of the Northern Mariana Islands,''.

     SEC. 2828. PREVAILING WAGE APPLICABLE TO GUAM.

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

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

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

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

                      Subtitle D--Energy Security

     SEC. 2841. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-
                   RELATED PROJECTS.

       Section 2667(h) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5) If a proposed lease under subsection (a) involves a 
     project related to energy production and the term of the 
     lease exceeds 20 years, the Secretary concerned may not enter 
     into the lease until at least 30 days after the date on which 
     the Secretary of Defense submits to the congressional defense 
     committees a certification that the lease is consistent with 
     the Department of Defense performance goals and plan required 
     by section 2911 of this title.''.

     SEC. 2842. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 
                   INSTALLATIONS ENERGY MANAGEMENT.

       Section 2925(a) of title 10, United States Code, is 
     amended--
       (1) by striking the subsection heading and inserting the 
     following: ``Annual Report Related to Installations Energy 
     Management.--''
       (2) in paragraph (1), by inserting ``, the Energy 
     Independence and Security Act of 2007 (Public Law 110-140),'' 
     after ``58)''; and
       (3) by adding at the end the following new paragraph:
       ``(6) A description and estimate of the progress made by 
     the military departments to meet the certification 
     requirements for sustainable green-building standards in 
     construction and major renovations.''.

                      Subtitle E--Land Conveyances

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

       (a) Conveyance Required.--The Secretary of the Navy shall 
     convey to the redevelopment authority for the former Naval 
     Air Station Alameda, California (in this section referred to 
     as the ``redevelopment authority''), all right, title and 
     interest of the United States in and to the real and personal 
     property comprising Naval Air Station Alameda, except those 
     parcels identified for public benefit conveyance and certain 
     surplus lands at the Naval Air Station Alameda described in 
     the Federal Register on November 5, 2007. In this section, 
     the real and personal property to be conveyed under this 
     section is referred to as the ``NAS Property''.
       (b) Multiple Conveyances.--The conveyance of the NAS 
     Property may be conducted through multiple parcel transfers.
       (c) Consideration Options.--As consideration for the 
     conveyance of the NAS Property under subsection (a), the 
     Secretary of the Navy and the redevelopment authority shall 
     agree upon one of the following options:
       (1) Not later than nine months after the date of the 
     enactment of this Act, the redevelopment authority shall 
     accept the consideration terms described in the document 
     negotiated between the redevelopment authority and the 
     Secretary of the Navy known as the draft ``Summary of 
     Acquisition Terms and Conditions'' and dated September 18, 
     2006, as such language may be amended, with value to be 
     determined for the portion of the NAS Property known as 
     Parcel 3, and subsequently make payments to the Secretary in 
     accordance with such document.
       (2)(A) The redevelopment authority shall ensure that the 
     entity that acquires title to the NAS Property for 
     development (in this paragraph referred to as the 
     ``development entity'') submits to the Secretary of the Navy 
     a down payment of $10,000,000 dollars at the time the initial 
     portion of the NAS Property is conveyed to the development 
     entity.
       (B) In addition, the redevelopment entity shall submit to 
     the Secretary 12 percent of all gross residential and 
     commercial building sales to the first bona-fide, arms-length 
     third-party buyer, whether as new construction or the sale of 
     rehabilitated existing structures. In the event that the 
     development entity transfers all or any portion of the NAS 
     Property to a third party, including any subsidiaries, before 
     the completion of new or rehabilitated construction, the 
     development entity shall satisfy the payment requirement as 
     prescribed in this paragraph at such time as the NAS Property 
     is conveyed to a bona-fide, arms-length third-party buyer. 
     This obligation shall not apply to the sale of any buildings 
     on land held in the public trust by the State of California 
     or sales of land or buildings for the purposes of 
     constructing or otherwise providing affordable housing, as 
     determined by the Secretary.
       (3)(A) The redevelopment authority shall submit 80 percent 
     of the gross proceeds received by the redevelopment authority 
     from the redevelopment authority's competitive solicitation 
     of any portion of the NAS Property not encumbered by the 
     public trust.
       (B) To comply with this paragraph, the redevelopment 
     authority shall--
       (i) prepare, for review and approval by the Secretary of 
     the Navy, commercially reasonable solicitation materials 
     consisting of a request for qualifications and a request for 
     proposals for the conveyance or lease of the NAS Property, as 
     appropriate, in accordance with established contract 
     principles, and such approval by the Secretary shall not be 
     unreasonably withheld; and
       (ii) pay to the Secretary the required share of monies 
     received by the redevelopment authority by reason of any 
     contract or agreement executed as a result of the 
     solicitation.
       (d) Existing Uses.--During the three-year period beginning 
     on the date on which the first conveyance under this section 
     is made, the redevelopment authority shall make reasonable 
     efforts to accommodate the continued use by the United States 
     of those portions of the NAS Property covered by a request 
     for Federal Land Transfer so long as the accommodation of 
     such use is at no cost or expense to the redevelopment 
     authority. Such accommodations shall provide adequate 
     protection for the endangered California Least Tern in 
     accordance with the requirements of the existing Biological 
     Opinion for Naval Air Station Alameda dated March 22, 1999, 
     and any future amendments to the Biological Opinion.
       (e) Remediation.--The Secretary of the Navy shall, to the 
     extent practicable, remediate the NAS Property to the 
     standard included by the Secretary and the redevelopment 
     authority in the document referred to in subsection (c)(1).
       (f) Savings Provision.--Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (g) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by a survey satisfactory to the 
     Department.
       (h) Master Lease.--The Lease in Furtherance of Conveyance, 
     dated June 2000, as amended, between the Secretary of the 
     Navy and the redevelopment authority shall remain in full 
     force and effect until conveyance of the NAS Property in 
     accordance with this section, and a lease amendment 
     recognizing this section shall be offered by the Secretary.
       (i) Treatment of Amounts Received.--Amounts received by the 
     United States under

[[Page 10800]]

     this section shall be credited to the fund or account 
     intended to receive proceeds from the disposal of the NAS 
     Property pursuant to the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note).
       (j) Additional Terms and Conditions.--The Secretary of the 
     Navy may require such additional terms and conditions in 
     connection with the conveyance under subsections (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

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

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, to the City of Norwalk, 
     California (in this section referred to as the ``City''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including improvements thereon, 
     consisting of approximately 10 acres of the Norwalk Defense 
     Fuel Supply Point in Norwalk, California, for the purpose of 
     permitting the City to utilize the property for recreational 
     purposes as an addition to the adjacent Holifield Park. In 
     connection with the conveyance, the Secretary may make a 
     payment to the City to assist the City in making municipal 
     upgrades in the vicinity of the Norwalk Defense Fuel Supply 
     Point.
       (b) Environmental Remediation.--The Secretary shall manage 
     and carry out environmental remediation activities with 
     respect to the property to be conveyed under subsection (a) 
     that, at a minimum, achieve the standard sufficient to allow 
     the property to be used for the purposes specified in such 
     subsection. The Secretary shall endeavor to enter into an 
     agreement with the holder of an easement on the property to 
     ensure that the easement holder participates in the 
     remediation of the property.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the City 
     to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the City in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the City.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (e) Savings Provision.--Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (f) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2853. LAND CONVEYANCE, FORMER NAVAL STATION, TREASURE 
                   ISLAND, CALIFORNIA.

       (a) Conveyance Authorized.--The Secretary of the Navy shall 
     convey to the redevelopment authority for former Naval 
     Station, Treasure Island, California (in this section 
     referred to as the ``redevelopment authority''), all right, 
     title, and interest of the United States in and to a parcel 
     of real property consisting of those portions of the former 
     Naval Station still retained by the Navy as of the date of 
     the enactment of this Act and personal property and related 
     utilities and improvements thereon.
       (b) Consideration.--As consideration for the conveyance of 
     the property under subsection (a), the Secretary and the 
     redevelopment authority shall agree upon at least one of the 
     following options:
       (1) Subject to subsection (c), the redevelopment authority 
     shall assume the remaining obligations of the Department of 
     Defense to address releases or threatened releases of 
     hazardous substances and petroleum and its constituents, to 
     the extent necessary to obtain regulatory closure from 
     relevant California and Federal environmental regulatory 
     agencies, including a CERCLA covenant deferral by the 
     Governor of the State of California.
       (2) The redevelopment authority shall pay the United States 
     a share of the gross revenues that the redevelopment 
     authority receives from third-party buyers or lessees from 
     sales and long-term leases of the conveyed property.
       (c) Environmental Remediation Exceptions.--Under the 
     consideration option provided by subsection (b)(1), the 
     redevelopment authority shall not be required to accept any 
     responsibility for--
       (1) ordnance, explosives, munitions or similar devices or 
     materials located on the conveyed property;
       (2) radiological materials located on the conveyed 
     property, where those materials were not identified before 
     the conveyance under subsection (a) and were authorized to 
     remain in place subject to the establishment of institutional 
     controls enforced by a covenant with the California 
     Department of Toxic Substances Control and deed restrictions 
     to the property recipient;
       (3) chemical or biological weapons or constituents thereof 
     located on the conveyed property; and
       (4) releases of hazardous substances and petroleum and its 
     constituents located on the conveyed property, if the release 
     of the hazardous substances or petroleum and its constituents 
     was not discovered at the time of the conveyance and the 
     costs of remediation of such unknown releases is not covered 
     by environmental insurance procured by or benefitting the 
     redevelopment authority.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     redevelopment authority to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance under 
     subsection (a), including survey costs, appraisal costs, and 
     other costs related to the conveyance. If amounts are 
     collected from the redevelopment authority in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the redevelopment authority.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a), 
     and not refunded under such paragraph, shall be--
       (A) counted toward the consideration otherwise required 
     from the redevelopment authority under subsection (b); and
       (B) credited to the fund or account that was used to cover 
     the costs incurred by the Secretary in carrying out the 
     conveyance.
       (3) Use of amounts received.--Amounts credited to a fund or 
     account under paragraph (2)(B) shall be merged with amounts 
     in the fund or account and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (e) Savings Provision.--Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsections (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States, so long as such additional terms and conditions do 
     not materially change the terms and conditions of this 
     section, including the consideration to be provided the 
     United States under subsection (b).

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

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

     SEC. 2855. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS 
                   ARMY RESERVE CENTER, SPRINGFIELD, OHIO.

       (a) Conveyance Authorized.--At such time as the Army 
     Reserve vacates the Sergeant First Class M.L. Downs Army 
     Reserve Center at 1515 West High Street in Springfield, Ohio, 
     the Secretary of the Army may convey, without consideration, 
     to the City of Springfield, Ohio (in this section referred to 
     as the ``City''), all right, title, and interest of the 
     United States in and to the parcel of real property, 
     including improvements thereon, containing the Reserve Center 
     for the purpose of permitting the City to utilize the 
     property for municipal government activities.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance, all right, title, and interest in and to such 
     real property, including any improvements and appurtenant 
     easements thereto, shall, at the option of the Secretary, 
     revert to and become the property of the United States, and 
     the United States shall have the right of immediate entry 
     onto such real property. A determination by the Secretary 
     under this subsection shall be made

[[Page 10801]]

     on the record after an opportunity for a hearing.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the City 
     to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the City in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the City.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (e) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2856. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, 
                   TENNESSEE.

       (a) Conveyance Authorization.--The Secretary of the Army 
     may convey, without consideration, to the State of Tennessee 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including any improvements thereon 
     and appurtenant easements thereto, consisting of 
     approximately 124 acres known as the John Sevier Range in 
     Knox County, Tennessee, if the State agrees to use such real 
     property as a public firing range and for associated 
     recreational activities.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the terms of the 
     conveyance, all right, title, and interest in and to such 
     real property, including any improvements and appurtenant 
     easements thereto, shall, at the option of the Secretary, 
     revert to and become the property of the United States, and 
     the United States shall have the right of immediate entry 
     onto such real property. A determination by the Secretary 
     under this subsection shall be made on the record after an 
     opportunity for a hearing.
       (c) Administrative Expenses.--In accordance with section 
     2695 of title 10, United State Code, the Secretary may accept 
     amounts provided by the State to cover administrative 
     expenses incurred by the Secretary with respect to the 
     conveyance authorized under subsection (a), including survey 
     expenses, expenses related to environmental documentation, 
     and other administrative expenses related to such conveyance. 
     Such amounts shall be credited, pursuant to subsection (c) of 
     section 2695 of such title, to the appropriation, fund, or 
     account from which such expenses were paid. If amounts are 
     collected from the State in advance of the Secretary 
     incurring such expenses, and the amount collected exceeds the 
     expenses actually incurred by the Secretary, the Secretary 
     shall refund the excess amount to the State.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property authorized to be conveyed 
     under subsection (a) shall be determined by a survey 
     satisfactory to the Secretary and the State.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance authorized under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 2857. LAND CONVEYANCE, BUREAU OF LAND MANAGEMENT LAND, 
                   CAMP WILLIAMS, UTAH.

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

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

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the State of Utah on behalf 
     of the Utah National Guard (in this section referred to as 
     the ``State'') all right, title, and interest of the United 
     States in and to two parcels of real property, including any 
     improvements thereon, that are located within the boundaries 
     of Camp Williams, Utah, consist of approximately 608 acres 
     and 308 acres, respectively, and are identified in the Utah 
     National Guard master plan as being necessary acquisitions 
     for future missions of the Utah National Guard.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection 
     (a), or any portion thereof, has been sold or is being used 
     solely for non-defense, commercial purposes, all right, 
     title, and interest in and to the property shall revert, at 
     the option of the Secretary, to the United States, and the 
     United States shall have the right of immediate entry onto 
     the property. It is not a violation of the reversionary 
     interest for the State to lease the property, or any portion 
     thereof, to private, commercial, or governmental interests if 
     the lease facilitates the construction and operation of 
     buildings, facilities, roads, or other infrastructure that 
     directly supports the defense missions of the Utah National 
     Guard. Any determination of the Secretary under this 
     subsection shall be made on the record after an opportunity 
     for a hearing.
       (c) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     State to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the State in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the State.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (d) Description of Real Property.--The exact acreage and 
     legal description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2859. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC 
                   TRAIL THROUGH FORT BELVOIR, VIRGINIA.

       (a) Agreement Authority.--The Secretary of the Army may 
     enter into a revocable at will easement with the Secretary of 
     the Interior to provide land along the perimeter of Fort 
     Belvoir, Virginia, to be used as a segment the Potomac 
     Heritage National Scenic Trail.
       (b) Selection Criteria.--In determining the extent of the 
     easement, the Secretary of the Army shall provide for a 
     single trail, and select alignments of the trail, along the 
     perimeter of Fort Belvoir. In making that determination, the 
     Secretary shall consider--
       (1) the perimeter security requirements to protect the 
     assets, people, and agency missions located at Fort Belvoir;
       (2) the appropriate setback from adjacent roadways to 
     provide for a safe and enjoyable experience for users of the 
     trail; and
       (3) any planned future expansion of roadways, including 
     United States Route 1, so that the trail will not be 
     adversely impacted by roadway construction.
       (c) Trail Administration and Management.--Any segment of 
     the Potomac Heritage National Scenic Trail along the 
     perimeter of Fort Belvoir shall be administered by the 
     Secretary of the Interior, acting through the National Park 
     Service, and shall be managed by the Secretary of the Army, 
     by an appropriate local agency, or by any other party 
     mutually acceptable to the Secretary of the Army and the 
     National Park Service. A written agreement confirming this 
     management arrangement shall be co-signed by the parties to 
     the easement agreement.

[[Page 10802]]



                       Subtitle F--Other Matters

     SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL 
                   ANNEX TO ARLINGTON NATIONAL CEMETERY.

       Section 2881(h)(1) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 879), as amended by section 2871 of the 
     Military Construction Authorization Act for Fiscal Year 2008 
     (division B of Public Law 110-181; 122 Stat. 561), is further 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2012''.

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

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

     SEC. 2873. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 
                   ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE 
                   UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR 
                   FORCE BASE.

       (a) Acceptance Authorized.--The Secretary of the Air Force 
     may accept from the Air Force Museum Foundation, a private 
     nonprofit corporation, gifts in the form of cash, treasury 
     instruments, or comparable United States securities for the 
     purpose of paying the costs of design and construction of a 
     fourth building for the National Museum of the United States 
     Air Force at Wright-Patterson Air Force Base, Ohio. In making 
     a gift, the Air Force Museum Foundation may specify that all 
     or part of the amount of the gift be utilized solely for the 
     purpose of the design and construction of a particular 
     portion of the building.
       (b) Escrow Account.--
       (1) Deposit of gifts.--The Secretary of the Air Force, 
     acting through the Director of Financial Management of the 
     Air Force Materiel Command (in this section referred to as 
     the ``Director''), shall deposit the amount of any gift 
     accepted under subsection (a) in an escrow account 
     established for that purpose.
       (2) Investment.--Amounts in the escrow account not required 
     to meet current requirements of the account shall be invested 
     in public debt securities with maturities suitable to the 
     needs of the account, as determined by the Director, and 
     bearing interest at rates that take into consideration 
     current market yields on outstanding marketable obligations 
     of the United States of comparable securities. The income on 
     such investments shall be credited to and form a part of the 
     account.
       (3) Liquidation.--Upon final payment of all invoices and 
     claims associated with the design and construction of the 
     building described in subsection (a), the Secretary shall 
     terminate the escrow account. Any amounts remaining in the 
     account upon termination shall be available to the Secretary, 
     in such amounts as are provided in advance in appropriations 
     Acts, for such purposes as the Secretary considers 
     appropriate.
       (c) Use of Gifts.--
       (1) Design and construction.--The Director shall use 
     amounts in the escrow account, including income on 
     investments, to pay the costs of the design and construction 
     of a fourth building for the National Museum of the United 
     States Air Force, including progress payments for such design 
     and construction, subject to any conditions imposed by the 
     Air Force Museum Foundation under subsection (a). Amounts in 
     the account shall be available to the Director, in such 
     amounts as are provided in advance in appropriations Acts, 
     until expended.
       (2) Time for payment.--Amounts shall be payable under 
     paragraph (1) upon receipt by the Director of a notification 
     from the technical representative of the contracting officer 
     that construction activities for which such amounts are 
     payable under paragraph (1) have been undertaken. To the 
     maximum extent practicable consistent with good business 
     practice, the Director shall limit payment of amounts from 
     the account in order to maximize the return on investment of 
     amounts in the account.
       (d) Limitation on Contracts.--The Secretary of the Air 
     Force may not initiate a contract for the design or 
     construction of a particular portion of the building 
     described in subsection (a) until amounts in the escrow 
     account are sufficient to cover the amount of the contract.

     SEC. 2874. ESTABLISHMENT OF MEMORIAL TO AMERICAN RANGERS AT 
                   FORT BELVOIR, VIRGINIA.

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

     SEC. 2875. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR 
                   NAVAL BASE, HAWAII.

       (a) Lease.--The Secretary of the Navy shall enter into a 
     lease with the USS Missouri Memorial Association to authorize 
     the USS Missouri Memorial Association to use the pier Foxtrot 
     Five and related real property on Ford Island, Pearl Harbor 
     Naval Base, Hawaii, during calendar years 2009 and 2010.
       (b) Consideration.--The lease required by subsection (a) 
     shall be made without consideration.
       (c) Condition on Use of Leased Property.--As a condition on 
     the lease under subsection (a), the USS Missouri Memorial 
     Association shall agree to preserve and maintain the USS 
     Missouri for education purposes, historic preservation, and 
     community outreach.
       (d) Effect of Violation.--If the Secretary determines at 
     any time that the USS Missouri Memorial Association is not in 
     compliance with the condition imposed by subsection (c), the 
     Secretary may terminate the lease referred to in subsection 
     (a). Any determination of the Secretary under this subsection 
     shall be made on the record after an opportunity for a 
     hearing.

     SEC. 2876. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.

       The health facility located at 301 Andrews Avenue in Fort 
     Rucker, Alabama, shall be known and designated as the 
     ``Lyster Army/VA Health Clinic''. Any reference in a law, 
     map, regulation, document, paper, or other record of the 
     United States to such facility shall be deemed to be a 
     reference to the Lyster Army/VA Health Clinic.

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

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2904. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army 
              projects for which funds were not appropriated.

     SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

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

                     Army: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      Location            Amount
------------------------------------------------------------------------
Alaska............................  Fort Wainwright.....     $17,000,000
California........................  Fort Irwin..........     $11,800,000
Colorado..........................  Fort Carson.........      $8,400,000
Georgia...........................  Fort Benning........     $30,500,000
  ................................  Fort Gordon.........     $39,800,000
Hawaii............................  Schofield Barracks..     $12,500,000
Kentucky..........................  Fort Campbell.......      $9,900,000
  ................................  Fort Knox...........      $7,400,000
Missouri..........................  Fort Leonard Wood...     $50,000,000
North Carolina....................  Fort Bragg..........      $8,500,000
Oklahoma..........................  Fort Sill...........      $9,000,000
South Carolina....................  Fort Jackson........     $27,000,000
Texas.............................  Fort Bliss..........     $17,300,000
  ................................  Fort Hood...........      $7,200,000
                                    Fort Sam Houston....     $54,000,000
Virginia..........................  Fort Eustis.........     $50,000,000
  ................................  Fort Lee............      $7,400,000
------------------------------------------------------------------------

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

                     Army: Outside the United States
------------------------------------------------------------------------
                                       Installation or
              Country                     Location            Amount
------------------------------------------------------------------------
Afghanistan.......................  Various Locations...     $54,000,000
Iraq..............................  Baghdad.............     $13,000,000
  ................................  Camp Adder..........     $13,200,000
                                    Camp Ramadi.........      $6,200,000
  ................................  Fallujah............      $5,500,000
------------------------------------------------------------------------

       (c) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated on or after the date of the 
     enactment of this Act for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Army in the total amount of $440,700,000 as 
     follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $367,700,000.
       (2) For military construction projects outside the United 
     States authorized by subsection (b), $67,000,000.

[[Page 10803]]

       (3) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $6,000,000.

     SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 
                   PROJECTS.

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

                     Navy: Inside the United States
------------------------------------------------------------------------
                                     Installation or
              State                      Location            Amount
------------------------------------------------------------------------
California.......................  Camp Pendleton.....        $9,270,000
  ...............................  China Lake.........        $7,210,000
                                   Point Mugu.........        $7,250,000
                                   San Diego..........       $12,299,000
                                   Twentynine Palms...       $11,250,000
Florida..........................  Elgin Air Force              $780,000
                                    Base.
Mississippi......................  Gulfport...........        $6,570,000
North Carolina...................  Camp Lejeune.......       $27,980,000
Virginia.........................  Yorktown...........        $8,070,000
------------------------------------------------------------------------

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

                     Navy: Outside the United States
------------------------------------------------------------------------
                                     Installation or
             Country                     Location            Amount
------------------------------------------------------------------------
Djibouti.........................  Camp Lemonier......       $22,390,000
------------------------------------------------------------------------

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

     SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

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

                   Air Force: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Country                     Location            Amount
------------------------------------------------------------------------
California.......................  Beale Air Force           $17,600,000
                                    Base.
Florida..........................  Eglin Air Force           $11,000,000
                                    Base.
New Jersey.......................  McGuire Air Force          $6,200,000
                                    Base.
New Mexico.......................  Cannon Air Force           $8,000,000
                                    Base.
------------------------------------------------------------------------

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

                  Air Force: Outside the United States
------------------------------------------------------------------------
                                     Installation or
             Country                     Location            Amount
------------------------------------------------------------------------
Oman.............................  Masirah Air Base...        $6,300,000
Qatar............................  Al Udeid...........      $100,400,000
------------------------------------------------------------------------

       (c) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated on or after the date of the 
     enactment of this Act for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Air Force in the total amount of 
     $150,927,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $42,800,000.
       (2) For military construction projects outside the United 
     States authorized by subsection (b), $106,700,000.
       (3) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $1,427,000.

     SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 
                   ACQUISITION PROJECTS.

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

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Country                     Location            Amount
------------------------------------------------------------------------
Georgia..........................  Fort Benning.......      $350,000,000
Kansas...........................  Fort Riley.........      $404,000,000
North Carolina...................  Camp Lejeune.......      $122,000,000
------------------------------------------------------------------------

       (b) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated on or after the date of the 
     enactment of this Act for military construction, land 
     acquisition, and military family housing functions of the 
     Department of Defense (other than the military departments) 
     in the total amount of $956,000,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by subsection (a), $876,000,000.
       (2) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $80,000,000.

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

       The table in section 2901(b) of the Military Construction 
     Authorization Act for Fiscal Year 2008 (division B of Public 
     Law 110-181; 122 Stat. 570) is amended--
       (1) in the item relating to Bagram Air Base, Afghanistan, 
     by striking ``$249,600,000'' in the amount column and 
     inserting ``$195,600,000'';
       (2) in the item relating to Camp Adder, Iraq, by striking 
     ``$80,650,000'' in the amount column and inserting 
     ``$75,800,000'';
       (3) in the item relating to Camp Anaconda, Iraq, by 
     striking ``$53,500,000'' in the amount column and inserting 
     ``$10,500,000'';
       (4) in the item relating to Camp Victory, Iraq, by striking 
     ``$65,400,000'' in the amount column and inserting 
     ``$60,400,000'';
       (5) by striking the item relating to Tikrit, Iraq; and
       (6) in the item relating to Camp Speicher, Iraq, by 
     striking ``$83,900,000'' in the amount column and inserting 
     ``$74,100,000''.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Utilization of international contributions to the Russian 
              plutonium disposition program.
Sec. 3112. Extension of deadline for Comptroller General report on 
              Department of Energy protective force management.

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2009 for the activities of the National Nuclear 
     Security Administration in carrying out programs necessary 
     for national security in the amount of $9,301,922,000, to be 
     allocated as follows:
       (1) For weapons activities, $6,609,639,000.
       (2) For defense nuclear nonproliferation activities, 
     $1,455,148,000.
       (3) For naval reactors, $828,054,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $409,081,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out new 
     plant projects for the National Nuclear Security 
     Administration as follows:
       (1) For readiness in technical base and facilities, the 
     following new plant projects:
       Project 09-D-404, Test Capabilities Revitalization, Phase 
     2, Sandia National Laboratories, New Mexico, $3,000,000.
       Project 08-D-806, Ion Beam Laboratory Refurbishment, Sandia 
     National Laboratories, New Mexico, $10,014,000.
       (2) For naval reactors, the following new plant projects:
       Project 09-D-902, Naval Reactor Facilities Production 
     Support Complex, Naval Reactors Facility, Idaho, $8,300,000.

[[Page 10804]]

       Project 09-D-190, KAPL Infrastructure Upgrades, 
     Schenectady, New York, $1,000,000.
       

     SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2009 for defense 
     environmental cleanup activities in carrying out programs 
     necessary for national security in the amount of 
     $5,317,256,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2009 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $1,321,461,000, of which 
     $487,008,000 is for construction of the Mixed Oxide Fuel 
     Fabrication Facility at the Savannah River Site, South 
     Carolina, and associated program activities and functions.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2009 for defense nuclear 
     waste disposal for payment to the Nuclear Waste Fund 
     established in section 302(c) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(c)) in the amount of $247,371,000.

     SEC. 3105. ENERGY SECURITY AND ASSURANCE.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2009 for energy security 
     and assurance programs necessary for national security in the 
     amount of $7,622,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3111. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE 
                   RUSSIAN PLUTONIUM DISPOSITION PROGRAM.

       (a) In General.--The Secretary of Energy may, in 
     consultation with the Secretary of State, enter into one or 
     more agreements with any person (including a foreign 
     government, international organization, or multinational 
     entity) that the Secretary of Energy considers appropriate, 
     under which the person contributes funds for the effective 
     and transparent disposition of excess weapon-grade Russian 
     plutonium in the Russian Federation, known as the Russian 
     Plutonium Disposition Program.
       (b) Retention and Use of Amounts.--Subject to the 
     availability of appropriations, the Secretary of Energy may 
     retain and use amounts contributed under an agreement under 
     subsection (a) for purposes of the Russian Plutonium 
     Disposition Program. Amounts so contributed shall be retained 
     in a separate fund established in the Treasury for such 
     purposes, subject to the availability of appropriations, 
     consistent with an agreement under subsection (a).
       (c) Return of Amounts Not Used Within 5 Years.--If an 
     amount contributed under an agreement under subsection (a) is 
     not used under this section within 5 years after it was 
     contributed, the Secretary of Energy shall return that amount 
     to the person who contributed it.
       (d) Notice To Appropriate Congressional Committees.--Not 
     later than 30 days after the receipt of an amount contributed 
     under subsection (b), the Secretary of Energy shall submit to 
     the appropriate congressional committees a notice specifying 
     the purpose and value of the contribution and identifying the 
     person who contributed it. The Secretary may not use such 
     amount until 15 days after the notice is submitted.
       (e) Annual Report.--Not later than October 31 of each year, 
     beginning in the fiscal year in which the first contributions 
     are retained under subsection (b), the Secretary of Energy 
     shall submit to the appropriate congressional committees a 
     report on the receipt and use of amounts under this section 
     during the preceding fiscal year. Each report for a fiscal 
     year shall set forth--
       (1) a statement of any amounts received under this section, 
     including, for each such amount, the value of the 
     contribution and the person who contributed it;
       (2) a statement of any amounts used under this section, 
     including, for each such amount, the purposes for which the 
     amount was used; and
       (3) a statement of the amounts retained but not used under 
     this section including, for each such amount, the purposes 
     (if known) for which the Secretary intends to use the amount.
       (f) Expiration.--The authority to accept, retain, and use 
     contributions under this section shall expire on December 31, 
     2013.
       (g) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Affairs of the 
     House of Representatives; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Foreign Relations of the 
     Senate.

     SEC. 3112. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL 
                   REPORT ON DEPARTMENT OF ENERGY PROTECTIVE FORCE 
                   MANAGEMENT.

       Section 3124(a)(1) of the National Defense Authorization 
     Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) 
     is amended by striking ``Not later than 180 days after the 
     date of the enactment of this Act,'' and inserting ``No later 
     than March 1, 2009,''.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     2009, $25,499,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

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

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2009.
Sec. 3502. Limitation on export of vessels owned by the Government of 
              the United States for the purpose of dismantling, 
              recycling, or scrapping.
Sec. 3503. Student incentive payment agreements.
Sec. 3504. Riding gang member requirements.
Sec. 3505. Maintenance and Repair Reimbursement Program for the 
              Maritime Security Fleet.
Sec. 3506. Temporary program authorizing contracts with adjunct 
              professors at the United States Merchant Marine Academy.

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

       Funds are hereby authorized to be appropriated for fiscal 
     year 2009, to be available without fiscal year limitation if 
     so provided in appropriations Acts, for the use of the 
     Department of Transportation for the Maritime Administration 
     as follows:
       (1) For expenses necessary for operations and training 
     activities, $117,848,000, of which--
       (A) $8,150,000 shall remain available until expended for 
     capital improvements at the United States Merchant Marine 
     Academy, and
       (B) $8,306,000 shall remain available until expended for 
     maintenance and repair of school ships of the State Maritime 
     Academies.
       (2) For expenses to maintain and preserve a United States-
     flag merchant fleet to serve the national security needs of 
     the United States under chapter 531 of title 46, Unites 
     States Code, $193,500,000, of which $19,500,000 will be 
     available for costs associated with the maintenance 
     reimbursement pilot program under section 3517 of the 
     Maritime Security Act of 2003 (46 U.S.C 53101 note).
       (4) For assistance to small shipyards and maritime 
     communities under section 54101 of title 46, United States 
     Code, $25,000,000.
       (5) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, $18,000,000.
       (6) For the cost (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan 
     guarantees under the program authorized by chapter 537 of 
     title 46, United States Code, $30,000,000.
       (7) For administrative expenses related to the 
     implementation of the loan guarantee program under chapter 
     537 of title 46, United States Code, administrative expenses 
     related to implementation of the reimbursement program under 
     section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
     53101 note), and administrative expenses related to the 
     implementation of the small shipyards and maritime 
     communities assistance program under section 54101 of title 
     46, United States Code, $3,531,000.

     SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE 
                   GOVERNMENT OF THE UNITED STATES FOR THE PURPOSE 
                   OF DISMANTLING, RECYCLING, OR SCRAPPING.

       (a) In General.--Except as provided in subsection (b), no 
     vessel that is owned by the Government of the United States 
     shall be approved for export to a foreign country for 
     purposes of dismantling, recycling, or scrapping.
       (b) Exception.--Subsection (a) shall not apply with respect 
     to a vessel if the Administer of the Maritime Administration 
     certifies that--
       (1) a compelling need for dismantling, recycling, or 
     scrapping the vessel exists;
       (2) there is no available capacity in the United States to 
     conduct the dismantling, recycling, or scrapping of the 
     vessel;
       (3) any dismantling, recycling, or scrapping of the vessel 
     in a foreign country will be conducted in full compliance 
     with environmental, safety, labor, and health requirements 
     for ship dismantling, recycling, or scrapping that are 
     equivalent to the laws of the United States; and
       (4) the export of the vessel under this section will only 
     be for dismantling, recycling, or scrapping of the vessel.
       (c) Certification.--The certification required in 
     subsection (b) must be provided to the Committee on Armed 
     Services of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate at least 
     90 days before any vessel is approved for transport to a 
     foreign country for purposes of dismantling, recycling, or 
     scrapping.
       (d) United States Defined.--In this section the term 
     ``United States'' means the States of the United States, 
     Puerto Rico, and Guam.

     SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.

       Section 51509(b) of title 46, United States Code, is 
     amended--

[[Page 10805]]

       (1) by striking ``$4,000'' and inserting ``$8,000'';
       (2) by inserting ``tuition,'' after ``uniforms,''; and
       (3) by inserting ``before the start of each academic year'' 
     after ``and be paid''.

     SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.

       Section 1018 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2380) is amended to read as follows:

     ``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.

       ``(a) In General.--The Secretary of Defense may not award, 
     renew, extend, or exercise an option to extend any charter of 
     a vessel documented under chapter 121 of title 46, United 
     States Code, for the Department of Defense, or any contract 
     for the carriage of cargo by a vessel documented under that 
     chapter for the Department of Defense, unless the charter or 
     contract, respectively, includes provisions that--
       ``(1) subject to paragraph (2), allow riding gang members 
     to perform work on the vessel during the effective period of 
     the charter or contract only under terms, conditions, 
     restrictions, and requirements as provided in section 8106 of 
     title 46, United States Code; and
       ``(2) require that riding gang members hold a merchant 
     mariner's document issued under chapter 73 of title 46, 
     United States Code, or a transportation security card issued 
     under section 70105 of such title.
       ``(b) Exemption.--
       ``(1) In general.--In accordance with regulations issued by 
     the Secretary of Defense, an individual shall not be treated 
     as a riding gang member for the purposes of section 8106 of 
     title 46, United States Code, and this section if--
       ``(A) the individual is aboard a vessel that is under 
     charter or contract for the carriage of cargo for the 
     Department of Defense, for purposes other than engaging in 
     the operation or maintenance of the vessel; and
       ``(B) the individual--
       ``(i) accompanies, supervises, guards, or maintains unit 
     equipment aboard a ship, commonly referred to as supercargo 
     personnel;
       ``(ii) is one of the force protection personnel of the 
     vessel;
       ``(iii) is a specialized repair technician; or
       ``(iv) is otherwise required by the Secretary of Defense to 
     be aboard the vessel.
       ``(2) Background check.--
       ``(A) In general.--This section shall not apply to an 
     individual unless--
       ``(i) the name and other necessary identifying information 
     for the individual is submitted to the Secretary for a 
     background check; and
       ``(ii) except as provided in subparagraph (B), the 
     individual successfully passes a background check by the 
     Secretary prior to going aboard the vessel.
       ``(B) Waiver.--The Secretary may waive the application of 
     subparagraph (A)(ii) for an individual who holds a merchant 
     mariner's document issued under chapter 73 of title 46, 
     United States Code, or a transportation security card issued 
     under section 70105 of such title.
       ``(3) Exempted individual not treated as in addition to the 
     crew.--An individual who, under paragraph (1), is not treated 
     as a riding gang member shall not be counted as an individual 
     in addition to the crew for the purposes of section 3304 of 
     title 46, United States Code.''.

     SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR 
                   THE MARITIME SECURITY FLEET.

       Section 3517(a) of the Maritime Security Act of 2003 (46 
     U.S.C. 53101 note; as amended by section 3503 of the National 
     Defense Authorization Act for Fiscal Year 2006 (119 Stat. 
     3548)) is amended by adding at the end the following:
       ``(3) Existing operating agreements.--The Secretary of 
     Transportation shall, subject to the availability of 
     appropriations, seek to enter into an agreement under this 
     section with one or more contractors under an operating 
     agreement under that chapter that is in effect on the date of 
     the enactment of this paragraph, regarding maintenance and 
     repair of all vessels that are subject to the operating 
     agreement.''.

     SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH 
                   ADJUNCT PROFESSORS AT THE UNITED STATES 
                   MERCHANT MARINE ACADEMY.

       (a) In General.--The Maritime Administrator may establish a 
     temporary program for the purpose of, subject to the 
     availability of appropriations, contracting with individuals 
     as personal services contractors to provide services as 
     adjunct professors at the Academy, if the Maritime 
     Administrator determines that there is a need for adjunct 
     professors and the need is not of permanent duration.
       (b) Contract Requirements.--Each contract under the 
     program--
       (1) must be approved by the Maritime Administrator;
       (2) subject to paragraph (3), shall be for a duration, 
     including options, of not to exceed one year unless the 
     Maritime Administrator finds that exceptional circumstances 
     justify an extension of up to one additional year; and
       (3) shall terminate not later than 6 months after the 
     termination of contract authority under subsection (d).
       (c) Limitation on Number of Contractors.--In awarding 
     contacts under the program, the Maritime Administrator shall 
     ensure that not more than 25 individuals actively provide 
     services in any one academic trimester, or equivalent, as 
     contractors under the program.
       (d) Termination of Contracting Authority.--The authority to 
     award contracts under the program shall terminate upon the 
     expiration of December 31, 2009.
       (e) Existing Contracts.--Any contract entered into before 
     the effective date of this section for the services of an 
     adjunct professor at the Academy shall remain in effect for 
     the trimester (or trimesters) for which the services were 
     contracted.
       (f) Definitions.--In this section:
       (1) Academy.--The term ``Academy'' means the United States 
     Merchant Marine Academy.
       (2) Maritime administrator.--The term ``Maritime 
     Administrator'' means the Administrator of the Maritime 
     Administration, or a designee of the Administrator.
       (3) Program.--The term ``program'' means the program 
     established under subsection (a).
  Amend the title so as to read: ``A bill to authorize appropriations 
    for fiscal year 2009 for military activities of the Department of 
    Defense, for military construction, and for defense activities of 
    the Department of Energy, to prescribe military personnel strengths 
    for such fiscal year, and for other purposes.''.
  The Acting CHAIRMAN. No amendment to the amendment in the nature of a 
substitute is in order except those printed in House Report 110-666 and 
amendments en bloc described in section 3 of the resolution.
  Each amendment printed in the report shall be offered only in the 
order printed in the report (except as specified in section 4 of the 
resolution); may be offered only by a Member designated in the report; 
shall be considered read; shall be debatable for the time specified in 
the report, equally divided and controlled by the proponent and an 
opponent; shall not be subject to amendment; and shall not be subject 
to a demand for division of the question.

                              {time}  1345

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


                 Amendment No. 1 Offered by Mr. Skelton

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

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

     SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

       In section 832, page 329, line 12, strike ``438(c)(1)(A)'' 
     and insert ``438(d)(1)''.
       In section 1001(a)(2), in lieu of the blank underscore 
     after the dollar sign, insert ``4,000,000,000''.
       In section 2902, strike subsection (a) and insert the 
     following new subsection:
       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in subsection 
     (c)(1), the Secretary of the Navy may acquire real property 
     and carry out military construction projects for the 
     installations or locations inside the United States, and in 
     the amounts, set forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
                                      Installation or
              State                      Location             Amount
------------------------------------------------------------------------
California.......................  Camp Pendleton......      $19,962,000

[[Page 10806]]

 
                                   China Lake..........       $7,210,000
                                   Point Mugu..........       $7,250,000
                                   San Diego...........      $17,930,000
                                   San Diego, Marine         $43,200,000
                                    Corps Recruit Depot.
                                   Twentynine Palms....      $12,324,000
Florida..........................  Eglin Air Force Base         $780,000
Mississippi......................   Gulfport...........       $6,570,000
North Carolina...................  Camp Lejeune........      $27,980,000
                                   Parris Island Marine      $16,000,000
                                    Corps Recruit Depot.
Virginia.........................  Yorktown............       $8,070,000
------------------------------------------------------------------------


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

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


                 Amendment No. 2 Offered by Mr. Skelton

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

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

     SEC. 1071. STANDING ADVISORY PANEL ON IMPROVING INTEGRATION 
                   BETWEEN THE DEPARTMENT OF DEFENSE, THE 
                   DEPARTMENT OF STATE, AND THE UNITED STATES 
                   AGENCY FOR INTERNATIONAL DEVELOPMENT ON MATTERS 
                   OF NATIONAL SECURITY.

       (a) Establishment of Advisory Panel.--The Secretary of 
     Defense, the Secretary of State, and the Administrator of the 
     United States Agency for International Development shall 
     jointly establish an advisory panel to review the respective 
     roles and responsibilities of the Department of Defense, the 
     Department of State, and the United States Agency for 
     International Development in the national security 
     collaborative system.
       (b) Membership.--
       (1) Composition.--The advisory panel shall be composed of 
     12 members, of whom--
       (A) three shall be appointed by the Secretary of Defense, 
     in consultation with the Secretary of State and the 
     Administrator;
       (B) three shall be appointed by the Secretary of Defense, 
     in consultation with the Chairman of the Joint Chiefs of 
     Staff, the Secretary of State, and the Administrator;
       (C) three shall be appointed by the Secretary of State, in 
     consultation with the Secretary of Defense and the 
     Administrator; and
       (D) three shall be appointed by the Administrator, in 
     consultation with the Secretary of Defense and the Secretary 
     of State.
       (2) Chairman.--The Secretary of Defense, the Secretary of 
     State, and the Administrator shall jointly designate one 
     member as chairman.
       (3) Vice chairman.--The Secretary of Defense, the Secretary 
     of State, and the Administrator shall jointly designate one 
     member as vice chairman. The vice chairman may not be a 
     member appointed to the advisory panel under paragraph (1) by 
     the same Secretary or Administrator that appointed the 
     chairman to the advisory panel under paragraph (1).
       (4) Expertise.--Members of the advisory panel shall be 
     private citizens of the United States with national 
     recognition and significant experience in the Federal 
     Government, the Armed Forces, public administration, foreign 
     affairs, or development.
       (5) Deadline for appointment.--All members of the advisory 
     panel shall be appointed not earlier than January 20, 2009, 
     and not later than March 20, 2009.
       (6) Terms.--The term of each member of the advisory panel 
     is for the life of the advisory panel.
       (7) Vacancies.--A vacancy in the advisory panel shall be 
     filled not later than 30 days after such vacancy occurs and 
     in the manner in which the original appointment was made.
       (8) Security clearances.--The appropriate departments or 
     agencies of the Federal Government shall cooperate with the 
     advisory panel in expeditiously providing to the members and 
     staff appropriate security clearances to the extent possible 
     pursuant to existing procedures and requirements, except that 
     no person shall be provided with access to classified 
     information under this section without the appropriate 
     security clearances.
       (9) Status.--A member of the advisory board who is not 
     otherwise employed by the Federal Government shall not be 
     considered to be a Federal employee, except for the purposes 
     of chapter 81 of title 5, United States Code, and chapter 171 
     of title 28, United States Code.
       (10) Expenses.--The members of the advisory panel shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, while away from 
     their homes or regular places of business in the performance 
     of services for the advisory panel.
       (c) Meetings and Procedures.--
       (1) Initial meeting.--The advisory panel shall conduct its 
     first meeting not later than 30 days after the date that all 
     appointments to the advisory panel have been made under 
     subsection (b).
       (2) Meetings.--The advisory panel shall meet not less often 
     than once every three months. The advisory panel may also 
     meet at the call of the Secretary of Defense, the Secretary 
     of State, or the Administrator.
       (3) Procedures.--The advisory panel shall carry out its 
     duties under procedures established under subsection (d).
       (4) Nonapplicability of federal advisory committee act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the advisory panel.
       (d) Support of Federally Funded Research and Development 
     Center.--
       (1) In general.--The Secretary of Defense, in consultation 
     with the Secretary of State and the Administrator, shall 
     enter into a contract with a federally funded research and 
     development center for the provision of administrative and 
     logistical support and assistance to the advisory panel in 
     carrying out its duties under this section. Such support and 
     assistance shall include the establishment of the procedures 
     of the advisory panel under subsection (c)(3).
       (2) Deadline for contract.--The Secretary of Defense shall 
     enter into the contract required by this subsection not later 
     than 60 days after the date of the enactment of this Act.
       (e) Duties of Panel.--
       (1) The advisory panel shall analyze the roles and 
     responsibilities of the Department of Defense, the Department 
     of State, and the United States Agency for International 
     Development regarding--
       (A) stability operations;
       (B) non-proliferation;
       (C) foreign assistance (including security assistance);
       (D) strategic communications;
       (E) public diplomacy;
       (F) the role of contractors; and
       (G) other areas the Secretary of Defense, the Secretary of 
     State, and the Administrator consider appropriate.
       (2) In providing advice, guidance, and recommendations to 
     improve the national security collaborative system, the 
     advisory panel shall review--
       (A) the structures and systems that coordinate policy-
     making;
       (B) the roles and responsibilities of the departments and 
     agencies of the Federal Government involved in the national 
     security collaborative system;
       (C) integrating the expertise of the departments and 
     agencies of the Federal Government involved in the national 
     security collaborative system; and
       (D) coordinating personnel assigned abroad as part of the 
     national security collaborative system.
       (f) Cooperation of Other Agencies.--Upon request by the 
     advisory panel, any department or agency of the Federal 
     Government shall provide information that the advisory panel 
     considers necessary to carry out its duties.
       (g) Reports.--
       (1) Interim report.--
       (A) Not later than 180 days after the first meeting of the 
     advisory panel, the advisory panel shall submit to the 
     Secretary of Defense, the Secretary of State, and the 
     Administrator, a report that identifies--
       (i) aspects of the national security collaborative system 
     that should take priority during the improvement of 
     integration between the Department of Defense, the Department 
     of State, and the United States Agency for International 
     Development; and
       (ii) methods to better integrate the national security 
     collaborative system.
       (2) Annual report.--
       (A) Not later than December 31 of each year, the advisory 
     panel shall submit to the Secretary of Defense, the Secretary 
     of State, and the Administrator, a report on--

[[Page 10807]]

       (i) the activities of the advisory panel;
       (ii) any deficiencies in the national security 
     collaborative system;
       (iii) any improvements made to the national security 
     collaborative system;
       (iv) methods to better integrate the national security 
     collaborative system; and
       (v) such findings, conclusions, and recommendations as the 
     advisory panel considers appropriate.
       (3) Submission of report to congress.--The Secretary of 
     Defense, the Secretary of State, and the Administrator shall 
     submit to the appropriate committees of Congress the reports 
     under this subsection and any additional information 
     considered appropriate.
       (4) Congressional briefings.--Not later than 30 days after 
     the submission of each report under this subsection, the 
     advisory panel shall meet with the appropriate committees to 
     brief such committees on the matters contained in the report.
       (5) Appropriate committees.--For the purposes of this 
     subsection, the appropriate committees of Congress are the 
     following:
       (A) The Committees on Foreign Relations, Armed Services, 
     and Appropriations of the Senate.
       (B) The Committees on Foreign Affairs, Armed Services, and 
     Appropriations of the House of Representatives.
       (h) Termination of Advisory Panel.--The advisory panel 
     shall terminate on September 30, 2013.
       (i) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
       (2) National security collaborative system.--The term 
     ``national security collaborative system'' means the 
     structures, mechanisms, and processes by which the Department 
     of Defense, the Department of State, and the United States 
     Agency for International Development coordinate and integrate 
     their policies, capabilities, expertise, and activities to 
     accomplish national security missions overseas.
       (3) Stability operations.--The term ``stability 
     operations'' means stability and reconstruction operations 
     conducted by departments or agencies of the Federal 
     Government described by Department of Defense Directive 
     3000.05, National Security Presidential Directive 1, or 
     National Security Presidential Directive 44.

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

[[Page 10808]]

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

                              {time}  1400

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

[[Page 10809]]

done on the Oversight and Investigations Committee pointing to the need 
for better interoperability between the State Department and the 
Defense Department. We have many dedicated civil servants and many 
dedicated military personnel who are actually blocked, in many aspects, 
from working together because of the silos of the agencies, statutes 
and regulations in accounting that prevents them from interacting 
effectively.
  I think that one of the things that we need to do as a Nation is to 
have the ability to more flexibly and agilely use our instruments of 
national power so that putting troops on the ground, using our kinetic 
power, is the last thing we do; that we can begin on the soft end with 
humanitarian efforts, peacekeeping, peace enforcement, reaching out 
with information, and using very powerful and often unheralded assets 
like the Agency for International Development, more expeditionary 
Foreign Service, and allow this interaction to take place in an 
effective manner. I think that by having this standard advisory panel, 
we can take the politics out of this and continue to work closely.
  I appreciate the chairman's leadership, leading in a bipartisan 
manner on such a critical issue, convening many meetings and forums, 
and also participating over a year ago with us on this Council of 
Foreign Relations effort that brought together much of the interagency 
community.
  Again, I encourage my colleagues to support this. Thank you for your 
time, and the chairman for his graciousness and procedure.


          Notice to Alter Order of Consideration of Amendments

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


                  Amendment No. 3 Offered by Mr. Akin

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

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

     SEC. 203. INCREASED FUNDING FOR FUTURE COMBAT SYSTEMS.

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

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

[[Page 10810]]

the wars. Those who volunteer to protect our freedom face deployment 
after deployment, and we know that. Their families at home are facing 
difficulty getting the health care they need from military hospitals 
because of resource shortages.
  This amendment was offered in committee and failed by a vote of 33-
24. The question, Mr. Chairman, for Members on the Akin amendment is 
clear, how much do we support our military families? Are they really 
our high priority?
  I urge my colleagues to stand with our troops and their families and 
oppose the Akin amendment.
  Mr. AKIN. Mr. Chairman, I yield 1 minute to the gentleman from New 
York (Mr. McHugh).

                              {time}  1415

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

[[Page 10811]]

defense contractors who have already received over $15 billion. Defense 
contractors are well paid for their services. They do not come and 
their profits don't come before military families.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Missouri (Mr. Akin).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. AKIN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Missouri 
will be postponed.


               Amendments En Bloc Offered by Mr. Skelton

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


                Amendment No. 7 Offered by Mrs. Tauscher

  The text of the amendment is as follows:

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

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

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

                Amendment No. 9 Offered by Mr. Cummings

  The text of the amendment is as follows:

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

                 Amendment No. 12 Offered by Mr. Buyer

  The text of the amendment is as follows:

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

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

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


               Amendment No. 13 Offered by Ms. Slaughter

  The text of the amendment is as follows:

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

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

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

                 Amendment No. 16 Offered by Mr. LaHood

  The text of the amendment is as follows:

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

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

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

                Amendment No. 17 Offered by Ms. Woolsey

  The text of the amendment is as follows:

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

     SEC. 28__. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
                   DECOMMISSIONED NAVAL SECURITY GROUP ACTIVITY, 
                   SKAGGS ISLAND, CALIFORNIA.

       (a) Transfer Memorandum of Agreement.--The Secretary of the 
     Navy and the Secretary of the Interior shall negotiate a 
     memorandum of agreement that stipulates the conditions upon 
     which the decommissioned Naval Security Group Activity, 
     Skaggs Island, Sonoma, California shall be transferred from 
     the administrative jurisdiction of the Department of the Navy 
     to the United States Fish and Wildlife Service for inclusion 
     in the National Wildlife Refuge System.
       (b) Acceptance of Donations; Use.--The Secretary of the 
     Navy and the Secretary of the Interior may accept 
     contributions from the State of California and other entities 
     to help cover the costs of demolishing and removing 
     structures on the property described in subsection (a) and to 
     facilitate future environmental restoration that furthers the 
     ultimate end use of the property for conservation purposes. 
     Amounts received may be merged with other amounts available 
     to the Secretaries to carry out this section and shall remain 
     available, without further appropriation and until expended.


[[Page 10812]]

                 Amendment No. 18 Offered by Mr. Berman

  The text of the amendment is as follows:

       In section 1602, add at the end the following new 
     paragraph:
       (5) The President's Fiscal Year 2009 Budget Request to 
     Congress includes $248.6 million for a Civilian Stabilization 
     Initiative that would vastly improve civilian partnership 
     with United States Armed Forces in post-conflict 
     stabilization situations, including by establishing a Active 
     Response Corps of 250 persons, a Standby Response Corps of 
     2,000 persons, and a Civilian Response Corps of 2,000 
     persons.
       In section 1604, in the proposed new section 618 to the 
     Foreign Assistance Act of 1961, in the proposed new 
     subsection (b) of such proposed new section, strike ``2008, 
     2009, and 2010'' and insert ``2009, 2010, and 2011''.
       In section 1604, in the proposed new section 618 to the 
     Foreign Assistance Act of 1961, in the proposed new 
     subsection (b) of such proposed new section, strike 
     ``$100,000,000'' and insert ``$200,000,000''.

                 Amendment No. 21 Offered by Mr. Cooper

  The text of the amendment is as follows:

       Page 353, after line 11, insert the following:

     SEC. 849. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN 
                   ACQUISITION STRATEGY FOR DEFENSE BASE ACT 
                   INSURANCE.

       (a) In General.--The Secretary of Defense shall adopt an 
     acquisition strategy for insurance required by the Defense 
     Base Act (42 U.S.C. 1651 et seq.) which minimizes the cost of 
     such insurance to the Department of Defense.
       (b) Criteria.--The Secretary shall ensure that the 
     acquisition strategy adopted pursuant to subsection (a) 
     addresses the following criteria:
       (1) Minimize overhead costs associated with obtaining such 
     insurance, such as direct or indirect costs for contract 
     management and contract administration.
       (2) Minimize costs for coverage of such insurance 
     consistent with realistic assumptions regarding the 
     likelihood of incurred claims by contractors of the 
     Department.
       (3) Provide for a correlation of premiums paid in relation 
     to claims incurred that is modeled on best practices in 
     government and industry for similar kinds of insurance.
       (4) Provide for a low level of risk to the Department.
       (5) Provide for a competitive marketplace for insurance 
     required by the Defense Base Act to the maximum extent 
     practicable.
       (c) Options.--In adopting the acquisition strategy pursuant 
     to subsection (a), the Secretary shall consider the following 
     options:
       (1) Entering into a single Defense Base Act insurance 
     contract for the Department of Defense.
       (2) Entering into a single Defense Base Act insurance 
     contract for contracts involving performance in theaters of 
     combat operations.
       (3) Entering into a contract vehicle, such as a multiple 
     award contract, that provides for competition among 
     contractors for categories of insurance coverage, such as 
     construction, aviation, security, and other categories of 
     insurance.
       (4) Using a retrospective rating approach to Defense Base 
     Act insurance that adjusts rates according to actual claims 
     incurred on a cost reimbursement basis.
       (5) Adopting a self-insurance approach to Defense Base Act 
     insurance for Department of Defense contracts.
       (6) Such other options as the Secretary deems to best 
     satisfy the criteria identified under subsection (b).
       (d) Report.--(1) Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report on the acquisition strategy adopted 
     pursuant to subsection (a).
       (2) The report shall include a discussion of each of the 
     options considered pursuant to subsection (c) and the extent 
     to which each option addresses the criteria identified under 
     subsection (b), and shall include a plan to implement within 
     18 months after the date of enactment of this Act the 
     acquisition strategy adopted by the Secretary.
       (e) Review of Acquisition Strategy.--As considered 
     appropriate by the Secretary, but not less often than once 
     every 3 years, the Secretary shall review and, as necessary, 
     update the acquisition strategy adopted pursuant to 
     subsection (a) to ensure that it best addresses the criteria 
     identified under subsection (b).

                Amendment No. 27 Offered by Mr. Fossella

  The text of the amendment is as follows:

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

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

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

                 Amendment No. 29 Offered by Mr. Inslee

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

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

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the use of power management software by civilian and 
     military personnel and facilities of the Department of 
     Defense to reduce the use of electricity in computer monitors 
     and personal computers. This study shall include 
     recommendations for baseline electric power use, for ensuring 
     robust monitoring and verification of power use requirements 
     on a continuing basis, and for potential technological 
     solutions or best practices for achieving these efficiency 
     objectives.

[[Page 10813]]

       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report containing the results of the study under subsection 
     (a), including a description of the recommendations developed 
     under the study.

              Amendment No. 34 Offered by Mr. Mc0 Dermott

  The text of the amendment is as follows:

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

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

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

              Amendment No. 35 Offered by Mr. King of Iowa

  The text of the amendment is as follows:

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

     SEC. 947. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

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

                 Amendment No. 36 Offered by Ms. Matsui

  The text of the amendment is as follows:

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

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

       (a) Correction and Payment Authority.--During the period 
     beginning on January 1, 2009, and ending on June 30, 2009, 
     the Secretary of the Army may--
       (1) consider, through the Army Board for the Correction of 
     Military Records, a request for the correction of military 
     records relating to the amount of the Army College Fund 
     benefit to which a member or former member of the Armed 
     Forces may be entitled under an Army Incentive Program 
     contract; and
       (2) pay such amounts as the Secretary considers necessary 
     to ensure fairness and equity with regard to the request if 
     the Secretary determines that the correction of the records 
     is appropriate.
       (b) Exception to Payment Limits.--A payment under 
     subsection (a)(2) may be made without regard to any limits on 
     the total combined amounts established for the Army College 
     Fund and the Montgomery G.I. Bill.
       (c) Funding Source.--Payments under subsection (a)(2) shall 
     be made solely from funds appropriated for military personnel 
     programs for fiscal year 2009.

                Amendment No. 37 Offered by Mr. DeFazio

  The text of the amendment is as follows:

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

     SEC. 849. MOTOR CARRIER FUEL SURCHARGES.

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

     ``Sec. 2652. Motor carrier fuel surcharges

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

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

                 Amendment No. 38 Offered by Mr. Turner

  The text of the amendment is as follows:

       Page 481, after line 13, insert the following:

     SEC. 1110. STATUS REPORTS RELATING TO LABORATORY PERSONNEL 
                   DEMONSTRATION PROJECTS.

       Section 1107 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357) is 
     amended by adding at the end the following:
       ``(e) Status Reports.--
       ``(1) In general.--Not later than 45 days after the date of 
     the enactment of this Act and not later than March 1 of each 
     year beginning after the date on which the first report under 
     this subsection is submitted, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives a report providing, with respect to 
     the year before the year in which such report is submitted, 
     the information described in paragraph (2).
       ``(2) Information required.--Each report under this 
     subsection shall describe the following:
       ``(A) The actions taken by the Secretary of Defense under 
     subsection (a) during the year covered by the report.
       ``(B) The progress made by the Secretary of Defense during 
     such year in developing and implementing the plan required by 
     subsection (b), including the anticipated date for completion 
     of such plan and a list and description of any issues 
     relating to the development or implementation of such plan.
       ``(C) With respect to any applications by laboratories 
     seeking to be designated as a demonstration laboratory or to 
     otherwise obtain any of the personnel flexibilities available 
     to a demonstration laboratory--
       ``(i) the number of applications that were received, 
     pending, or acted on during such year;
       ``(ii) the status or disposition of any applications under 
     clause (i), including, in the case of any application on 
     which a final decision was rendered, the laboratory involved, 
     what the laboratory had requested, the decision reached, and 
     the reasons for the decision; and
       ``(iii) in the case of any applications under clause (i) on 
     which a final decision was not rendered, the date by which a 
     final decision is anticipated.
       ``(3) Definition.--For purposes of this subsection, the 
     term `demonstration laboratory' means a laboratory designated 
     by the Secretary of Defense under the provisions of section 
     342(b) of the National Defense Authorization Act for Fiscal 
     Year 1995 (as cited in subsection (a)) as a Department of 
     Defense science and technology reinvention laboratory.''.

                 Amendment No. 39 Offered by Mr. Stupak

  The text of the amendment is as follows:

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

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

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

                Amendment No. 41 Offered by Mr. Everett

  The text of the amendment is as follows:

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

     SEC. 5__. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL 
                   MILITARY EDUCATION TO AWARD DEGREES.

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

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

       ``(a) Authority.--Under regulations prescribed by the 
     Secretary of Defense, the President of the National Defense 
     Intelligence College may, upon the recommendation of the 
     faculty of the National Defense Intelligence College, confer 
     appropriate degrees upon graduates who meet the degree 
     requirements.
       ``(b) Limitation.--A degree may not be conferred under this 
     section unless--
       ``(1) the Secretary of Education has recommended approval 
     of the degree in accordance with the Federal Policy Governing 
     Granting of Academic Degrees by Federal Agencies; and

[[Page 10814]]

       ``(2) the curriculum leading to that degree is accredited 
     by the appropriate civilian academic accrediting agency or 
     organization, as determined by the Secretary of Education.
       ``(c) Congressional Notification Requirements.--(1) When 
     seeking to establish degree granting authority under this 
     section, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives--
       ``(A) a copy of the self assessment questionnaire required 
     by the Federal Policy Governing Granting of Academic Degrees 
     by Federal Agencies, at the time the assessment is submitted 
     to the Department of Education's National Advisory Committee 
     on Institutional Quality and Integrity; and
       ``(B) the subsequent recommendations and rationale of the 
     Secretary of Education regarding the establishment of the 
     degree granting authority.
       ``(2) Upon any modification, redesignation or termination 
     of existing degree granting authority, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report containing 
     the rationale for the proposed modification, redesignation or 
     termination and any subsequent recommendation of the 
     Secretary of Education on the proposed modification, 
     redesignation or termination.
       ``(3) The Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report containing an explanation of any 
     action by the appropriate academic accrediting agency or 
     organization not to accredit the curriculum leading to any 
     new or existing degree.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 108 of such title is amended by striking 
     the item relating to section 2161 and inserting the following 
     new item:

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

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

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

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

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

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

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

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

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

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

[[Page 10815]]

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 10816]]

     authority, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report containing the rationale for the 
     proposed modification, redesignation or termination and any 
     subsequent recommendation of the Secretary of Education on 
     the proposed modification, redesignation or termination.
       ``(3) The Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report containing an explanation of any 
     action by the appropriate academic accrediting agency or 
     organization not to accredit the curriculum leading to any 
     new or existing degree.
       ``(d) Civilian Faculty.--(1) The Secretary of the Air Force 
     may employ as many civilian faculty members at the United 
     States Air Force Institute of Technology as is consistent 
     with the needs of the Air Force and with Department of 
     Defense personnel limits.
       ``(2) The Secretary shall prescribe regulations 
     determining--
       ``(A) titles and duties of civilian members of the faculty; 
     and
       ``(B) pay of civilian members of the faculty, 
     notwithstanding chapter 53 of title 5, but subject to the 
     limitation set out in section 5373 of title 5.
       ``(e) Reimbursement.--(1) The Department of the Army, the 
     Department of the Navy, and the Department of Homeland 
     Security shall bear the cost of the instruction at the Air 
     Force Institute of Technology that is received by members of 
     the armed forces detailed for that instruction by the 
     Secretaries of the Army, Navy, and Homeland Security, 
     respectively.
       ``(2) Members of the Army, Navy, Marine Corps, and Coast 
     Guard may only be detailed for instruction at the Institute 
     on a space-available basis.
       ``(3) In the case of an enlisted member of the Army, Navy, 
     Marine Corps, and Coast Guard permitted to receive 
     instruction at the Institute, the Secretary of the Air Force 
     shall charge that member only for such costs and fees as the 
     Secretary considers appropriate (taking into consideration 
     the admission of enlisted members on a space- available 
     basis).
       ``(f) Acceptance of Research Grants.--(1) The Secretary of 
     the Air Force may authorize the Commandant of the United 
     States Air Force Institute of Technology to accept qualifying 
     research grants. Any such grant may only be accepted if the 
     work under the grant is to be carried out by a professor or 
     instructor of the Institute for a scientific, literary, or 
     educational purpose.
       ``(2) A qualifying research grant under this subsection is 
     a grant that is awarded on a competitive basis by an entity 
     referred to in paragraph (3) for a research project with a 
     scientific, literary, or educational purpose.
       ``(3) A grant may be accepted under this subsection only 
     from a corporation, fund, foundation, educational 
     institution, or similar entity that is organized and operated 
     primarily for scientific, literary, or educational purposes.
       ``(4) The Secretary shall establish an account for 
     administering funds received as research grants under this 
     section. The Commandant of the Institute shall use the funds 
     in the account in accordance with applicable provisions of 
     the regulations and the terms and condition of the grants 
     received.
       ``(5) Subject to such limitations as may be provided in 
     appropriations Acts, appropriations available for the 
     Institute may be used to pay expenses incurred by the 
     Institute in applying for, and otherwise pursuing, the award 
     of qualifying research grants.
       ``(6) The Secretary shall prescribe regulations for the 
     administration of this subsection.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 901 of such title is amended by striking 
     the item relating to section 9314 and inserting the following 
     new item:

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

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

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

``9317. Degree granting authority for Air University.''.
       (j) Effective Date.--This section shall apply to any degree 
     granting authority established, modified, redesignated or 
     terminated on or after the date of enactment of this Act.

               Amendment No. 44 Offered by Mr. Blumenauer

  The text of the amendment is as follows:

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

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

       (a) Research Required.--The Secretary of Defense shall--
       (1) make the research, development, testing, and evaluation 
     of technology related to unexploded ordnance detection a 
     priority; and
       (2) accelerate the transition of promising detection 
     instrument technology across the Department of Defense.
       (b) Deployment and Training.--The Secretary shall 
     facilitate the deployment of unexploded ordnance detection 
     instrument technology developed through research funded by 
     the Department of Defense or developed by entities other than 
     the Department of Defense. The Secretary may consider 
     allocating a portion of the amount appropriated for such 
     research and development activities to assist in the training 
     of operators of unexploded ordnance detection instruments on 
     the use of new detection instruments.
       (c) Report.--Not later than February 1, 2009, the Secretary 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report describing and evaluating the 
     following:
       (1) The amounts allocated for research, development, test, 
     and evaluation for unexploded ordnance detection 
     technologies.
       (2) The amounts allocated for transition of new unexploded 
     ordnance technologies.
       (3) Activities undertaken by the Department to transition 
     such technologies and train operators on emerging detection 
     instrument technologies.
       (4) Any impediments to the transition of new unexploded 
     ordnance detection instrument technologies to regular 
     operation in remediation programs.
       (5) The transfer of such technologies to private companies 
     involved in the detection of unexploded ordnance.
       (6) Activities undertaken by the Department to raise public 
     awareness regarding unexploded ordnance.
       (d) Unexploded Ordnance Defined.--In this section, the term 
     ``unexploded ordnance'' has the meaning given such term in 
     section 101(e)(5) of title 10, United States Code.

                 Amendment No. 47 Offered by Mr. Ortiz

  The text of the amendment is as follows:

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

     SEC. 144. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS 
                   OF THE NAVY.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of the Navy shall submit to the 
     congressional defense committees a report on future jet 
     carrier trainer requirements. The report shall include--
       (1) an assessment of the Navy Strategic Planning Study 
     concerning future jet carrier trainer requirements;

[[Page 10817]]

       (2) an assessment of studies conducted by independent 
     organizations concerning future jet carrier trainer 
     requirements;
       (3) a cost-benefit analysis of creating a new program to 
     fulfill future jet carrier trainer requirements;
       (4) a cost-benefit analysis of modifying current programs 
     to fulfill future jet carrier trainer requirements; and
       (5) a plan to address future jet carrier trainer 
     requirements beginning fiscal year 2010.

                Amendment No. 48 Offered by Mr. Kennedy

  The text of the amendment is as follows:

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

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

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

                 Amendment No. 49 Offered by Mr. Israel

  The text of the amendment is as follows:

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

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

       (a) Study and Evaluation.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report which reviews the 
     Department of Defense's policies concerning the sale and 
     disposal of used motor vehicle lubricating oil, and shall 
     include in the report an evaluation of the feasibility and 
     desirability of implementing policies to require closed loop 
     recycling of used oil as a means of reducing total indirect 
     energy usage and greenhouse gas emissions.
       (b) Implementation.--To the extent that the evaluation 
     included in the report submitted under subsection (a) 
     indicates that closed loop recycling of used motor vehicle 
     lubricating oil can reduce total indirect energy usage and 
     greenhouse gas emissions without significant increase in 
     overall cost to the Department of Defense, the Secretary 
     shall implement policies to require closed loop recycling of 
     used oil whenever feasible.
       (c) Definition.-- For purposes of this section, the term 
     ``closed loop recycling'' means the sale of used oil to 
     entities that re-refine used oil into base oil and vehicle 
     lubricants that meet Department of Defense and industry 
     standards, and the purchase of re-refined oil produced 
     through such re-refining process.

                 Amendment No. 54 Offered by Mr. Carney

  The text of the amendment is as follows:

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

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

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

                Amendment No. 57 Offered by Mr. Yarmuth

  The text of the amendment is as follows:

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

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

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

[[Page 10818]]

decision brief that recognizes and funds this serious gap in reserve 
component dental care. He signed the two decision memos last Friday, 
the day after the Armed Services Committee marked up the bill. I spoke 
then with the Vice Chief of the Army on Friday.
  The amendment that I offer fully supports General Cody's decision to 
fund $22.3 million for mobilization and $8.5 million for demobilization 
of the reserve component dental readiness for fiscal year 2009. General 
Cody's decision will fund 2008 requests out of existing funds resulting 
in a rapid, measurable improvement, I believe, in overall reserve 
component readiness.
  In an informal request of CBO, I've been informed that this amendment 
will have no impact on direct spending revenues.
  I would like to thank Chairman Skelton,, Ranking Member Hunter 
Congresswoman Susan Davis, Congressman John McHugh, and Congressman Vic 
Snyder, as well as the staff of the Armed Services Committee for their 
hard work on this issue, and I urge my colleagues to support my 
amendment.

                              {time}  1430

  Mr. SKELTON. Mr. Chairman, I yield 1 minute to my friend, the 
gentlelady from California (Ms. Watson).
  Ms. WATSON. Mr. Chairman, I rise to speak on the Watson-Cummings 
amendment to section 595 of the National Defense Authorization Act. Our 
amendment would strengthen the Senior Military Leadership Diversity 
Commission by including the U.S. Coast Guard as part of the 
commission's membership and including them in the overall scope of the 
study.
  The U.S. Coast Guard has the worst diversity rates among minority 
commissioned officers of the Armed Forces. The Coast Guard's membership 
on the commission would help ensure that the study provides insight 
into ways to increase the number of minority senior commissioned 
officers within the services.
  Mr. Chairman, I thank Representative Cummings for working with me on 
this amendment, and ask our colleagues to support diversity within the 
Armed Forces by supporting this amendment.
  Mr. HUNTER. Mr. Chairman, we have no more speakers, and we would 
yield back the balance of our time.
  Mr. SKELTON. I yield 2 minutes to my colleague and good friend, the 
gentleman from California (Mr. Farr).
  Mr. FARR. Mr. Chairman, I would like to rise today to congratulate 
the committee chair, Ike Skelton, and the ranking member, Duncan 
Hunter, for producing a bill that includes a component that may not be 
a traditional national defense item but will certainly make our Nation 
more secure.
  I would further like to thank Vic Snyder, Mac Thornberry, and Foreign 
Affairs Committee Chairman Howard Berman for making sure the military 
will have a strong and capable civilian partner to do stabilization 
work in the future.
  Mr. Chairman, included within this en bloc amendment is a provision 
that will improve what is already a very good bill. For nearly half a 
decade, Members of Congress and foreign policy experts have been 
wringing their hands about our civilian capacity to effectively conduct 
stabilization and reconstruction operations.
  Now, in a bipartisan fashion, in this bill and with this en bloc 
amendment, we are strengthening our government's ability to respond to 
crisis by standing up a civilian response corps. Our Nation must do a 
better job, not just in waging wars, but also in winning the peace. If 
we cannot translate security gains into economic growth, social well-
being and justice and reconciliation, all of the military power in 
world cannot secure long-term peace and prosperity for the world.
  This bill, together with this en bloc amendment, will improve our 
Nation's ability to win the peace. I encourage all the Members to 
support the en bloc amendment.
  Mr. SKELTON. I yield 1 minute to my friend, the gentleman from Oregon 
(Mr. DeFazio).
  Mr. DeFAZIO. I thank the chairman and the ranking member for their 
support on this amendment. It's quite simple. The Department of Defense 
spends nearly $1 billion a year moving freight and cargo around the 
United States of America. Much of that moved on truck. Many shippers 
these days, or brokers, are charging shippers, including the Department 
of Defense, a fuel surcharge or a fuel-related adjustment, as DOD calls 
it.
  It has come to the attention of the Surface Transportation 
Subcommittee that oftentimes those surcharges that are charged to the 
shippers are not passed on to the truckers who have got to buy the 
fuel. Hundreds of trucking firms have gone out of business this year. 
We are looking at record diesel prices.
  This amendment simply says that when DOD is charged a fuel-related 
adjustment, a fuel surcharge, that that must be passed on to the person 
who has to buy the fuel, generally the trucker, and it has to be posted 
visibly on the Internet by the broker so that it is known to the 
trucker and others who purchase the fuel that a fuel surcharge was in 
place.
  I thank the gentleman for his support on this important issue.
  Mr. SKELTON. Madam Chairman, I yield 1 minute to our colleague, the 
gentleman from Kentucky (Mr. Yarmuth).
  Mr. YARMUTH. Madam Chairman, I rise on behalf of Mr. Klein of Florida 
and myself to offer an amendment to the fiscal year 2009 National 
Defense Authorization Act, requiring Iraq to help support our troops 
stationed in their country.
  Oil revenues have helped generate a multibillion-dollar surplus in 
Iraq that is expected to reach $180 billion within 3 years. Still, 
American taxpayers send $339 million to Iraq each day, money that can 
be invested here, as gas prices are soaring, education is lagging, 
health care is increasingly out of reach, and everywhere American 
families are struggling.
  When the administration negotiates a Status of Forces Agreement this 
year, this amendment will require them to negotiate commonsense terms 
for Iraq to provide support for our military operations on their soil. 
This arrangement could be similar to the plan we have with South Korea, 
where they pay our security costs, or in Japan, which pays for 75 
percent of the cost of maintaining troops and grants U.S. base rights.
  Whatever the arrangement, this amendment would ensure that Americans 
no longer have to shoulder the burden alone. I urge my colleagues to 
join me in supporting this amendment.
  Mr. SKELTON. I yield 1 minute to my friend, the gentleman from Oregon 
(Mr. Blumenauer).
  Mr. BLUMENAUER. I appreciate the gentleman's courtesy.
  We take great pride in the United States, being the best fighting 
force the world. However, as a result of the training, bombs and shells 
that have failed to explode during exercises are located in every State 
of the Union on millions of acres of land. The cleanup of the 3,500 
military Munitions Response Program sites alone is going to cost over 
$20 billion, and at the current rate, take 200 to 300 years.
  Unexploded ordnance technologies and levels of funding are clearly 
inadequate. Refining detection technologies will significantly reduce 
cleanup costs and allow for more rapid cleanup. This amendment moves us 
in the direction by making research and development of UXO detection a 
priority, facilitates the deployment of this in the field where it's 
needed through partnership with outside entities and training of 
skilled operators. It requires the Department of Defense to provide a 
detailed review of its activities in this area by February, 2009.
  I deeply appreciate the cooperation of the committee in leveraging 
scarce funding for environmental remediation and the focus of the 
Department's efforts to clean up the millions of unexploded ordnance in 
our lands and waters. We will save money, protect the environment, and 
make our soldiers safer.
  Mr. SKELTON. At this time, I yield 1 minute to my friend and also a 
member of the Armed Services Committee, the gentlelady from New 
Hampshire (Ms. Shea-Porter).

[[Page 10819]]


  Ms. SHEA-PORTER. I would like to thank my colleague and my friend 
from Rhode Island for his hard work to bring this bill to the floor. 
Mr. Patrick Kennedy has been an advocate for improving health care in 
the Congress, a tradition that we know is a very proud family legacy.
  This amendment will provide for a new pilot program that connects 
Reservists to behavioral health care that they need. It will establish 
a call center that is available to assist servicemembers and their 
families around the clock.
  This commonsense provision helps us fulfill the promises that we have 
made to care for our troops. I am proud to be here with my friend from 
Rhode Island to offer it.
  Mr. SKELTON. Madam Chairman, I yield 1 minute to my friend, the 
gentleman from Rhode Island (Mr. Kennedy).
  Mr. KENNEDY. I would like to thank my good friend and colleague, 
Congressman Carol Shea-Porter, for working with me on this amendment. 
Before I speak about this important amendment, I'd like to thank all of 
my colleagues on both sides of the aisle for their great expression of 
support for me and my family over the last several days. It means so 
much to me and to my family that all of you have kept us in your 
prayers.
  I'd like to say on behalf of this amendment my gratitude to the 
chairman and to the ranking member for their support for our troops, 
our Guard and Reserve, who are carrying the brunt of this battle in 
Afghanistan and in Iraq, and for whom we are just trying to extend this 
24-hour suicide hotline so as to provide them the same extensive care 
and outreach that we have now provided those others of our veterans who 
now have benefited from such a hotline in our VA.
  I think this is an appropriate addition to this DOD bill, and I am 
glad to see that it's adopted in this bill. I thank the chairman for 
including it in this bill.
  Mr. SKELTON. I yield 1 minute to the gentleman from Washington (Mr 
Inslee).
  Mr. INSLEE. I want to thank Chairman Skelton for his help. A couple 
of amendments, one en bloc, will help advance the cause of efficiency 
and environmental responsibility. In this amendment we have an 
amendment that will encourage the DOD to look at systems to save energy 
in their computer networks. We have the ability to reduce our electric 
usage 20 to 30 percent. That helps us in our load growth.
  It's a great amendment. I want to thank the Chair. Later today we 
will have an amendment that will assist the service to move forward to 
judge our global warming emissions as well, and our procurement policy. 
A great thing for the environment, great thing for the service as part 
of our universal effort to advance several causes.
  I want to thank the Chair for getting both of these in there.
  Mr. SKELTON. I thank the gentleman from Washington.
  Mr. POE. Madam Chairman, I am proud to introduce this Amendment with 
Congresswoman Louise McIntosh Slaughter.
  Nearly 3 years ago, a distraught father contacted my office asking 
for help for his daughter, Jamie Leigh Jones. Jamie was a 20 year old, 
KBR contractor in Iraq. After only 4 days in the Green Zone, Jamie was 
drugged and gang-raped by her coworkers. When she woke up in the 
morning, she was naked, bruised, and bleeding. She saw 1 of her 
coworkers beside her and he confirmed that they had unprotected sex. 
She immediately contacted her supervisors and was taken to an Army 
hospital, where an Army doctor performed a rape kit. Rape kits are 
essential in future prosecutions because they preserve forensic 
evidence. The Army doctor took photographs of Jamie and informed Jamie 
that she was raped by multiple men. She has had reconstructive surgery.
  What happened next is appalling. Jamie was locked in a guarded 
shipping container for 24 hours. Her supervisors told her this was for 
her safety, but she was not provided food or water and she was not 
allowed to contact anyone. Jamie finally convinced a sympathetic guard 
to let her use his cell phone and Jamie called her dad for help.
  After speaking with Jamie's father, my staff and I contacted the 
State Department and within 2 days, 2 agents from the State Department 
had rescued Jamie.
  Since Jamie's return in America, she has not had justice. Although a 
grand jury was finally convened, 2\1/2\ years later, there is still no 
indictment. We learned that Jamie's important rape kit was turned over 
to her employer, KBR, instead of to the proper law enforcement 
personnel. KBR then lost and recovered the rape kit, but it is 
incomplete. KBR has stonewalled cooperation with authorities on the 
investigation regarding what occurred to this and other victims in 
Iraq.
  This Amendment is very straight forward. It requires defense 
contractors in Iraq and Afghanistan to report violent crimes committed 
against or by their contracted employees to the Department of Defense 
and that the information must be made public. It also requires defense 
contractors to provide for victims with medical and psychological 
assistance.
  This Amendment is one step in the right direction for bringing 
justice to victims. And that's just the way it is.
  Mr. VAN HOLLEN. Madam Chairman, I rise today in strong support of the 
National Defense Authorization 2009.
  This bipartisan bill authorizes $531 billion for the DoD and national 
defense programs of the Department of Energy and reflects Congress' 
commitment to supporting our troops and their families while protecting 
the national interests of the United States and improving the oversight 
and accountability of funding for operations in Iraq and Afghanistan.
  I believe passage of this bill will be welcome news to our service 
members and their families. To help our troops readjust to civilian 
life and to help military families deal with the economic pressures 
here at home as a spouse serves overseas, the bill provides a 3.9 
percent pay raise for all servicemembers and extends the President's 
authority to offer bonuses and other incentive pay. The bill provides 
tuition assistance to help military spouses establish their own 
careers, authorizes funds to assist area schools with large enrollments 
of children from military families, and reverses the rise in health 
care costs by prohibiting fee increases in TRICARE and the TRICARE 
pharmacy program.
  As a member of the House Oversight and Government Reform Committee, 
where oversight of war contracting has been a priority, I am encouraged 
by language in the bill to increase transparency and accountability of 
federal contracts. The Defense Department has made over 180,000 
payments to contractors from offices in Iraq, Kuwait, and Egypt. These 
payments are for everything from bottled water to assault rifles. But 
due to poor DoD accountability and oversight, billions of dollars of 
taxpayer money are unaccounted for or have simply gone missing.
  Today, the DoD Deputy Inspector General told the Oversight and 
Government Reform Committee that, after reviewing approximately $8.2 
billion in Defense spending in Iraq, they estimate that the Department 
failed to properly account for $7.8 billion. Additionally, the IG 
reported that the Defense Department has paid $135 million to Britain, 
South Korea, Poland, and other countries to conduct their own 
operations in Iraq. The DoD Inspector General tried to find out what 
this money was used for, but could find no answers.
  The bill addresses the lack of accountability in war contracting in 
two ways. First, by requiring a separate budget request for operations 
in Afghanistan and Iraq, it will be easier for Congress and American 
people to follow more closely how U.S. tax dollars are being spent. 
Second, with the passage of the Waxman amendment to the bill, anti-
fraud measures will be enhanced and transparency in contracting 
Increased by limiting the use of abuse-prone contracts and by 
rebuilding the federal acquisition workforce.
  I am also supporting this bill for the assistance it provides the 
many thousands of federal employees who work for the DoD and who are 
fearful of administration efforts to use the OMB A-76 Circular to 
compete out their jobs. I am pleased that I was able to help ensure 
that the 2008 National Defense Authorization Act included a provision 
that prohibits the Pentagon from undertaking, preparing for, 
continuing, or completing public-private competitions of federal jobs 
as directed by the Office of Management and Budget. The provision also 
overturns the mandatory requirement that the jobs of federal employees 
be re-competed every 5 years.
  The Department of Defense has yet to issue guidance to the Department 
to implement past congressional A-76 recommendations nor has it 
listened to the recommendations of military commanders who have warned 
that these A-76 competitions are harming the Pentagon's mission. So, 
the National Defense Authorization Act again urges the Pentagon to 
immediately implement guidelines recommended by Congress.

[[Page 10820]]

  Like most bills, this one contains provisions that I would not have 
included. However, on balance it is a good bill that strengthens our 
national security.
  Mr. KLEIN of Florida. Madam Chairman, I rise today to support the 
amendment that I authored with my friend, Congressman John Yarmuth of 
Kentucky.
  Although some of my colleagues and I have differing views on our 
strategy in Iraq, one thing is clear: after five years and $600 billion 
of American taxpayer dollars spent, ``enough is enough.''
  That is why Mr. Yarmuth and I are offering this amendment today. Our 
amendment declares that any future Status of Forces Agreement that is 
negotiated between Iraq and the United States must include cost-sharing 
measures so that that the Iraqi government can take more 
responsibility.
  With an expected Iraqi budget windfall of some $60 billion this year, 
it is time for Iraq to stand up and take responsibility for its own 
future.
  All of our districts are feeling the pinch of tough economic times 
here at home. Critical domestic priorities are being underfunded or not 
funded at all.
  Our amendment would help put our economy back on track and would send 
a message to the Iraqi government that they must participate in their 
own future.
  Mr. STUPAK. Madam Chairman, I rise today in support of my amendment, 
labeled Stupak #39, to extend eligibility for disability pay to certain 
cadets at our military academies.
  Each year, a small number of enlisted military personnel voluntarily 
separate from the military in order to attend one of the military 
academies. In doing so, they give up many of the privileges and 
protections that came with their regular military status.
  In the Fiscal Year 2005 Defense Authorization Act, Congress 
recognized the sacrifices and risks that military cadets undergo by 
bringing them into the military health care and disability system. 
However, this protection is effective only from the date of enactment, 
which was October 2004.
  Enlisted soldiers who choose to leave the service today to attend a 
military academy will be covered by the military disability system, but 
soldiers who attended before 2004 are not.
  A problem with this arrangement came to my attention in 2006 and I 
have been working in Congress since then to make an effective change. 
James Hildgendorf, a constituent of mine, was serving as an enlisted 
soldier, and was selected to attend West Point. He de-enlisted and 
became a cadet. However, while at school, he sustained severe injuries 
that ended his military career.
  Because he had given up his enlisted status to become a cadet, and 
because he graduated prior to October 2004, he was found ineligible for 
the disability pay that he would have received as an ordinary soldier.
  My amendment would rectify James' situation and that of soldiers in 
the same situation, by taking the changes made by Congress in 2004 and 
pushing their effective date back to January 1, 2000 for personnel who 
gave up their enlisted status in order to attend a military academy. 
The amendment effectively extends eligibility for military disability 
retired pay to individuals who left enlisted service in order to attend 
a military academy between January 1, 2000 and October 28, 2004, and 
who suffered a disabling injury while attending the academy.
  This amendment would not affect all cadets, but it would give 
recognition to the special risks taken by those enlisted men and women 
who gave up their enlisted status to attend an academy prior to 2004.
  The affected population would likely be relatively small. The 
Congressional Research Service estimates that fewer than 575 
individuals gave up military status in order to attend an academy 
between 2000 and 2004, and only a small percentage of those individuals 
incurred a disability at the academy. Additionally, a preliminary cost 
estimate conducted by the Congressional Budget Office shows this 
amendment would result in less than $500,000 in direct spending.
  However, for those individuals to whom this amendment does apply, it 
will make a big difference. The soldiers who are chosen to attend the 
military academies are the best and brightest from among our enlisted 
ranks. Congress should not continue to deny them their disability 
benefits.
  I urge my colleagues to join me in voting for this amendment and I 
encourage members to vote for final passage of the Fiscal Year 2009 
National Defense Authorization Act.
  Vote ``yes'' on the Stupak amendment.
  Mr. FOSSELLA. Madam Chairman, today I rise in support of my amendment 
to the FY2009 Defense Authorization bill (amendment number 27), 
authorizing free mailing privileges for the family members of our 
service men and women deployed in Iraq and Afghanistan. This amendment 
provides a tremendous opportunity for us to increase the morale of our 
troops overseas, which, as we are all aware, is necessary for having a 
confident and motivated military.
  First, I would like to thank Chairman Skelton, Ranking Member Hunter, 
Personnel SubCommittee Chairwoman Davis and of course my fellow New 
York colleague, Ranking Member McHugh for their help in cultivating 
this amendment. I drafted this amendment in response to concerns 
expressed to me by many military families that it was becoming too 
costly to send regular care packages to loved ones overseas. I heard 
story after story of families, already finding it hard to make ends 
meet, having to spend as much as $1,500 a year to mail care packages. 
Each package our men and women in uniform receive arrives with a touch 
of home. Personal items in these packages, like pictures, cards and 
school, projects from their children make deployments much more 
bearable.
  Mail from home also serves a second and important purpose providing 
our military men and women with basic necessities like shampoo, foot 
powder, phone cards and even the ever essential fly paper.
  In my district of Staten Island and Brooklyn, local residents joined 
together and raised money to help military families send these packages 
over seas. I was inspired by the outpouring of support for our service 
men and women in Dyker Heights, Brooklyn, where postal service 
employees raised money to cover the postage for every package sent to 
our troops. In Staten Island, residents formed Staten Island Project 
Homefront, Incorporated: a non-profit organization dedicated to serving 
our deployed troops and their families by sending thousands of care 
packages to the troops in theater. This month alone, over 200 packages 
were mailed overseas by this group with a postage cost of over $2,000.
  It was these acts of great generosity and patriotism which prompted 
me to advocate for this essential program in Congress.
  This amendment has received the support of organizations such as the 
VFW, American Legion, and the National Association of Uniformed 
Services. To quote the VFW, ``letters and packages from home do wonders 
in boosting the morale of our men and women serving in harms way, and 
high morale transfers to combat ready and effectiveness.'' Comments 
such as this, I whole heartedly agree with.
  I recently heard from Debbie Parsons from Staten Island; Debbie had 
two sons in the Marine Corps serving in Iraq; both of whom will return 
for their second tours in the fall. Six days a week Debbie volunteers 
her time at Staten Island Project Homefront, packing boxes to send over 
to our troops. She would hear from her sons regularly and they often 
request she send supplies such as snacks, Power bars, soft drinks, 
books and foot powder, among other things. Prior to the donations from 
Staten Island Project Homefront, the packages she sent to her sons cost 
hundreds of dollars every month.
  It goes without saying our servicemen and women are making enormous 
sacrifices fighting the War on Terrorism and defending freedom and 
liberty. They face great challenges under trying circumstances, and 
often without the benefit of basic necessities like socks and foot 
powder. It falls upon their families to get them these supplies and to 
cover the cost of shipping them overseas. This amendment will help make 
life a little better for our soldiers and ease the financial burden on 
those supporting them. It is a simple way to bring a touch of home to 
America's heroes overseas.
  I urge my colleagues to support this amendment and provide our 
military families an easier path to sending a piece of home to their 
loved ones.
  Mr. KING of Iowa. Madam Chairman, I rise today to offer an amendment 
asking the Chief of the National Guard Bureau to develop a report on 
the effectiveness of certain Guard ``empowerment'' provisions that were 
contained in the FY08 Defense Authorization Act.
  Madam Chairman, since September 11, 2001, the United States has 
increasingly turned to the men and women of the National Guard to 
provide much needed support in our efforts to prosecute a global war 
against radical Islamic jihaddists. Answering their Nation's call to 
arms, Guard units from across the country have faithfully and 
courageously served in harm's way on the front lines of this historic 
struggle.
  The men and women of the Iowa National Guard are no different. Just 
last month, constituents from my congressional district in Western Iowa 
welcomed home members of the Iowa Army National Guard who returned from 
deployments in Iraq. As has been the

[[Page 10821]]

case with many Guard units across the country, this is not the first 
welcome home ceremony that these units have enjoyed in the past few 
years.
  And yet, while the Guard is deploying many of its members to distant 
battlefields, it is still expected to meet the many demands of its 
domestic mission. Despite the Nation's need for men and women of the 
Guard to serve on the battlefield, our State Governors must continue to 
have ready access to the Guard to respond to the emergency and disaster 
relief needs of their States.
  There is no doubt that the services and capabilities of the Guard are 
in high demand. In many respects, this is due to the fact that both 
active duty commanders and governors know that when they call, the 
Guard will be there. They also know that Guard members can always be 
counted upon to complete their mission in the most efficient and 
professional manner possible.
  The many demands placed upon the Guard, however, have begun to wear 
down its capabilities. To address this, Congress included several 
provisions in the FY08 National Defense Authorization Act intended to 
boost the standing of the Guard within the Department of Defense. The 
``empowerment'' provisions included the elevation of the Chief of the 
Guard Bureau from the rank of Lieutenant General to the rank of full 
General. The bill also made the Guard Chief the primary advisor to the 
Chairman of the Joint Chiefs on Guard matters.
  In addition to these important changes, the bill also made the 
National Guard a joint agency, charges the Secretary of Defense with 
writing the Guard's charter, and requires that the Deputy Commander of 
the Northern Command be a member of the Guard.
  All of these changes, Madam Chairman, were aimed at ensuring the 
National Guard would have a clearer voice in policy and budgetary 
discussions within the Department of Defense. To determine the extent 
to which these empowerment provisions have accomplished this goal, my 
amendment asks the Chief of the Guard Bureau to submit a report to the 
Secretary of Defense analyzing the effectiveness of the empowerment 
provisions. My amendment then requires the Secretary of Defense to 
submit the Chief's report to Congress with the Secretary's own comments 
on the matter.
  Madam Chairman, as we continue to wage a global war against radical 
Islamic jihaddists, it is imperative that we give the National Guard 
the resources and pull necessary to ensure it is able to remain an 
integral part of this fight and to ensure it is able to carry out its 
duties with respect to its domestic mission here at home. To do this, 
we must see to it that we are responsive to the needs of the Guard. 
With the passage of the empowerment provisions in last year's Defense 
Authorization bill, we have taken some important first steps toward 
addressing the 21st century needs of the Guard. But only the Guard 
itself will be able to tell us if these changes have hit their mark and 
are having their intended effect.
  This amendment will allow Congress to get important, first-hand 
feedback from the Guard on this important issue, and I ask my 
colleagues to join me in supporting its passage.
  Mr. BERMAN. Madam Chairman, I rise in strong support of this en bloc 
amendment and want to make a few comments about Amendment #18, which 
was included in this amendment.
  Title XVI of H.R. H658, the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009, is the text of H.R. 1084, 110th 
Congress, as passed by the House on March 7, 2008, introduced by our 
colleagues Sam Farr and Jim Saxton. That text differed to some degree 
from the introduced text and is identical to what was reported out by 
the Committee on Foreign Affairs, as I explained at the time of House 
passage.
  In discussions with the sponsors of this legislation in the other 
body, however, certain modifications to the text were deemed desirable, 
and this amendment, which has been agreed to by the Ranking Member of 
the Committee on Foreign Affairs, the Gentlewoman from Florida, Ms. 
Ros-Lehtinen, and by Mr. Farr, represents those changes.
  I thank the Chairman and the ranking Member of the Committee on Armed 
Services for supporting this amendment, which will smooth the way 
towards the inclusion of title XVI in the final version of the bill.
  Mr. ISRAEL. Madam Chairman, this amendment is very simple. 
Essentially, it suggests a small step DOD can take to make itself more 
energy efficient. The amendment requires the Secretary of Defense to 
conduct a study reviewing DOD's policies concerning the sale and 
disposal of used motor vehicle lubricating oil. The report will include 
an evaluation of the feasibility of implementing policies to require 
closed loop recycling of used oil as a means of reducing total indirect 
energy usage and greenhouse gas emissions.
  And to the extent that the report finds that closed loop recycling 
can reduce total indirect energy usage and decrease greenhouse gas 
emissions without significant increase in overall cost to DOD, it asks 
the Secretary to implement closed loop recycling of used oil when 
feasible.
  Re-refining, or recycling, allows used oil that would otherwise be 
burned or dumped to be refined again and used for its originally 
intended purpose, just as when it was virgin oil. According to the 
American Petroleum Institute, re-refining used lubricating oil takes 
from 50 to 85 percent less energy than refining crude oil. Re-refined 
oil meets industry standards for use in vehicles. And according to a 
July 2006 report by the Department of Energy, ``transforming all used 
oil that is currently combusted into lube oil products could save 63 
million gallons of fuel oil equivalent per year.''
  Through closed loop recycling, DOD would buy re-refined oil for use 
in its vehicles, sell their used oil back to re-refiners to be 
recycled, and then continue the cycle.
  I should also note that nothing in this amendment changes or affects 
the Solid Waste Disposal Act or any other Federal or State 
environmental law, or the obligation of any person to comply with that 
law.
  This amendment is a win-win. By recycling used motor oil, DOD 
decreases its reliance on our adversaries to keep its vehicles running. 
DOD conserves energy by extending the life of a nonrenewable resource. 
And greenhouse gas emissions are decreased.
  DOD already uses some re-refined oil and it even has a closed loop 
re-refined oil program. Expanding these programs is one small way the 
military can reduce its overall reliance on foreign oil. As the largest 
single consumer of energy in the United States, it is a step that I 
believe DOD should consider taking.
  Mr. SKELTON. I yield back the balance of my time.
  The Acting CHAIRMAN (Ms. Watson). The question is on the amendments 
en bloc offered by the gentleman from Missouri (Mr. Skelton).
  The amendments en bloc were agreed to.


            Amendment No. 6 Offered by Mr. Franks of Arizona

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

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

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

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

  The Acting CHAIRMAN. Pursuant to House Resolution 1218, the gentleman 
from Arizona (Mr. Franks) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FRANKS of Arizona. Madam Chair, I yield myself such time as I may 
consume.
  I rise today to urge support for my amendment to restore funding to 
the Missile Defense Agency to fund against short and medium-range 
ballistics missiles. My amendment restores $719 million in funding to 
the Missile Defense Agency, to return the President's budget request to 
$9.3 billion. My amendment directs that this $719 million be 
specifically targeted toward the Theater High Altitude Area Defense 
System and the AEGIS Ballistic Missile Defense Systems and the test and 
targets necessary to test those systems.
  I agree with the Democrats, Madam Chairman, which is pretty unusual. 
I agree with the Democrats that we need to be concerned about the 
threat of

[[Page 10822]]

short and medium-range ballistic missiles to our forward-deployed 
troops on the Korean peninsula, North Japan, and throughout southwest 
Asia. Today, these forces are at risk of attack by thousands of lethal 
ballistic missiles that may carry conventional, chemical, or, in some 
cases, nuclear warheads. Our close allies, South Korea, Japan, Israel, 
and Turkey are held at risk by these missiles as well.
  Deployed Patriot batteries provide some limited point defense to 
shield some, but not all, of our key command and control centers. We 
can improve upon this very limited defense and offer a larger umbrella 
of protection against ballistic missiles to our forces with area 
defense. Both the land-based Theater High Altitude Area Defense system, 
or THAAD, as well as the sea-based AEGIS Ballistic Missile system, 
offer significant area missile defense capabilities to our theater 
commanders.
  I want to applaud the entire House Armed Services Committee for 
increasing funding for both of these programs. Unfortunately, I fear 
these increases do not do enough for our theater commanders, who cannot 
get these systems deployed fast enough because they simply are not yet 
available to apportion. The House Armed Services Committee has received 
testimony from Admiral Keating, Commander of U.S. Pacific Command, and 
General Bell, Commander of U.S. Forces in Korea, to this effect.
  The administration should accelerate production of THAAD fire units 
and interceptors, as well as the AEGIS 3 standard missile 3 
interceptors to adequately source the combatant commands with area 
defense against short and medium-range or theater class ballistic 
missiles.

                              {time}  1445

  The committee has authorized $75 million above the President's budget 
for each of these programs, but I am concerned that this increase will 
not deliver capability to the warfighter soon enough in the most 
expeditious manner. The short and medium-range ballistic missile threat 
exists today, and we can procure more interceptors to defend our troops 
in harm's way.
  Mr. Chairman, very simply, probably one of our best hedges against 
proliferation of nuclear arms today in the world is missile defense, 
and it is very important that we do everything we can to be prepared 
for any eventuality. So I offer this amendment and urge the support of 
my colleagues.
  I reserve the balance of my time.
  Mrs. TAUSCHER. Mr. Chairman, I rise in opposition to the Franks 
amendment and claim the time in opposition.
  The Acting CHAIRMAN (Mr. Ross). The gentlewoman from California is 
recognized for 10 minutes.
  Mrs. TAUSCHER. Mr. Chairman, I rise in opposition to the Franks 
amendment. This amendment would increase fiscal year 2009 funding for 
the Missile Defense Agency by $719 million, back up to the level of the 
President's budget request. The Bush administration's request of $9.3 
billion in fiscal year 2009 for the Missile Defense Agency already 
represents an increase of $680 million above last year's funded level.
  With prudent reductions and selected increases, H.R. 5658 authorizes 
$8.6 billion in FY 2009 for the Missile Defense Agency, roughly 
equivalent to the fiscal year 2008 level. We provide increases in 
funding for assistance geared to current threats, like Aegis BMD, 
THAAD, the missile defense testing program and missile defense 
cooperation with Israel, all of these by $185 million. At the same 
time, we make prudent reductions to longer-term, less-mature systems, 
like the Multiple Kill Vehicle and the Airborne Laser.
  Unfortunately, the Franks amendment would unravel the thoughtful work 
of the committee. First, Mr. Franks proposes that the offset would come 
from any Pentagon research and development account, except the Missile 
Defense Agency, unfairly placing missile defense programs above all 
other R&D priorities.
  Second, it is unlikely that the proposed increase in the funding for 
the programs outlined in this amendment can be executed in fiscal year 
2009.
  Third, and perhaps more important, the amendment is inconsistent of 
section 223 of the fiscal year 2008 National Defense Authorization Act, 
which requires that procurement funds be used for procurement 
activities, not research and development activities.
  Also, as written, the amendment would not allow any of the funding to 
be used for additional THAAD or Aegis Standard Missile Interceptors, 
because it provides only research and development funding.
  Mr. Chairman, H.R. 5858 provides our warfighters the real 
capabilities to meet the real threats to our homeland, deployed forces 
and allies. It also makes prudent reductions to systems geared to less 
urgent threats, ensuring that other important national defense 
priorities, such as readiness, strategic programs and nonproliferation 
efforts, are well-funded.
  The House defeated a similar floor amendment last year, and I urge my 
colleagues to oppose this amendment.
  I reserve the balance of my time.
  Mr. FRANKS of Arizona. Mr. Chairman, I now yield 3 minutes to the 
distinguished gentleman from Texas (Mr. Sessions).
  Mr. SESSIONS. Mr. Chairman, I rise today in support of the gentleman 
Mr. Franks' amendment. Mr. Franks serves along with myself as 
cochairman of the Missile Defense Caucus.
  This amendment restores critical funding to our layered missile 
defense system, which protects the United States and its allies from 
short and medium-range ballistic missiles. This bill that we have heard 
talked about cuts funding for missile defense to $719 million below the 
President's budget request of $9.3 billion, an unacceptable funding 
level to provide for our national defense.
  The Democrats' authorization to the Aegis Ballistic Missile Defense 
System would not even cover the expenses incurred by the Missile 
Defense Agency to conduct what was recently the shootdown of the US-193 
satellite, which cost the agency upwards of $100 million. I would add 
that the very recent successful shootdown of the satellite is evidence 
of the successes and importance of the missile defense program and the 
ongoing necessity to make sure these programs are fully funded and in 
development.
  The Democrats have also authorized inadequate funding for the THAAD, 
or Theater High Altitude Area Defense System. I think it is an 
embarrassment that out of the $890 million requested for the project by 
the administration, only $75 million was authorized for THAAD; $75 
million out of $890 million requested.
  Finally, my friends in the Democrat majority inserted language into 
the bill that requires the Secretary of Defense to certify that the 
two-stage intercepter missile proposed for the European site ``has 
demonstrated through successful, operationally realistic testing, a 
high priority of operating in an operationally effective manner and the 
ability to accomplish the mission.''
  Unfortunately, the Democrats only provide an additional $25 million 
for these tests and targets. This not-so-subtle attempt to starve the 
program puts our country at risk and it is an attempt that I oppose.
  Congressman Franks' amendment restores the $719 million to our 
missile defense program, putting the necessary defense capacities in 
the hands of our commanders and providing for the continued success of 
our short and medium-range ballistic missile program.
  Mr. Chairman, I believe this is a matter of national security and it 
is very important, and I urge all of my colleagues to support this 
amendment.
  Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may 
consume prior to introducing my colleague from Washington.
  I just wanted to correct the record. My colleague from Texas must 
have very old talking points. The subcommittee increased the money for 
both THAAD, a $75 million increase above the President's budget, and 
Aegis BMD, $75 million over the President's budget. So what the 
gentleman just said is totally incorrect.

[[Page 10823]]

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

                              {time}  1500

  Mr. LAMBORN. Mr. Chairman, I rise today in support of an amendment by 
my good friend, Congressman Franks of Arizona. This amendment will 
restore $719 million in the defense authorization bill for missile 
defense.
  As Members of Congress, we have sworn an oath to provide for the 
common defense of this great Nation. This amendment will do just that. 
There are over 25 countries globally with ballistic missiles, and nine 
of those countries have intercontinental ballistic missiles. Rogue 
nations like North Korea and Iran continue to push for nuclear and 
ballistic missile technologies. It is critical that we fund systems 
that will deter these threats. We must provide the funding necessary to 
support the warfighters. This money will specifically go to Aegis and 
THAAD defense

[[Page 10824]]

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


                Amendment No. 23 Offered by Mr. Tierney

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

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

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

       (a) Missile Defense Funding Reductions.--The amount in 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide, is hereby reduced by $996,200,000, 
     to be derived from amounts for the Missile Defense agency as 
     follows:
       (1) $100,000,000 reduction from the Airborne Laser program.
       (2) $100,000,000 reduction from the Kinetic Energy 
     Interceptor (KEI) program.
       (3) $100,000,000 reduction from the Multiple Kill Vehicle 
     (MKV) program.
       (4) $341,200,000 from the termination of any funding for 
     the proposed long-range missile defense sites in Europe.
       (5) $355,000,000 from the termination of any further 
     deployment in the Ground-Based Midcourse Defense program, 
     with this reduction not interfering with development or 
     testing activities under the program.
       (b) Additional Funds to Counter Weapons of Mass Destruction 
     and Terrorism.--
       (1) Cooperative threat reduction program.--The amount 
     provided in section 1302(a) for the Cooperative Threat 
     Reduction is hereby increased by $75,000,000.
       (2) Nonproliferation and weapons of mass destruction 
     programs.--The amount provided in section 3101(a)(2) for 
     nonproliferation and weapons of mass destruction programs of 
     the Department of Energy is hereby increased by $529,000,000, 
     which shall be available as follows:
       (A) $50,000,000 for Global Threat Reduction Initiative.
       (B) $30,000,000 for International Nuclear Materials 
     Protection and Cooperation program.
       (C) $60,000,000 for Second Line of Defense program to 
     cooperate with other countries to deter, detect, and 
     interdict illicit transfers of nuclear and radioactive 
     materials at border crossings and ports.
       (D) $15,000,000 for NNSA's export control assistance 
     program for the purpose of developing a plan for making sure 
     all countries fulfill their UNSC 1540 obligation to put 
     effective controls in place.
       (E) $50,000,000 increase of conditional appropriation to 
     encourage Russia to blend down additional HEU, to finance 
     such incentives if an agreement is reached that requires such 
     funding.

[[Page 10825]]

       (F) $50,000,000 for safeguards work at the Department of 
     Energy National Laboratories.
       (G) $100,000,000 increase for non-proliferation research 
     and development, such as treaty monitoring and verification.
       (H) $10,000,000 for completing the experimental study on 
     analyzing the impacts of sabotage of spent-fuel 
     transportation in the United States.
       (I) $50,000,000 for accelerated or further dismantlement of 
     nuclear weapons (and removal of pits from nuclear weapons).
       (J) $41,000,000 for chemical weapons destruction at the 
     Bluegrass facility in Kentucky.
       (K) $73,000,000 for chemical weapons destruction at the 
     Pueblo facility in Colorado.
       (c) Additional Support for Wounded Warriors and Their 
     Families.--
       (1) Impact aid.--The amount provided in section 571 is 
     hereby increased by $30,000,000 to increase funding for 
     impact aid to help local educational agencies provide support 
     to students who are dependents of members of the Armed 
     Forces.
       (2) Family support for wounded warriors.--Amounts provided 
     for family support of wounded members of the Armed Forces is 
     hereby increased by $30,000,000.
       (3) Suicide prevention.--Amounts available for programs to 
     prevent suicides by members of the Armed Forces is hereby 
     increased by $30,000,000.
       (4) Wounded warriors as healthcare providers.--An amount 
     equal to $10,000,000 is authorized to be appropriated for a 
     pilot program to identify and retrain wounded members as 
     military health professionals who would then treat and care 
     for other wounded members.
       (d) National Guard and Reserve Shortfalls.--The balance of 
     amounts reduced under subsection (a), after application of 
     subsections (b) and (c) shall be available to increase 
     amounts available for the National Guard and Reserve to fund 
     identified shortfalls, especially in connection with homeland 
     security activities.

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

[[Page 10826]]

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

                              {time}  1515

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

[[Page 10827]]

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


          Notice to Alter Order of Consideration of Amendments

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

[[Page 10828]]

Chairman of the Committee of the Whole House on the state of the Union, 
reported that that Committee, having had under consideration the bill 
(H.R. 5658) to authorize appropriations for fiscal year 2009 for 
military activities of the Department of Defense, to prescribe military 
personnel strengths for fiscal year 2009, and for other purposes, had 
come to no resolution thereon.

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