    [110th Congress Public Law 417]
    [From the U.S. Government Publishing Office]

    [DOCID: f:publ417.110]

    [[Page 4355]]

      DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

    [[Page 122 STAT. 4356]]

    Public Law 110-417
    110th Congress

                                     An Act

    To authorize appropriations for fiscal year 2009 for military activities
    of the Department of Defense, for military construction, and for defense
    activities of the Department of Energy, to prescribe military personnel
    strengths for such fiscal year, and for other purposes. <<NOTE: Oct. 14,
                              2008 -  [S. 3001]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Duncan Hunter
    National Defense Authorization Act for Fiscal Year 2009.>>
    SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS.

        (a) Short Title.--This Act may be cited as the ``Duncan Hunter
    National Defense Authorization Act for Fiscal Year 2009''.
        (b) Findings.--Congress makes the following findings:
                (1) Representative Duncan Hunter was elected to serve
            northern and eastern San Diego in 1980 and served in the House
            of Representatives until the end of the 110th Congress in 2009,
            representing the people of California's 52d Congressional
            district.
                (2) Previous to his service in Congress, Representative
            Hunter served in the Army's 173rd Airborne and 75th Ranger
            Regiment from 1969 to 1971.
                (3) During the Vietnam conflict, Representative Hunter's
            distinguished service was recognized by the award of the Bronze
            Star and Air Medal, as well as the National Defense Service
            Medal and the Vietnam Service Medal.
                (4) Representative Hunter served on the Committee on Armed
            Services of the House of Representatives for 28 years, including
            service as Chairman of the Subcommittee on Military Research and
            Development from 2001 through 2002 and the Subcommittee on
            Military Procurement from 1995 through 2000, the Chairman of the
            full committee from 2003 through 2006, and the ranking member of
            the full committee from 2007 through 2008.
                (5) Representative Hunter has persistently advocated for a
            more efficient military organization on behalf of the American
            people, to ensure maximum war-fighting capability and troop
            safety.
                (6) Representative Hunter is known by his colleagues to put
            the security of the Nation above all else and to provide for the
            men and women in uniform who valiantly dedicate and sacrifice
            themselves for the protection of the Nation.
                (7) Representative Hunter has demonstrated this devotion to
            the troops by working to authorize and ensure quick deployment
            of add-on vehicle armor and improvised explosive device jammers,
            which have been invaluable in protecting the troops from attack
            in Iraq.

    [[Page 122 STAT. 4357]]

                (8) Representative Hunter worked to increase the size of the
            U.S. Armed Forces, which resulted in significant increases in
            the size of the Army and Marine Corps.
                (9) Representative Hunter has been a leader in ensuring
            sufficient force structure and end-strength, including through
            the 2006 Committee Defense Review, to meet any challenges to the
            Nation. His efforts to increase the size of the Army and Marine
            Corps contributed to the enactment by the Congress and the
            subsequent implementation by the Administration of the larger
            forces.
                (10) Representative Hunter is a leading advocate for
            securing America's borders.
                (11) Representative Hunter led efforts to strengthen the
            United States Industrial Base by working to enact legislation
            that ensures that the national industrial base will be able to
            design and manufacture those products critical to America's
            national security.

        (c) Sense of Congress.--It is the sense of Congress that the
    Honorable Duncan Hunter, Representative from California, has discharged
    his official duties with integrity and distinction, has served the House
    of Representatives and the American people selflessly, and deserves the
    sincere and humble gratitude of Congress and the Nation.
    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

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

        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; findings; sense of Congress.
    Sec. 2. Organization of Act into divisions; table of contents.
    Sec. 3. Congressional defense committees.
    Sec. 4. Explanatory statement.

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                              TITLE I--PROCUREMENT

                   Subtitle A--Authorization of Appropriations

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

                            Subtitle B--Army Programs

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

                            Subtitle C--Navy Programs

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

    [[Page 122 STAT. 4358]]

    Sec. 124. Authority for advanced procurement and construction of
               components for the Virginia-class submarine program.

                         Subtitle D--Air Force Programs

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

                   Subtitle E--Joint and Multiservice Matters

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

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

                   Subtitle A--Authorization of Appropriations

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

         Subtitle B--Program Requirements, Restrictions, and Limitations

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

                      Subtitle C--Missile Defense Programs

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

                               Subtitle D--Reports

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

                            Subtitle E--Other Matters

    Sec. 251. Modification of systems subject to survivability testing
               oversight by the Director of Operational Test and evaluation.

    [[Page 122 STAT. 4359]]

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

                      TITLE III--OPERATION AND MAINTENANCE

                   Subtitle A--Authorization of Appropriations

    Sec. 301. Operation and maintenance funding.

                      Subtitle B--Environmental Provisions

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

                     Subtitle C--Workplace and Depot Issues

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

                           Subtitle D--Energy Security

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

                               Subtitle E--Reports

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

                            Subtitle F--Other Matters

    Sec. 351. Extension of Enterprise Transition Plan reporting requirement.
    Sec. 352. Demilitarization of loaned, given, or exchanged documents,
               historical artifacts, and condemned or obsolete combat
               materiel.
    Sec. 353. Repeal of requirement that Secretary of Air Force provide
               training and support to other military departments for A-10
               aircraft.
    Sec. 354. Display of annual budget requirements for Air Sovereignty
               Alert Mission.

    [[Page 122 STAT. 4360]]

    Sec. 355. Revision of certain Air Force regulations required.
    Sec. 356. Transfer of C-12 aircraft to California Department of Forestry
               and Fire Protection.
    Sec. 357. Limitation on treatment of retired B-52 aircraft for Air
               Combat Command headquarters.
    Sec. 358. Increase of domestic breeding of military working dogs used by
               the Department of Defense.

                   TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                            Subtitle A--Active Forces

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

                           Subtitle B--Reserve Forces

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

                   Subtitle C--Authorization of Appropriations

    Sec. 421. Military personnel.

                       TITLE V--MILITARY PERSONNEL POLICY

                 Subtitle A--Officer Personnel Policy Generally

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

                    Subtitle B--Reserve Component Management

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

              Subtitle C--Joint Qualified Officers and Requirements

    Sec. 521. Joint duty requirements for promotion to general or flag
               officer.
    Sec. 522. Technical, conforming, and clerical changes to joint specialty
               terminology.
    Sec. 523. Promotion policy objectives for joint qualified officers.
    Sec. 524. Length of joint duty assignments.

    [[Page 122 STAT. 4361]]

    Sec. 525. Designation of general and flag officer positions on Joint
               Staff as positions to be held only by reserve component
               officers.
    Sec. 526. Modification of limitations on authorized strengths of reserve
               general and flag officers in active status serving in joint
               duty assignments.
    Sec. 527. Reports on joint education courses available through the
               Department of Defense.

                     Subtitle D--General Service Authorities

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

                       Subtitle E--Education and Training

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

                    Subtitle F--Defense Dependents' Education

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

                          Subtitle G--Military Justice

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

            Subtitle H--Decorations, Awards, and Honorary Promotions

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

                          Subtitle I--Military Families

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

                            Subtitle J--Other Matters

    Sec. 591. Prohibition on interference in independent legal advice by the
               Legal Counsel to the Chairman of the Joint Chiefs of Staff.
    Sec. 592. Interest payments on certain claims arising from correction of
               military records.

    [[Page 122 STAT. 4362]]

    Sec. 593. Extension of limitation on reductions of personnel of agencies
               responsible for review and correction of military records.
    Sec. 594. Modification of matching fund requirements under National
               Guard Youth Challenge Program.
    Sec. 595. Military salute for the flag during the national anthem by
               members of the Armed Forces not in uniform and by veterans.
    Sec. 596. Military Leadership Diversity Commission.
    Sec. 597. Demonstration project on service of retired nurse corps
               officers as faculty at civilian nursing schools.
    Sec. 598. Report on planning for participation and hosting of the
               Department of Defense in international sports activities,
               competitions, and events.

               TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                         Subtitle A--Pay and Allowances

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

               Subtitle B--Bonuses and Special and Incentive Pays

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

                Subtitle C--Travel and Transportation Allowances

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

                  Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                            Subtitle F--Other Matters

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

    [[Page 122 STAT. 4363]]

              TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS

                   Subtitle A--Improvements to Health Benefits

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

                           Subtitle B--Preventive Care

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

                       Subtitle C--Wounded Warrior Matters

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

                            Subtitle D--Other Matters

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

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

                  Subtitle A--Acquisition Policy and Management

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

      Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

    [[Page 122 STAT. 4364]]

    Sec. 815. Preservation of tooling for major defense acquisition
               programs.

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

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

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

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

              Subtitle E--Department of Defense Contractor Matters

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

              Subtitle F--Matters Relating to Iraq and Afghanistan

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

               Subtitle G--Governmentwide Acquisition Improvements

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

                            Subtitle H--Other Matters

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

    [[Page 122 STAT. 4365]]

    Sec. 887.  Report on the implementation of earned value management at
               the Department of Defense.

           TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                  Subtitle A--Department of Defense Management

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

                          Subtitle B--Space Activities

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

                  Subtitle C--Chemical Demilitarization Program

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

                    Subtitle D--Intelligence-Related Matters

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

                            Subtitle E--Other Matters

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

                           TITLE X--GENERAL PROVISIONS

                          Subtitle A--Financial Matters

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

              Subtitle B--Policy Relating to Vessels and Shipyards

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

                       Subtitle C--Counter-Drug Activities

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

    [[Page 122 STAT. 4366]]

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

              Subtitle D--Miscellaneous Authorities and Limitations

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

                         Subtitle E--Studies and Reports

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

                            Subtitle F--Other Matters

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

                      TITLE XI--CIVILIAN PERSONNEL MATTERS

    Sec. 1101. Authority to waive annual limitation on premium pay and
               aggregate limitation on pay for Federal civilian   employees
               working overseas.

    [[Page 122 STAT. 4367]]

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

                 TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                       Subtitle A--Assistance and Training

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

              Subtitle B--Matters Relating to Iraq and Afghanistan

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

                            Subtitle C--Other Matters

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

    [[Page 122 STAT. 4368]]

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

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

                         TITLE XIV--OTHER AUTHORIZATIONS

                          Subtitle A--Military Programs

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

                     Subtitle B--National Defense Stockpile

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

                    Subtitle C--Armed Forces Retirement Home

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

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

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

         TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

                DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                                 TITLE XXI--ARMY

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

                                TITLE XXII--NAVY

    Sec. 2201. Authorized Navy construction and land acquisition projects.

    [[Page 122 STAT. 4369]]

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

                             TITLE XXIII--AIR FORCE

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

                          TITLE XXIV--DEFENSE AGENCIES

                    Subtitle A--Defense Agency Authorizations

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

              Subtitle B--Chemical Demilitarization Authorizations

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

       TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                     PROGRAM

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

                 TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

              TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                           Subtitle A--Authorizations

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

             Subtitle B--Amendments to Base Closure and Related Laws

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

                            Subtitle C--Other Matters

    Sec. 2721. Independent design review of National Naval Medical Center
               and military hospital at Fort Belvoir.

    [[Page 122 STAT. 4370]]

    Sec. 2722. Report on use of BRAC properties as sites for refineries or
               nuclear power plants.

             TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

             Subtitle B--Real Property and Facilities Administration

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

               Subtitle C--Provisions Related to Guam Realignment

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

                           Subtitle D--Energy Security

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

                          Subtitle E--Land Conveyances

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

                            Subtitle F--Other Matters

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

          TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                      Subtitle A--Fiscal Year 2008 Projects

    Sec. 2901. Authorized Army construction and land acquisition projects.

    [[Page 122 STAT. 4371]]

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

                      Subtitle B--Fiscal Year 2009 Projects

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

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

           TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              Subtitle A--National Security Programs Authorizations

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

        Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                               Subtitle C--Reports

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

              TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

    Sec. 3201. Authorization.

                      TITLE XXXIV--NAVAL PETROLEUM RESERVES

    Sec. 3401. Authorization of appropriations.

                       TITLE XXXV--MARITIME ADMINISTRATION

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

    [[Page 122 STAT. 4372]]

    SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE
                        COMMITTEES.

        For purposes of this Act, the term ``congressional defense
    committees'' has the meaning given that term in section 101(a)(16) of
    title 10, United States Code.
    SEC. 4. EXPLANATORY STATEMENT.

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

                              TITLE I--PROCUREMENT

                   Subtitle A--Authorization of Appropriations

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

                            Subtitle B--Army Programs

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

                            Subtitle C--Navy Programs

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

                         Subtitle D--Air Force Programs

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

                   Subtitle E--Joint and Multiservice Matters

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

                   Subtitle A--Authorization of Appropriations

    SEC. 101. ARMY.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for procurement for the Army as follows:

    [[Page 122 STAT. 4373]]

                (1) For aircraft, $4,848,835,000.
                (2) For missiles, $2,207,460,000.
                (3) For weapons and tracked combat vehicles, $3,516,398,000.
                (4) For ammunition, $2,280,791,000.
                (5) For other procurement, $11,143,076,000.
                (6) For the Joint Improvised Explosive Device Defeat Fund,
            $200,000,000.
    SEC. 102. NAVY AND MARINE CORPS.

        (a) Navy.--Funds are hereby authorized to be appropriated for fiscal
    year 2009 for procurement for the Navy as follows:
                (1) For aircraft, $14,557,874,000.
                (2) For weapons, including missiles and torpedoes,
            $3,553,282,000.
                (3) For shipbuilding and conversion, $14,057,022,000.
                (4) For other procurement, $5,463,565,000.

        (b) Marine Corps.--Funds are hereby authorized to be appropriated
    for fiscal year 2009 for procurement for the Marine Corps in the amount
    of $1,486,189,000.
        (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
    to be appropriated for fiscal year 2009 for procurement of ammunition
    for the Navy and the Marine Corps in the amount of $1,110,012,000.
    SEC. 103. AIR FORCE.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for procurement for the Air Force as follows:
                (1) For aircraft, $12,826,858,000.
                (2) For ammunition, $894,478,000.
                (3) For missiles, $5,553,528,000.
                (4) For other procurement, $16,087,887,000.
    SEC. 104. DEFENSE-WIDE ACTIVITIES.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for Defense-wide procurement in the amount of $3,382,628,000.
    SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

                            Subtitle B--Army Programs

    SEC. 111. <<NOTE: 10 USC 221 note.>> SEPARATE PROCUREMENT LINE
                            ITEMS FOR FUTURE COMBAT SYSTEMS PROGRAM.

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

    [[Page 122 STAT. 4374]]

                (2) FCS Unmanned Ground Vehicles.
                (3) FCS Unmanned Aerial Systems.
                (4) FCS Unattended Ground Systems.
                (5) Other FCS elements.
    SEC. 112. CLARIFICATION OF STATUS OF FUTURE COMBAT SYSTEMS PROGRAM
                            LEAD SYSTEM INTEGRATOR.

        Section 802 of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 206; 10 U.S.C. 2410p note) is
    amended by adding at the end the following new subsection:
        ``(e) Status of Future Combat Systems Program Lead System
    Integrator.--
                ``(1) Lead systems integrator.--
            In <<NOTE: Deadline. Certification.>> the case of the Future
            Combat Systems program, the prime contractor of the program
            shall be considered to be a lead systems integrator until 45
            days after the Secretary of the Army certifies in writing to the
            congressional defense committees that such contractor is no
            longer serving as the lead systems integrator.
                ``(2) New contracts.--In applying subsection (a)(1) or
            (a)(2), any modification to the existing contract for the Future
            Combat Systems program, for the purpose of entering into full-
            rate production of major systems or subsystems, shall be
            considered a new contract.''.
    SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL
                            RADIO PENDING REPORT.

        (a) Report Required.--Not later than March 30, 2009, the Assistant
    Secretary of Defense for Networks and Information Integration shall
    submit to the congressional defense committees a report on Army tactical
    radio fielding plans. The report shall include the following:
                (1) A description of the Army tactical radio fielding
            strategy, including a description of the overall combination of
            various tactical radio systems and how they integrate to provide
            communications and network capability.
                (2) A detailed description of the combination of various
            tactical radio systems in use or planned for use for Army
            infantry brigade combat teams, heavy brigade combat teams,
            Stryker brigade combat teams, and Future Combat Systems brigade
            combat teams.
                (3) A description of the combination of various tactical
            radio systems in use or planned for use for Army support
            brigades, headquarters elements, and training units.
                (4) A description of the plan by the Army to integrate joint
            tactical radio systems, including the number of each type of
            joint tactical radio the Army plans to procure.
                (5) An assessment of the total cost of the tactical radio
            fielding strategy of the Army, including procurement of joint
            tactical radio systems.

        (b) Restriction on Obligation of Funds Pending Report.--Of the
    amounts appropriated pursuant to an authorization of appropriations in
    this Act or otherwise made available for fiscal year 2009 for other
    procurement, Army, for tactical radio systems, not more than 75 percent
    may be obligated or expended until 30 days after the report required by
    subsection (a) is received by the congressional defense committees.

    [[Page 122 STAT. 4375]]

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

        (a) Certification Required.--The Under Secretary of Defense for
    Acquisition, Technology, and Logistics shall certify to the
    congressional defense committees that the Armed Reconnaissance
    Helicopter has--
                (1) satisfactorily been certified under section 2433(e)(2)
            of title 10, United States Code;
                (2) been restructured as an acquisition program by the Army;
                (3) satisfactorily completed a Limited User Test; and
                (4) been approved to enter Milestone C.

        (b) Restriction on Obligation of Funds Pending Certification.--
    Of <<NOTE: Deadline.>> the amounts appropriated pursuant to an
    authorization of appropriations in this Act or otherwise made available
    for fiscal year 2009 for aircraft procurement, Army, for the Armed
    Reconnaissance Helicopter, not more than 20 percent may be obligated
    until 30 days after the certification required by subsection (a) is
    received by the congressional defense committees.
    SEC. 115. STRYKER MOBILE GUN SYSTEM.

        (a) Limitation <<NOTE: Certification.>> On Availability Of Funds.--
    None of the amounts authorized to be appropriated by this Act for
    procurement of weapons and tracked combat vehicles for the Army may be
    obligated or expended for purposes of the procurement of the Stryker
    Mobile Gun System until the Under Secretary of Defense for Acquisition,
    Technology, and Logistics submits to the congressional defense
    committees a written certification that the Under Secretary has approved
    a plan for the Army to mitigate all Stryker Mobile Gun System
    deficiencies.

        (b) Reports Required.--Not later than 60 days after the date of the
    enactment of this Act, and every 180 days thereafter until December 31,
    2011, the Secretary of the Army, in consultation with the Director of
    Operational Test and Evaluation, shall submit to the congressional
    defense committees a report on the status of actions by the Army to
    mitigate all Stryker Mobile Gun System deficiencies. Each report shall
    include the following:
                (1) An explanation of the plan by the Army to mitigate all
            Stryker Mobile Gun System deficiencies.
                (2) The cost estimate for implementing each mitigating
            action, and the status of funding for each mitigating action.
                (3) An inventory of the Stryker Mobile Gun System vehicle
            fleet that specifies which mitigating actions have been
            implemented.
                (4) An updated production and fielding schedule for Stryker
            Mobile Gun System vehicles required by the Army but not yet
            fielded as of the date of the report.

        (c) Waiver Authority.--The Secretary of Defense may waive the
    limitation in subsection (a) if the Secretary--
                (1) determines that continued procurement of Stryker Mobile
            Gun System vehicles will provide a vital combat capability to
            the Armed Forces; and
                (2) <<NOTE: Notification.>> submits to the congressional
            defense committees written notification of the waiver and a
            discussion of the reasons for the determination made under
            paragraph (1).

    [[Page 122 STAT. 4376]]

        (d) Stryker Mobile Gun System Deficiencies Defined.--In this
    section, the term ``Stryker Mobile Gun System deficiencies'' means
    deficiencies of the Stryker Mobile Gun System specified in the
    memorandum by the Department of Defense titled ``Stryker Mobile Gun
    System (MGS) Acquisition Decision Memorandum'' and dated August 5, 2008.

                            Subtitle C--Navy Programs

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

        (a) Amount Authorized From SCN Account.--Of the amount appropriated
    pursuant to the authorization of appropriations in section 102 or
    otherwise made available for shipbuilding, conversion, and repair, Navy,
    for fiscal year 2009, $124,500,000 is available for the commencement of
    the nuclear refueling and complex overhaul of the U.S.S. Theodore
    Roosevelt (CVN-71) during fiscal year 2009. The amount made available in
    the preceding sentence is the first increment in the three-year funding
    planned for the nuclear refueling and complex overhaul of that vessel.
        (b) Contract Authority.--The Secretary of the Navy is authorized to
    enter into a contract during fiscal year 2009 for the nuclear refueling
    and overhaul of the U.S.S. Theodore Roosevelt (CVN-71).
        (c) Condition for Out-Year Contract Payments.--A contract entered
    into under subsection (b) shall provide that any obligation of the
    United States to make a payment under the contract for a fiscal year
    after fiscal year 2009 is subject to the availability of appropriations
    for that purpose for that later fiscal year.
    SEC. 122. LITTORAL COMBAT SHIP (LCS) PROGRAM.

        Section 124 of the National Defense Authorization Act for fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3157), as amended by section
    125 of the National Defense Authorization Act for Fiscal Year 2008
    (Public Law 110-181; 122 Stat. 29), is further amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by striking ``post-2007 LCS
                    vessels'' and inserting ``post-2009 LCS vessels''; and
                        (B) in paragraph (3)--
                              (i) in the paragraph heading, by striking
                          ``Post-2007 lcs vessels'' and inserting ``Post-
                          2009 lcs vessels''; and
                              (ii) by striking `` `post-2007 LCS vessel' ''
                          and inserting `` `post-2009 LCS vessel' '';
                (2) in subsection (b), by striking ``post-2007 LCS vessels''
            and inserting ``post-2009 LCS vessels''; and
                (3) in subsection (c), by striking ``post-2007 LCS vessels''
            and inserting ``post-2009 LCS vessels''.
    SEC. 123. REPORT ON F/A-18 PROCUREMENT COSTS, COMPARING MULTIYEAR
                            TO ANNUAL.

        (a) In General.--Not later than March 1, 2009, the Secretary of
    Defense shall submit to the congressional defense committees a report on
    F/A-18 procurement. The report shall include the following:
                (1) The number of F/A-18E/F and EA-18G aircraft programmed
            for procurement for fiscal years 2010 through 2015.

    [[Page 122 STAT. 4377]]

                (2) The estimated procurement costs for those aircraft, if
            procured through annual procurement contracts.
                (3) The estimated procurement costs for those aircraft, if
            procured through a multiyear procurement contract.
                (4) The estimated savings that could be derived from the
            procurement of those aircraft through a multiyear procurement
            contract, and whether the Secretary considers the amount of
            those savings to be substantial.
                (5) A discussion comparing the costs and benefits of
            obtaining those aircraft through annual procurement contracts
            with the costs and benefits of obtaining those aircraft through
            a multiyear procurement contract.
                (6) The recommendations of the Secretary regarding whether
            Congress should authorize a multiyear procurement contract for
            those aircraft.

        (b) Certifications Required.--If the Secretary recommends under
    subsection (a)(6) that Congress authorize a multiyear procurement
    contract for the aircraft, the Secretary shall include in the report
    under subsection (a) the certifications required by section 2306b of
    title 10, United States Code, to enable the award of a multiyear
    contract beginning with fiscal year 2010.
    SEC. 124. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION OF
                            COMPONENTS FOR THE VIRGINIA-CLASS
                            SUBMARINE PROGRAM.

        Section 121 of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 26) is amended--
                (1) by redesignating subsection (b) as subsection (c); and
                (2) by inserting after subsection (a) the following new
            subsection (b):

        ``(b) Advance Procurement and Construction of Components.--The
    Secretary may enter into one or more contracts for advance procurement
    and advance construction of those components for the Virginia-class
    submarine program for which authorization to enter into a multiyear
    procurement contract is granted under subsection (a) if the Secretary
    determines that cost savings or construction efficiencies may be
    achieved for Virginia-class submarines through the use of such
    contracts.''.

                         Subtitle D--Air Force Programs

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

        Section 135(b) of the John Warner National Defense Authorization Act
    for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is amended by
    striking ``each KC-135E aircraft that is retired'' and inserting ``at
    least 74 of the KC-135E aircraft retired''.
    SEC. 132. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR PROCUREMENT
                            OF TANKER AIRCRAFT.

        Section 135 of the National Defense Authorization Act for Fiscal
    Year 2004 (10 U.S.C. 2401a note) is repealed.
    SEC. 133. REPORTS ON KC-(X) TANKER AIRCRAFT REQUIREMENTS.

        (a) Report Required.--Not later than March 1, 2009, the Secretary of
    Defense shall submit to the congressional defense committees a report
    regarding the competition for the KC-(X) tanker

    [[Page 122 STAT. 4378]]

    aircraft that was terminated on September 10, 2008. The report shall
    include the following:
                (1) An examination of original requirements for the KC-(X)
            tanker aircraft, including an explanation for the use of the KC-
            135R tanker aircraft as the baseline for the KC-(X) tanker
            aircraft.
                (2) A summary of commercial derivative or commercial off-
            the-shelf aircraft available as potential aerial refueling
            platforms using aerial refueling capabilities (such as range,
            offload at range, and passenger and cargo capacity) in each of
            the following ranges:
                        (A) Maximum gross take-off weight that is less than
                    300,000 pounds.
                        (B) Maximum gross take-off weight in the range from
                    301,000 pounds maximum gross take-off weight to 550,000
                    pound maximum gross take-off weight.
                        (C) Maximum gross take-off weight in the range from
                    551,000 pounds maximum gross take-off weight to
                    1,000,000 pound maximum gross take-off weight.
                        (D) Maximum gross take-off weight that is greater
                    than 1,000,000 pounds.

        (b) Reassessment Required.--The Secretary of Defense shall reassess
    the requirements for aerial refueling that were validated by the Joint
    Requirements Oversight Council on December 27, 2006. Not later than 30
    days after the reassessment, the Secretary shall submit to the
    congressional defense committees a report containing the complete
    results of the reassessment.
    SEC. 134. F-22A FIGHTER AIRCRAFT.

        (a) Availability of Funds.--Subject to subsection (b), of the amount
    authorized to be appropriated for procurement of aircraft for the Air
    Force, $523,000,000 shall be available for advance procurement of F-22A
    fighter aircraft.
        (b) Restriction on Obligation of Funds Pending Certification.--
    Of <<NOTE: Deadline.>> the amounts appropriated pursuant to an
    authorization of appropriations in this Act or otherwise made available
    for fiscal year 2009 for advance procurement, Air Force, for the F-22A,
    not more than $140,000,000 may be obligated until 15 days after the
    certification required by subsection (c) is received by the
    congressional defense committees.

        (c) Certification.--
                (1) In general.--Of the amount referred to in subsection
            (a), $383,000,000 shall not be available until the President
            certifies to the congressional defense committees that--
                        (A) the procurement of F-22A fighter aircraft is in
                    the national interest of the United States; or
                        (B) the termination of the production line for F-22A
                    fighter aircraft is in the national interest of the
                    United States.
                (2) Date of submittal.--Any certification submitted under
            this subsection may not be submitted before January 21, 2009,
            and must be submitted not later than March 1, 2009.

    [[Page 122 STAT. 4379]]

                   Subtitle E--Joint and Multiservice Matters

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

        (a) In General.--Chapter 9 of title 10, United States Code, is
    amended by inserting after section 231 the following new section:
    ``Sec. 231a. Budgeting for procurement of aircraft for the Navy
                      and Air Force: annual plan and certification

        ``(a) Annual Aircraft Procurement Plan and Certification.--The
    Secretary of Defense shall include with the defense budget materials for
    each fiscal year--
                ``(1) a plan for the procurement of the aircraft specified
            in subsection (b) for the Department of the Navy and the
            Department of the Air Force developed in accordance with this
            section; and
                ``(2) a certification by the Secretary that both the budget
            for such fiscal year and the future-years defense program
            submitted to Congress in relation to such budget under section
            221 of this title provide for funding of the procurement of
            aircraft at a level that is sufficient for the procurement of
            the aircraft provided for in the plan under paragraph (1) on the
            schedule provided in the plan.

        ``(b) Covered Aircraft.--The aircraft specified in this subsection
    are the aircraft as follows:
                ``(1) Fighter aircraft.
                ``(2) Attack aircraft.
                ``(3) Bomber aircraft.
                ``(4) Strategic lift aircraft.
                ``(5) Intratheater lift aircraft.
                ``(6) Intelligence, surveillance, and reconnaissance
            aircraft.
                ``(7) Tanker aircraft.
                ``(8) Any other major support aircraft designated by the
            Secretary of Defense for purposes of this section.

        ``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft
    procurement plan developed for a fiscal year for purposes of subsection
    (a)(1) should be designed so that the aviation force provided for under
    the plan is capable of supporting the national security strategy of the
    United States as set forth in the most recent national security strategy
    report of the President under section 108 of the National Security Act
    of 1947 (50 U.S.C. 404a), except that, if at the time the plan is
    submitted with the defense budget materials for that fiscal year, a
    national security strategy report required under such section 108 has
    not been submitted to Congress as required by paragraph (2) or paragraph
    (3), if applicable, of subsection (a) of such section, then the plan
    should be designed so that the aviation force provided for under the
    plan is capable of supporting the aviation force structure recommended
    in the report of the most recent Quadrennial Defense Review.
        ``(2) Each annual aircraft procurement plan shall include the
    following:
                ``(A) A detailed program for the procurement of the aircraft
            specified in subsection (b) for each of the Department of the
            Navy and the Department of the Air Force over the next 30 fiscal
            years.

    [[Page 122 STAT. 4380]]

                ``(B) A description of the necessary aviation force
            structure to meet the requirements of the national security
            strategy of the United States or the most recent Quadrennial
            Defense Review, whichever is applicable under paragraph (1).
                ``(C) The estimated levels of annual funding necessary to
            carry out the program, together with a discussion of the
            procurement strategies on which such estimated levels of annual
            funding are based.
                ``(D) An assessment by the Secretary of Defense of the
            extent to which the combined aircraft forces of the Department
            of the Navy and the Department of the Air Force meet the
            national security requirements of the United States.

        ``(d) Assessment When Aircraft Procurement Budget Is Insufficient To
    Meet Applicable Requirements.--If the budget for a fiscal year provides
    for funding of the procurement of aircraft for either the Department of
    the Navy or the Department of the Air Force at a level that is not
    sufficient to sustain the aviation force structure specified in the
    aircraft procurement plan for such Department for that fiscal year under
    subsection (a), the Secretary shall include with the defense budget
    materials for that fiscal year an assessment that describes and
    discusses the risks associated with the reduced force structure of
    aircraft that will result from funding aircraft procurement at such
    level. Such assessment shall be coordinated in advance with the
    commanders of the combatant commands.
        ``(e) Definitions.--In this section:
                ``(1) The term `budget', with respect to a fiscal year,
            means the budget for that fiscal year that is submitted to
            Congress by the President under section 1105(a) of title 31.
                ``(2) The term `defense budget materials', with respect to a
            fiscal year, means the materials submitted to Congress by the
            Secretary of Defense in support of the budget for that fiscal
            year.
                ``(3) The term `Quadrennial Defense Review' means the review
            of the defense programs and policies of the United States that
            is carried out every 4 years under section 118 of this title.''.

        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 9 of such title is amended by inserting after the item relating
    to section 231 the following new item:

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

    SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.

        Not later than 120 days after the date of the enactment of this Act,
    the Secretary of Defense shall submit to the congressional defense
    committees a report that provides--
                (1) a survey and assessment of the capabilities, capacities,
            and risks of the domestic industrial base of the United States,
            including critical subcontractor suppliers, in meeting the
            requirements of the military departments for body armor during
            the 20 years following the date of the report;
                (2) an assessment of the long-term maintenance requirements
            of the body armor industrial base in the United States;
                (3) an assessment of body armor and related research,
            development, and acquisition objectives, priorities, and funding
            profiles for--

    [[Page 122 STAT. 4381]]

                        (A) advances in the level of protection;
                        (B) weight reduction; and
                        (C) manufacturing productivity;
                (4) an assessment of the feasibility and advisability of
            establishing a separate, dedicated procurement line item for the
            acquisition of body armor and associated components for fiscal
            year 2011 and for each fiscal year thereafter;
                (5) an assessment of the feasibility and advisability of
            establishing an executive agent for the acquisition of body
            armor and associated components for the military departments
            beginning in fiscal year 2011; and
                (6) an assessment of existing initiatives used by the
            military departments to manage or execute body armor programs,
            including the Cross-Service Warfighter Equipment Board, the
            Joint Clothing and Textiles Governance Board, and advanced
            planning briefings for industry.
    SEC. 143. <<NOTE: 10 USC 2304 note.>> SMALL ARMS ACQUISITION
                            STRATEGY AND REQUIREMENTS REVIEW.

        (a) Secretary of Defense Report.--Not later than 120 days after the
    date of the enactment of this Act, the Secretary of Defense shall submit
    to the congressional defense committees a report on the small arms
    requirements of the Armed Forces and the industrial base of the United
    States. The report shall include the following:
                (1) An assessment of Department of Defense-wide small arms
            requirements in terms of capabilities and quantities, based on
            an analysis of the small arms capability assessments of each
            military department.
                (2) An assessment of plans for small arms research,
            development, and acquisition programs to meet the requirements
            identified under paragraph (1).
                (3) An assessment of capabilities, capacities, and risks in
            the small arms industrial base of the United States to meet the
            requirements of the Department of Defense for pistols, carbines,
            rifles, and light, medium, and heavy machine guns during the 20
            years following the date of the report.
                (4) An assessment of the costs, benefits, and risks of full
            and open competition for the procurement of non-developmental
            pistols and carbines that are not technically compatible with
            the M9 pistol or M4 carbine to meet the requirements identified
            under paragraph (1).

        (b) Competition for a New Individual Weapon.--
                (1) Competition required.--If the small arms capabilities
            based assessments by the Army identifies gaps in small arms
            capabilities and the Secretary of the Army determines that a new
            individual weapon is required to address such gaps, the
            Secretary shall procure the new individual weapon using full and
            open competition as described in paragraph (2).
                (2) Full and open competition.--The full and open
            competition described in this paragraph is competition among all
            responsible manufacturers that--
                        (A) is open to all developmental item solutions and
                    non-developmental item solutions; and
                        (B) provides for the award of a contract based on
                    selection criteria that reflect the key performance
                    parameters and attributes identified in a service
                    requirements document approved by the Army.

    [[Page 122 STAT. 4382]]

        (c) Small Arms Defined.--In this section, the term ``small arms''--
                (1) means man-portable or vehicle-mounted light weapons,
            designed primarily for use by individual military personnel for
            anti-personnel use; and
                (2) includes pistols, carbines, rifles, and light, medium,
            and heavy machine guns.
    SEC. 144. <<NOTE: 10 USC 113 note.>> REQUIREMENT FOR COMMON GROUND
                            STATIONS AND PAYLOADS FOR MANNED AND
                            UNMANNED AERIAL VEHICLE SYSTEMS.

        (a) Policy and Acquisition Strategy Required.--The Secretary of
    Defense, in consultation with the Chairman of the Joint Chiefs of Staff,
    shall establish a policy and an acquisition strategy for intelligence,
    surveillance, and reconnaissance payloads and ground stations for manned
    and unmanned aerial vehicle systems. The policy and acquisition strategy
    shall be applicable throughout the Department of Defense and shall
    achieve integrated research, development, test, and evaluation, and
    procurement commonality.
        (b) Objectives.--The policy and acquisition strategy required by
    subsection (a) shall have the following objectives:
                (1) Procurement of common payloads by vehicle class,
            including--
                        (A) signals intelligence;
                        (B) electro optical;
                        (C) synthetic aperture radar;
                        (D) ground moving target indicator;
                        (E) conventional explosive detection;
                        (F) foliage penetrating radar;
                        (G) laser designator;
                        (H) chemical, biological, radiological, nuclear,
                    explosive detection; and
                        (I) national airspace operations avionics or
                    sensors, or both.
                (2) Commonality of ground system architecture by vehicle
            class.
                (3) Common management of vehicle and payloads procurement.
                (4) Ground station interoperability standardization.
                (5) Maximum use of commercial standard hardware and
            interfaces.
                (6) Open architecture software.
                (7) Acquisition of technical data rights in accordance with
            section 2320 of title 10, United States Code.
                (8) Acquisition of vehicles, payloads, and ground stations
            through competitive procurement.
                (9) Common standards for exchange of data and metadata.

        (c) Affected Systems.--For the purposes of this section, the
    Secretary shall establish manned and unmanned aerial vehicle classes for
    all intelligence, surveillance, and reconnaissance programs of record
    based on factors such as vehicle weight, payload capacity, and mission.
        (d) Report.--Not later than 120 days after the date of the enactment
    of this Act, the Secretary shall submit to the congressional defense
    committees, the Permanent Select Committee on Intelligence of the House
    of Representatives, and the Select Committee on Intelligence of the
    Senate a report containing--

    [[Page 122 STAT. 4383]]

                (1) the policy required by subsection (a); and
                (2) the acquisition strategy required by subsection (a).
    SEC. 145. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE
                            NAVY.

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

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

                   Subtitle A--Authorization of Appropriations

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

         Subtitle B--Program Requirements, Restrictions, and Limitations

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

                      Subtitle C--Missile Defense Programs

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

                               Subtitle D--Reports

    Sec. 241. Biennial reports on joint and service concept development and
               experimentation.
    Sec. 242. Report on participation of the historically black colleges and
               universities and minority-serving institutions in research
               and educational programs and activities of the Department of
               Defense.

    [[Page 122 STAT. 4384]]

    Sec. 243. Report on Department of Defense response to findings and
               recommendations of the Defense Science Board Task Force on
               Directed Energy Weapons.

                            Subtitle E--Other Matters

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

                   Subtitle A--Authorization of Appropriations

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for the use of the Department of Defense for research, development,
    test, and evaluation as follows:
                (1) For the Army, $10,943,840,000.
                (2) For the Navy, $19,345,603,000.
                (3) For the Air Force, $26,289,508,000.
                (4) For Defense-wide activities, $21,131,501,000, of which
            $188,772,000 is authorized for the Director of Operational Test
            and Evaluation.
    SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

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

         Subtitle B--Program Requirements, Restrictions, and Limitations

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

        Section 214(b) of the John Warner National Defense Authorization Act
    for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2123) is amended by
    striking paragraphs (4) through (6) and inserting the following new
    paragraphs:
                ``(4) Whether actual demonstrations, rather than
            simulations, have shown that the software for the program is on
            a path to achieve threshold requirements on cost and schedule.

    [[Page 122 STAT. 4385]]

                ``(5) Whether the program's planned major communications
            network demonstrations are sufficiently complex and realistic to
            inform major program decision points.
                ``(6) The extent to which Future Combat Systems manned
            ground vehicle survivability is likely to be reduced in a
            degraded Future Combat Systems communications network
            environment.
                ``(7) The level of network degradation at which Future
            Combat Systems manned ground vehicle crew survivability is
            significantly reduced.
                ``(8) The extent to which the Future Combat Systems
            communications network is capable of withstanding network
            attack, jamming, or other interference.
                ``(9) What the cost estimate for the program is, including
            all spin outs, and an assessment of the confidence level for
            that estimate.
                ``(10) What the affordability assessment for the program is,
            given projected Army budgets, based on the cost estimate
            referred to in paragraph (9).''.
    SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMUNICATIONS NETWORK
                            AND SOFTWARE.

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

    [[Page 122 STAT. 4386]]

            Radio System programs in relation to the Future Combat Systems
            program, including any planned Future Combat Systems spin outs.

        (b) Form.--The report required by subsection (a) shall be submitted
    in unclassified form, but may include a classified annex.
    SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VEHICLE SELECTED
                            ACQUISITION REPORTS.

        (a) Report Required.--Not later than February 15 of each of the
    years 2009 through 2015, the Secretary of the Army shall submit a
    Selected Acquisition Report under section 2432 of title 10, United
    States Code, to Congress for each Future Combat Systems manned ground
    vehicle variant.
        (b) Required Elements.--Each report required by subsection (a) shall
    include the same information required in comprehensive annual Selected
    Acquisition Reports under section 2432(c) of title 10, United States
    Code.
        (c) Definition.--In this section, the term ``manned ground vehicle
    variant'' means--
                (1) the eight distinct variants of manned ground vehicles
            designated on pages seven and eight of the Future Combat Systems
            Selected Acquisition Report of the Department of Defense dated
            December 31, 2007; and
                (2) any additional manned ground vehicle variants designated
            in Future Combat Systems Acquisition Reports of the Department
            of Defense after the date of the enactment of this Act.
    SEC. 214. SEPARATE <<NOTE: 10 USC 221 note.>> PROCUREMENT AND
                            RESEARCH, DEVELOPMENT, TEST, AND
                            EVALUATION LINE ITEMS AND PROGRAM ELEMENTS
                            FOR SKY WARRIOR UNMANNED AERIAL SYSTEMS
                            PROJECT.

        Effective <<NOTE: Effective dates.>> for fiscal year 2010 and for
    each fiscal year thereafter, the Secretary of Defense shall ensure that,
    in the annual budget submission of the Department of Defense to the
    President, within both the account for procurement and the account for
    research, development, test, and evaluation, a separate, dedicated line
    item and program element is designated for the Sky Warrior Unmanned
    Aerial Systems project, to the extent such accounts include funding for
    such project.
    SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR THE WARFIGHTER
                            INFORMATION NETWORK-TACTICAL PROGRAM.

        (a) Notification Required.--Not <<NOTE: Deadline.>> later than five
    days after the completion of all actions described in subsection (b),
    the Under Secretary of Defense for Acquisition, Technology, and
    Logistics shall submit to the congressional defense committees notice in
    writing of such completion.

        (b) Covered Actions.--An action described in this subsection is any
    of the following:
                (1) Approval by the Under Secretary of a new acquisition
            program baseline for the Warfighter Information Network-Tactical
            Increment 3 program (in this section referred to as the ``WIN-T
            Increment 3 program'').
                (2) Completion of the independent cost estimate for the WIN-
            T Increment 3 program by the Cost Analysis Improvement

    [[Page 122 STAT. 4387]]

            Group, as required by the June 5, 2007, recertification by the
            Under Secretary.
                (3) Completion of the technology readiness assessment of the
            WIN-T Increment 3 program by the Director, Defense Research and
            Engineering, as required by the June 5, 2007, recertification by
            the Under Secretary.

        (c) Restriction on Obligation of Funds Pending Notification.--Of the
    amounts appropriated pursuant to an authorization of appropriations in
    this Act or otherwise made available for research, development, test,
    and evaluation, Army, for fiscal year 2009 for the WIN-T Increment 3
    program, not more than 50 percent of those amounts may be obligated or
    expended until 15 days after the date on which the notification required
    by subsection (a) is received by the congressional defense committees.
    SEC. 216. LIMITATION <<NOTE: 10 USC 2241 note.>> ON SOURCE OF
                            FUNDS FOR CERTAIN JOINT CARGO AIRCRAFT
                            EXPENDITURES.

        (a) Limitation.--Of the amounts appropriated pursuant to an
    authorization of appropriations in this Act or otherwise made available
    for fiscal year 2009 or any fiscal year thereafter for the Army or the
    Air Force, the Secretary of the Army and the Secretary of the Air Force
    may fund relevant expenditures for the Joint Cargo Aircraft only through
    amounts made available for procurement or for research, development,
    test, and evaluation.
        (b) Relevant Expenditures for the Joint Cargo Aircraft Defined.--In
    this section, the term ``relevant expenditures for the Joint Cargo
    Aircraft'' means expenditures relating to--
                (1) support equipment;
                (2) initial spares;
                (3) training simulators;
                (4) systems engineering and management; and
                (5) post-production modifications.
    SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED
                            SYSTEMS.

        (a) In General.--The Secretary of Defense, in consultation with the
    Director of National Intelligence, shall develop a comprehensive plan to
    conduct and support research, development, and demonstration of
    technologies that could evolve into the next generation of overhead
    nonimaging infrared systems.
        (b) Elements.--The plan required by subsection (a) shall include the
    following:
                (1) The research objectives to be achieved under the plan.
                (2) A description of the research, development, and
            demonstration activities under the plan.
                (3) An estimate of the duration of the research,
            development, and demonstration of technologies under the plan.
                (4) The cost and duration of any flight or on-orbit
            demonstrations of the technologies being developed.
                (5) A plan for implementing any acquisition programs with
            respect to technologies determined to be successful under the
            plan.
                (6) An identification of the date by which a decision must
            be made to begin any follow-on programs and a justification for
            the date identified.
                (7) A schedule for completion of a full analysis of the on-
            orbit performance characteristics of the Space-Based Infrared
            System and the Space Tracking and Surveillance

    [[Page 122 STAT. 4388]]

            System, and an assessment of how the performance characteristics
            of such systems will inform the decision to proceed to a next
            generation overhead nonimaging infrared system.

        (c) Limitation on Obligation and Expenditure of Funds for Third
    Generation Infrared <<NOTE: Deadline.>> Surveillance Program.--Not more
    than 50 percent of the amounts authorized to be appropriated for fiscal
    year 2009 by section 201(3) for research, development, test, and
    evaluation for the Air Force and available for the Third Generation
    Infrared Surveillance program may be obligated or expended until the
    date that is 30 days after the date on which the Secretary submits to
    Congress the plan required by subsection (a).
    SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND MANUFACTURING.

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

        (c) Coordination.--
                (1) In general.--The roadmap required by subsection (a)
            shall be developed in coordination with the military
            departments, appropriate Defense Agencies and other elements and
            organizations of the Department of Defense, other appropriate
            Federal, State, and local government organizations, and
            appropriate representatives of private industry and academia.
                (2) Department of defense support.--The Secretary of Defense
            shall ensure that appropriate elements and organizations of the
            Department of Defense provide such information and other support
            as is required for the development of the roadmap.

    [[Page 122 STAT. 4389]]

        (d) Submittal to Congress.--The Secretary of Defense shall submit to
    the congressional defense committees the roadmap required by subsection
    (a) not later than one year after the date of the enactment of this Act.
        (e) Advanced Energy Storage Technology Initiative Investment
    Summary.--Not <<NOTE: Deadline. Reports.>> later than 6 months after the
    date of enactment of this Act, the Secretary of Defense shall submit to
    the congressional defense committees a report on the expenditures for
    energy storage technologies within the Department of Defense, Defense
    Agencies, and military departments, for fiscal years 2008 and 2009 and
    the projected expenditures for such technologies for fiscal year 2010.
    SEC. 219. <<NOTE: 10 USC 2358 note.>> MECHANISMS TO PROVIDE FUNDS
                            FOR DEFENSE LABORATORIES FOR RESEARCH AND
                            DEVELOPMENT OF TECHNOLOGIES FOR MILITARY
                            MISSIONS.

        (a) Mechanisms to Provide Funds.--
                (1) In general.--The Secretary of Defense, in consultation
            with the Secretaries of the military departments, shall
            establish mechanisms under which the director of a defense
            laboratory may use an amount of funds equal to not more than
            three percent of all funds available to the defense laboratory
            for the following purposes:
                        (A) To fund innovative basic and applied research
                    that is conducted at the defense laboratory and supports
                    military missions.
                        (B) To fund development programs that support the
                    transition of technologies developed by the defense
                    laboratory into operational use.
                        (C) To fund workforce development activities that
                    improve the capacity of the defense laboratory to
                    recruit and retain personnel with needed scientific and
                    engineering expertise.
                (2) Consultation required.--The mechanisms established under
            paragraph (1) shall provide that funding shall be used under
            paragraph (1) at the discretion of the director of a defense
            laboratory in consultation with the science and technology
            executive of the military department concerned.

        (b) Annual Report on Use of Authority.--
                (1) In general.--Not later than March 1 of each year, the
            Secretary of Defense shall submit to the congressional defense
            committees a report on the use of the authority under subsection
            (a) during the preceding year.
                (2) Elements.--Each report under paragraph (1) shall
            include, with respect to the year covered by such report, the
            following:
                        (A) A description of the mechanisms used to provide
                    funding under subsection (a)(1).
                        (B) A statement of the amount of funding made
                    available to each defense laboratory for research
                    described under such subsection.
                        (C) A description of the investments made by each
                    defense laboratory using funds under such subsection.
                        (D) A description and assessment of any improvements
                    in the performance of the defense laboratories as a
                    result of investments under such subsection.

    [[Page 122 STAT. 4390]]

                        (E) A description and assessment of the
                    contributions to the development of needed military
                    capabilities provided by research using funds under such
                    subsection.
                        (F) A description of any modification to the
                    mechanisms under subsection (a) that would improve the
                    efficacy of the authority under such subsection to
                    support military missions.

        (c) Sunset.--The authority under subsection (a) shall expire on
    October 1, 2013.
    SEC. 220. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE
                            COLLECTION SYSTEMS.

        (a) In General.--Except <<NOTE: Effective date.>> as provided
    pursuant to subsection (b), effective as of October 1, 2012, each
    airborne intelligence collection system of the Department of Defense
    that is connected to the Distributed Common Ground/Surface System shall
    have the capability to operate with the Network-Centric Collaborative
    Targeting System.

        (b) Exceptions.--The requirement in subsection (a) with respect to a
    particular airborne intelligence collection system may be waived by the
    Chairman of the Joint Requirements Oversight Council under section 181
    of title 10, United States Code. Waivers under this subsection shall be
    made on a case-by-case basis.
    SEC. 221. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED AN/TPQ-36
                            RADAR SYSTEM PENDING SUBMISSION OF REPORT.

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

                      Subtitle C--Missile Defense Programs

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

        (a) Annual Characterization.--Section 232(h) of the National Defense
    Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is
    amended--
                (1) by redesignating paragraph (2) as paragraph (3);
                (2) by inserting after paragraph (1) the following new
            paragraph (2):

        ``(2) The Director of Operational Test and Evaluation shall also
    each year characterize the operational effectiveness, suitability, and
    survivability of the ballistic missile defense system, and its elements,
    that have been fielded or tested before the end of the preceding fiscal
    year.''; and
                (3) in paragraph (3), as redesignated by paragraph (1) of
            this subsection, by inserting ``and the characterization under
            paragraph (2)'' after ``the assessment under paragraph (1)''.

    [[Page 122 STAT. 4391]]

        (b) Conforming Amendment.--The heading of such section is amended to
    read as follows: ``Annual OT&E Assessment and Characterization of
    Certain Ballistic Missile Defense Matters.--''.
        (c) Effective Date.--The <<NOTE: 10 USC 2431 note.>> amendments made
    by this section shall take effect on October 1, 2008, and shall apply
    with respect to fiscal years beginning on or after that date.
    SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE.

        (a) Study.--Not <<NOTE: Deadline. Contracts.>> later than 90 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall enter into an agreement with the National Academy of Sciences to
    conduct an independent study of concepts and systems for boost-phase
    missile defense.

        (b) Elements.--
                (1) Content.--The study required by subsection (a) shall
            address the following:
                        (A) The extent to which boost-phase missile defense
                    is technically feasible and practical.
                        (B) Whether any demonstration efforts by the
                    Department of Defense of boost-phase missile defense
                    technology existing as of the date of the study
                    (including the Airborne Laser and the Kinetic Energy
                    Interceptor) have a high probability of performing a
                    boost-phase missile defense mission in an operationally
                    effective, suitable, and survivable manner.
                (2) Systems to be examined.--The study required by
            subsection (a) shall examine each of the following systems:
                        (A) The Airborne Laser.
                        (B) The Kinetic Energy Interceptor (land-based and
                    sea-based options).
                        (C) Other existing boost-phase technology
                    demonstration programs.
                (3) Factors to be evaluated.--The study shall evaluate each
            system identified in paragraph (2) based on the following
            factors:
                        (A) Technical capability of the system against
                    scenarios identified in paragraph (4).
                        (B) Operational issues, including operational
                    effectiveness.
                        (C) The results of key milestone tests conducted
                    prior to preparation of the report under subsection (c).
                        (D) Survivability.
                        (E) Suitability.
                        (F) Concept of operations, including basing
                    considerations.
                        (G) Operations and maintenance support.
                        (H) Command and control considerations, including
                    timelines for detection, decision-making, and
                    engagement.
                        (I) Shortfall from intercepts.
                        (J) Force structure requirements.
                        (K) Effectiveness against countermeasures.
                        (L) Estimated cost of sustaining the system in the
                    field.
                        (M) Reliability, availability, and maintainability.

    [[Page 122 STAT. 4392]]

                        (N) Geographic considerations, including limitations
                    on the ability to deploy systems within operational
                    range of potential targets.
                        (O) Cost and cost-effectiveness, including total
                    lifecycle cost estimates.
                (4) Scenarios to be assessed.--The study shall include an
            assessment of each system identified in paragraph (2) regarding
            the performance and operational capabilities of the system--
                        (A) to counter short-range, medium-range, and
                    intermediate-range ballistic missile threats from rogue
                    states to the deployed forces of the United States and
                    its allies; and
                        (B) to defend the territory of the United States
                    against limited ballistic missile attack.
                (5) Comparison with non-boost systems.--The study shall
            include an assessment of the performance and operational
            capabilities of non-boost missile defense systems to counter the
            scenarios identified in paragraph (4). The results under this
            paragraph shall be compared to the results under paragraph (4).
            For purposes of this paragraph, non-boost missile defense
            systems include--
                        (A) the Patriot PAC-3 system and the Medium Extended
                    Air Defense System follow-on system;
                        (B) the Aegis Ballistic Missile Defense system, with
                    all variants of the Standard Missile-3 interceptor;
                        (C) the Terminal High Altitude Area Defense system;
                    and
                        (D) the Ground-based Midcourse Defense system.

        (c) Report.--
                (1) In general.--Upon the completion of the study required
            by subsection (a), but not later than October 31, 2010, the
            National Academy of Sciences shall submit to the Secretary of
            Defense and the congressional defense committees a report on the
            study. The report shall include such recommendations regarding
            the future direction of the boost-phase ballistic missile
            defense programs of the United States as the Academy considers
            appropriate.
                (2) Form.--The report under paragraph (1) shall be submitted
            to the congressional defense committees in unclassified form,
            but may include a classified annex.

        (d) Funding.--Of the funds appropriated pursuant to the
    authorization of appropriations in section 201(4) for research,
    development, test, and evaluation, Defense-wide, and available for the
    Missile Defense Agency, $3,500,000 may be available to conduct the study
    required by subsection (a).
        (e) Cooperation From Government.--In carrying out the study, the
    National Academy of Sciences shall receive the full and timely
    cooperation of the Secretary of Defense and any other Federal Government
    official in providing the Academy with analyses, briefings, and other
    information necessary for the fulfillment of its responsibilities.

    [[Page 122 STAT. 4393]]

    SEC. 233. <<NOTE: 10 USC 2431 note.>> LIMITATION ON AVAILABILITY
                            OF FUNDS FOR PROCUREMENT, CONSTRUCTION,
                            AND DEPLOYMENT OF MISSILE DEFENSES IN
                            EUROPE.

        (a) General Limitation.--No funds authorized to be appropriated by
    this Act or otherwise made available for the Department of Defense for
    fiscal year 2009 or any fiscal year thereafter may be obligated or
    expended for procurement, site activation, construction, preparation of
    equipment for, or deployment of a long-range missile defense system in
    Europe until the following conditions have been met:
                (1) In the case of the proposed midcourse radar element of
            such missile defense system, the host nation has signed and
            ratified the missile defense basing agreement and status of
            forces agreement that allow for the stationing in such nation of
            the radar and personnel to carry out the proposed deployment.
                (2) In the case of the proposed long-range missile defense
            interceptor site element of such missile defense system--
                        (A) the condition in paragraph (1) has been met; and
                        (B) the host nation has signed and ratified the
                    missile defense basing agreement and status of forces
                    agreement that allow for the stationing in such nation
                    of the interceptor site and personnel to carry out the
                    proposed deployment.
                (3) In the case of either element of such missile defense
            system described in paragraph (1) or (2), 45 days have elapsed
            following the receipt by the congressional defense committees of
            the report required by section 226(c)(6) of the National Defense
            Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
            Stat. 42).

        (b) Additional <<NOTE: Reports. Certification.>> Limitation.--In
    addition to the limitation in subsection (a), no funds authorized to be
    appropriated by this Act or otherwise made available for the Department
    of Defense for fiscal year 2009 may be obligated or expended for the
    acquisition (other than initial long-lead procurement) or deployment of
    operational missiles of a long-range missile defense system in Europe
    until the Secretary of Defense, after receiving the views of the
    Director of Operational Test and Evaluation, submits to the
    congressional defense committees a report certifying that the proposed
    interceptor to be deployed as part of such missile defense system has
    demonstrated, through successful, operationally realistic flight
    testing, a high probability of working in an operationally effective
    manner and the ability to accomplish the mission.

        (c) Construction.--Nothing in this section shall be construed to
    limit continuing obligation and expenditure of funds for missile
    defense, including for research and development and for other activities
    not otherwise limited by subsection (a) or (b), including, but not
    limited to, site surveys, studies, analysis, and planning and design for
    the proposed missile defense deployment in Europe.
    SEC. 234. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND
                            STRATEGY OF THE UNITED STATES.

        (a) Review Required.--The Secretary of Defense shall conduct a
    review of the ballistic missile defense policy and strategy of the
    United States.
        (b) Elements.--The matters addressed by the review required by
    subsection (a) shall include the following:

    [[Page 122 STAT. 4394]]

                (1) The ballistic missile defense policy of the United
            States in relation to the overall national security policy of
            the United States.
                (2) The ballistic missile defense strategy and objectives of
            the United States in relation to the national security strategy
            of the United States and the military strategy of the United
            States.
                (3) The ballistic missile threat to the United States,
            deployed forces of the United States, and friends and allies of
            the United States from short, medium, intermediate, and long-
            range ballistic missile threats.
                (4) The organization, discharge, and oversight of
            acquisition for the ballistic missile defense programs of the
            United States.
                (5) The roles and responsibilities of the Office of the
            Secretary of Defense, defense agencies, combatant commands, the
            Joint Chiefs of Staff, and the military departments in such
            programs.
                (6) The process for determining requirements for missile
            defense capabilities under such programs, including input from
            the joint military requirements process.
                (7) The process for determining the force structure and
            inventory objectives for such programs.
                (8) Standards for the military utility, operational
            effectiveness, suitability, and survivability of the ballistic
            missile defense systems of the United States.
                (9) The method in which resources for the ballistic missile
            defense mission are planned, programmed, and budgeted within the
            Department of Defense.
                (10) The near-term and long-term affordability and cost-
            effectiveness of such programs.
                (11) The objectives, requirements, and standards for test
            and evaluation with respect to such programs.
                (12) Accountability, transparency, and oversight with
            respect to such programs.
                (13) The role of international cooperation on missile
            defense in the ballistic missile defense policy and strategy of
            the United States.
                (14) Any other matters the Secretary determines relevant.

        (c) Report.--
                (1) In general.--Not later than January 31, 2010, the
            Secretary shall submit to Congress a report setting forth the
            results of the review required by subsection (a).
                (2) Form.--The report required by this subsection shall be
            in unclassified form, but may include a classified annex.
    SEC. 235. AIRBORNE LASER SYSTEM.

        (a) Report on Director of Operational Test and Evaluation Assessment
    of Testing.--Not later than January 15, 2010, the Director of
    Operational Test and Evaluation shall--
                (1) review and evaluate the testing conducted on the first
            Airborne Laser System aircraft, including the planned shoot-down
            demonstration testing; and
                (2) submit to the Secretary of Defense and to Congress an
            assessment by the Director of the operational effectiveness,
            suitability, and survivability of the Airborne Laser System.

        (b) Limitation on Availability of Funds for Later Airborne Laser
    System Aircraft.--No funds appropriated pursuant to an

    [[Page 122 STAT. 4395]]

    authorization of appropriations or otherwise made available for the
    Department of Defense may be obligated or expended for the procurement
    of a second or subsequent aircraft for the Airborne Laser System program
    until the later of the following dates:
                (1) The <<NOTE: Certification.>> date on which the Secretary
            of Defense, after receiving the assessment under subsection
            (a)(2), submits to Congress a certification that the Airborne
            Laser System has demonstrated, through successful testing and
            operational and cost analysis, a high probability of being
            operationally effective, suitable, survivable, and affordable.
                (2) <<NOTE: Deadline.>> The date that is 60 days after the
            date on which Congress receives the independent assessment of
            boost-phase missile defense required by section 232.
    SEC. 236. ACTIVATION AND DEPLOYMENT OF AN/TPY-2 FORWARD-BASED X-
                            BAND RADAR.

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

                               Subtitle D--Reports

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

        (a) In General.--Section 485 of title 10, United States Code, is
    amended to read as follows:
    ``Sec. 485. Joint and service concept development and
                    experimentation

        ``(a) Biennial Reports Required.--Not later than January 1 of each
    even numbered-year, the Secretary of Defense or the Secretary's designee
    shall submit to the congressional defense

    [[Page 122 STAT. 4396]]

    committees a report on the conduct and outcomes of joint and service
    concept development and experimentation.
        ``(b) Matters To Be Included.--Each report under subsection (a)
    shall include the following:
                ``(1) A description of any changes since the latest report
            submitted under this section to each of the following:
                        ``(A) The organization of the Department of Defense
                    responsible for executing the mission of joint concept
                    development and experimentation, or its specific
                    authorities related to that mission.
                        ``(B) The process for tasking forces (including
                    forces designated as joint experimentation forces) to
                    participate in joint concept development and
                    experimentation, and the specific authority of the
                    organization responsible for executing the mission of
                    joint concept development and experimentation over those
                    forces.
                        ``(C) The resources provided for initial
                    implementation of joint concept development and
                    experimentation, the process for providing such
                    resources to the organization responsible for executing
                    the mission of joint concept development and
                    experimentation, the categories of funding for joint
                    concept development and experimentation, and the
                    authority of the organization responsible for executing
                    the mission of joint concept development and
                    experimentation for budget execution for such
                    activities.
                        ``(D) The assigned role of the organization
                    responsible for executing the mission of joint concept
                    development and experimentation for--
                              ``(i) integrating and testing in joint concept
                          development and experimentation the systems that
                          emerge from warfighting experimentation by the
                          armed forces and the Defense Agencies;
                              ``(ii) assessing the effectiveness of
                          organizational structures, operational concepts,
                          and technologies relating to joint concept
                          development and experimentation; and
                              ``(iii) assisting the Secretary of Defense and
                          the Chairman of the Joint Chiefs of Staff in
                          setting priorities for requirements or acquisition
                          programs in light of joint concept development and
                          experimentation.
                ``(2) A description of the conduct of joint concept
            development and experimentation activities, and of concept
            development and experimentation activities of each of the
            military departments, during the two-year period ending on the
            date of such report, including--
                        ``(A) the funding involved;
                        ``(B) the number of activities engaged in;
                        ``(C) the forces involved;
                        ``(D) the national and homeland security challenges
                    addressed;
                        ``(E) the operational concepts assessed;
                        ``(F) the technologies assessed;
                        ``(G) the scenarios and measures of effectiveness
                    utilized; and
                        ``(H) specific interactions under such activities
                    with the commanders of the combatant commands and with

    [[Page 122 STAT. 4397]]

                    other organizations and entities inside and outside the
                    Department.
                ``(3) A description of the conduct of joint concept
            development and experimentation, and of the conduct of concept
            development and experimentation by each of the military
            departments, during the two-year period ending on the date of
            such report with respect to the development of warfighting
            concepts for operational scenarios more than 10 years in the
            future, including--
                        ``(A) the funding involved;
                        ``(B) the number of activities engaged in;
                        ``(C) the forces involved;
                        ``(D) the challenges addressed;
                        ``(E) the operational concepts assessed;
                        ``(F) the technologies assessed;
                        ``(G) the scenarios and measures of effectiveness
                    utilized; and
                        ``(H) specific interactions with the commanders of
                    the combatant commands and with other organizations and
                    entities inside and outside the Department.
                ``(4) A description of the mechanisms used to coordinate
            joint, service, interagency, Coalition, and other appropriate
            concept development and experimentation activities.
                ``(5) An assessment of the return on investment in concept
            development and experimentation activities, including a
            description of the following:
                        ``(A) Specific outcomes and impacts within the
                    Department of the results of past joint and service
                    concept development and experimentation in terms of new
                    doctrine, operational concepts, organization, training,
                    materiel, leadership, personnel, or the allocation of
                    resources, or in activities that terminated support for
                    legacy concepts, programs, or systems.
                        ``(B) Specific actions taken to implement the
                    recommendations of the Commander of United States Joint
                    Forces Command based on joint concept development and
                    experimentation activities.
                ``(6) Such recommendations (based primarily on the results
            of joint and service concept development and experimentation) as
            the Secretary considers appropriate for enhancing the
            development of joint warfighting capabilities by modifying
            activities throughout the Department relating to--
                        ``(A) the development or acquisition of specific
                    advanced technologies, systems, or weapons or systems
                    platforms;
                        ``(B) key systems attributes and key performance
                    parameters for the development or acquisition of
                    advanced technologies and systems;
                        ``(C) joint or service doctrine, organization,
                    training, materiel, leadership development, personnel,
                    or facilities;
                        ``(D) the reduction or elimination of redundant
                    equipment and forces, including the synchronization of
                    the development and fielding of advanced technologies
                    among the armed forces to enable the development and
                    execution of joint operational concepts; and
                        ``(E) the development or modification of initial
                    capabilities documents, operational requirements, and
                    relative

    [[Page 122 STAT. 4398]]

                    priorities for acquisition programs to meet joint
                    requirements.
                ``(7) With respect to improving the effectiveness of joint
            concept development and experimentation capabilities, such
            recommendations (based primarily on the results of joint
            warfighting experimentation) as the Secretary considers
            appropriate regarding--
                        ``(A) the conduct of, adequacy of resources for, or
                    development of technologies to support such
                    capabilities; and
                        ``(B) changes in support from other elements of the
                    Department responsible for concept development and
                    experimentation by joint or service organizations.
                ``(8) The coordination of the concept development and
            experimentation activities of the Commander of the United States
            Joint Forces Command with the activities of the Commander of the
            North Atlantic Treaty Organization Supreme Allied Command
            Transformation.
                ``(9) Any other matters that the Secretary consider
            appropriate.

        ``(c) Coordination and Support.--The Secretary of Defense shall
    ensure that the Secretaries of the military departments and the heads of
    other appropriate elements of the Department of Defense provide such
    information and support as is required for the preparation of the
    reports required by this section.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 23 of such title is amended by striking the item relating to
    section 485 and inserting the following new item:

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

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

        (a) In General.--The Secretary of Defense shall carry out an
    independent assessment of the participation of covered educational
    institutions in research and educational programs and activities of the
    Department of Defense.
        (b) Report.--Not later than 12 months after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report on the assessment required
    under subsection (a).
        (c) Matters Included.--The report required under subsection (b)
    shall include the following:
                (1) A description of research, training, technical
            assistance, infrastructure support, and educational programs and
            activities conducted by the Department of Defense in support of
            covered educational institutions.
                (2) A survey of the level of participation of covered
            educational institutions in programs described in paragraph (1),
            and lessons learned from the survey.
                (3) An assessment of the relevance, including outcomes and
            effects, of the programs and activities identified in paragraph
            (1) to the research and educational programs, activities, and
            missions of the Department of Defense.

    [[Page 122 STAT. 4399]]

                (4) An assessment of additional activities by the Department
            of Defense that support covered educational institutions whose
            primary focus is the training and educating of minority
            scientists, engineers, and technicians.
                (5) An assessment of barriers to the participation of
            covered educational institutions in the research and educational
            programs and activities of the Department of Defense.
                (6) Recommendations to increase the capacity of covered
            educational institutions to participate in research and
            educational programs and activities that are critical to the
            national security functions of the Department of Defense.
                (7) Any other matters the Secretary of Defense considers
            appropriate.

        (d) Cooperation of Defense Organizations.--The Secretary of Defense
    shall ensure that the relevant elements of the Department of Defense
    provide all information necessary for the completion of the assessment
    required under subsection (a).
        (e) Definitions.--In this section:
                (1) The term ``covered educational institutions'' means--
                        (A) a historically Black college or university that
                    is a part B institution, as defined in section 322(2) of
                    the Higher Education Act of 1965 (20 U.S.C. 1061(2));
                        (B) a minority institution, as defined in section
                    365(3) of that Act (20 U.S.C. 1067k(3));
                        (C) a Hispanic-serving institution, as defined in
                    section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5));
                        (D) a Tribal College or University, as defined in
                    section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3));
                    and
                        (E) other minority postsecondary institutions.
                (2) The term ``research and educational programs and
            activities'' includes programs and activities relating to
            research, development, test, and evaluation and education.
    SEC. 243. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO FINDINGS AND
                            RECOMMENDATIONS OF THE DEFENSE SCIENCE
                            BOARD TASK FORCE ON DIRECTED ENERGY
                            WEAPONS.

        (a) Report Required.--Not later than January 1, 2010, the Secretary
    of Defense shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of Representatives a
    report on the implementation of the recommendations of the Defense
    Science Board Task Force on Directed Energy Weapons.
        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) An analysis of each of the findings and recommendations
            of the Defense Science Board Task Force on Directed Energy
            Weapons.
                (2) A detailed description of the response of the Department
            of Defense to each finding and recommendation of the Task Force,
            including--
                        (A) for each recommendation that is being
                    implemented or that the Secretary plans to implement--
                              (i) a summary of actions that have been taken
                          to implement such recommendation; and

    [[Page 122 STAT. 4400]]

                              (ii) a schedule, with specific milestones, for
                          completing the implementation of such
                          recommendation; and
                        (B) for each recommendation that the Secretary does
                    not plan to implement--
                              (i) the reasons for the decision not to
                          implement such recommendation; and
                              (ii) a summary of the alternative actions the
                          Secretary plans to take to address the purposes
                          underlying such recommendation.
                (3) A summary of any additional actions the Secretary plans
            to take to address concerns raised by the Task Force.

                            Subtitle E--Other Matters

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

        (a) Authority To Designate Additional Systems as Major Systems and
    Programs Subject to Testing.--Section 2366(e)(1) of title 10, United
    States Code, is amended to read as follows:
                ``(1) The term `covered system' means--
                        ``(A) a vehicle, weapon platform, or conventional
                    weapon system that--
                              ``(i) includes features designed to provide
                          some degree of protection to users in combat; and
                              ``(ii) is a major system as defined in section
                          2302(5) of this title; or
                        ``(B) any other system or program designated by the
                    Secretary of Defense for purposes of this section.''.

        (b) Revision to Report Requirement.--Section 2366(d) of such title
    is amended--
                (1) by inserting ``(1)'' before ``At the conclusion''; and
                (2) by adding at the end the following new paragraph:

        ``(2) If a decision is made within the Department of Defense to
    proceed to operational use of a system, or to make procurement funds
    available for a system, before Milestone C approval of that system, the
    Secretary of Defense shall submit to the congressional defense
    committees, as soon as practicable after such decision, the following:
                ``(A) A report describing the status of survivability and
            live fire testing of that system.
                ``(B) The report required under paragraph (1).''.

        (c) Force Protection Equipment.--Section 139(b) of such title is
    amended--
                (1) by striking paragraph (3); and
                (2) by redesignating paragraphs (4) through (7) as
            paragraphs (3) through (6), respectively.
    SEC. 252. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY GUIDELINES AND
                            STANDARDS TO SUPPORT FULLY INTEROPERABLE
                            ELECTRONIC PERSONAL HEALTH INFORMATION FOR
                            THE DEPARTMENT OF DEFENSE AND DEPARTMENT
                            OF VETERANS AFFAIRS.

        Section 1635 of the Wounded Warrior Act (title XVI of Public Law
    110-181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended--

    [[Page 122 STAT. 4401]]

                (1) in subsection (h)(1), by adding at the end the following
            new subparagraphs:
                        ``(C) A description and analysis of the level of
                    interoperability and security of technologies for
                    sharing healthcare information among the Department of
                    Defense, the Department of Veterans Affairs, and their
                    transaction partners.
                        ``(D) A description and analysis of the problems the
                    Department of Defense and the Department of Veterans
                    Affairs are having with, and the progress such
                    departments are making toward, ensuring interoperable
                    and secure healthcare information systems and electronic
                    healthcare records.''; and
                (2) by adding at the end the following new subsection:

        ``(j) Technology-Neutral Guidelines and Standards.--The Director, in
    consultation with industry and appropriate Federal agencies, shall
    develop, or shall adopt from industry, technology-neutral information
    technology infrastructure guidelines and standards for use by the
    Department of Defense and the Department of Veterans Affairs to enable
    those departments to effectively select and utilize information
    technologies to meet the requirements of this section.''.
    SEC. 253. ASSESSMENT OF TECHNOLOGY TRANSITION PROGRAMS AND REPEAL
                            OF REPORTING REQUIREMENT.

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

    [[Page 122 STAT. 4402]]

                        (F) Recommendations regarding the appropriate
                    management structure, fiscal controls, and stakeholder
                    engagement required to ensure that a unified technology
                    transition program will cost-effectively and efficiently
                    enable technology transition.

        (b) Reporting Requirement Repealed.--Section 2359a of title 10,
    United States Code, is amended--
                (1) by striking subsection (h); and
                (2) by redesignating subsection (i) as subsection (h).
    SEC. 254. <<NOTE: 10 USC 2302 note.>> TRUSTED DEFENSE SYSTEMS.

        (a) Vulnerability Assessment Required.--The Secretary of Defense
    shall conduct an assessment of selected covered acquisition programs to
    identify vulnerabilities in the supply chain of each program's
    electronics and information processing systems that potentially
    compromise the level of trust in the systems. Such assessment shall--
                (1) identify vulnerabilities at multiple levels of the
            electronics and information processing systems of the selected
            programs, including microcircuits, software, and firmware;
                (2) prioritize the potential vulnerabilities and effects of
            the various elements and stages of the system supply chain to
            identify the most effective balance of investments to minimize
            the effects of compromise;
                (3) provide recommendations regarding ways of managing
            supply chain risk for covered acquisition programs; and
                (4) identify the appropriate lead person, and supporting
            elements, within the Department of Defense for the development
            of an integrated strategy for managing risk in the supply chain
            for covered acquisition programs.

        (b) Assessment of Methods for Verifying the Trust of Semiconductors
    Procured From Commercial Sources.--The Under Secretary of Defense for
    Acquisition, Technology, and Logistics, in consultation with appropriate
    elements of the Department of Defense, the intelligence community,
    private industry, and academia, shall conduct an assessment of various
    methods of verifying the trust of semiconductors procured by the
    Department of Defense from commercial sources for use in mission-
    critical components of potentially vulnerable defense systems. The
    assessment shall include the following:
                (1) An identification of various methods of verifying the
            trust of semiconductors, including methods under development at
            the Defense Agencies, government laboratories, institutions of
            higher education, and in the private sector.
                (2) A determination of the methods identified under
            paragraph (1) that are most suitable for the Department of
            Defense.
                (3) An assessment of the additional research and technology
            development needed to develop methods of verifying the trust of
            semiconductors that meet the needs of the Department of Defense.
                (4) Any other matters that the Under Secretary considers
            appropriate.

        (c) Strategy Required.--
                (1) In general.--The lead person identified under subsection
            (a)(4), in cooperation with the supporting elements also
            identified under such subsection, shall develop an integrated
            strategy--

    [[Page 122 STAT. 4403]]

                        (A) for managing risk--
                              (i) in the supply chain of electronics and
                          information processing systems for covered
                          acquisition programs; and
                              (ii) in the procurement of semiconductors; and
                        (B) that ensures dependable, continuous, long-term
                    access and trust for all mission-critical semiconductors
                    procured from both foreign and domestic sources.
                (2) Requirements.--At a minimum, the strategy shall--
                        (A) address the vulnerabilities identified by the
                    assessment under subsection (a);
                        (B) reflect the priorities identified by such
                    assessment;
                        (C) provide guidance for the planning, programming,
                    budgeting, and execution process in order to ensure that
                    covered acquisition programs have the necessary
                    resources to implement all appropriate elements of the
                    strategy;
                        (D) promote the use of verification tools, as
                    appropriate, for ensuring trust of commercially acquired
                    systems;
                        (E) increase use of trusted foundry services, as
                    appropriate; and
                        (F) ensure sufficient oversight in implementation of
                    the plan.

        (d) Policies and Actions for Assuring Trust in Integrated
    Circuits.--Not <<NOTE: Deadline.>> later than 180 days after the date of
    the enactment of this Act, the Secretary of Defense shall--
                (1) develop policy requiring that trust assurance be a high
            priority for covered acquisition programs in all phases of the
            electronic component supply chain and integrated circuit
            development and production process, including design and design
            tools, fabrication of the semiconductors, packaging, final
            assembly, and test;
                (2) develop policy requiring that programs whose electronics
            and information systems are determined to be vital to
            operational readiness or mission effectiveness are to employ
            trusted foundry services to fabricate their custom designed
            integrated circuits, unless the Secretary specifically
            authorizes otherwise;
                (3) incorporate the strategies and policies of the
            Department of Defense regarding development and use of trusted
            integrated circuits into all relevant Department directives and
            instructions related to the acquisition of integrated circuits
            and programs that use such circuits; and
                (4) take actions to promote the use and development of tools
            that verify the trust in all phases of the integrated circuit
            development and production process of mission-critical parts
            acquired from non-trusted sources.

        (e) Submission to Congress.--Not <<NOTE: Deadline.>> later than 12
    months after the date of the enactment of this Act, the Secretary of
    Defense shall submit to the congressional defense committees--
                (1) the assessments required by subsections (a) and (b);
                (2) the strategy required by subsection (c); and
                (3) a description of the policies developed and actions
            taken under subsection (d).

        (f) Definitions.--In this section:
                (1) The term ``covered acquisition programs'' means an
            acquisition program of the Department of Defense that is a major
            system for purposes of section 2302(5) of title 10, United
            States Code.

    [[Page 122 STAT. 4404]]

                (2) The terms ``trust'' and ``trusted'' refer, with respect
            to electronic and information processing systems, to the ability
            of the Department of Defense to have confidence that the systems
            function as intended and are free of exploitable
            vulnerabilities, either intentionally or unintentionally
            designed or inserted as part of the system at any time during
            its life cycle.
                (3) The term ``trusted foundry services'' means the program
            of the National Security Agency and the Department of Defense,
            or any similar program approved by the Secretary of Defense, for
            the development and manufacture of integrated circuits for
            critical defense systems in secure industrial environments.
    SEC. 255. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT
                            APPROACH FOR FUTURE DEVELOPMENT OF
                            VERTICAL LIFT AIRCRAFT AND ROTORCRAFT.

        (a) Assessment Required.--The Secretary of Defense and the Chairman
    of the Joint Chiefs of Staff shall carry out a capabilities-based
    assessment that outlines a joint approach to the future development of
    vertical lift aircraft and rotorcraft for all of the Armed Forces. The
    assessment shall--
                (1) address critical technologies required for future
            development, including a technology roadmap;
                (2) include the development of a detailed science and
            technology investment and implementation plan and an
            identification of the resources required to implement such plan;
            and
                (3) include the development of a strategic plan that--
                        (A) formalizes the strategic vision of the
                    Department of Defense for the next generation of
                    vertical lift aircraft and rotorcraft;
                        (B) establishes joint requirements for the next
                    generation of vertical lift aircraft and rotorcraft
                    technology; and
                        (C) emphasizes the development of common service
                    requirements.

        (b) Report.--The Secretary and the Chairman shall submit to the
    congressional defense committees a report on the assessment under
    subsection (a). The report shall include--
                (1) the technology roadmap referred to in subsection (a)(1);
                (2) the plan and the identification of resources referred to
            in subsection (a)(2);
                (3) the strategic plan referred to in subsection (a)(3); and
                (4) a detailed plan to establish a Joint Vertical Lift
            Aircraft/Rotorcraft Office based on lessons learned from the
            Joint Advanced Strike Technology Office.
    SEC. 256. <<NOTE: 10 USC 2501 note.>> EXECUTIVE AGENT FOR PRINTED
                            CIRCUIT BOARD TECHNOLOGY.

        (a) Executive Agent.--Not <<NOTE: Deadline. Designation.>> later
    than 90 days after the date of the enactment of this Act, the Secretary
    of Defense shall designate a senior official of the Department of
    Defense to act as the executive agent for printed circuit board
    technology.

        (b) Roles, Responsibilities, and Authorities.--
                (1) Establishment.--Not <<NOTE: Deadline.>> later than one
            year after the date of the enactment of this Act, and in
            accordance with Directive 5101.1, the Secretary of Defense shall
            prescribe the roles, responsibilities, and authorities of the
            executive agent designated under subsection (a).

    [[Page 122 STAT. 4405]]

                (2) Specification.--The roles and responsibilities of the
            executive agent designated under subsection (a) shall include
            each of the following:
                        (A) Development and maintenance of a printed circuit
                    board and interconnect technology roadmap that ensures
                    that the Department of Defense has access to the
                    manufacturing capabilities and technical expertise
                    necessary to meet future military requirements regarding
                    such technology.
                        (B) Development of recommended funding strategies
                    necessary to meet the requirements of the roadmap
                    developed under subparagraph (A).
                        (C) Assessment of the vulnerabilities,
                    trustworthiness, and diversity of the printed circuit
                    board supply chain, including the development of
                    trustworthiness requirements for printed circuit boards
                    used in defense systems, and to develop strategies to
                    address matters that are identified as a result of such
                    assessment.
                        (D) Such other roles and responsibilities as the
                    Secretary of Defense considers appropriate.

        (c) Support Within Department of Defense.--In accordance with
    Directive 5101.1, the Secretary of Defense shall ensure that the
    military departments, Defense Agencies, and other components of the
    Department of Defense provide the executive agent designated under
    subsection (a) with the appropriate support and resources needed to
    perform the roles, responsibilities, and authorities of the executive
    agent.
        (d) Definitions.--In this section:
                (1) The term ``Directive 5101.1'' means Department of
            Defense Directive 5101.1, or any successor directive relating to
            the responsibilities of an executive agent of the Department of
            Defense.
                (2) The term ``executive agent'' has the meaning given the
            term ``DoD Executive Agent'' in Directive 5101.1.
    SEC. 257. REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE TECHNOLOGY
                            APPLICATIONS AND CONCEPTS.

        (a) Availability of Funds for Prompt Global Strike Capability
    Development.--Notwithstanding any other provision of this Act, funds for
    conventional prompt global strike capability development are authorized
    by this Act only for those activities expressly delineated in the
    expenditure plan for fiscal years 2008 and 2009 that was required by
    section 243 of the National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 51; 10 U.S.C. 113 note) and
    submitted to the congressional defense committees and dated March 24,
    2008, those activities for which funds are authorized to be appropriated
    in this Act, or those activities otherwise expressly authorized by
    Congress.
        (b) Report on Technology Applications.--Not later than April 1,
    2009, the Secretary of Defense shall submit to the congressional defense
    committees a report that contains--
                (1) a description of the technology applications developed
            pursuant to conventional prompt global strike activities during
            fiscal year 2009; and
                (2) for each such technology application, the conventional
            prompt global strike concept towards which the application could
            be applied.

    [[Page 122 STAT. 4406]]

        (c) Review of Conventional Prompt Global Strike Concepts.--The
    Secretary of Defense shall, in consultation with the Secretary of State,
    conduct a review of each nonnuclear prompt global strike concept with
    respect to which the President requests funding in the budget of the
    President for fiscal year 2010 (as submitted to Congress pursuant to
    section 1105 of title 31, United States Code).
        (d) Elements of Review.--The review required by subsection (c) shall
    include, for each concept described in that subsection, the following:
                (1) The full cost of demonstrating such concept.
                (2) An assessment of any policy, legal, or treaty-related
            issues that could arise during the course of, or as a result of,
            deployment of each concept and recommendations to address such
            issues.
                (3) The extent to which the concept could be misconstrued as
            a nuclear weapon or delivery system and recommendations to
            mitigate the risk of such a misconstrual.
                (4) An assessment of the potential basing and deployment
            options for the concept.
                (5) A description of the types of targets against which the
            concept might be used.
                (6) An assessment of the adequacy of the intelligence that
            would be needed to support an attack involving the concept.

        (e) Report on Conventional Prompt Global Strike Concepts.--Not later
    than September 1, 2009, the Secretary of Defense shall submit to the
    congressional defense committees a report setting forth the results of
    the review required by subsection (c).

                      TITLE III--OPERATION AND MAINTENANCE

                   Subtitle A--Authorization of Appropriations

    Sec. 301. Operation and maintenance funding.

                      Subtitle B--Environmental Provisions

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

                     Subtitle C--Workplace and Depot Issues

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

    [[Page 122 STAT. 4407]]

                           Subtitle D--Energy Security

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

                               Subtitle E--Reports

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

                            Subtitle F--Other Matters

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

                   Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for the use of the Armed Forces and other activities and agencies of the
    Department of Defense for expenses, not otherwise provided for, for
    operation and maintenance, in amounts as follows:
                (1) For the Army, $31,251,702,000.
                (2) For the Navy, $34,850,310,000.
                (3) For the Marine Corps, $5,604,254,000.
                (4) For the Air Force, $35,454,487,000.
                (5) For Defense-wide activities, $25,948,864,000.
                (6) For the Army Reserve, $2,642,341,000.
                (7) For the Naval Reserve, $1,311,085,000.
                (8) For the Marine Corps Reserve, $213,131,000.
                (9) For the Air Force Reserve, $3,150,692,000.
                (10) For the Army National Guard, $5,893,546,000.
                (11) For the Air National Guard, $5,882,326,000.
                (12) For the United States Court of Appeals for the Armed
            Forces, $13,254,000.
                (13) For Environmental Restoration, Army, $447,776,000.
                (14) For Environmental Restoration, Navy, $290,819,000.
                (15) For Environmental Restoration, Air Force, $496,277,000.
                (16) For Environmental Restoration, Defense-wide,
            $13,175,000.

    [[Page 122 STAT. 4408]]

                (17) For Environmental Restoration, Formerly Used Defense
            Sites, $257,796,000.
                (18) For Overseas Humanitarian, Disaster, and Civic Aid
            programs, $83,273,000.
                (19) For Cooperative Threat Reduction programs,
            $434,135,000.
                (20) For the Overseas Contingency Operations Transfer Fund,
            $9,101,000.

                      Subtitle B--Environmental Provisions

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

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

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

        ``(b) Covered Activities.--Payments to a conservation banking
    program or `in-lieu-fee' mitigation sponsor under subsection (a) may be
    made only for the purpose of facilitating one or more of the following
    activities:
                ``(1) Military testing, operations, training, or other
            military activity.
                ``(2) Military construction.

        ``(c) Treatment of Amounts for Conservation Banking.--Payments made
    under subsection (a) to a conservation banking program or `in-lieu-fee'
    mitigation sponsor for the purpose of facilitating military construction
    may be treated as eligible costs of the military construction project.
        ``(d) Secretary Concerned Defined.--In this section, the term
    `Secretary concerned' means--
                ``(1) the Secretary of a military department; and
                ``(2) the Secretary of Defense with respect to a Defense
            Agency.''.

    [[Page 122 STAT. 4409]]

        (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 <<NOTE: 10 USC 2694c note.>> 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.''.

    [[Page 122 STAT. 4410]]

    SEC. 314. <<NOTE: 10 USC 2710 note.>> EXPEDITED USE OF APPROPRIATE
                            TECHNOLOGY RELATED TO UNEXPLODED ORDNANCE
                            DETECTION.

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

        (c) Unexploded Ordnance Defined.--In this section, the term
    ``unexploded ordnance'' has the meaning given such term in section
    101(e)(5) of title 10, United States Code.
    SEC. 315. CLOSED LOOP RE-REFINING OF USED MOTOR VEHICLE
                            LUBRICATING OIL.

        (a) Study and Evaluation.--Not <<NOTE: Deadline. Reports.>> later
    than one year after the date of the enactment of this Act, the Secretary
    of Defense shall submit to Congress a report which reviews the
    Department of Defense's policies concerning the re-use, recycling, sale,
    and disposal of used motor vehicle lubricating oil, and shall include in
    the report an evaluation of the feasibility and desirability of
    implementing policies to require re-use or recycling through closed loop
    re-refining of used oil as a means of reducing total indirect energy
    usage and greenhouse gas emissions.

        (b) Definition.--For purposes of this section, the term ``closed
    loop re-refining'' means the sale of used oil to entities that re-refine
    used oil into base oil and vehicle lubricants that meet Department of
    Defense and industry standards, and the purchase of re-refined oil
    produced through such re-refining process.
    SEC. 316. <<NOTE: 7 USC 8503 note.>> COMPREHENSIVE PROGRAM FOR THE
                            ERADICATION OF THE BROWN TREE SNAKE
                            POPULATION FROM MILITARY FACILITIES IN
                            GUAM.

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

    [[Page 122 STAT. 4411]]

                     Subtitle C--Workplace and Depot Issues

    SEC. 321. <<NOTE: 31 USC 501 note.>> COMPREHENSIVE ANALYSIS AND
                            DEVELOPMENT OF SINGLE GOVERNMENT-WIDE
                            DEFINITION OF INHERENTLY GOVERNMENTAL
                            FUNCTION AND CRITERIA FOR CRITICAL
                            FUNCTIONS.

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

    [[Page 122 STAT. 4412]]

                        (C) develops guidance to manage internal decisions
                    regarding staffing in an integrated manner to ensure
                    officers or employees of the Federal Government or
                    members of the Armed Forces are filling critical
                    management roles by identifying--
                              (i) functions, activities, or positions, or
                          some combination thereof, or
                              (ii) additional mechanisms and factors,
                          including the management or oversight of awarded
                          contracts, statutory mandates, and international
                          obligations; and
                (5) solicit the views of the public regarding the matters
            identified in this section.

        (b) Definitions of Inherently Governmental Function.--The
    definitions of inherently governmental function described in this
    subsection are the definitions of such term that are contained in--
                (1) the Federal Activities Inventory Reform Act of 1998
            (Public Law 105-270; 31 U.S.C. 501 note);
                (2) section 2383 of title 10, United States Code;
                (3) Office of Management and Budget Circular A-76;
                (4) the Federal Acquisition Regulation; and
                (5) any other relevant Federal law or regulation, as
            determined by the Director of the Office of Management and
            Budget in consultation with the Chief Acquisition Officers
            Council and the Chief Human Capital Officers Council.

        (c) Report to Congress.--Not later than one year after the date of
    the enactment of this Act, the Director of the Office of Management and
    Budget, in consultation with the Chief Acquisition Officers Council and
    the Chief Human Capital Officers Council, shall submit to the Committees
    on Armed Services of the Senate and House of Representatives, the
    Committee on Homeland Security and Governmental Affairs in the Senate,
    and the Committee on Oversight and Government Reform of the House of
    Representatives a report on the actions taken by the Director under this
    section. Such report shall contain each of the following:
                (1) A description of the actions taken by the Director under
            this section to develop a single definition of inherently
            governmental function and criteria for critical functions.
                (2) Such legislative recommendations as the Director
            determines are necessary to further the purposes of this
            section.
                (3) A description of such steps as may be necessary--
                        (A) to ensure that the single definition and
                    criteria developed under this section are consistently
                    applied through all Federal regulations, circulars,
                    policy letters, agency guidance, and other documents;
                        (B) to repeal any existing Federal regulations,
                    circular, policy letters, agency guidance and other
                    documents determined to be superseded by the definition
                    and criteria developed under this section; and
                        (C) to develop any necessary implementing guidance
                    under this section for agency staffing and contracting
                    decisions, along with appropriate milestones.

        (d) Regulations.--Not <<NOTE: Deadline.>> later than 180 days after
    submission of the report required by subsection (c), the Director of the
    Office of Management and Budget shall issue regulations to implement
    actions taken under this section to develop a single definition of
    inherently governmental function and criteria for critical functions.

    [[Page 122 STAT. 4413]]

    SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.

        (a) Study Required.--Not <<NOTE: Deadline. Contracts.>> later than
    30 days after the date of the enactment of this Act, the Secretary of
    Defense shall enter into a contract with an independent research entity
    that is a not-for-profit entity or a federally-funded research and
    development center with appropriate expertise in logistics and logistics
    analytical capability to carry out a study on the capability and
    efficiency of the depots of the Department of Defense to provide the
    logistics capabilities and capacity necessary for national defense.

        (b) Contents of Study.--The study carried out under subsection (a)
    shall--
                (1) be a quantitative analysis of the post-reset Department
            of Defense depot capability required to provide life cycle
            sustainment of military legacy systems and new systems and
            military equipment;
                (2) take into consideration direct input from the Secretary
            of Defense and the logistics and acquisition leadership of the
            military departments, including materiel support and depot
            commanders;
                (3) take into consideration input from regular and reserve
            components of the Armed Forces, both with respect to
            requirements for sustainment-level maintenance and the
            capability and capacity to perform depot-level maintenance and
            repair;
                (4) identify and address each type of activity carried out
            at depots, installation directorates of logistics, regional
            sustainment-level maintenance sites, reserve component
            maintenance capability sites, theater equipment support centers,
            and Army field support brigade capabilities;
                (5) examine relevant guidance provided and regulations
            prescribed by the Secretary of Defense and the Secretary of each
            of the military departments, including with respect to
            programming and budgeting and the annual budget displays
            provided to Congress; and
                (6) examine any relevant applicable laws, including the
            relevant body of work performed by the Government Accountability
            Office.

        (c) Issues to Be Addressed.--The study required under subsection (a)
    shall address each of the following issues with respect to depots and
    depot capabilities:
                (1) The life cycle sustainment maintenance strategies and
            implementation plans of the Department of Defense and the
            military departments that cover--
                        (A) the role of each type of maintenance activity;
                        (B) business operations;
                        (C) workload projection;
                        (D) outcome-based performance management objectives;
                        (E) the adequacy of information technology systems,
                    including workload management systems;
                        (F) the workforce, including skills required and
                    development;
                        (G) budget and fiscal planning policies; and
                        (H) capital investment strategies, including the
                    implementation of section 2476 of title 10, United
                    States Code.
                (2) Current and future maintenance environments, including--

    [[Page 122 STAT. 4414]]

                        (A) performance-based logistics;
                        (B) supply chain management;
                        (C) condition-based maintenance;
                        (D) reliability-based maintenance;
                        (E) consolidation and centralization, including--
                              (i) regionalization;
                              (ii) two-level maintenance; and
                              (iii) forward-based depot capacity;
                        (F) public-private partnerships;
                        (G) private-sector depot capability and capacity;
                    and
                        (H) the impact of proprietary technical
                    documentation.
                (3) The adequate visibility of the maintenance workload of
            each military department in reports submitted to Congress,
            including--
                        (A) whether the depot budget lines in current budget
                    displays accurately reflect depot level workloads;
                        (B) the accuracy of core and 50/50 calculations;
                        (C) the usefulness of current reporting requirements
                    to the oversight function of senior military and
                    congressional leaders; and
                        (D) whether current budgetary guidelines provide
                    sufficient financial flexibility during the year of
                    execution to permit the heads of the military
                    departments to make best-value decisions between
                    maintenance activities.
                (4) Such other information as determined relevant by the
            entity carrying out the study.

        (d) Availability of Information.--The Secretary of Defense and the
    Secretaries of each of the military departments shall make available to
    the entity carrying out the study under subsection (a) all necessary and
    relevant information to allow the entity to conduct the study in a
    quantitative and analytical manner.
        (e) Reports to Committees on Armed Services.--
                (1) Interim report.--The contract that the Secretary enters
            into under subsection (a) shall provide that not later than one
            year after the commencement of the study conducted under this
            section, the chief executive officer of the entity that carries
            out the study pursuant to the contract shall submit to the
            Committees on Armed Services of the Senate and House of
            Representatives an interim report on the study.
                (2) Final report.--Such contract shall provide that not
            later than 22 months after the date on which the Secretary of
            Defense enters into the contract under subsection (a), the chief
            executive officer of the entity that carries out the study
            pursuant to the contract shall submit to the Committees on Armed
            Services of the Senate and House of Representatives a final
            report on the study. The report shall include each of the
            following:
                        (A) A description of the depot maintenance
                    environment, as of the date of the conclusion of the
                    study, and the anticipated future environment, together
                    with the quantitative data used in conducting the
                    assessment of such environments under the study.
                        (B) Recommendations with respect to what would be
                    required to maintain, in a post-reset environment, an
                    efficient and enduring Department of Defense depot
                    capability necessary for national defense.

    [[Page 122 STAT. 4415]]

                        (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 <<NOTE: Deadline. Assessments.>> Review.--
    Not later than 90 days after the date on which the report under
    subsection (e)(2) is submitted, the Comptroller General shall review the
    report and submit to the Committees on Armed Services of the Senate and
    House of Representatives an assessment of the feasibility of the
    recommendations and whether the findings are supported by the data and
    information examined.

        (g) Definitions.--In this section:
                (1) The term ``depot-level maintenance and repair'' has the
            meaning given that term under section 2460 of title 10, United
            States Code.
                (2) The term ``reset'' means actions taken to repair,
            enhance, or replace military equipment used in support of
            operations underway as of the date of the enactment of this Act
            and associated sustainment.
                (3) The term ``military equipment'' includes all weapon
            systems, weapon platforms, vehicles and munitions of the
            Department of Defense, and the components of such items.
    SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGH-
                            PERFORMING ORGANIZATIONS.

        Not <<NOTE: Deadline.>> later than 120 days after the date of the
    enactment of this Act, the Comptroller General shall submit to the
    congressional defense committees a review on the high-performing
    organization initiatives of the Department of Defense. The review shall
    include each of the following for each such initiative reviewed:
                (1) Any policies or guidance developed to implement the
            initiative.
                (2) Whether the initiative was undertaken pursuant to the
            pilot project under section 337 of the National Defense
            Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
            U.S.C. 113 note) or under Office of Management and Budget
            Circular A-76.
                (3) The cost of development and implementation of the
            initiative.
                (4) Any cost savings and overall financial improvements
            promised or realized by reason of the initiative and an analysis
            of how such savings or improvements were calculated.

    [[Page 122 STAT. 4416]]

                (5) Whether criteria were developed to measure the
            performance, efficiency, and effectiveness improvements of the
            initiative.
                (6) The effect of the initiative on the workforce, including
            any relocations, change in collective bargaining status, or
            reductions in force that may have resulted.
                (7) Whether and to what extent employees and their
            representatives were consulted in the development and
            implementation of the initiative.
    SEC. 324. <<NOTE: 10 USC 8062 note.>> CONSOLIDATION OF AIR FORCE
                            AND AIR NATIONAL GUARD AIRCRAFT
                            MAINTENANCE.

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

    [[Page 122 STAT. 4417]]

        (e) Certification by the Secretary of Defense.--After the Secretary
    of the Air Force submits the reports required by subsections (b) and
    (c), and before any consolidation of aircraft repair facilities and
    personnel of the active Air Force with aircraft repair facilities and
    personnel of the Air National Guard by the Secretary of the Air Force,
    the Secretary of Defense shall certify that such consolidation is in the
    national interest and will not adversely affect recruitment, retention,
    or execution of the Air National Guard mission in the individual States.
    SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDATION
                            PLAN.

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

    [[Page 122 STAT. 4418]]

        (c) Updates of Report.--The <<NOTE: Termination date.>> Secretary of
    the Air Force shall submit to the Committees on Armed Services of the
    Senate and House of Representatives biannual updates of the report
    required under subsection (a) until January 3, 2012.
    SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON AIR
                            FORCE BASES.

        To ensure that the Air Force is meeting the minimum safety standards
    for staffing, equipment, and training, as required by Department of
    Defense Installation and Environment Instruction 6055.6, the Secretary
    of the Air Force shall submit to Congress, by not later than 90 days
    after the date of the enactment of this Act, a report on the effects of
    the reduction in the number of fire fighters on Air Force bases during
    the three fiscal years preceding the fiscal year in which the report is
    submitted. Such report shall include each of the following:
                (1) An evaluation of current fire fighting capability of the
            Air Force and whether the reduction in the number of fire
            fighters on Air Force bases has increased the risk of harm to
            either fire fighters or those they may serve in response to an
            emergency.
                (2) An evaluation of whether adequate capability exists in
            the municipal communities surrounding the Air Force bases
            covered by the report to support a base aircraft rescue or to
            respond to a fire involving a combat aircraft, cargo aircraft,
            or weapon system.
                (3) An evaluation of the effects that the reductions in fire
            fighting personnel or functions have had on the certifications
            of Air Force base fire departments.
                (4) If the Secretary determines that reductions in the
            number of fire fighting personnel during the fiscal years
            covered by the report have negatively affected the ability of
            fire fighters on Air Forces bases to perform their missions, a
            plan to restore the fire fighting personnel needed to adequately
            support such missions.
    SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

        (a) Additional Army Depots.--Subsection (e)(1) of section 2476 of
    title 10, United States Code, is amended by adding at the end the
    following new subparagraphs:
                        ``(F) Watervliet Arsenal, New York.
                        ``(G) Rock Island Arsenal, Illinois.
                        ``(H) Pine Bluff Arsenal, Arkansas.''.

        (b) Separate Consideration and Reporting of Navy Depots and Marine
    Corps Depots.--Such section is further amended--
                (1) in subsection (d)(2), by adding at the end the following
            new subparagraph:
                ``(D) Separate consideration and reporting of Navy Depots
            and Marine Corps depots.''; and
                (2) in subsection (e)(2)--
                        (A) by redesignating subparagraphs (A) through (G)
                    as clauses (i) through (vii), respectively, and
                    indenting the margins of such clauses, as so
                    redesignated, 6 ems from the left margin;
                        (B) by inserting after ``Department of the Navy:''
                    the following:
                        ``(A) The following Navy depots:'';

    [[Page 122 STAT. 4419]]

                        (C) by inserting after clause (vii), as redesignated
                    by subparagraph (A), the following:
                        ``(B) The following Marine Corps depots:''; and
                        (D) by redesignating subparagraphs (H) and (I) as
                    clauses (i) and (ii), respectively, and indenting the
                    margins of such clauses, as so redesignated, 6 ems from
                    the left margin.

                           Subtitle D--Energy Security

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

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

        ``(3) If a report under this subsection is submitted in a classified
    form, the Secretary shall concurrently submit to the congressional

    [[Page 122 STAT. 4420]]

    defense committees an unclassified version of the information required
    by this subsection.
        ``(4) In this subsection, the term `operational energy' means the
    energy required for training, moving, and sustaining military forces and
    weapons platforms for military operations. The term includes energy used
    by tactical power systems and generators and weapons platforms.''.
        (b) Clerical Amendments.--
                (1) Section heading.--The heading of such section is amended
            to read as follows:
    ``Sec. 2925. Annual Department of Defense energy management
                      reports''.
                (2) Table of sections.--The table of sections at the
            beginning of subchapter III of chapter 173 of such title is
            amended by striking the item relating to section 2925 and
            inserting the following new item:

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

    SEC. 332. <<NOTE: 10 USC 2911 note.>> CONSIDERATION OF FUEL
                            LOGISTICS SUPPORT REQUIREMENTS IN
                            PLANNING, REQUIREMENTS DEVELOPMENT, AND
                            ACQUISITION PROCESSES.

        (a) Planning.--In the case of analyses and force planning processes
    that are used to establish capability requirements and inform
    acquisition decisions, the Secretary of Defense shall require that
    analyses and force planning processes consider the requirements for, and
    vulnerability of, fuel logistics.
        (b) Capability Requirements Development Process.--The Secretary of
    Defense shall develop and implement a methodology to enable the
    implementation of a fuel efficiency key performance parameter in the
    requirements development process for the modification of existing or
    development of new fuel consuming systems.
        (c) Acquisition Process.--The Secretary of Defense shall require
    that the life-cycle cost analysis for new capabilities include the fully
    burdened cost of fuel during analysis of alternatives and evaluation of
    alternatives and acquisition program design trades.
        (d) Implementation Plan.--The Secretary of Defense shall prepare a
    plan for implementing the requirements of this section. The
    plan <<NOTE: Deadlines.>> shall be completed not later than 180 days
    after the date of the enactment of this Act and provide for the
    implementation of the requirements by not later than three years after
    the date of the enactment of this Act.

        (e) Progress Report.--Not later than two years after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report describing progress made to
    implement the requirements of this section, including an assessment of
    whether the implementation plan required by section (d) is being carried
    out on schedule.
        (f) Notification of Compliance.--As soon as practicable during the
    three-year period beginning on the date of the enactment of this Act,
    the Secretary of Defense shall notify the congressional defense
    committees that the Secretary has complied with the requirements of this
    section. <<NOTE: Reports.>> If the Secretary is unable to provide the
    notification, the Secretary shall submit to the congressional defense
    committees at the end of the three-year period a report containing--

    [[Page 122 STAT. 4421]]

                (1) an explanation of the reasons why the requirements, or
            portions of the requirements, have not been implemented; and
                (2) a revised plan under subsection (d) to complete
            implementation or a rationale regarding why portions of the
            requirements cannot or should not be implemented.

        (g) Fully Burdened Cost of Fuel Defined.--In this section, the term
    ``fully burdened cost of fuel'' means the commodity price for fuel plus
    the total cost of all personnel and assets required to move and, when
    necessary, protect the fuel from the point at which the fuel is received
    from the commercial supplier to the point of use.
    SEC. 333. STUDY ON SOLAR AND WIND ENERGY FOR USE FOR EXPEDITIONARY
                            FORCES.

        (a) Study Required.--The Secretary of Defense shall conduct a study
    to examine the feasibility of using solar and wind energy to provide
    electricity for expeditionary forces.
        (b) Matters Examined.--In conducting the study required by
    subsection (a), the Secretary shall examine, at a minimum, each of the
    following:
                (1) The potential for solar and wind energy to reduce the
            fuel supply needed to provide electricity for expeditionary
            forces and the extent to which such reduction will decrease the
            risk of casualties by reducing the number of convoys needed to
            supply fuel to forward operating locations.
                (2) The cost of using solar and wind energy to provide
            electricity.
                (3) The potential savings of using solar and wind energy to
            provide electricity compared to current methods.
                (4) The environmental benefits of using solar and wind
            energy to provide electricity instead of the current methods.
                (5) The sustainability and operating requirements of solar
            and wind energy systems for providing electricity compared to
            current methods.
                (6) Potential opportunities for experimenting with the use
            of deployable solar and wind energy systems in current training
            environments, including remote areas of training ranges.

        (c) Report.--Not later than 120 days after the date of the enactment
    of this Act, the Secretary shall submit to the congressional defense
    committees a report on the results of the study required by subsection
    (a).
    SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.

        (a) Study Required.--The Secretary of Defense shall conduct a study
    on alternatives to reduce the life cycle emissions of alternative and
    synthetic fuels (including coal-to-liquid fuels).
        (b) Matters Examined.--The study shall examine, at a minimum, the
    following:
                (1) The potential clean energy alternatives for powering the
            conversion processes, including nuclear, solar, and wind
            energies.
                (2) The alternatives for reducing carbon emissions during
            the conversion processes.
                (3) The military utility of domestically-produced
            alternative and synthetic fuels for military operations and for
            use by expeditionary forces compared with the military utility
            and

    [[Page 122 STAT. 4422]]

            life cycle emissions of mobile, in-theater synthetic fuel
            processes.
                (4) The goals and progress of the military departments
            related to the research, testing, and certification for use of
            alternative or synthetic fuels in military vehicles and
            aircraft.
                (5) An analysis of trends, levels of investment, and the
            development of refining capacity in the alternative or synthetic
            fuel industry capable of meeting fuel requirements for the
            Department of Defense.

        (c) Use of Federally Funded Research and Development Center.--The
    Secretary of Defense shall select a federally funded research and
    development center to perform the study required by subsection (a).
        (d) Report.--Not later than March 1, 2009, the federally funded
    research and development center shall submit to the congressional
    defense committees and the Secretary of Defense a report on the results
    of the study required by subsection (a).
    SEC. 335. <<NOTE: 10 USC 2911 note.>> MITIGATION OF POWER OUTAGE
                            RISKS FOR DEPARTMENT OF DEFENSE FACILITIES
                            AND ACTIVITIES.

        (a) Risk Assessment.--The Secretary of Defense shall conduct a
    comprehensive technical and operational risk assessment of the risks
    posed to mission critical installations, facilities, and activities of
    the Department of Defense by extended power outages resulting from
    failure of the commercial electricity supply or grid and related
    infrastructure.
        (b) Risk Mitigation Plans.--
                (1) In general.--The Secretary of Defense shall develop
            integrated prioritized plans to eliminate, reduce, or mitigate
            significant risks identified in the risk assessment under
            subsection (a).
                (2) Additional considerations.--In developing the risk
            mitigation plans under paragraph (1), the Secretary of Defense
            shall--
                        (A) prioritize the mission critical installations,
                    facilities, and activities that are subject to the
                    greatest and most urgent risks; and
                        (B) consider the cost effectiveness of risk
                    mitigation options.

        (c) Annual Report.--
                (1) In general.--The Secretary of Defense shall submit a
            report on the efforts of the Department of Defense to mitigate
            the risks described in subsection (a) as part of the budget
            justification materials submitted to Congress in support of the
            Department of Defense budget for fiscal year 2010 and each
            fiscal year thereafter (as submitted with the budget of the
            President under section 1105(a) of title 31, United States
            Code).
                (2) Content.--Each report submitted under paragraph (1)
            shall describe the integrated prioritized plans developed under
            subsection (b) and the progress made toward achieving the goals
            established under such subsection.

    [[Page 122 STAT. 4423]]

                               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

    [[Page 122 STAT. 4424]]

            Air Force, respectively, together with a complete list of bases
            or locations that were considered as possible sites for the
            coordinated training.
                (3) The estimated implementation and sustainment costs for
            the Air Force Common Battlefield Airmen Training and Navy
            Expeditionary Combat Skills courses.
                (4) The estimated cost savings, if any, which could result
            by carrying out such combat skills training at existing
            Department of Defense facilities or by using existing ground
            combat training resources.
    SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE ARMY
                            RESERVE AND NATIONAL GUARD AS AN
                            OPERATIONAL RESERVE.

        (a) Report Required.--Not later than June 1, 2009, the Comptroller
    General shall submit to the Committees on Armed Services of the Senate
    and House of Representatives a report on the use of the Army Reserve and
    Army National Guard forces as an operational reserve.
        (b) Elements.--The report required by subsection (a) shall include a
    description of current and programmed resources, force structure, and
    organizational challenges that the Army Reserve and Army National Guard
    forces may face serving as an operational reserve, including--
                (1) force structure;
                (2) manning;
                (3) equipment availability, maintenance, and logistics
            issues;
                (4) training constraints limiting access to--
                        (A) facilities and ranges, including the Combat
                    Training Centers; and
                        (B) military schools and skill training; and
                (5) any conflicts with requirements under title 32, United
            States Code.
    SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN PREPARATION
                            AND USE OF ARMY RESERVE COMPONENT FORCES
                            TO SUPPORT ONGOING OPERATIONS.

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

    [[Page 122 STAT. 4425]]

            to train and employ reserve component units for the purposes
            described in paragraph (1); and
                (3) any other information that the Comptroller General
            determines is relevant.
    SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF FUNDING,
                            STAFFING, AND ORGANIZATION OF DEPARTMENT
                            OF DEFENSE MILITARY MUNITIONS RESPONSE
                            PROGRAM.

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

                            Subtitle F--Other Matters

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

        Section 2222(i) of title 10, United States Code, is amended by
    striking ``2009'' and inserting ``2013''.
    SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED
                            DOCUMENTS, HISTORICAL ARTIFACTS, AND
                            CONDEMNED OR OBSOLETE COMBAT MATERIEL.

        Section 2572(d) of title 10, United States Code, is amended--
                (1) in paragraph (1), by adding at the end the following new
            sentence: ``The Secretary concerned shall ensure that an item
            authorized to be donated under this section is demilitarized in
            the interest of public safety, as determined necessary by the
            Secretary or the Secretary's delegee.''; and
                (2) in paragraph (2)(A), by inserting before the period at
            the end the following: ``, including any expense associated with
            demilitarizing an item under paragraph (1), for which the
            recipient of the item shall be responsible''.
    SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE
                            PROVIDE TRAINING AND SUPPORT TO OTHER
                            MILITARY DEPARTMENTS FOR A-10 AIRCRAFT.

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

    [[Page 122 STAT. 4426]]

    SEC. 354. <<NOTE: 10 USC 221 note.>> DISPLAY OF ANNUAL BUDGET
                            REQUIREMENTS FOR AIR SOVEREIGNTY ALERT
                            MISSION.

        (a) Submission With Annual Budget Justification Documents.--For
    fiscal year 2010 and each subsequent fiscal year, the Secretary of
    Defense shall submit to the President, for consideration by the
    President for inclusion with the budget materials submitted to Congress
    under section 1105(a) of title 31, United States Code, a consolidated
    budget justification display that covers all programs and activities of
    the Air Sovereignty Alert mission of the Air Force.
        (b) Requirements for Budget Display.--The budget display under
    subsection (a) for a fiscal year shall include for such fiscal year the
    following:
                (1) The funding requirements for the Air Sovereignty Alert
            mission, and the associated Command and Control mission,
            including such requirements for--
                        (A) military personnel costs;
                        (B) flying hours; and
                        (C) any other associated mission costs.
                (2) The amount in the budget for the Air Force for each of
            the items referred to in paragraph (1).
                (3) The amount in the budget for the Air National Guard for
            each such item.
    SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED.

        (a) Revision Required.--Not <<NOTE: Deadline.>> later than 90 days
    after the date of the enactment of this Act, the Secretary of the Air
    Force shall revise the Air Freight Transportation Regulation Number 5,
    dated January 15, 1999, to conform with Defense Transportation
    Regulations to ensure that freight covered by Air Freight Transportation
    Regulation Number 5 is carried in accordance with commercial best
    practices that are based upon a mode-neutral approach.

        (b) Mode-Neutral Approach Defined.--For purposes of this section,
    the term ``mode-neutral approach'' means a method of shipment that
    allows a shipper to choose a carrier with a time-definite performance
    standard for delivery without specifying a particular mode of conveyance
    and allows the carrier to select the mode of conveyance using best
    commercial practices as long as the mode of conveyance can reasonably be
    expected to ensure the time-definite delivery requested by the shipper.
    SEC. 356. TRANSFER OF C-12 AIRCRAFT TO CALIFORNIA DEPARTMENT OF
                            FORESTRY AND FIRE PROTECTION.

        (a) Authority.--The Secretary of the Army may convey to the
    California Department of Forestry and Fire Protection (hereinafter in
    this section referred to as ``CAL FIRE'') all right, title, and interest
    of the United States in three C-12 aircraft that the Secretary has
    determined are surplus to need.
        (b) Conveyance at No Cost to the United States.--The conveyance of
    an aircraft authorized by this section shall be made at no cost to the
    United States. Any costs associated with such conveyance, costs of
    determining compliance with terms of the conveyance, and costs of
    operation and maintenance of the aircraft conveyed shall be borne by CAL
    FIRE.
    SEC. 357. LIMITATION ON TREATMENT OF RETIRED B-52 AIRCRAFT FOR AIR
                            COMBAT COMMAND HEADQUARTERS.

        Section 131(a)(4) of the John Warner National Defense Authorization
    Act for Fiscal Year 2007 (Public Law 109-364; 120

    [[Page 122 STAT. 4427]]

    Stat. 2111), as amended by section 137(a)(2) of the National Defense
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
    32), is further amended by striking ``may use not more than 2 such
    aircraft for maintenance ground training'' and inserting ``may use not
    more than 4 such aircraft for maintenance ground training''.
    SEC. 358. <<NOTE: 10 USC 2302 note.>> INCREASE OF DOMESTIC
                            BREEDING OF MILITARY WORKING DOGS USED BY
                            THE DEPARTMENT OF DEFENSE.

        (a) Increased Capacity.--The Secretary of Defense, acting through
    the Executive Agent for Military Working Dogs (hereinafter in this
    section referred to as the ``Executive Agent''), shall--
                (1) identify the number of military working dogs required to
            fulfill the various missions of the Department of Defense for
            which such dogs are used, including force protection, facility
            and check point security, and explosives and drug detection;
                (2) take such steps as are practicable to ensure an adequate
            number of military working dog teams are available to meet and
            sustain the mission requirements identified in paragraph (1);
                (3) ensure that the Department's needs and performance
            standards with respect to military working dogs are readily
            available to dog breeders and trainers; and
                (4) coordinate with other Federal, State, or local agencies,
            nonprofit organizations, universities, or private sector
            entities, as appropriate, to increase the training capacity for
            military working dog teams.

        (b) Military Working Dog Procurement.--The Secretary, acting through
    the Executive Agent shall work to ensure that military working dogs are
    procured as efficiently as possible and at the best value to the
    Government, while maintaining the necessary level of quality and
    encouraging increased domestic breeding.
        (c) Military Working Dog Defined.--For purposes of this section, the
    term ``military working dog'' means a dog used in any official military
    capacity, as defined by the Secretary of Defense.

                   TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                            Subtitle A--Active Forces

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

                           Subtitle B--Reserve Forces

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

                   Subtitle C--Authorization of Appropriations

    Sec. 421. Military personnel.

    [[Page 122 STAT. 4428]]

                            Subtitle A--Active Forces

    SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

        The Armed Forces are authorized strengths for active duty personnel
    as of September 30, 2009, as follows:
                (1) The Army, 532,400.
                (2) The Navy, 326,323.
                (3) The Marine Corps, 194,000.
                (4) The Air Force, 317,050.
    SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
                            LEVELS.

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

                           Subtitle B--Reserve Forces

    SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

        (a) In General.--The Armed Forces are authorized strengths for
    Selected Reserve personnel of the reserve components as of September 30,
    2009, as follows:
                (1) The Army National Guard of the United States, 352,600.
                (2) The Army Reserve, 205,000.
                (3) The Navy Reserve, 66,700.
                (4) The Marine Corps Reserve, 39,600.
                (5) The Air National Guard of the United States, 106,756.
                (6) The Air Force Reserve, 67,400.
                (7) The Coast Guard Reserve, 10,000.

        (b) End Strength Reductions.--The end strengths prescribed by
    subsection (a) for the Selected Reserve of any reserve component shall
    be proportionately reduced by--
                (1) the total authorized strength of units organized to
            serve as units of the Selected Reserve of such component which
            are on active duty (other than for training) at the end of the
            fiscal year; and
                (2) the total number of individual members not in units
            organized to serve as units of the Selected Reserve of such
            component who are on active duty (other than for training or for
            unsatisfactory participation in training) without their consent
            at the end of the fiscal year.

        (c) End Strength Increases.--Whenever units or individual members of
    the Selected Reserve of any reserve component are released from active
    duty during any fiscal year, the end strength prescribed for such fiscal
    year for the Selected Reserve of such reserve component shall be
    increased proportionately by the total authorized strengths of such
    units and by the total number of such individual members.

    [[Page 122 STAT. 4429]]

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

        Within the end strengths prescribed in section 411(a), the reserve
    components of the Armed Forces are authorized, as of September 30, 2009,
    the following number of Reserves to be serving on full-time active duty
    or full-time duty, in the case of members of the National Guard, for the
    purpose of organizing, administering, recruiting, instructing, or
    training the reserve components:
                (1) The Army National Guard of the United States, 32,060.
                (2) The Army Reserve, 16,170.
                (3) The Navy Reserve, 11,099.
                (4) The Marine Corps Reserve, 2,261.
                (5) The Air National Guard of the United States, 14,360.
                (6) The Air Force Reserve, 2,733.
    SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

        The minimum number of military technicians (dual status) as of the
    last day of fiscal year 2009 for the reserve components of the Army and
    the Air Force (notwithstanding section 129 of title 10, United States
    Code) shall be the following:
                (1) For the Army Reserve, 8,395.
                (2) For the Army National Guard of the United States,
            27,210.
                (3) For the Air Force Reserve, 10,003.
                (4) For the Air National Guard of the United States, 22,452.
    SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL STATUS
                            TECHNICIANS.

        (a) Limitations.--
                (1) National guard.--Within the limitation provided in
            section 10217(c)(2) of title 10, United States Code, the number
            of non-dual status technicians employed by the National Guard as
            of September 30, 2009, may not exceed the following:
                        (A) For the Army National Guard of the United
                    States, 1,600.
                        (B) For the Air National Guard of the United States,
                    350.
                (2) Army reserve.--The number of non-dual status technicians
            employed by the Army Reserve as of September 30, 2009, may not
            exceed 595.
                (3) Air force reserve.--The number of non-dual status
            technicians employed by the Air Force Reserve as of September
            30, 2009, may not exceed 90.

        (b) Non-Dual Status Technicians Defined.--In this section, the term
    ``non-dual status technician'' has the meaning given that term in
    section 10217(a) of title 10, United States Code.
    SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
                            ACTIVE DUTY FOR OPERATIONAL SUPPORT.

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

    [[Page 122 STAT. 4430]]

                (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) <<NOTE: Termination date.>> A waiver granted under subsection
    (a)(2) shall terminate not later than 90 days after the date on which
    the designation of the major disaster or emergency that was the basis
    for the waiver expires.''.

        (c) Clerical Amendments.--
                (1) Section heading.--The heading of such section is amended
            to read as follows:
    ``Sec. 123a. Suspension of end-strength and other strength
                      limitations in time of war or national
                      emergency''.
                (2) Table of sections.--The table of sections at the
            beginning of chapter 3 of such title is amended by striking the
            item relating to section 123a and inserting the following new
            item:

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

                   Subtitle C--Authorization of Appropriations

    SEC. 421. MILITARY PERSONNEL.

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

    [[Page 122 STAT. 4431]]

                       TITLE V--MILITARY PERSONNEL POLICY

                 Subtitle A--Officer Personnel Policy Generally

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

                    Subtitle B--Reserve Component Management

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

              Subtitle C--Joint Qualified Officers and Requirements

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

                     Subtitle D--General Service Authorities

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

                       Subtitle E--Education and Training

    Sec. 540. Authorized strength of military service academies and repeal
               of prohibition on phased increase in midshipmen and cadet
               strength limit at Naval Academy and Air Force Academy.
    Sec. 541. Promotion of foreign and cultural exchange activities at
               military service academies.
    Sec. 542. Increased authority to enroll defense industry employees in
               defense product development program.
    Sec. 543. Expanded authority for institutions of professional military
               education to award degrees.

    [[Page 122 STAT. 4432]]

    Sec. 544. Tuition for attendance of Federal employees at the United
               States Air Force Institute of Technology.
    Sec. 545. Increase in number of permanent professors at the United
               States Air Force Academy.
    Sec. 546. Requirement of completion of service under honorable
               conditions for purposes of entitlement to educational
               assistance for reserve component members supporting
               contingency operations.
    Sec. 547. Consistent education loan repayment authority for health
               professionals in regular components and Selected Reserve.
    Sec. 548. Increase in number of units of Junior Reserve Officers'
               Training Corps.
    Sec. 549. Correction of erroneous Army College Fund benefit amounts.
    Sec. 550. Enhancing education partnerships to improve accessibility and
               flexibility for members of the Armed Forces.

                    Subtitle F--Defense Dependents' Education

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

                          Subtitle G--Military Justice

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

            Subtitle H--Decorations, Awards, and Honorary Promotions

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

                          Subtitle I--Military Families

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

                            Subtitle J--Other Matters

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

                 Subtitle A--Officer Personnel Policy Generally

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

        Section 1305(a) of title 10, United States Code, is amended--
                (1) by striking ``A regular warrant officer who has at least
            30 years of active service as a warrant officer that could be

    [[Page 122 STAT. 4433]]

            credited to him'' and inserting ``(1) A regular warrant officer
            (other than a regular Army warrant officer) who has at least 30
            years of active service that could be credited to the officer'';
            and
                (2) by adding at the end the following new paragraph:

        ``(2) In the case of a regular Army warrant officer, the calculation
    of years of active service under paragraph (1) shall include only years
    of active service as a warrant officer.''.
    SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND
                            WARRANTS.

        (a) Posthumous Commissions.--Section 1521 of title 10, United States
    Code, is amended--
                (1) in subsection (a), by striking ``in line of duty'' each
            place it appears; and
                (2) by adding at the end the following new subsection:

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

        ``(c) A warrant issued under subsection (a) in connection with the
    promotion of a deceased member to a higher grade shall require a finding
    by the Secretary concerned that, at the time of death of the member, the
    member was qualified for appointment to that higher grade.''.
    SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE DUTY IN
                            THE ARMY AND MARINE CORPS, LIMITED
                            EXCLUSION FOR JOINT DUTY REQUIREMENTS, AND
                            INCREASE IN NUMBER OF OFFICERS SERVING IN
                            GRADES ABOVE MAJOR GENERAL AND REAR
                            ADMIRAL.

        (a) Increase in Number of Army General Officers.--Section 526(a)(1)
    of title 10, United States Code, is amended by striking ``302'' and
    inserting ``307''.
        (b) Increase in Number of Marine Corps General Officers.--Section
    526(a)(4) of such title is amended by striking ``80'' and inserting
    ``81''.
        (c) Increase in Exclusion for Joint Duty Requirements.--Section
    526(b)(1) of such title is amended by striking ``12'' and inserting
    ``65''.
        (d) Increase in Number of Officers Serving in Grades Above Major
    General and Rear Admiral.--Section 525 of such title is amended--
                (1) in the first sentence of subsection (a), by striking
            ``that armed force'' and inserting ``the Army or Air Force, or
            more than 51 percent of the general officers of the Marine
            Corps,''; and
                (2) in subsection (b)--
                        (A) in paragraphs (1) and (2)(A), by striking ``16.3
                    percent'' each place it appears and inserting ``16.4
                    percent''; and
                        (B) in paragraph (2)(B), by striking ``17.5
                    percent'' and inserting ``19 percent''.

    [[Page 122 STAT. 4434]]

        (e) Acquisition <<NOTE: 10 USC 526 note.>> and Contracting
    Billets.--
                (1) Reservation of army increase.--The increase in the
            number of general officers on active duty in the Army, as
            authorized by the amendment made by subsection (a) is reserved
            for general officers in the Army who serve in an acquisition
            position.
                (2) Reservation of portion of increase in joint duty
            assignments excluded from limitation.--Of the increase in the
            number of general officer and flag officer joint duty
            assignments that may be designated for exclusion from the
            limitations on the number of general officers and flag officers
            on active duty, as authorized by the amendment made by
            subsection (c), five of the designated assignments are reserved
            for general officers or flag officers who serve in an
            acquisition position, including one assignment in the Defense
            Contract Management Agency.
    SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE TO THE
                            COMMANDANT OF THE MARINE CORPS.

        (a) Grade of Staff Judge Advocate to the Commandant of the Marine
    Corps.--Section 5046(a) of title 10, United States Code, is amended by
    striking the last sentence and inserting the following new sentence:
    ``The Staff Judge Advocate to the Commandant of the Marine Corps, while
    so serving, has the grade of major general.''.
        (b) Exclusion From General Officer Distribution Limitations.--
    Section 525(a) of such title, as amended by section 503, is further
    amended--
                (1) by inserting ``(1)'' after ``(a)''; and
                (2) by adding at the end the following new paragraph:

        ``(2) An officer while serving in the position of Staff Judge
    Advocate to the Commandant of the Marine Corps under section 5046 of
    this title is in addition to the number that would otherwise be
    permitted for the Marine Corps for officers in grades above brigadier
    general under the first sentence of paragraph (1).''.
    SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS OF
                            INQUIRY FOR SEPARATION OF REGULAR OFFICERS
                            FOR SUBSTANDARD PERFORMANCE AND OTHER
                            REASONS.

        (a) Eligibility.--Section 1187 of title 10, United States Code, is
    amended--
                (1) in subsection (a)--
                        (A) by striking paragraph (2); and
                        (B) by redesignating paragraphs (3) and (4) as
                    paragraphs (2) and (3), respectively; and
                (2) in subsection (b), by striking ``on active duty'' in the
            matter preceding paragraph (1).

        (b) Conforming Amendment.--The heading of subsection (a) of such
    section is amended by striking ``Active Duty Officers'' and inserting
    ``In General''.
    SEC. 506. <<NOTE: 10 USC 525 note.>> DELAYED AUTHORITY TO ALTER
                            DISTRIBUTION REQUIREMENTS FOR COMMISSIONED
                            OFFICERS ON ACTIVE DUTY IN GENERAL OFFICER
                            AND FLAG OFFICER GRADES AND LIMITATIONS ON
                            AUTHORIZED STRENGTHS OF GENERAL AND FLAG
                            OFFICERS ON ACTIVE DUTY.

        (a) Implementation of Special General Officer and Flag Officer
    Authority.--

    [[Page 122 STAT. 4435]]

                (1) Report on proposed implementation.--The Secretary of
            Defense shall submit to the Committees on Armed Forces of the
            Senate and House of Representatives a report, reflecting input
            from the Armed Forces, containing the following:
                        (A) A statement of the total number of validated and
                    required joint duty assignments for general officers and
                    flag officers and the total number of validated
                    assignments for general officers and flag officers
                    required by the Army, Navy, Air Force, and Marine Corps
                    to meet internal (non-joint) requirements.
                        (B) A description of the process used by the
                    Secretary of Defense and the Secretary of the military
                    department concerned to validate joint general officer
                    and flag officer requirements and authorizations under
                    the authority provided by this section and how that
                    process will function to make adjustments (increases and
                    reductions) in the numbers of general officers and flag
                    officers required for joint duty assignments and
                    internal requirements of the Armed Force concerned.
                        (C) A description of how the Secretary of Defense
                    intends to minimize the incremental approaches to
                    increases in the number of general officers and flag
                    officers and the use of exemptions to effect such
                    increases.
                        (D) A description of how the Secretaries of the
                    military departments intend to manage the increase and
                    development of general officer and flag officer
                    positions under the authority provided by this section.
                        (E) An explanation of and rationale for the grade
                    distribution of the general and flag officers in the
                    joint pool authorized by subsection (f)(1).
                        (F) A proposal specifying such legislative changes,
                    including technical and conforming changes, as may be
                    necessary to conform sections 525, 526, and 721 of title
                    10, United States Code, and such other provisions of
                    such title relating to the management of general
                    officers and flag officers to the authorities provided
                    by this section.
                (2) Time for implementation.--After the end of the one-year
            period beginning on the date on which the Secretary of Defense
            submits the report required by paragraph (1), the Secretary of
            Defense may implement the authorities provided by this section
            regarding the distribution of commissioned officers on active
            duty in general officer and flag officer grades and altering the
            limitations on authorized strengths of general and flag officers
            on active duty.
                (3) Effect of implementation.--After the implementation date
            specified in paragraph (2), the authorities provided by this
            section supersede any requirement of section 525, 526, or 721 of
            title 10, United States Code, to the contrary.

        (b) Distribution of General and Flag Officers.--After the
    implementation date specified in subsection (a)(2), no appointment of an
    officer on the active duty list officer may be made--
                (1) in the Army, if that appointment would result in more
            than--
                        (A) 225 officers serving on active duty above the
                    grade of colonel;
                        (B) 7 officers in the grade of general;

    [[Page 122 STAT. 4436]]

                        (C) 45 officers in a grade above the grade of major
                    general; or
                        (D) 90 officers in the grade of major general;
                (2) in the Air Force, if that appointment would result in
            more than--
                        (A) 208 officers serving on active duty in a grade
                    above the grade of colonel;
                        (B) 9 officers in the grade of general;
                        (C) 43 officers in a grade above the grade of major
                    general; or
                        (D) 73 officers in the grade of major general;
                (3) in the Navy, if that appointment would result in more
            than--
                        (A) 160 officers serving on active duty in a grade
                    above the grade of captain;
                        (B) 6 officers in the grade of admiral;
                        (C) 32 officers in a grade above the grade of rear
                    admiral; or
                        (D) 50 officers in the grade of rear admiral; or
                (4) in the Marine Corps, if that appointment would result in
            more than--
                        (A) 60 officers serving on active duty in a grade
                    above the grade of colonel;
                        (B) 2 officers in the grade of general;
                        (C) 15 officers in a grade above the grade of major
                    general; or
                        (D) 22 officers in the grade of major general.

        (c) Exclusion of Certain Officers From Distribution Limits.--
                (1) Joint assignments.--The <<NOTE: Time
            period.>> limitations contained in subsection (b) do not apply
            to officers serving in joint duty assignments, as designated by
            the Secretary of Defense under section 526(b) of title 10,
            United States Code, or this section or for officers released
            from joint duty assignments, but only during the 60-day period
            beginning on the date the officer departs the joint duty
            assignment. Of the officers serving in such joint duty
            assignments--
                        (A) the number of officers in the grade of general
                    or admiral may not exceed 20;
                        (B) the number of officers in a grade above the
                    grade of major general or rear admiral may not exceed
                    68; and
                        (C) the number of officers in the grade of major
                    general or rear admiral may not exceed 144.
                (2) Officers after relief from certain positions.--An
            officer continuing to hold the grade of general or admiral under
            section 601(b)(4) of title 10 United States Code, after relief
            from the position of Chairman of the Joint Chiefs of Staff,
            Chief of Staff of the Army, Chief of Naval Operations, Chief of
            Staff of the Air Force, or Commandant of the Marine Corps shall
            not be counted for purposes of subsection (b).
                (3) Attending physician.--An officer while serving as
            Attending Physician to the Congress is in addition to the number
            that would otherwise be permitted for that officer's Armed Force
            for officers serving on active duty in grades above brigadier
            general or rear admiral (lower half) under subsection (b).

    [[Page 122 STAT. 4437]]

                (4) Officers pending retirement or after relief and related
            circumstances.--The following officers shall not be counted for
            purposes of subsection (b):
                        (A) An officer of an Armed Force in the grade of
                    brigadier general or above or, in the case of the Navy,
                    in the grade of rear admiral (lower half) or above, who
                    is on leave pending the retirement, separation, or
                    release of that officer from active duty, but only
                    during the 60-day period beginning on the date of the
                    commencement of such leave of such officer.
                        (B) An officer of an Armed Force who has been
                    relieved from a position designated under section 601(a)
                    of title 10, United States Code, and is under orders to
                    assume another such position, but only during the 60-day
                    period beginning on the date on which those orders are
                    published.

        (d) Appointments in Excess of Distribution Limits.--
                (1) Appointment authority.--Subject <<NOTE: President.>> to
            paragraph (3), the President--
                        (A) may make appointments in the Army, Air Force,
                    and Marine Corps in the grade of lieutenant general and
                    in the Army, Air Force, and Marine Corps in the grade of
                    general in excess of the applicable numbers determined
                    under subsection (b) if each such appointment is made in
                    conjunction with an offsetting reduction under paragraph
                    (2); and
                        (B) may make appointments in the Navy in the grades
                    of vice admiral and admiral in excess of the applicable
                    numbers determined under subsection (b) if each such
                    appointment is made in conjunction with an offsetting
                    reduction under paragraph (2).
                (2) Offsetting reductions.--For each appointment made under
            the authority of paragraph (1) in the Army, Air Force, or Marine
            Corps in the grade of lieutenant general or general or in the
            Navy in the grade of vice admiral or admiral, the number of
            appointments that may be made in the equivalent grade in one of
            the other Armed Forces (other than the Coast Guard) shall be
            reduced by <<NOTE: President.>> one. When such an appointment is
            made, the President shall specify the Armed Force in which the
            reduction required by this paragraph is to be made.
                (3) Maximum.--The number of officers that may be serving on
            active duty in the grades of lieutenant general and vice admiral
            by reason of appointments made under the authority of paragraph
            (1) may not exceed 15. The number of officers that may be
            serving on active duty in the grades of general and admiral by
            reason of appointments made under the authority of paragraph (1)
            may not exceed 5.
                (4) Duration of reduction.--Upon the termination of the
            appointment of an officer in the grade of lieutenant general or
            vice admiral or general or admiral that was made in connection
            with an increase under paragraph (1) in the number of officers
            that may be serving on active duty in that Armed Force in that
            grade, the reduction made under paragraph (2) in the number of
            appointments permitted in such grade in another Armed Force by
            reason of that increase shall no longer be in effect.

    [[Page 122 STAT. 4438]]

        (e) Authorized Strength Limits for General and Flag Officers on
    Active Duty.--After the implementation date specified in subsection
    (a)(2), the number of general officers on active duty in the Army, Air
    Force, and Marine Corps, and the number of flag officers on active duty
    in the Navy, may not exceed the number specified for the Armed Force
    concerned as follows:
                (1) For the Army, 225.
                (2) For the Navy, 160.
                (3) For the Air Force, 208.
                (4) For the Marine Corps, 60.

        (f) Limited Exclusion for Joint Duty Requirements.--
                (1) Designation of positions.--The Secretary of Defense may
            designate up to 324 general officer and flag officer positions
            that are joint duty assignments for the purposes of chapter 38
            of title 10, United States Code, for exclusion from the
            limitations in subsection (e). The Secretary of Defense will
            allocate these exclusions to the Armed Forces based on the
            number of general or flag officers required from each Armed
            Force for assignment to these designated positions.
                (2) Minimum number of positions.--Unless the Secretary of
            Defense determines that a lower number is in the best interests
            of the United States, the minimum number of officers serving in
            positions designated under paragraph (1) for each Armed Force
            shall be as follows:
                        (A) For the Army, 85.
                        (B) For the Navy, 61.
                        (C) For the Air Force, 76.
                        (D) For the Marine Corps, 21.

        (g) Temporary Exclusion for Assignment to Certain Temporary
    Billets.--The limitations in subsection (e) do not apply to a general or
    flag officer assigned to a temporary joint duty assignment billet
    designated by the Secretary of Defense for purposes of this section. A
    general or flag officer assigned to a temporary joint duty assignment as
    described in this subsection may not be excluded under this subsection
    from the limitations in subsection (e) for a period longer than one
    year.
        (h) Exclusion of Certain Reserve Officers.--
                (1) Distribution limits.--The limitations of subsection (b)
            do not apply to a reserve component general or flag officer who
            is on active duty and serving in billets other than joint duty
            assignments under a call or order specifying a period of not
            longer than two years.
                (2) Authorized strength limits.--The limitations in
            subsection (e) do not apply to a reserve component general or
            flag officer who is on active duty and serving in a position
            that is a joint duty assignment for the purposes of chapter 38
            of title 10, United States Code, for a period not to exceed
            three years.

        (i) Pending or After Joint Duty Assignments.--Upon determination by
    the Secretary of Defense that such action is in the national interest,
    the Secretary may allow the Secretary of a military department to exceed
    the distribution of general and flag officers established under
    subsection (b) and the limitation in subsection (e) for up to one year
    for officers pending assignment to or return from joint duty assignments
    designated under section 526(b) of title 10, United States Code, or this
    section.

    [[Page 122 STAT. 4439]]

                    Subtitle B--Reserve Component Management

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

        Section 10216(f) of title 10, United States Code, is amended by
    inserting ``and the Secretary of the Air Force'' after ``Secretary of
    the Army''.
    SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN ARMY
                            NATIONAL GUARD, MARINE CORPS RESERVE, AND
                            AIR NATIONAL GUARD OFFICERS AND ARMY
                            NATIONAL GUARD ENLISTED PERSONNEL SERVING
                            ON FULL-TIME RESERVE COMPONENT DUTY.

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

         ``Army National Guard:

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

        ``Marine Corps Reserve:

    1,000..........................           99            63            20
    1,200..........................          103            67            21
    1,300..........................          107            70            22
    1,400..........................          111            73            23
    1,500..........................          114            76            24
    1,600..........................          117            79            25
    1,700..........................          120            82            26
    1,800..........................          123            85            27
    1,900..........................          126            88            28

    [[Page 122 STAT. 4440]]

    2,000..........................          129            91            29
    2,100..........................          132            94            30
    2,200..........................          134            97            31
    2,300..........................          136           100            32
    2,400..........................          138           103            33
    2,500..........................          140           106            34
    2,600..........................          142           109         35''.

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

         ``Air National Guard:

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

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

                ``Army National Guard:

    20,000.......................................        1,650           550
    22,000.......................................        1,775           615
    24,000.......................................        1,950           645
    26,000.......................................        2,100           675
    28,000.......................................        2,250           715
    30,000.......................................        2,400           735
    32,000.......................................        2,500           760

    [[Page 122 STAT. 4441]]

    34,000.......................................        2,600           780
    36,000.......................................        2,700           800
    38,000.......................................        2,800           820
    40,000.......................................        2,900           830
    42,000.......................................        3,000        840''.

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

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

        ``(2) If''.
        (b) Consideration for Promotion by Examination for Federal
    Recognition.--Subsection (e)(1)(B) of such section is amended by
    inserting before the period at the end the following: ``, or by
    examination for Federal recognition under title 32''.
    SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE
                            OFFICERS.

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

        (c) Clerical Amendments.--
                (1) Section heading.--The heading of section 14702 of such
            title is amended to read as follows:

    [[Page 122 STAT. 4442]]

    ``Sec. 14702. Retention on reserve active-status list of certain
                        officers in the grade of major, lieutenant
                        colonel, colonel, or brigadier general''.
                (2) Table of sections.--The table of sections at the
            beginning of chapter 1409 of such title is amended by striking
            the item relating to section 14702 and inserting the following
            new item:

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

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

        Section 14508 of title 10, United States Code, is amended--
                (1) by redesignating subsection (g) as subsection (h); and
                (2) by inserting after subsection (f) the following new
            subsection (g):

        ``(g) Retention of Lieutenant Generals.--A reserve officer of the
    Army or Air Force in the grade of lieutenant general who would otherwise
    be removed from an active status under subsection (c) may, in the
    discretion of the Secretary of the Army or the Secretary of the Air
    Force, as the case may be, be retained in an active status, but not
    later than the date on which the officer becomes 66 years of age.''.
    SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS IN
                            MEDICAL AND RELATED SPECIALTIES UNTIL AGE
                            68.

        (a) Reserve Chaplains and Medical Officers.--Section 14703(b) of
    title 10, United States Code, is amended by striking ``67 years'' and
    inserting ``68 years''.
        (b) National Guard Chaplains and Medical Officers.--Section 324 of
    title 32, United States Code, is amended by adding at the end the
    following new subsection:
        ``(c) Notwithstanding subsection (a)(1), an officer of the National
    Guard serving as a chaplain, medical officer, dental officer, nurse,
    veterinarian, Medical Service Corps officer, or biomedical sciences
    officer may be retained, with the officer's consent, until the date on
    which the officer becomes 68 years of age.''.
    SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF
                            NATIONAL GUARD OFFICERS.

        (a) Dual Duty Status Authorized for Any Officer on Active Duty.--
    Subsection (a)(2) of section 325 of title 32, United States Code, is
    amended by striking ``in command of a National Guard unit''.
        (b) Advance Authorization and Consent to Dual Duty Status.--Such
    section is further amended--
                (1) by redesignating subsection (b) as subsection (c); and
                (2) by inserting after subsection (a) the following new
            subsection (b):

        ``(b) Advance Authorization and Consent.--The President and the
    Governor of a State or Territory, or of the Commonwealth of Puerto Rico,
    or the commanding general of the District of Columbia National Guard, as
    applicable, may give the authorization or consent required by subsection
    (a)(2) with respect to an officer in advance for the purpose of
    establishing the succession of command of a unit.''.

    [[Page 122 STAT. 4443]]

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

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

        (c) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Secretary of the Navy shall submit to the Committee on
    Armed Services of the Senate and House of Representatives a report
    containing the results of the study.
    SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN SKILLS
                            OF MEMBERS OF THE RESERVE COMPONENTS OF
                            THE ARMED FORCES.

        Not later than March 1, 2009, the Secretary of Defense shall submit
    to the congressional defense committees a report on the feasibility and
    advisability, utility, and cost effectiveness of the following:
                (1) The collection by the Department of Defense of
            information on the civilian skills, qualifications, and
            professional certifications of members of the reserve components
            of the Armed Forces that are relevant to military manpower
            requirements.
                (2) The establishment by each military department, and by
            the Department of Defense generally, of a system that would
            match billets and personnel requirements with members of the
            reserve components of the Armed Forces who have skills,

    [[Page 122 STAT. 4444]]

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

              Subtitle C--Joint Qualified Officers and Requirements

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

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

        (b) Clerical Amendments.--
                (1) Section heading.--The heading of such section is amended
            to read as follows:
    ``Sec. 619a. Eligibility for consideration for promotion:
                      designation as joint qualified officer required
                      before promotion to general or flag grade;
                      exceptions''.
                (2) Table of sections.--The table of sections at the
            beginning of subchapter II of chapter 36 of such title is
            amended by striking the item relating to section 619a and
            inserting the following new item:

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

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

        (a) Reference to Joint Qualified Officer.--
                (1) In general.--Subsection (a) of section 661 of title 10,
            United States Code, is amended in the second sentence by
            striking ``in such manner as the Secretary of Defense directs''

    [[Page 122 STAT. 4445]]

            and inserting ``as a joint qualified officer or in such other
            manner as the Secretary of Defense directs''.
                (2) Section heading.--The heading of such section is amended
            to read as follows:
    ``Sec. 661. Management policies for joint qualified officers''.
                (3) Table of sections.--The table of sections at the
            beginning of chapter 38 of such title is amended by striking the
            item related to section 661 and inserting the following new
            item:

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

        (b) Joint Duty Assignments After Completion of Joint Professional
    Military Education.--Section 663 of such title is amended--
                (1) in subsection (a)--
                        (A) in the subsection heading, by striking ``Joint
                    Specialty'' and inserting ``Joint Qualified''; and
                        (B) by striking ``with the joint specialty'' and
                    inserting ``designated as a joint qualified officer'';
                    and
                (2) in subsection (b)(1), by striking ``do not have the
            joint specialty'' and inserting ``are not designated as a joint
            qualified officer''.

        (c) Procedures for Monitoring Careers of Joint Qualified Officers.--
                (1) In general.--Section 665 of such title is amended--
                        (A) in subsection (a)(1)(A), by striking ``with the
                    joint specialty'' and inserting ``designated as a joint
                    qualified officer''; and
                        (B) in subsection (b)(1), by striking ``with the
                    joint specialty'' and inserting ``designated as a joint
                    qualified officer''.
                (2) Section heading.--The heading of such section is amended
            to read as follows:
    ``Sec. 665. Procedures for monitoring careers of joint qualified
                    officers''.
                (3) Table of sections.--The table of sections at the
            beginning of chapter 38 of such title is amended by striking the
            item related to section 665 and inserting the following new
            item:

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

        (d) Joint Specialty Terminology in Annual Report.--Section 667 of
    such title is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by striking ``selected for
                    the joint specialty'' and inserting ``designated as a
                    joint qualified officer''; and
                        (B) in subparagraph (B), by striking ``selection for
                    the joint specialty'' and inserting ``designation as a
                    joint qualified officer,'';
                (2) in paragraph (2), by striking ``with the joint
            specialty'' and inserting ``designated as a joint qualified
            officer'';
                (3) in paragraph (3), by striking ``selected for the joint
            specialty'' each place it appears and inserting ``designated as
            a joint qualified officer'';

    [[Page 122 STAT. 4446]]

                (4) in paragraph (4)--
                        (A) in subparagraph (A), by striking ``selected for
                    the joint specialty'' and inserting ``designated as a
                    joint qualified officer''; and
                        (B) by striking subparagraph (B) and inserting the
                    following new subparagraph:
                        ``(B) a comparison of the number of officers who
                    were designated as a joint qualified officer who had
                    served in a Joint Duty Assignment List billet and
                    completed Joint Professional Military Education Phase
                    II, with the number designated as a joint qualified
                    officer based on their aggregated joint experiences and
                    completion of Joint Professional Military Education
                    Phase II.'';
                (5) by striking paragraphs (5) through (10), (13), and (16),
            and redesignating paragraphs (11), (12), (14), (15), (17), and
            (18) as paragraphs (7), (8), (9), (10), (12), and (13),
            respectively;
                (6) by inserting after paragraph (4) the following new
            paragraphs:
                ``(5) The promotion rate for officers designated as a joint
            qualified officer, compared with the promotion rate for other
            officers considered for promotion from within the promotion zone
            in the same pay grade and the same competitive category. A
            similar comparison will be made for officers both below the
            promotion zone and above the promotion zone.
                ``(6) An analysis of assignments of officers after their
            designation as a joint qualified officer.''; and
                (7) by inserting after paragraph (10), as redesignated by
            paragraph (5) of this subsection, the following new paragraph
            (11):
                ``(11) The number of officers in the grade of captain (or in
            the case of the Navy, lieutenant) and above certified at each
            level of joint qualification as established in regulation and
            policy by the Secretary of Defense with the advice of the
            Chairman of the Joint Chiefs of Staff. Such numbers shall be
            reported by service and grade of the officer.''.
    SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED
                            OFFICERS.

        Section 662 of title 10, United States Code, is amended--
                (1) in subsection (a)(2), by striking ``officers who are
            serving or have served in joint duty assignments'' and inserting
            ``officers in the grade of major (or in the case of the Navy,
            lieutenant commander) or above who have been designated as a
            joint qualified officer''; and
                (2) in subsection (b), by inserting after ``joint duty
            assignments'' the following: ``or on the Joint Staff, and
            officers who have been designated as a joint qualified officer
            in the grades of major (or in the case of the Navy, lieutenant
            commander) through colonel (or in the case of the Navy,
            captain)''.
    SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

        (a) Service Excluded From Tour Length.--Subsection (d) of section
    664 of title 10, United States Code, is amended--
                (1) in paragraph (1), by striking subparagraph (D) and
            inserting the following new subparagraph (D):
                        ``(D) a qualifying reassignment from a joint duty
                    assignment--

    [[Page 122 STAT. 4447]]

                              ``(i) for unusual personal reasons, including
                          extreme hardship and medical conditions, beyond
                          the control of the officer or the armed forces; or
                              ``(ii) to another joint duty assignment
                          immediately after--
                                        ``(I) the officer was promoted to a
                                    higher grade, if the reassignment was
                                    made because no joint duty assignment
                                    was available within the same
                                    organization that was commensurate with
                                    the officer's new grade; or
                                        ``(II) the officer's position was
                                    eliminated in a reorganization.''; and
                (2) by striking paragraph (3) and inserting the following
            new paragraph (3):
                ``(3) Service in a joint duty assignment in a case in which
            the officer's tour of duty in that assignment brings the
            officer's accrued service for purposes of subsection (f)(3) to
            the applicable standard prescribed in subsection (a).''.

        (b) Computing Average Length of Joint Duty Assignments.--Subsection
    (e) of such section is amended by striking paragraph (2) and inserting
    the following new paragraph (2):
        ``(2) In computing the average length of joint duty assignments for
    purposes of paragraph (1), the Secretary may exclude the following
    service:
                ``(A) Service described in subsection (c).
                ``(B) Service described in subsection (d).
                ``(C) Service described in subsection (f)(6).''.

        (c) Completion of Tour of Duty.--Subsection (f) of such section is
    amended--
                (1) in paragraph (3), by striking ``Cumulative service'' and
            inserting ``Accrued joint experience'';
                (2) in paragraph (4), by striking ``(except'' and all that
            follows through ``any time)''; and
                (3) by striking paragraph (6) and inserting the following
            new paragraph (6):
                ``(6) A second and subsequent joint duty assignment that is
            less than the period required under subsection (a), but not less
            than two years.''.

        (d) Accrued Joint Experience as Full Tour of Duty.--Subsection (g)
    of such section is amended to read as follows:
        ``(g) Accrued Joint Experience.--For the purposes of subsection
    (f)(3), the Secretary of Defense may prescribe, by regulation, certain
    joint experience, such as temporary duty in joint assignments, joint
    individual training, and participation in joint exercises, that may be
    aggregated to equal a full tour of duty. The Secretary shall prescribe
    the regulations with the advice of the Chairman of the Joint Chiefs of
    Staff.''.
        (e) Constructive Credit.--Subsection (h) of such section is
    amended--
                (1) in paragraph (1), by striking ``subsection (f)(1),
            (f)(2), (f)(4), or (g)(2)'' and inserting ``paragraphs (1), (2),
            and (4) of subsection (f)''; and
                (2) by striking paragraph (3).

        (f) Repeal of Joint Duty Credit for Certain Joint Task Force
    Assignments.--Such section is further amended by striking subsection
    (i).

    [[Page 122 STAT. 4448]]

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

        Section 526(b)(2)(A) of title 10, United States Code, is amended by
    striking ``a general and flag officer position'' and inserting ``up to
    three general and flag officer positions''.
    SEC. 526. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF
                            RESERVE GENERAL AND FLAG OFFICERS IN
                            ACTIVE STATUS SERVING IN JOINT DUTY
                            ASSIGNMENTS.

        (a) Exclusion of army and Air Force Officers Serving in Joint Duty
    Assignments.--Subsection (b) of section 12004 of title 10, United States
    Code, is amended by adding at the end the following new paragraph;
                ``(4) Those serving in a joint duty assignment for purposes
            of chapter 38 of this title, except that the number of officers
            who may be excluded under this paragraph may not exceed the
            number equal to 20 percent of the number of officers authorized
            for the armed force concerned by subsection (a).''.

        (b) Exclusion of Navy Officers Serving in Joint Duty Assignments.--
    Subsection (c) of such section is amended--
                (1) by redesignating paragraphs (2), (3), and (4) as
            paragraphs (3), (4), and (5), respectively; and
                (2) in paragraph (1), by striking ``(1)'' and all that
            follows through ``as follows:'' and inserting the following:

        ``(1) The following Navy reserve officers shall not be counted for
    purposes of this section:
                ``(A) Those counted under section 526 of this title.
                ``(B) Those serving in a joint duty assignment for purposes
            of chapter 38 of this title, except that the number of officers
            who may be excluded under this paragraph may not exceed the
            number equal to 20 percent of the number of officers authorized
            for the Navy in subsection (a).

        ``(2) Of the number of Navy reserve officers authorized by
    subsection (a), 40 are distributed among the line and staff corps as
    follows:''.
        (c) Exclusion of Marine Corps Officers Serving in Joint Duty
    Assignments.--Subsection (d) of such section is amended to read as
    follows:
        ``(d) The following Marine Corps reserve officers shall not be
    counted for purposes of this section:
                ``(1) Those counted under section 526 of this title.
                ``(2) Those serving in a joint duty assignment for purposes
            of chapter 38 of this title, except that the number of officers
            who may be excluded under this paragraph may not exceed the
            number equal to 20 percent of the number of officers authorized
            for the Marine Corps in subsection (a).''.
    SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE THROUGH THE
                            DEPARTMENT OF DEFENSE.

        (a) Reports Required.--Not later than April 1 of each of 2009, 2010,
    and 2011, the Chairman of the Joint Chiefs of Staff shall submit to
    Congress a report setting forth information on the joint education
    courses available through the Department of Defense for purposes of the
    pursuit of joint careers by officers in the Armed Forces.

    [[Page 122 STAT. 4449]]

        (b) Elements.--Each report under subsection (a) shall include, for
    the preceding year covered by the report, the following:
                (1) A list and description of the joint education courses
            available during the year covered by the report.
                (2) A list and description of the joint education courses
            listed under paragraph (1) that are available to, and may be
            completed by, officers of the reserve components of the Armed
            Forces in other than an in-resident duty status under title 10
            or 32, United States Code.
                (3) For each joint education course listed under paragraph
            (1), the number of officers from each Armed Force who pursued
            the course during the year covered by the report, including the
            number of officers of the Army National Guard and Air National
            Guard who pursued the course.

                     Subtitle D--General Service Authorities

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

        (a) Increase to Eight-Year Maximum.--Section 505(d) of title 10,
    United States Code, is amended--
                (1) in paragraph (2), by striking ``six years'' and
            inserting ``eight years''; and
                (2) in paragraph (3)(A), by striking ``six years'' and
            inserting ``eight years''.

        (b) Conforming Amendment Regarding Reenlistment Bonus.--Section
    308(a)(2)(A)(ii) of title 37, United States Code, is amended by striking
    ``not to exceed six''.
    SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.

        (a) Leave Authorized.--Section 701 of title 10, United States Code,
    is amended by adding at the end the following new subsection:
        ``(j)(1) <<NOTE: Regulations.>> Under regulations prescribed by the
    Secretary concerned, a married member of the armed forces on active duty
    whose wife gives birth to a child shall receive 10 days of leave to be
    used in connection with the birth of the child.

        ``(2) Leave under paragraph (1) is in addition to other leave
    authorized under this section.''.
        (b) Effective Date.--The <<NOTE: 10 USC 701 note.>> amendment made
    by subsection (a) shall take effect on the date of the enactment of this
    Act and applies only with respect to children born on or after that
    date.
    SEC. 533. <<NOTE: 10 USC 701 note.>> PILOT PROGRAMS ON CAREER
                            FLEXIBILITY TO ENHANCE RETENTION OF
                            MEMBERS OF THE ARMED FORCES.

        (a) Pilot Programs Authorized.--
                (1) In general.--Each Secretary of a military department may
            carry out pilot programs under which officers and enlisted
            members of the regular components of the Armed Forces under the
            jurisdiction of such Secretary may be inactivated from active
            duty in order to meet personal or professional needs and
            returned to active duty at the end of such period of
            inactivation from active duty.
                (2) Purpose.--The purpose of the pilot programs under this
            section shall be to evaluate whether permitting inactivation
            from active duty and greater flexibility in career paths for
            members of the Armed Forces will provide an effective means to
            enhance retention of members of the Armed Forces and

    [[Page 122 STAT. 4450]]

            the capacity of the Department of Defense to respond to the
            personal and professional needs of individual members of the
            Armed Forces.

        (b) Limitation on Eligible Members.--A member of the Armed Forces is
    not eligible to participate in a pilot program under this section during
    any period of service required of the member--
                (1) under an agreement upon entry of the member on active
            duty; or
                (2) due to receipt by the member of a retention bonus as a
            member qualified in a critical military skill or assigned to a
            high priority unit under section 355 of title 37, United States
            Code.

        (c) Limitation on Number of Participants.--Not more than 20 officers
    and 20 enlisted members of each Armed Force may be selected during each
    of calendar years 2009 through 2012 to participate in the pilot programs
    under this section.
        (d) Period of Inactivation From Active Duty; Effect of
    Inactivation.--
                (1) Limitation.--The period of inactivation from active duty
            under a pilot program under this section of a member
            participating in the pilot program shall be such period as the
            Secretary of the military department concerned shall specify in
            the agreement of the member under subsection (e), except that
            such period may not exceed three years.
                (2) Exclusion from computation of reserve officer's total
            years of service.--Any service by a Reserve officer while
            participating in a pilot program under this section shall be
            excluded from computation of the officer's total years of
            service pursuant to section 14706(a) of title 10, United States
            Code.
                (3) Retirement and related purposes.--Any period of
            participation of a member in a pilot program under this section
            shall not count toward--
                        (A) eligibility for retirement or transfer to the
                    Ready Reserve under either chapter 571 or 1223 of title
                    10, United States Code; or
                        (B) computation of retired or retainer pay under
                    chapter 71 or 1223 of title 10, United States Code.

        (e) Agreement.--Each member of the Armed Forces who participates in
    a pilot program under this section shall enter into a written agreement
    with the Secretary of the military department concerned under which
    agreement that member shall agree as follows:
                (1) To accept an appointment or enlist, as applicable, and
            serve in the Ready Reserve of the Armed Force concerned during
            the period of the member's inactivation from active duty under
            the pilot program.
                (2) To undergo during the period of the inactivation of the
            member from active duty under the pilot program such inactive
            duty training as the Secretary concerned shall require in order
            to ensure that the member retains proficiency, at a level
            determined by the Secretary concerned to be sufficient, in the
            member's military skills, professional qualifications, and
            physical readiness during the inactivation of the member from
            active duty.

    [[Page 122 STAT. 4451]]

                (3) Following completion of the period of the inactivation
            of the member from active duty under the pilot program, to serve
            two months as a member of the Armed Forces on active duty for
            each month of the period of the inactivation of the member from
            active duty under the pilot program.

        (f) Conditions of Release.--
    The <<NOTE: Regulations. Guidelines.>> Secretary of Defense shall issue
    regulations specifying the guidelines regarding the conditions of
    release that must be considered and addressed in the agreement required
    by subsection (e). <<NOTE: Procedures. Standards.>> At a minimum, the
    Secretary shall prescribe the procedures and standards to be used to
    instruct a member on the obligations to be assumed by the member under
    paragraph (2) of such subsection while the member is released from
    active duty.

        (g) Order to <<NOTE: Regulations.>> Active Duty.--Under regulations
    prescribed by the Secretary of the military department concerned, a
    member of the Armed Forces participating in a pilot program under this
    section may, in the discretion of such Secretary, be required to
    terminate participation in the pilot program and be ordered to active
    duty.

        (h) Pay and Allowances.--
                (1) Basic pay.--During each month of participation in a
            pilot program under this section, a member who participates in
            the pilot program shall be paid basic pay in an amount equal to
            two-thirtieths of the amount of monthly basic pay to which the
            member would otherwise be entitled under section 204 of title
            37, United States Code, as a member of the uniformed services on
            active duty in the grade and years of service of the member when
            the member commences participation in the pilot program.
                (2) Prohibition on receipt of special and incentive pays.--
                        (A) Prohibition on receipt during participation.--A
                    member who participates in a pilot program shall not,
                    while participating in the pilot program, be paid any
                    special or incentive pay or bonus to which the member is
                    otherwise entitled under an agreement under chapter 5 of
                    title 37, United States Code, that is in force when the
                    member commences participation in the pilot program.
                        (B) Treatment of required service.--The inactivation
                    from active duty of a member participating in a pilot
                    program shall not be treated as a failure of the member
                    to perform any period of service required of the member
                    in connection with an agreement for a special or
                    incentive pay or bonus under chapter 5 of title 37,
                    United States Code, that is in force when the member
                    commences participation in the pilot program.
                (3) Revival of special pays upon return to active duty.--
                        (A) Revival required.--Subject to subparagraph (B),
                    upon the return of a member to active duty after
                    completion by the member of participation in a pilot
                    program--
                              (i) any agreement entered into by the member
                          under chapter 5 of title 37, United States Code,
                          for the payment of a special or incentive pay or
                          bonus that was in force when the member commenced
                          participation in the pilot program shall be
                          revived, with the term of such agreement after
                          revival being the period

    [[Page 122 STAT. 4452]]

                          of the agreement remaining to run when the member
                          commenced participation in the pilot program; and
                              (ii) any special or incentive pay or bonus
                          shall be payable to the member in accordance with
                          the terms of the agreement concerned for the term
                          specified in clause (i).
                        (B) Limitations.--
                              (i) Limitation at time of return to active
                          duty.--Subparagraph (A) shall not apply to any
                          special or incentive pay or bonus otherwise
                          covered by that subparagraph with respect to a
                          member if, at the time of the return of the member
                          to active duty as described in that subparagraph--
                                        (I) such pay or bonus is no longer
                                    authorized by law; or
                                        (II) the member does not satisfy
                                    eligibility criteria for such pay or
                                    bonus as in effect at the time of the
                                    return of the member to active duty.
                              (ii) Cessation during later service.--
                          Subparagraph (A) shall cease to apply to any
                          special or incentive pay or bonus otherwise
                          covered by that subparagraph with respect to a
                          member if, during the term of the revived
                          agreement of the member under subparagraph (A)(i),
                          such pay or bonus ceases being authorized by law.
                        (C) Repayment.--A member who is ineligible for
                    payment of a special or incentive pay or bonus otherwise
                    covered by this paragraph by reason of subparagraph
                    (B)(i)(II) shall be subject to the requirements for
                    repayment of such pay or bonus in accordance with the
                    terms of the applicable agreement of the member under
                    chapter 5 of title 37, United States Code.
                        (D) Construction of required service.--Any service
                    required of a member under an agreement covered by this
                    paragraph after the member returns to active duty as
                    described in subparagraph (A) shall be in addition to
                    any service required of the member under an agreement
                    under subsection (e).
                (4) Certain travel and transportation allowances.--
                        (A) In general.--Subject to subparagraph (B), a
                    member who participates in a pilot program is entitled,
                    while participating in the pilot program, to the travel
                    and transportation allowances authorized by section 404
                    of title 37, United States Code, for--
                              (i) travel performed from the member's
                          residence, at the time of release from active duty
                          to participate in the pilot program, to the
                          location in the United States designated by the
                          member as his residence during the period of
                          participation in the pilot program; and
                              (ii) travel performed to the member's
                          residence upon return to active duty at the end of
                          the member's participation in the pilot program.
                        (B) Limitation.--An allowance is payable under this
                    paragraph only with respect to travel of a member to and
                    from a single residence.

        (i) Promotion.--

    [[Page 122 STAT. 4453]]

                (1) Officers.--
                        (A) Limitation on promotion.--An officer
                    participating in a pilot program under this section
                    shall not, while participating in the pilot program, be
                    eligible for consideration for promotion under chapter
                    36 or 1405 of title 10, United States Code.
                        (B) Promotion and rank upon return to active duty.--
                    Upon the return of an officer to active duty after
                    completion by the officer of participation in a pilot
                    program--
                              (i) the <<NOTE: Regulations.>> Secretary of
                          the military department concerned shall adjust the
                          officer's date of rank in such manner as the
                          Secretary of Defense shall prescribe in
                          regulations for purposes of this section; and
                              (ii) the officer shall be eligible for
                          consideration for promotion when officers of the
                          same competitive category, grade, and seniority
                          are eligible for consideration for promotion.
                (2) Enlisted members.--An <<NOTE: Time period.>> enlisted
            member participating in a pilot program shall not be eligible
            for consideration for promotion during the period that--
                        (A) begins on the date of the member's inactivation
                    from active duty under the pilot program; and
                        (B) ends at such time after the return of the member
                    to active duty under the pilot program that the member
                    is treatable as eligible for promotion by reason of time
                    in grade and such other requirements as the Secretary of
                    the military department concerned shall prescribe in
                    regulations for purposes of the pilot program.

        (j) Medical and Dental Care.--A <<NOTE: Time period.>> member
    participating in a pilot program under this section shall, while
    participating in the pilot program, be treated as a member of the Armed
    Forces on active duty for a period of more than 30 days for purposes of
    the entitlement of the member and the member's dependents to medical and
    dental care under the provisions of chapter 55 of title 10, United
    States Code.

        (k) Reports.--
                (1) Interim reports.--Not later than June 1, 2011, and June
            1, 2013, the Secretary of each military department shall submit
            to the congressional defense committees a report on the
            implementation and current status of the pilot programs
            conducted by such Secretary under this section.
                (2) Final report.--Not later than March 1, 2016, the
            Secretary of Defense shall submit to the congressional defense
            committees a report on the pilot programs conducted under this
            section.
                (3) Elements of report.--Each interim report and the final
            report under this subsection shall include the following:
                        (A) A description of each pilot program conducted
                    under this section, including a description of the
                    number of applicants for such pilot program and the
                    criteria used to select individuals for participation in
                    such pilot program.
                        (B) An assessment by the Secretary concerned of the
                    pilot programs, including an evaluation of whether--
                              (i) the authorities of the pilot programs
                          provided an effective means to enhance the
                          retention of members

    [[Page 122 STAT. 4454]]

                          of the Armed Forces possessing critical skills,
                          talents, and leadership abilities;
                              (ii) the career progression in the Armed
                          Forces of individuals who participate in the pilot
                          program has been or will be adversely affected;
                          and
                              (iii) the usefulness of the pilot program in
                          responding to the personal and professional needs
                          of individual members of the Armed Forces.
                        (C) Such recommendations for legislative or
                    administrative action as the Secretary concerned
                    considers appropriate for the modification or
                    continuation of the pilot programs.

        (l) Duration of Program Authority.--The authority to conduct a pilot
    program under this section shall commence on January 1, 2009. No member
    of the Armed Forces may be released from active duty under a pilot
    program under this section after December 31, 2012.

                       Subtitle E--Education and Training

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

        (a) Military Academy.--Section 4342(a) of title 10, United States
    Code, is amended by striking ``4,000 or such higher number'' and
    inserting ``4,400 or such lower number''.
        (b) Naval Academy.--Section 6954 of such title is amended--
                (1) in subsection (a), by striking ``4,000 or such higher
            number'' and inserting ``4,400 or such lower number''; and
                (2) in subsection (h)(1), by striking the last sentence.

        (c) Air Force Academy.--Section 9342 of such title is amended--
                (1) in subsection (a), by striking ``4,000 or such higher
            number'' and inserting ``4,400 or such lower number''; and
                (2) in subsection (j)(1), by striking the last sentence.

        (d) Effective Date.--The <<NOTE: 10 USC 4342 note.>> amendments made
    by this section shall apply with respect to academic years at the United
    States Military Academy, the United States Naval Academy, and the Air
    Force Academy after the 2007-2008 academic year.
    SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT
                            MILITARY SERVICE ACADEMIES.

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

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

    [[Page 122 STAT. 4455]]

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

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

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

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

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

    [[Page 122 STAT. 4456]]

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

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

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

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

        Section 7049(a) of title 10, United States Code, is amended by
    striking ``25'' and inserting ``125''.
    SEC. 543. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL
                            MILITARY EDUCATION TO AWARD DEGREES.

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

        ``(a) Authority.--Under <<NOTE: Regulations.>> 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.

    [[Page 122 STAT. 4457]]

        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval of
            the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the National Defense Intelligence College is
            accredited by the appropriate civilian academic accrediting
            agency or organization to award the degree, as determined by the
            Secretary of Education.

        ``(c) Congressional <<NOTE: Reports.>> 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) <<NOTE: Assessments.>> a copy of the self assessment
            questionnaire required by the Federal Policy Governing Granting
            of Academic Degrees by Federal Agencies, at the time the
            assessment is submitted to the Department of Education's
            National Advisory Committee on Institutional Quality and
            Integrity; and
                ``(B) the subsequent recommendations and rationale of the
            Secretary of Education regarding the establishment of the degree
            granting authority.

        ``(2) Upon any modification or redesignation of existing degree
    granting authority, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report containing the rationale for the proposed modification or
    redesignation and any subsequent recommendation of the Secretary of
    Education on the proposed modification or redesignation.
        ``(3) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report
    containing an explanation of any action by the appropriate academic
    accrediting agency or organization not to accredit the National Defense
    Intelligence College to award any new or existing degree.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 108 of such title is amended by striking
            the item relating to section 2161 and inserting the following
            new item:

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

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

        ``(a) Authority.--Under <<NOTE: Regulations.>> 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

    [[Page 122 STAT. 4458]]

                ``(2) the National Defense University is accredited by the
            appropriate civilian academic accrediting agency or organization
            to award the degree, as determined by the Secretary of
            Education.

        ``(c) Congressional <<NOTE: Reports.>> 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 <<NOTE: Assessments.>> copy of the self assessment
            questionnaire required by the Federal Policy Governing Granting
            of Academic Degrees by Federal Agencies, at the time the
            assessment is submitted to the Department of Education's
            National Advisory Committee on Institutional Quality and
            Integrity; and
                ``(B) the subsequent recommendations and rationale of the
            Secretary of Education regarding the establishment of the degree
            granting authority.

        ``(2) Upon any modification or redesignation of existing degree
    granting authority, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report containing the rationale for the proposed modification or
    redesignation and any subsequent recommendation of the Secretary of
    Education on the proposed modification or redesignation.
        ``(3) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report
    containing an explanation of any action by the appropriate academic
    accrediting agency or organization not to accredit the National Defense
    University to award any new or existing degree.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 108 of such title is amended by striking
            the item relating to section 2163 and inserting the following
            new item:

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

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

        ``(a) Authority.--Under <<NOTE: Regulations.>> regulations
    prescribed by the Secretary of the Army, the Commandant of the United
    States Army Command and General Staff College may, upon the
    recommendation of the faculty and dean of the college, confer
    appropriate degrees upon graduates who meet the degree requirements.

        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval of
            the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the United States Army Command and General Staff
            College is accredited by the appropriate civilian academic
            accrediting agency or organization to award the degree, as
            determined by the Secretary of Education.

        ``(c) Congressional Notification <<NOTE: Reports.>> Requirements.--
    (1) When seeking to establish degree granting authority under this
    section,

    [[Page 122 STAT. 4459]]

    the Secretary of Defense shall submit to the Committees on Armed
    Services of the Senate and House of Representatives--
                ``(A) <<NOTE: Assessments.>> a copy of the self assessment
            questionnaire required by the Federal Policy Governing Granting
            of Academic Degrees by Federal Agencies, at the time the
            assessment is submitted to the Department of Education's
            National Advisory Committee on Institutional Quality and
            Integrity; and
                ``(B) the subsequent recommendations and rationale of the
            Secretary of Education regarding the establishment of the degree
            granting authority.

        ``(2) Upon any modification or redesignation of existing degree
    granting authority, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report containing the rationale for the proposed modification or
    redesignation and any subsequent recommendation of the Secretary of
    Education on the proposed modification or redesignation.
        ``(3) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report
    containing an explanation of any action by the appropriate academic
    accrediting agency or organization not to accredit the United States
    Army Command and General Staff College to award any new or existing
    degree.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 401 of such title is amended by striking
            the item relating to section 4314 and inserting the following
            new item:

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

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

        ``(a) Authority.--Under <<NOTE: Regulations.>> regulations
    prescribed by the Secretary of the Army, the Commandant of the United
    States Army War College may, upon the recommendation of the faculty and
    dean of the college, confer appropriate degrees upon graduates who meet
    the degree requirements.

        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval of
            the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the United States Army War College is accredited by
            the appropriate civilian academic accrediting agency or
            organization to award the degree, as determined by the Secretary
            of Education.

        ``(c) Congressional Notification <<NOTE: Reports.>> 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) <<NOTE: Assessments.>> 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

    [[Page 122 STAT. 4460]]

            to the Department of Education's National Advisory Committee on
            Institutional Quality and Integrity; and
                ``(B) the subsequent recommendations and rationale of the
            Secretary of Education regarding the establishment of the degree
            granting authority.

        ``(2) Upon any modification or redesignation of existing degree
    granting authority, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report containing the rationale for the proposed modification or
    redesignation and any subsequent recommendation of the Secretary of
    Education on the proposed modification or redesignation.
        ``(3) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report
    containing an explanation of any action by the appropriate academic
    accrediting agency or organization not to accredit the United States
    Army War College to award any new or existing degree.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 401 of such title is amended by striking
            the item relating to section 4321 and inserting the following
            new item:

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

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

        ``(a) Authority.--Under <<NOTE: Regulations.>> regulations
    prescribed by the Secretary of the Navy, the President of the Naval
    Postgraduate School may, upon the recommendation of the faculty of the
    Naval Postgraduate School, confer appropriate degrees upon graduates who
    meet the degree requirements.

        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval of
            the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the Naval Postgraduate School is accredited by the
            appropriate civilian academic accrediting agency or organization
            to award the degree, as determined by the Secretary of
            Education.

        ``(c) Congressional <<NOTE: Reports.>> 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 <<NOTE: Assessments.>> 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.

    [[Page 122 STAT. 4461]]

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

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

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

        ``(a) Authority.--Under <<NOTE: Regulations.>> regulations
    prescribed by the Secretary of the Navy, the President of the Naval War
    College may, upon the recommendation of the faculty of the Naval War
    College components, confer appropriate degrees upon graduates who meet
    the degree requirements.

        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval of
            the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the Naval War College is accredited by the appropriate
            civilian academic accrediting agency or organization to award
            the degree, as determined by the Secretary of Education.

        ``(c) Congressional <<NOTE: Reports.>> 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 <<NOTE: Assessments.>> of the self assessment
            questionnaire required by the Federal Policy Governing Granting
            of Academic Degrees by Federal Agencies, at the time the
            assessment is submitted to the Department of Education's
            National Advisory Committee on Institutional Quality and
            Integrity; and
                ``(B) the subsequent recommendations and rationale of the
            Secretary of Education regarding the establishment of the degree
            granting authority.

        ``(2) Upon any modification or redesignation of existing degree
    granting authority, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report containing the rationale for the proposed modification or
    redesignation and any subsequent recommendation of the Secretary of
    Education on the proposed modification or redesignation.
        ``(3) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives

    [[Page 122 STAT. 4462]]

    a report containing an explanation of any action by the appropriate
    academic accrediting agency or organization not to accredit the Naval
    War College to award any new or existing degree.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 609 of such title is amended by striking
            the item relating to section 7101 and inserting the following
            new item:

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

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

        ``(a) Authority.--Under <<NOTE: Regulations.>> regulations
    prescribed by the Secretary of the Navy, the President of the Marine
    Corps University may, upon the recommendation of the directors and
    faculty of the Marine Corps University, confer appropriate degrees upon
    graduates who meet the degree requirements.

        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval of
            the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the Marine Corps University is accredited by the
            appropriate civilian academic accrediting agency or organization
            to award the degree, as determined by the Secretary of
            Education.

        ``(c) Congressional <<NOTE: Reports.>> 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 <<NOTE: Assessments.>> of the self assessment
            questionnaire required by the Federal Policy Governing Granting
            of Academic Degrees by Federal Agencies, at the time the
            assessment is submitted to the Department of Education's
            National Advisory Committee on Institutional Quality and
            Integrity; and
                ``(B) the subsequent recommendations and rationale of the
            Secretary of Education regarding the establishment of the degree
            granting authority.

        ``(2) Upon any modification or redesignation of existing degree
    granting authority, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report containing the rationale for the proposed modification or
    redesignation and any subsequent recommendation of the Secretary of
    Education on the proposed modification or redesignation.
        ``(3) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report
    containing an explanation of any action by the appropriate academic
    accrediting agency or organization not to accredit the Marine Corps
    University to award any new or existing degree.
        ``(d) Board <<NOTE: Establishment.>> 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.''.

    [[Page 122 STAT. 4463]]

                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 609 of such title is amended by striking
            the item relating to section 7102 and inserting the following
            new item:

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

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

        ``(a) Authority.--Under regulations prescribed by the Secretary of
    the Air Force, the commander of the Air University may, upon the
    recommendation of the faculty of the United States Air Force Institute
    of Technology, confer appropriate degrees upon graduates of the United
    States Air Force Institute of Technology who meet the degree
    requirements.
        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval of
            the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the United States Air Force Institute of Technology is
            accredited by the appropriate civilian academic accrediting
            agency or organization to award the degree, as determined by the
            Secretary of Education.

        ``(c) Congressional <<NOTE: Reports.>> 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 <<NOTE: Assessments.>> of the self assessment
            questionnaire required by the Federal Policy Governing Granting
            of Academic Degrees by Federal Agencies, at the time the
            assessment is submitted to the Department of Education's
            National Advisory Committee on Institutional Quality and
            Integrity; and
                ``(B) the subsequent recommendations and rationale of the
            Secretary of Education regarding the establishment of the degree
            granting authority.

        ``(2) Upon any modification or redesignation of existing degree
    granting authority, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report containing the rationale for the proposed modification or
    redesignation and any subsequent recommendation of the Secretary of
    Education on the proposed modification or redesignation.
        ``(3) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report
    containing an explanation of any action by the appropriate academic
    accrediting agency or organization not to accredit the United States Air
    Force Institute of Technology to award any new or existing degree.
        ``(d) Civilian Faculty.--(1) The Secretary of the Air Force may
    employ as many civilian faculty members at the United States Air Force
    Institute of Technology as is consistent with the needs of the Air Force
    and with Department of Defense personnel limits.
        ``(2) <<NOTE: Regulations.>> The Secretary shall prescribe
    regulations determining--

    [[Page 122 STAT. 4464]]

                ``(A) titles and duties of civilian members of the faculty;
            and
                ``(B) pay of civilian members of the faculty,
            notwithstanding chapter 53 of title 5, but subject to the
            limitation set out in section 5373 of title 5.

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

    [[Page 122 STAT. 4465]]

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

        ``(a) Authority.--Except <<NOTE: Regulations.>> as provided in
    sections 9314 and 9315 of this title, under regulations prescribed by
    the Secretary of the Air Force, the commander of the Air University may,
    upon the recommendation of the faculty of the Air University components,
    confer appropriate degrees upon graduates who meet the degree
    requirements.

        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval of
            the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the Air University is accredited by the appropriate
            civilian academic accrediting agency or organization to award
            the degree, as determined by the Secretary of Education.

        ``(c) Congressional <<NOTE: Reports.>> 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 <<NOTE: Assessments.>> copy of the self assessment
            questionnaire required by the Federal Policy Governing Granting
            of Academic Degrees by Federal Agencies, at the time the
            assessment is submitted to the Department of Education's
            National Advisory Committee on Institutional Quality and
            Integrity; and
                ``(B) the subsequent recommendations and rationale of the
            Secretary of Education regarding the establishment of the degree
            granting authority.

        ``(2) Upon any modification or redesignation of existing degree
    granting authority, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report containing the rationale for the proposed modification or
    redesignation and any subsequent recommendation of the Secretary of
    Education on the proposed modification or redesignation.
        ``(3) The Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report
    containing an explanation of any action by the appropriate academic
    accrediting agency or organization not to accredit the Air University to
    award any new or existing degree.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 901 of such title is amended by striking
            the item relating to section 9317 and inserting the following
            new item:

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

        (j) Effective Date.--The amendments made by this section shall apply
    to any degree granting authority established, modified, or redesignated
    on or after the date of enactment of this Act for an institution of
    professional military education referred to in such amendments.
    SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT THE
                            UNITED STATES AIR FORCE INSTITUTE OF
                            TECHNOLOGY.

        Subsection (e) of section 9314 of title 10, United States Code, as
    amended by section 543(h), is further amended by adding at the end the
    following new paragraphs:

    [[Page 122 STAT. 4466]]

        ``(4)(A) The Institute shall charge tuition for the cost of
    providing instruction at the Institute for any civilian employee of a
    military department (other than a civilian employee of the Department of
    the Air Force), of another component of the Department of Defense, or of
    another Federal agency who receives instruction at the Institute.
        ``(B) The cost of any tuition charged an individual under this
    paragraph shall be borne by the department, agency, or component sending
    the individual for instruction at the Institute.
        ``(5) Amounts received by the Institute for the instruction of
    students under this subsection shall be retained by the Institute. Such
    amounts shall be available to the Institute to cover the costs of such
    instruction. The source and disposition of such amounts shall be
    specifically identified in the records of the Institute.''.
    SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED
                            STATES AIR FORCE ACADEMY.

        Section 9331(b)(4) of title 10, United States Code, is amended by
    striking ``21 permanent professors'' and inserting ``23 permanent
    professors''.
    SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE
                            CONDITIONS FOR PURPOSES OF ENTITLEMENT TO
                            EDUCATIONAL ASSISTANCE FOR RESERVE
                            COMPONENT MEMBERS SUPPORTING CONTINGENCY
                            OPERATIONS.

        (a) Requirement of Honorable Service.--Section 16164(a)(2) of title
    10, United States Code, is amended by striking ``other than dishonorable
    conditions'' and inserting ``honorable conditions''.
        (b) Effective Date.--The amendment made by subsection (a) shall take
    effect on the date of the enactment of this Act and shall apply to a
    person described in section 16163 of title 10, United States Code, who--
                (1) separates from a reserve component on or after January
            28, 2008, the date of the enactment of the National Defense
            Authorization Act for Fiscal Year 2008; and
                (2) as of the date of the enactment of this Act, has not
            used any of the person's entitlement to educational assistance
            under chapter 1607 of such title.
    SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR HEALTH
                            PROFESSIONALS IN REGULAR COMPONENTS AND
                            SELECTED RESERVE.

        Section 16302(c) of title 10, United States Code, is amended by
    striking paragraphs (2) and (3) and inserting the following new
    paragraph:
        ``(2) The annual maximum amount of a loan that may be repaid under
    this section shall be the same as the maximum amount in effect for the
    same year under subsection (e)(2) of section 2173 of this title for the
    education loan repayment program under such section.''.
    SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS'
                            TRAINING CORPS.

        (a) Plan for Increase.--The <<NOTE: Deadline.>> Secretary of
    Defense, in consultation with the Secretaries of the military
    departments, shall develop and implement a plan to establish and
    support, not later than September 30, 2020, not less than 3,700 units of
    the Junior Reserve Officers' Training Corps.

    [[Page 122 STAT. 4467]]

        (b) Exceptions.--The requirement imposed in subsection (a) shall not
    apply--
                (1) if the Secretary fails to receive an adequate number or
            requests for Junior Reserve Officers' Training Corps units by
            public and private secondary educational institutions; or
                (2) during a time of national emergency when the Secretaries
            of the military departments determine that funding must be
            allocated elsewhere.

        (c) Cooperation.--The Secretary of Defense, as part of the plan to
    establish and support additional Junior Reserve Officers' Training Corps
    units, shall work with local educational agencies to increase the
    employment in Junior Reserve Officers' Training Corps units of retired
    members of the Armed Forces who are retired under chapter 61 of title
    10, United States Code, especially members who were wounded or injured
    while deployed in a contingency operation.
        (d) Report on Plan.--Upon completion of the plan, the Secretary of
    Defense shall provide a report to the congressional defense committees
    containing, at a minimum, the following:
                (1) A description of how the Secretaries of the military
            departments expect to achieve the number of units of the Junior
            Reserve Officers' Training Corps specified in subsection (a),
            including how many units will be established per year by each
            service.
                (2) The annual funding necessary to support the increase in
            units, including the personnel costs associated.
                (3) The number of qualified private and public schools, if
            any, who have requested a Junior Reserve Officers' Training
            Corps unit that are on a waiting list.
                (4) Efforts to improve the increased distribution of units
            geographically across the United States.
                (5) Efforts to increase distribution of units in
            educationally and economically deprived areas.
                (6) Efforts to enhance employment opportunities for
            qualified former military members retired for disability,
            especially those wounded while deployed in a contingency
            operation.

        (e) Time for Submission.--The plan required under subsection (a),
    along with the report required by subsection (d), shall be submitted to
    the congressional defense committees not later than March 31, 2009. The
    Secretary of Defense shall submit an up-dated report annually thereafter
    until the minimum number of units of the Junior Reserve Officers'
    Training Corps specified in subsection (a) is achieved.
    SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT
                            AMOUNTS.

        (a) Correction and Payment Authority.--
                (1) Consideration of requests for correction.--The Secretary
            of the Army may consider, through the Army Board for the
            Correction of Military Records, a request for the correction of
            military records relating to the amount of the Army College Fund
            benefit to which a member or former member of the Armed Forces
            may be entitled under an Army Incentive Program contract.
                (2) Payment authority.--If the Secretary of the Army
            determines that the correction of military records is
            appropriate in response to a request received under paragraph
            (1), the

    [[Page 122 STAT. 4468]]

            Secretary may pay such amounts as the Secretary considers
            necessary to ensure fairness and equity with regard to the
            request.

        (b) Exception to Payment Limits.--A payment under subsection (a)(2)
    may be made without regard to any limits on the total combined amounts
    established for the Army College Fund and the Montgomery G.I. Bill.
        (c) Funding Source.--Payments under subsection (a)(2) shall be made
    solely from funds appropriated for military personnel programs for
    fiscal year 2009.
        (d) Termination Date.--No payment may be made under subsection
    (a)(2) after December 31, 2009.
    SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE
                            ACCESSIBILITY AND FLEXIBILITY FOR MEMBERS
                            OF THE ARMED FORCES.

        (a) Authority.--The Secretary of a military department may enter
    into one or more education partnership agreements with educational
    institutions in the United States for the purpose of--
                (1) developing plans to improve the accessibility and
            flexibility of college courses available to eligible members of
            the Armed Forces;
                (2) improving the application process for the Armed Forces
            tuition assistance programs and raising awareness regarding
            educational opportunities available to such members;
                (3) developing curriculum, distance education programs, and
            career counseling designed to meet the professional, financial,
            academic, and social needs of such members; and
                (4) assessing how resources may be applied more effectively
            to meet the educational needs of such members.

        (b) Cost.--Except as provided in this section, execution of an
    education partnership agreement with an educational institution shall be
    at no cost to the Government.
        (c) Educational Institution Defined.--In this section, the term
    ``educational institution'' means an accredited college, university, or
    technical school in the United States.

                    Subtitle F--Defense Dependents' Education

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

        (a) Assistance to Schools With Significant Numbers of Military
    Dependent Students.--Of the amount authorized to be appropriated for
    fiscal year 2009 pursuant to section 301(5) for operation and
    maintenance for Defense-wide activities, $35,000,000 shall be available
    only for the purpose of providing assistance to local educational
    agencies under subsection (a) of section 572 of the National Defense
    Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
    3271; 20 U.S.C. 7703b).
        (b) Assistance to Schools With Enrollment Changes Due to Base
    Closures, Force Structure Changes, or Force Relocations.--Of the amount
    authorized to be appropriated for

    [[Page 122 STAT. 4469]]

    fiscal year 2009 pursuant to section 301(5) for operation and
    maintenance for Defense-wide activities, $15,000,000 shall be available
    only for the purpose of providing assistance to local educational
    agencies under subsection (b) of such section 572.
        (c) Local Educational Agency Defined.--In this section, the term
    ``local educational agency'' has the meaning given that term in section
    8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
    7713(9)).
    SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

        Of the amount authorized to be appropriated for fiscal year 2009
    pursuant to section 301(5) for operation and maintenance for Defense-
    wide activities, $5,000,000 shall be available for payments under
    section 363 of the Floyd D. Spence National Defense Authorization Act
    for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
    Stat. 1654A-77; 20 U.S.C. 7703a).
    SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL
                            EDUCATIONAL AGENCIES.

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

        ``(3) <<NOTE: Expiration date.>> The authority provided by this
    subsection expires September 30, 2013.''.
    SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
                            CHILDREN UNDER DEPARTMENT OF EDUCATION'S
                            IMPACT AID PROGRAM.

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

    [[Page 122 STAT. 4470]]

                          Subtitle G--Military Justice

    SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.

        (a) In General.--Chapter 80 of title 10, United States Code, is
    amended by adding at the end the following new section:
    ``SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS.

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

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

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

        (a) In General.--Chapter 80 of title 10, United States Code, is
    amended by inserting after section 1567, as added by section 561, the
    following new section:
    ``SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY
                                PROTECTIVE ORDER TO CIVILIAN LAW
                                ENFORCEMENT.

        ``(a) Initial Notification.--In the event a military protective
    order is issued against a member of the armed forces and any individual
    involved in the order does not reside on a military installation at any
    time during the duration of the military protective order, the commander
    of the military installation shall notify the appropriate civilian
    authorities of--
                ``(1) the issuance of the protective order; and
                ``(2) the individuals involved in the order.

        ``(b) Notification of Changes or Termination.--The commander of the
    military installation also shall notify the appropriate civilian
    authorities of--
                ``(1) any change made in a protective order covered by
            subsection (a); and
                ``(2) the termination of the protective order.''.

        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    1567 the following new item:

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

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

        (a) Database Required.--The Secretary of Defense shall implement a
    centralized, case-level database for the collection, in a manner
    consistent with Department of Defense regulations for restricted
    reporting, and maintenance of information regarding sexual assaults
    involving a member of the Armed Forces, including information, if
    available, about the nature of the assault, the victim, the offender,
    and the outcome of any legal proceedings in connection with the assault.
        (b) Availability of Database.--The database required by subsection
    (a) shall be available to personnel of the Sexual Assault Prevention and
    Response Office of the Department of Defense.

    [[Page 122 STAT. 4471]]

        (c) <<NOTE: Deadlines.>>  Implementation.--
                (1) Plan for implementation.--Not later than 90 days after
            the date of the enactment of this Act, the Secretary of Defense
            shall submit to the congressional defense committees a plan to
            provide for the implementation of the database required by
            subsection (a).
                (2) Relation to defense incident-based reporting system.--
            Not later than 180 days after the date of enactment of this Act,
            the Secretary of Defense shall submit to the Committees on Armed
            Services of the Senate and House of Representatives a report
            containing--
                        (A) a description of the current status of the
                    Defense Incident-Based Reporting System; and
                        (B) an explanation of how the Defense Incident-Based
                    Reporting System will relate to the database required by
                    subsection (a).
                (3) Completion.--Not later than 15 months after the date of
            enactment of this Act, the Secretary shall complete
            implementation of the database required by subsection (a).

        (d) Reports.--The database required by subsection (a) shall be used
    to develop and implement congressional reports, as required by--
                (1) section 577(f) of the Ronald W. Reagan National Defense
            Authorization Act for Fiscal Year 2005 (Public Law 108-375);
                (2) section 596(c) of the National Defense Authorization Act
            for Fiscal Year 2006 (Public Law 109-163);
                (3) section 532 of the John Warner National Defense
            Authorization Act for Fiscal Year 2007 (Public Law 109-364); and
                (4) sections 4361, 6980, and 9361 of title 10, United States
            Code.

        (e) Terminology.--Section 577(b) of the Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
    375) <<NOTE: 10 USC 113 note.>> is amended by adding at the end the
    following new paragraph:
                ``(12) The Secretary shall implement clear, consistent, and
            streamlined sexual assault terminology for use throughout the
            Department of Defense.''.

            Subtitle H--Decorations, Awards, and Honorary Promotions

    SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.

        (a) Replacement Required.--Chapter 57 of title 10, United States
    Code, is amended by adding at the end the following new section:
    ``Sec. 1135. Replacement of military decorations

        ``(a) Replacement.--In addition to other authorities available to
    the Secretary concerned to replace a military decoration, the Secretary
    concerned shall replace, on a one-time basis and without charge, a
    military decoration upon the request of the recipient of the military
    decoration or the immediate next of kin of a deceased recipient.
        ``(b) Military Decoration Defined.--In this section, the term
    `decoration' means any decoration or award (other than the medal

    [[Page 122 STAT. 4472]]

    of honor) that may be presented or awarded by the President or the
    Secretary concerned to a member of the armed forces.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

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

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

        (a) Authorization.--Notwithstanding <<NOTE: President.>> the time
    limitations specified in section 8744 of title 10, United States Code,
    or any other time limitation with respect to the awarding of certain
    medals to persons who served in the Armed Forces, the President is
    authorized and requested to award the Medal of Honor under section 8741
    of such title to former Chief Master Sergeant Richard L. Etchberger for
    the acts of valor during the Vietnam War described in subsection (b).

        (b) Acts of Valor Described.--The acts of valor referred to in
    subsection (a) are the actions of then Chief Master Sergeant Richard L.
    Etchberger as Ground Radar Superintendent of Detachment 1, 1043rd Radar
    Evaluation Squadron on March 11, 1968, during the Vietnam War for which
    he was originally awarded the Air Force Cross.

                          Subtitle I--Military Families

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

        (a) Inclusion of Surviving Spouse and Children; Consolidation of
    Flag-Related Authorities.--Subsection (e) of section 1482 of title 10,
    United States Code, is amended--
                (1) by designating the current text as paragraph (2) and
            redesignating current paragraphs (1) and (2) as subparagraphs
            (A) and (B), respectively;
                (2) by inserting before paragraph (2), as so designated, the
            following:

        ``(e) Presentation of Flag of the United States.--(1) In the case of
    a decedent covered by section 1481 of this title, the Secretary
    concerned may pay the necessary expenses for the presentation of a flag
    of the United States to the following persons:
                ``(A) The person designated under subsection (c) to direct
            disposition of the remains of the decedent.
                ``(B) The parents or parent of the decedent, if the person
            to be presented a flag under subparagraph (A) is other than a
            parent of the decedent.
                ``(C) The surviving spouse of the decedent (including a
            surviving spouse who remarries after the decedent's death), if
            the person to be presented a flag under subparagraph (A) is
            other than the surviving spouse.
                ``(D) Each child of the decedent, regardless of whether the
            person to be presented a flag under subparagraph (A) is a child
            of the decedent.''; and
                (3) by inserting at the end the following new paragraphs:

    [[Page 122 STAT. 4473]]

        ``(3) A flag to be presented to a person under subparagraph (B),
    (C), or (D) of paragraph (1) shall be of equal size to the flag
    presented under subparagraph (A) of such paragraph to the person
    designated to direct disposition of the remains of the decedent.
        ``(4) This subsection does not apply to a military prisoner who dies
    while in the custody of the Secretary concerned and while under a
    sentence that includes a discharge.
        ``(5) In this subsection:
                ``(A) The term `parent' includes a natural parent, a
            stepparent, a parent by adoption, or a person who for a period
            of not less than one year before the death of the decedent stood
            in loco parentis to the decedent. Preference under paragraph
            (1)(B) shall be given to the persons who exercised a parental
            relationship at the time of, or most nearly before, the death of
            the decedent.
                ``(B) The term `child' has the meaning prescribed by section
            1477(d) of this title.''.

        (b) Repeal of Superseded Provisions.--Subsection (a) of such section
    is amended by striking paragraphs (10) and (11).
    SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY
                            SPOUSES.

        (a) Employment and Portable Career Opportunities for Spouses.--
    Subchapter I of chapter 88 of title 10, United States Code, is amended
    by inserting after section 1784 the following new section:
    ``Sec. 1784a. Education and training opportunities for military
                        spouses to expand employment and portable
                        career opportunities

        ``(a) Programs and Tuition Assistance.--(1) The Secretary of Defense
    may establish programs to assist the spouse of a member of the armed
    forces described in subsection (b) in achieving--
                ``(A) the education and training required for a degree or
            credential at an accredited college, university, or technical
            school in the United States that expands employment and portable
            career opportunities for the spouse; or
                ``(B) the education prerequisites and professional licensure
            or credential required, by a government or government sanctioned
            licensing body, for an occupation that expands employment and
            portable career opportunities for the spouse.

        ``(2) As an alternative to, or in addition to, establishing a
    program under this subsection, the Secretary may provide tuition
    assistance to an eligible spouse who is pursuing education, training, or
    a license or credential to expand the spouse's employment and portable
    career opportunities.
        ``(b) Eligible Spouses.--Assistance under this section is limited to
    a spouse of a member of the armed forces who is serving on active duty.
        ``(c) Exceptions.--Subsection (b) does not include--
                ``(1) a person who is married to, but legally separated
            from, a member of the armed forces under court order or statute
            of any State or territorial possession of the United States; and
                ``(2) a spouse of a member of the armed forces who is also a
            member of the armed forces.

    [[Page 122 STAT. 4474]]

        ``(d) Portable Career Opportunities Defined.--In this section, the
    term `portable career' includes an occupation identified by the
    Secretary of Defense, in consultation with the Secretary of Labor, as
    requiring education and training that results in a credential that is
    recognized nationwide by industry or specific businesses.
        ``(e) Regulations.--The Secretary of Defense shall prescribe
    regulations to govern the availability and use of assistance under this
    section. The Secretary shall ensure that programs established under this
    section do not result in inequitable treatment for spouses of members of
    the armed forces who are also members, since they are excluded from
    participation in the programs under subsection (c)(2).''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such subchapter is amended by inserting after the item relating to
    section 1784 the following new item:

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

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

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

                            Subtitle J--Other Matters

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

        Section 156(d) of title 10, United States Code, is amended--
                (1) by inserting ``(1)'' before ``The Legal Counsel''; and
                (2) by adding at the end the following new paragraph:

        ``(2) No officer or employee of the Department of Defense may
    interfere with the ability of the Legal Counsel to give independent
    legal advice to the Chairman of the Joint Chiefs of Staff and to the
    Joint Chiefs of Staff.''.
    SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM
                            CORRECTION OF MILITARY RECORDS.

        (a) Interest Payable on Claims.--Subsection (c) of section 1552 of
    title 10, United States Code, is amended by adding at the end the
    following new paragraph:
        ``(4) If the correction of military records under this section
    involves setting aside a conviction by court-martial, the payment of a
    claim under this subsection in connection with the correction of the
    records shall include interest at a rate to be determined by the
    Secretary concerned, unless the Secretary determines that the payment of
    interest is inappropriate under the circumstances. If the payment of the
    claim is to include interest, the interest shall be calculated on an
    annual basis, and compounded, using the amount of the lost pay,
    allowances, compensation, emoluments, or other pecuniary benefits
    involved, and the amount of any fine

    [[Page 122 STAT. 4475]]

    or forfeiture paid, beginning from the date of the conviction through
    the date on which the payment is made.''.
        (b) Clerical Amendments.--Subsection (c) of such section is further
    amended--
                (1) by redesignating paragraphs (1), (2), and (3) as
            subparagraphs (A), (B), and (C), respectively;
                (2) by inserting ``(1)'' after ``(c)'';
                (3) by striking ``If the claimant'' and inserting the
            following:

        ``(2) If the claimant''; and
                (4) by striking ``A claimant's acceptance'' and inserting
            the following:

        ``(3) A claimant's acceptance''.
        (c) Retroactive Effectiveness
    of <<NOTE: Applicability.>> Amendments.--The amendment made by
    subsection (a) shall apply with respect to any sentence of a court-
    martial set aside by a Corrections Board on or after October 1, 2007,
    when the Corrections Board includes an order or recommendation for the
    payment of a claim for the loss of pay, allowances, compensation,
    emoluments, or other pecuniary benefits, or for the repayment of a fine
    or forfeiture, that arose as a result of the conviction. In this
    subsection, the term ``Corrections Board'' has the meaning given that
    term in section 1557 of title 10, United States Code.
    SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL OF
                            AGENCIES RESPONSIBLE FOR REVIEW AND
                            CORRECTION OF MILITARY RECORDS.

        Section 1559(a) of title 10, United States Code, is amended by
    striking ``October 1, 2008'' and inserting ``December 31, 2010''.
    SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER
                            NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

        (a) In General.--Subsection (d) of section 509 of title 32, United
    States Code, is amended to read as follows:
        ``(d) Matching Funds Required.--(1) The amount of assistance
    provided by the Secretary of Defense to a State program of the Program
    for a fiscal year under this section may not exceed 60 percent of the
    costs of operating the State program during that fiscal year.
        ``(2) The limitation in paragraph (1) may not be construed as a
    limitation on the amount of assistance that may be provided to a State
    program of the Program for a fiscal year from sources other than the
    Department of Defense.''.
        (b) Effective Date.--The amendment made by subsection (a) shall take
    effect on October 1, 2008, and shall apply with respect to fiscal years
    beginning on or after that date.
    SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL ANTHEM
                            BY MEMBERS OF THE ARMED FORCES NOT IN
                            UNIFORM AND BY VETERANS.

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

    [[Page 122 STAT. 4476]]

                    salute in the manner provided for individuals in
                    uniform; and
                        ``(C) all other persons present should face the flag
                    and stand at attention with their right hand over the
                    heart, and men not in uniform, if applicable, should
                    remove their headdress with their right hand and hold it
                    at the left shoulder, the hand being over the heart;
                    and''.
    SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.

        (a) Establishment of Commission.--There is hereby established a
    commission to be known as the ``Military Leadership Diversity
    Commission'' (in this section referred to as the ``commission'').
        (b) Composition.--
                (1) Membership.--The commission shall be composed of the
            following members:
                        (A) The Director of the Defense Manpower Management
                    Center.
                        (B) The Director of the Defense Equal Opportunity
                    Management Institute.
                        (C) A commissioned officer from each of the Army,
                    Navy, Air Force, and Marine Corps who serves or has
                    served in a leadership position with either a military
                    department command or combatant command.
                        (D) A retired general or flag officer from each of
                    the Army, Navy, Air Force, and Marine Corps.
                        (E) A retired noncommissioned officer from each of
                    the Army, Navy, Air Force, and Marine Corps.
                        (F) Five retired commissioned officers who served in
                    leadership positions with either a military department
                    command or combatant command, of whom no less than three
                    shall represent the views of minority veterans.
                        (G) Four individuals with expertise in cultivating
                    diverse leaders in private or non-profit organizations.
                        (H) An attorney with appropriate experience and
                    expertise in constitutional and legal matters related to
                    the duties and responsibilities of the commission.
                (2) Appointment.--The members of the commission referred to
            in subparagraphs (C) through (H) of paragraph (1) shall be
            appointed by the Secretary of Defense.
                (3) Chairman.--The Secretary of Defense shall designate one
            member described in paragraphs (1)(F) or (1)(G) as chairman of
            the commission.
                (4) Period of appointment; vacancies.--Members shall be
            appointed for the life of the commission. Any vacancy in the
            commission shall be filled in the same manner as the original
            appointment.
                (5) Deadline for appointment.--All members of the commission
            shall be appointed not later than 60 days after the date of the
            enactment of this Act.
                (6) Quorum.--Fifteen members of the commission shall
            constitute a quorum but a lesser number may hold hearings.

        (c) Meetings.--
                (1) Initial meeting.--The <<NOTE: Deadline.>> 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.

    [[Page 122 STAT. 4477]]

                (2) Meetings.--The commission shall meet at the call of the
            chairman.

        (d) Duties.--
                (1) Study.--The commission shall conduct a comprehensive
            evaluation and assessment of policies that provide opportunities
            for the promotion and advancement of minority members of the
            Armed Forces, including minority members who are senior
            officers.
                (2) Scope of study.--In carrying out the study, the
            commission shall examine the following:
                        (A) The efforts to develop and maintain diverse
                    leadership at all levels of the Armed Forces.
                        (B) The successes and failures of developing and
                    maintaining a diverse leadership, particularly at the
                    general and flag officer positions.
                        (C) The effect of expanding Department of Defense
                    secondary educational programs to diverse civilian
                    populations, to include military service academy
                    preparatory schools.
                        (D) The ability of current recruitment and retention
                    practices to attract and maintain a diverse pool of
                    qualified individuals in sufficient numbers in officer
                    pre-commissioning programs.
                        (E) The ability of current activities to increase
                    continuation rates for ethnic-and gender-specific
                    members of the Armed Forces.
                        (F) The benefits of conducting an annual conference
                    attended by civilian military, active-duty and retired
                    military, and corporate leaders on diversity, to include
                    a review of current policy and the annual demographic
                    data from the Defense Equal Opportunity Management
                    Institute.
                        (G) The status of prior recommendations made to the
                    Department of Defense and to Congress concerning
                    diversity initiatives within the Armed Forces.
                        (H) The incorporation of private sector practices
                    that have been successful in cultivating diverse
                    leadership.
                        (I) The establishment and maintenance of fair
                    promotion and command opportunities for ethnic- and
                    gender-specific members of the Armed Forces at the O-5
                    grade level and above.
                        (J) An assessment of pre-command billet assignments
                    of ethnic-specific members of the Armed Forces.
                        (K) An assessment of command selection of ethnic-
                    specific members of the Armed Forces.
                        (L) The development of a uniform definition, to be
                    used throughout the Department of Defense, of diversity
                    that is congruent with the core values and vision of the
                    Department for the future workforce.
                        (M) The existing metrics and milestones for
                    evaluating the diversity plans of the Department
                    (including the plans of the military departments) and
                    for facilitating future evaluation and oversight.
                        (N) The existence and maintenance of fair promotion,
                    assignment, and command opportunities for ethnic- and
                    gender-specific members of the Armed Forces at the
                    levels of warrant officer, chief warrant officer,
                    company and junior grade, field and mid-grade, and
                    general and flag officer.

    [[Page 122 STAT. 4478]]

                        (O) The current institutional structure of the
                    Office of Diversity Management and Equal Opportunity of
                    the Department, and of similar officers of the military
                    departments, and their ability to ensure effective and
                    accountable diversity management across the Department.
                        (P) The options available for improving the
                    substance or implementation of current plans and
                    policies of the Department and the military departments.
                (3) Consultation with private parties.--In carrying out the
            study under this subsection, the commission may consult with
            appropriate private, for profit, and non-profit organizations
            and advocacy groups to learn methods for developing,
            implementing, and sustaining senior diverse leadership within
            the Department of Defense.

        (e) Reports.--
                (1) In general.--Not later than 12 months after the date on
            which the commission first meets, the commission shall submit to
            the President and Congress a report on the study. The report
            shall include the following:
                        (A) The findings and conclusions of the commission.
                        (B) The recommendations of the commission for
                    improving diversity within the Armed Forces.
                        (C) Such other information and recommendations as
                    the commission considers appropriate.
                (2) Interim reports.--The commission may submit to the
            President and Congress interim reports as the Commission
            considers appropriate.

        (f) Powers of the Commission.--
                (1) Hearings.--The commission may hold such hearings, sit
            and act at such times and places, take such testimony, and
            receive such evidence as the commission considers appropriate.
                (2) Information from federal agencies.--Upon request by the
            chairman of the commission, any department or agency of the
            Federal Government may provide information that the commission
            considers necessary to carry out its duties.

        (g) Inclusion of Coast Guard.--
                (1) Coast guard representation.--In addition to the members
            of the commission required by subsection (b), the commission
            shall include two additional members, appointed by the Secretary
            of Homeland Security, in consultation with the Commandant of the
            Coast Guard, as follows:
                        (A) A retired flag officer of the Coast Guard.
                        (B) A commissioned officer or noncommissioned
                    officer of the Coast Guard on active duty.
                (2) Armed forces defined.--In this section, the term ``Armed
            Forces'' means the Army, Navy, Air Force, Marine Corps, and
            Coast Guard.

        (h) Termination of Commission.--The commission shall terminate 60
    days after the date on which the commission submits the report under
    subsection (e)(1).

    [[Page 122 STAT. 4479]]

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

        (a) In General.--The Secretary of Defense may conduct a
    demonstration project to encourage retired military nurses to serve as
    faculty at civilian nursing schools.
        (b) Eligibility Requirements.--
                (1) Individual.--An individual is eligible to participate in
            the demonstration project if the individual--
                        (A) is a retired nurse corps officer of one of the
                    Armed Forces;
                        (B) has had at least 26 years of active Federal
                    commissioned service before retiring; and
                        (C) possesses a doctoral or master degree in nursing
                    that qualifies the officer to become a full faculty
                    member of an accredited school of nursing.
                (2) Institution.--An accredited school of nursing is
            eligible to participate in the demonstration project if the
            school or its parent institution of higher education--
                        (A) is a school of nursing that is accredited to
                    award, at a minimum, a bachelor of science in nursing
                    and provides educational programs leading to such
                    degree;
                        (B) has a resident Reserve Officers' Training Corps
                    unit at the institution of higher education that fulfils
                    the requirements of sections 2101 and 2102 of title 10,
                    United States Code;
                        (C) does not prevent Reserve Officers' Training
                    Corps access or military recruiting on campus, as
                    defined in section 983 of title 10, United States Code;
                        (D) provides any retired nurse corps officer
                    participating in the demonstration project a salary and
                    other compensation at the level to which other similarly
                    situated faculty members of the accredited school of
                    nursing are entitled, as determined by the Secretary of
                    Defense; and
                        (E) agrees to comply with subsection (d).

        (c) Compensation.--The Secretary of Defense may authorize a
    Secretary of a military department to authorize qualified institutions
    of higher education to employ as faculty those eligible individuals (as
    described in subsection (b)) who are receiving retired pay, whose
    qualifications are approved by the Secretary and the institution of
    higher education concerned, and who request such employment, subject to
    the following:
                (1) A retired nurse corps officer so employed is entitled to
            receive the officer's retired pay without reduction by reason of
            any additional amount paid to the officer by the institution of
            higher education concerned. In the case of payment of any such
            additional amount by the institution of higher education
            concerned, the Secretary of the military department concerned
            may pay to that institution the amount equal to one-half the
            amount paid to the retired officer by the institution for any
            period, up to a maximum of one-half of the difference between
            the officer's retired pay for that period and the active duty
            pay and allowances that the officer would have received for that
            period if on active duty. Payments by the Secretary concerned
            under this paragraph shall be made from funds specifically
            appropriated for that purpose.

    [[Page 122 STAT. 4480]]

                (2) Notwithstanding any other provision of law contained in
            title 10, title 32, or title 37, United States Code, such a
            retired nurse corps officer is not, while so employed,
            considered to be on active duty or inactive duty training for
            any purpose.

        (d) Scholarships for Nurse
    Officer <<NOTE: Applicability.>> Candidates.--For purposes of the
    eligibility of an institution under subsection (b)(2)(E), the following
    requirements apply:
                (1) Each accredited school of nursing at which a retired
            nurse corps officer serves on the faculty under this section
            shall provide full academic scholarships to individuals
            undertaking an educational program at such school leading to a
            bachelor of science in nursing degree who agree, upon completion
            of such program, to accept a commission as an officer in the
            nurse corps of one of the Armed Forces.
                (2) The total number of scholarships provided by an
            accredited school of nursing under paragraph (1) for each
            officer serving on the faculty of that school under this section
            shall be such number as the Secretary of Defense shall specify
            for purposes of this section.
                (3) <<NOTE: Payments.>> Each accredited school of nursing
            shall pay to the Department of Defense an amount equal to the
            value of the scholarship for every nurse officer candidate who
            fails to be accessed as a nurse corps officer into one of the
            Armed Forces within one year of receiving a bachelor of science
            degree in nursing from that school.
                (4) The Secretary concerned is authorized to discontinue the
            demonstration project authorized in this section at any
            institution of higher education that fails to fulfill the
            requirements of paragraph (3).

        (e) Report.--
                (1) In general.--Not later than 24 months after the
            commencement of any demonstration project under this section,
            the Secretary of Defense shall submit to the congressional
            defense committees a report on the demonstration project. The
            report shall include a description of the project and a
            description of plans for the continuation of the project, if
            any.
                (2) Elements.--The report shall also include, at a minimum,
            the following:
                        (A) The current number of retired nurse corps
                    officers who have at least 26 years of active Federal
                    commissioned service who would be eligible to
                    participate in the program.
                        (B) The number of retired nurse corps officers
                    participating in the demonstration project.
                        (C) The number of accredited schools of nursing
                    participating in the demonstration project.
                        (D) The number of nurse officer candidates who have
                    accessed into the military as commissioned nurse corps
                    officers.
                        (E) The number of scholarships awarded to nurse
                    officer candidates.
                        (F) The number of nurse officer candidates who have
                    failed to access into the military, if any.
                        (G) The amount paid to the Department of Defense in
                    the event any nurse officer candidates awarded
                    scholarships by the accredited school of nursing fail to
                    access into the military as commissioned nurse corps
                    officers.

    [[Page 122 STAT. 4481]]

                        (H) The funds expended in the operation of the
                    demonstration project.
                        (I) The recommendation of the Secretary of Defense
                    as to whether the demonstration project should be
                    extended.

        (f) Definitions.--In this section, the terms ``school of nursing''
    and ``accredited'' have the meeting given those terms in section 801 of
    the Public Health Service Act (42 U.S.C. 296).
        (g) Sunset.--The authority in this section shall expire on June 30,
    2014.
    SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING OF THE
                            DEPARTMENT OF DEFENSE IN INTERNATIONAL
                            SPORTS ACTIVITIES, COMPETITIONS, AND
                            EVENTS.

        (a) Report Required.--Not later than October 1, 2009, the Secretary
    of Defense shall submit to the Committees on Armed Services of the
    Senate and the House of Representatives a report setting forth a
    comprehensive plan for the following:
                (1) The participation by personnel of the Department of
            Defense in international sports activities, competitions, and
            events (including the Pan American Games, the Olympic Games, the
            Paralympic Games, the Military World Games, other activities of
            the International Military Sports Council (CISM), and the
            Interallied Confederation of Reserve Officers (CIOR)) through
            fiscal year 2015.
                (2) The hosting by the Department of Defense of military
            international sports activities, competitions, and events
            through fiscal year 2015.

        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) A discussion of the military international sports
            activities, competitions, and events that the Department of
            Defense intends to seek to host, an estimate of the costs of
            hosting such activities, competitions, and events that the
            Department intends to seek to host, and a description of the
            sources of funding for such costs.
                (2) A discussion of the use and replenishment of funds in
            the account in the Treasury for the Support for International
            Sporting Competitions for the hosting of such activities,
            competitions, and events that the Department intends to seek to
            host.
                (3) A discussion of the support that may be obtained from
            other departments and agencies of the Federal Government, State
            and local governments, and private entities in encouraging
            participation of members of the Armed Forces in international
            sports activities, competitions, and events or in hosting of
            military international sports activities, competitions, and
            events.
                (4) Such recommendations for legislative or administrative
            action as the Secretary considers appropriate to implement or
            enhance planning for the matters described in subsection (a).

    [[Page 122 STAT. 4482]]

               TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                         Subtitle A--Pay and Allowances

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

               Subtitle B--Bonuses and Special and Incentive Pays

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

                Subtitle C--Travel and Transportation Allowances

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

                  Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                            Subtitle F--Other Matters

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

                         Subtitle A--Pay and Allowances

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

        (a) Waiver of Section 1009 Adjustment.--The adjustment to become
    effective during fiscal year 2009 required by section

    [[Page 122 STAT. 4483]]

    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 <<NOTE: Effective date.>> in Basic Pay.--Effective on
    January 1, 2009, the rates of monthly basic pay for members of the
    uniformed services are increased by 3.9 percent.
    SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR MEALS
                            RECEIVED AT MILITARY TREATMENT FACILITIES
                            BY MEMBERS RECEIVING CONTINUOUS CARE.

        Section 402(h) of title 37, United States Code, is amended--
                (1) in paragraph (1), by striking ``during any month covered
            by paragraph (3)'' and all that follows through ``this
            section''; and
                (2) by striking paragraph (3).
    SEC. 603. INCREASE IN MAXIMUM AUTHORIZED PAYMENT OR REIMBURSEMENT
                            AMOUNT FOR TEMPORARY LODGING EXPENSES.

        Section 404a(e) of title 37, United States Code, is amended by
    striking ``$180 a day'' and inserting ``$290 a day''.
    SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE FOR
                            MARRIED COUPLES WITH DEPENDENTS.

        (a) Availability.--Section 427(d) of title 37, United States Code,
    is amended--
                (1) by inserting ``(1)'' before ``A member'';
                (2) by striking ``Section 421'' and inserting the following:

        ``(3) Section 421'';
                (3) by striking ``However'' and inserting ``Except as
            provided in paragraph (2)''; and
                (4) by inserting before paragraph (3), as so designated, the
            following new paragraph:

        ``(2) If a married couple, both of whom are members of the uniformed
    services, with dependents are simultaneously assigned to duties
    described in subparagraph (A), (B), or (C) of subsection (a)(1) and the
    members resided together with their dependents immediately before their
    assignments, the Secretary concerned shall pay each of the members the
    full amount of the monthly allowance specified in such subsection until
    one of the members is no longer assigned to duties described
    in <<NOTE: Applicability.>> such subparagraphs. Upon expiration of the
    additional allowance, paragraph (1) shall continue to apply to the
    remaining member so long as the member is assigned to duties described
    in subparagraph (A), (B), or (C) of such subsection.''.

        (b) Application of Amendment.--Paragraph (2) of subsection (d) of
    section 427 of title 37, United States Code, as added by subsection (a),
    shall apply with respect to members of the uniformed services described
    in such paragraph who perform service covered by subparagraph (A), (B),
    or (C) of subsection (a)(1) such section on or after October 1, 2008.
    SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS
                            FOR RESERVE COMPONENT MEMBERS EXPERIENCING
                            EXTENDED AND FREQUENT MOBILIZATION FOR
                            ACTIVE DUTY SERVICE.

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

    [[Page 122 STAT. 4484]]

               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''.

    [[Page 122 STAT. 4485]]

        (i) Accession Bonus for Dental Specialist Officers in Critically
    Short Wartime Specialties.--Section 302l(g) of such title is amended by
    striking ``December 31, 2008'' and inserting ``December 31, 2009''.
    SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
                            NUCLEAR OFFICERS.

        (a) Special Pay for Nuclear-Qualified Officers Extending Period of
    Active Service.--Section 312(f) of title 37, United States Code, is
    amended by striking ``December 31, 2008'' and inserting ``December 31,
    2009''.
        (b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
    is amended by striking ``December 31, 2008'' and inserting ``December
    31, 2009''.
        (c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
    title is amended by striking ``December 31, 2008'' and inserting
    ``December 31, 2009''.
    SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER
                            TITLE 37 BONUSES AND SPECIAL PAYS.

        (a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
    United States Code, is amended by striking ``December 31, 2008'' and
    inserting ``December 31, 2009''.
        (b) Assignment Incentive Pay.--Section 307a(g) of such title is
    amended by striking ``December 31, 2008'' and inserting ``December 31,
    2009''.
        (c) Reenlistment Bonus for Active Members.--Section 308(g) of such
    title is amended by striking ``December 31, 2008'' and inserting
    ``December 31, 2009''.
        (d) Enlistment Bonus.--Section 309(e) of such title is amended by
    striking ``December 31, 2008'' and inserting ``December 31, 2009''.
        (e) Accession Bonus for New Officers in Critical Skills.--Section
    324(g) of such title is amended by striking ``December 31, 2008'' and
    inserting ``December 31, 2009''.
        (f) Incentive Bonus for Conversion to Military Occupational
    Specialty to Ease Personnel Shortage.--Section 326(g) of such title is
    amended by striking ``December 31, 2008'' and inserting ``December 31,
    2009''.
        (g) Accession Bonus for Officer Candidates.--Section 330(f) of such
    title is amended by striking ``December 31, 2008'' and inserting
    ``December 31, 2009''.
        (h) Retention Bonus for Members With Critical Military Skills or
    Assigned to High Priority Units.--Section 355(i) of such title, as
    redesignated by section 661(c) of the National Defense Authorization Act
    for Fiscal Year 2008, is amended by striking ``December 31, 2008'' and
    inserting ``December 31, 2009''.
    SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL
                            BONUSES.

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

    [[Page 122 STAT. 4486]]

    amended by striking ``December 31, 2008'' and inserting ``December 31,
    2009''.
    SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS AUTHORIZED
                            UNDER NURSE OFFICER CANDIDATE ACCESSION
                            PROGRAM AND HEALTH PROFESSIONS STIPEND
                            PROGRAM.

        (a) Bonus Under Nurse Officer Candidate Accession Program.--Section
    2130a(a)(1) of title 10, United States Code, is amended--
                (1) by striking ``$10,000'' and inserting ``$20,000''; and
                (2) by striking ``$5,000'' and inserting ``$10,000''.

        (b) Monthly Stipend Under Nurse Officer Candidate Accession
    Program.--Section 2130a(a)(2) of title is amended by striking ``of not
    more than $1,000'' and inserting ``in an amount not to exceed the
    stipend rate in effect under section 2121(d) of this title''.
        (c) Monthly Stipend for Students in Nursing or Other Health
    Professions Under Health Professions Stipend Program.--Section
    16201(e)(2)(A) of title is amended by striking ``stipend of $100 per
    month'' and inserting ``monthly stipend in an amount not to exceed the
    stipend rate in effect under section 2121(d) of this title''.
    SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY
                            AGREEMENTS FOR SERVICE.

        Section 312(a)(3) of title 37, United States Code, is amended by
    striking ``three, four, or five years'' and inserting ``not less than
    three years''.
    SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF SPECIAL
                            PAY, INCENTIVE PAY, AND BONUS AUTHORITIES
                            OF THE UNIFORMED SERVICES.

        (a) Eligibility Requirements for Nuclear Officer Bonus and Incentive
    Pay.--Section 333 of title 37, United States Code, is amended--
                (1) in subsection (a)(2), by striking ``and operational'';
            and
                (2) in subsection (b)(2), by striking ``and operational''.

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

    [[Page 122 STAT. 4487]]

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

        (a) Eligibility for Skill Proficiency Bonus.--
                (1) Eligibility.--Subsection (b) of section 353 of title 37,
            United States Code, is amended to read as follows:

        ``(b) Skill Proficiency Bonus.--
                ``(1) Availability; eligible persons.--The Secretary
            concerned may pay a proficiency bonus to a member of a regular
            or reserve component of the uniformed services who--
                        ``(A) is entitled to basic pay under section 204 of
                    this title or compensation under section 206 of this
                    title or is enrolled in an officer training program; and
                        ``(B) is determined to have, and maintains,
                    certified proficiency under subsection (d) in a skill
                    designated as critical by the Secretary concerned or is
                    in training to acquire proficiency in a critical foreign
                    language or expertise in foreign cultural studies or a
                    related skill designated as critical by the Secretary
                    concerned.
                ``(2) Inclusion of certain senior rotc members.--A
            proficiency bonus may be paid under this subsection to a student
            who is enrolled in the Senior Reserve Officers' Training Corps
            program even though the student is in the first year of the
            four-year course under the program. During the period covered by
            the proficiency bonus, the student shall also be entitled to a
            monthly subsistence allowance under section 209(c) of this title
            even though the student has not entered into an agreement under
            section 2103a of title 10. However, if the student receives
            incentive pay under subsection (g)(2) for the same period, the
            student may receive only a single monthly subsistence allowance
            under section 209(c) of this title.''.
                (2) Availability of incentive pay for participation in
            foreign language education or training programs.--Such section
            is further amended--
                        (A) by redesignating subsections (g), (h), and (i)
                    as subsections (h), (i), and (j), respectively; and
                        (B) by inserting after subsection (f) the following
                    new subsection (g):

        ``(g) Foreign Language Studies in Officer Training Programs.--
                ``(1) Availability of incentive pay.--The Secretary
            concerned may pay incentive pay to a person enrolled in an
            officer training program to also participate in an education or
            training program to acquire proficiency in a critical foreign
            language or expertise in foreign cultural studies or a related
            skill designated as critical by the Secretary concerned.
                ``(2) Inclusion of certain senior rotc members.--Incentive
            pay may be paid under this subsection to a student who is
            enrolled in the Senior Reserve Officers' Training Corps program
            even though the student is in the first year of the four-year
            course under the program. While the student receives the
            incentive pay, the student shall also be entitled to a monthly
            subsistence allowance under section 209(c) of this title even
            though the student has not entered into an agreement under

    [[Page 122 STAT. 4488]]

            section 2103a of title 10. However, if the student receives a
            proficiency bonus under subsection (b)(2) covering the same
            month, the student may receive only a single monthly subsistence
            allowance under section 209(c) of this title.
                ``(3) Critical foreign language defined.--In this section,
            the term `critical foreign language' includes Arabic, Korean,
            Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian,
            Russian, Portuguese, or other language designated as critical by
            the Secretary concerned.''.

        (b) Incentive Pay Authorized.--
                (1) In general.--Chapter 5 of title 37, United States Code,
            is amended by inserting after section 316 the following new
            section:
    ``Sec. 316a. Special pay: incentive pay for members of
                      precommissioning programs pursuing foreign
                      language proficiency

        ``(a) Incentive Pay.--The Secretary of Defense may pay incentive pay
    under this section to an individual who--
                ``(1) is enrolled as a member of the Senior Reserve
            Officers' Training Corps or the Marine Corps Platoon Leaders
            Class, as determined in accordance with regulations prescribed
            by the Secretary of Defense under subsection (e); and
                ``(2) participates in a language immersion program approved
            for purposes of the Senior Reserve Officers' Training Corps, or
            in study abroad, or is enrolled in an academic course that
            involves instruction in a foreign language of strategic interest
            to the Department of Defense as designated by the Secretary of
            Defense for purposes of this section.

        ``(b) Period of Payment.--Incentive pay is payable under this
    section to an individual described in subsection (a) for the period of
    the individual's participation in the language program or study
    described in paragraph (2) of that subsection.
        ``(c) Amount.--The amount of incentive pay payable to an individual
    under this section may not exceed $3,000 per year.
        ``(d) Repayment.--An individual who is paid incentive pay under this
    section but who does not satisfactorily complete participation in the
    individual's language program or study as described in subsection
    (a)(2), or who does not complete the requirements of the Senior Reserve
    Officers' Training Corps or the Marine Corps Platoon Leaders Class, as
    applicable, shall be subject to the repayment provisions of section
    303a(e) of this title.
        ``(e) Regulations.--This section shall be administered under
    regulations prescribed by the Secretary of Defense.
        ``(f) Reports.--Not later than January 1, 2010, and annually
    thereafter through 2014, the Secretary of Defense shall submit to the
    Director of the Office of Management and Budget, and to Congress, a
    report on the payment of incentive pay under this section during the
    preceding fiscal year. Each report shall include, for the fiscal year
    covered by such report, the following:
                ``(1) The number of individuals paid incentive pay under
            this section, the number of individuals commencing receipt of
            incentive pay under this section, and the number of individuals
            ceasing receipt of incentive pay under this section.
                ``(2) The amount of incentive pay paid to individuals under
            this section.

    [[Page 122 STAT. 4489]]

                ``(3) The aggregate amount recouped under section 303a(e) of
            this title in connection with receipt of incentive pay under
            this section.
                ``(4) The languages for which incentive pay was paid under
            this section, including the total amount paid for each such
            language.
                ``(5) The effectiveness of incentive pay under this section
            in assisting the Department of Defense in securing proficiency
            in foreign languages of strategic interest to the Department of
            Defense, including a description of how recipients of pay under
            this section are assigned and utilized following completion of
            the program of study.

        ``(g) Termination of Authority.--No incentive pay may be paid under
    this section after December 31, 2013.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 5 of such title is amended by inserting
            after the item relating to section 316 the following new item:

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

        (c) Pilot Program for Foreign Language Proficiency Training for
    Reserve Members.--
                (1) Pilot program required.--The Secretary of Defense shall
            conduct a pilot program to provide a skill proficiency bonus
            under section 353(b) of title 37, United States Code, to a
            member of a reserve component of the uniformed services who is
            entitled to compensation under section 206 of such title while
            the member participates in an education or training program to
            acquire proficiency in a critical foreign language or expertise
            in foreign cultural studies or a related skill designated as
            critical under such section 353.
                (2) Duration of pilot program.--The Secretary shall conduct
            the pilot program during the period beginning on October 1,
            2008, and ending on December 31, 2013. Incentive pay may not be
            provided under the pilot program after December 31, 2013.
                (3) Reporting requirement.--Not later than March 31, 2012,
            the Secretary shall submit to Congress a report containing the
            results of the pilot program and the recommendations of the
            Secretary regarding whether to continue or expand the pilot
            program.

        (d) Expedited Implementation.--Notwithstanding section 662 of the
    National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
    181; 122 Stat. 180; 37 U.S.C. 301 note), the Secretary of a military
    department may immediately implement the amendments made by subsection
    (a) in order to ensure the prompt availability of proficiency bonuses
    and incentive pay under section 353 of title 37, United States Code, as
    amended by such subsections, for persons enrolled in officer training
    programs.
    SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND
                            RETENTION OF OFFICERS IN CERTAIN HEALTH
                            PROFESSIONS.

        (a) Targeted Bonus Authority to Increase Direct Accessions.--
                (1) Designation of critically short wartime health
            specialties.--For purposes of section 335 of title 37, United
            States Code, as added by section 661 of the National Defense

    [[Page 122 STAT. 4490]]

            Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
            Stat. 169), the following health professions are designated as a
            critically short wartime specialty under subsection (a)(2) of
            such section:
                        (A) Psychologists who have been awarded a diploma as
                    a Diplomate in Psychology by the American Board of
                    Professional Psychology and are fully licensed and such
                    other mental health practitioners as the Secretary
                    concerned determines to be necessary.
                        (B) Registered nurses.
                (2) Special agreement authority.--Under the authority
            provided by this section, the Secretary concerned may enter into
            an agreement under subsection (f) of section 335 of title 37,
            United States Code, to pay a health professions bonus under such
            section to a person who accepts a commission or appointment as
            an officer and whose health profession specialty is specified in
            paragraph (1) of this subsection.
                (3) Secretary concerned defined.--In this subsection, the
            term ``Secretary concerned'' has the meaning given that term in
            section 101(5) of title 37, United States Code.
                (4) Effective <<NOTE: Expiration date.>> period.--The
            designations made by this subsection and the authority to enter
            into an agreement under paragraph (2) of this subsection expire
            on September 30, 2010.

        (b) Accession and Retention Bonuses for Psychologists.--
                (1) In general.--Chapter 5 of title 37, United States Code,
            is amended by inserting after section 302c the following new
            section:
    ``Sec. 302c-1. Special pay: accession and retention bonuses for
                          psychologists

        ``(a) Accession Bonus.--
                ``(1) Accession bonus authorized.--A person described in
            paragraph (2) who executes a written agreement described in
            subsection (d) to accept a commission as an officer of the armed
            forces and remain on active duty for a period of not less than
            four consecutive years may, upon acceptance of the agreement by
            the Secretary concerned, be paid an accession bonus in an
            amount, subject to subsection (c)(1), determined by the
            Secretary concerned.
                ``(2) Eligible persons.--A person described in paragraph (1)
            is any person who--
                        ``(A) is a graduate of an accredited school of
                    psychology; and
                        ``(B) holds a valid State license to practice as a
                    doctoral level psychologist.
                ``(3) Limitation on eligibility.--A person may not be paid a
            bonus under this subsection if--
                        ``(A) the person, in exchange for an agreement to
                    accept an appointment as an officer, received financial
                    assistance from the Department of Defense to pursue a
                    course of study in psychology; or
                        ``(B) the Secretary concerned determines that the
                    person is not qualified to become and remain certified
                    as a psychologist.

        ``(b) Multiyear Retention Bonus.--
                ``(1) Retention bonus authorized.--An officer described in
            paragraph (2) who executes a written agreement described

    [[Page 122 STAT. 4491]]

            in subsection (d) to remain on active duty for up to four years
            after completion of any other active-duty service commitment
            may, upon acceptance of the agreement by the Secretary
            concerned, be paid a retention bonus as provided in this
            section.
                ``(2) Eligible officers.--An officer described in paragraph
            (1) is an officer of the armed forces who--
                        ``(A) is a psychologist of the armed forces;
                        ``(B) is in a pay grade below pay grade O-7;
                        ``(C) has at least eight years of creditable service
                    (computed as described in section 302b(f) of this title)
                    or has completed any active-duty service commitment
                    incurred for psychology education and training;
                        ``(D) has completed initial residency training (or
                    will complete such training before September 30 of the
                    fiscal year in which the officer enters into the
                    agreement under this subsection); and
                        ``(E) holds a valid State license to practice as a
                    doctoral level psychologist.

        ``(c) Maximum Amount of Bonus.--
                ``(1) Accession bonus.--The amount of an accession bonus
            under subsection (a) may not exceed $400,000.
                ``(2) Retention bonus.--The amount of a retention bonus
            under subsection (b) may not exceed $25,000 for each year of the
            agreement of the officer concerned.

        ``(d) Agreement.--The agreement referred to in subsections (a) and
    (b) shall provide that, consistent with the needs of the armed force
    concerned, the person or officer executing the agreement will be
    assigned to duty, for the period of obligated service covered by the
    agreement, as an officer of such armed force as a psychologist.
        ``(e) Repayment.--
                ``(1) Accession bonus.--A person who, after signing an
            agreement under subsection (a), is not commissioned as an
            officer of the armed forces, does not become licensed as a
            psychologist, or does not complete the period of active duty
            specified in the agreement shall be subject to the repayment
            provisions of section 303a(e) of this title.
                ``(2) Retention bonus.--An officer who does not complete the
            period of active duty specified in the agreement entered into
            under subsection (b) shall be subject to the repayment
            provisions of section 303a(e) of this title.

        ``(f) Termination of Authority.--No agreement under subsection (a)
    or (b) may be entered into after December 31, 2009.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 5 of such title is amended by inserting
            after the item relating to section 302c the following new item:

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

                Subtitle C--Travel and Transportation Allowances

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

        Section 406(b)(1)(D) of title 37, United States Code, is amended--

    [[Page 122 STAT. 4492]]

                (1) by inserting ``(i)'' after ``(D)'';
                (2) in the second sentence of clause (i), as designated by
            paragraph (1), by striking ``this subparagraph'' and inserting
            ``this clause'';
                (3) by designating the last sentence as clause (iii) and
            indenting the margin of such clause, as so designated, two ems
            from the left margin; and
                (4) by inserting after clause (i), as designated by
            paragraph (1), the following new clause:

        ``(ii) In addition to the weight allowance authorized for such
    member with dependents under paragraph (C), the Secretary concerned may
    authorize up to an additional 500 pounds in weight allowance for
    shipment of professional books and equipment belonging to the spouse of
    such member.''.
    SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL.

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

                  Subtitle D--Retired Pay and Survivor Benefits

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

        (a) Extension.--Subsection (m) of section 1450 of title 10, United
    States Code, as added by section 644 of the National Defense
    Authorization Act for Fiscal Year 2008, is amended in paragraph (1)(B)
    by striking ``section 1448(a)(1) of this title'' and inserting
    ``subsection (a)(1) of section 1448 of this title or by reason of
    coverage under subsection (d) of such section''.
        (b) Application of Amendment.--The <<NOTE: Effective
    date.>> 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

    [[Page 122 STAT. 4493]]

    States Code, as added by section 644 of the National Defense
    Authorization Act for Fiscal Year 2008.
    SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR BENEFIT
                            PLAN ANNUITIES DUE TO PHASED ELIMINATION
                            OF TWO-TIER ANNUITY COMPUTATION AND
                            SUPPLEMENTAL ANNUITY.

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

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

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

        Section 2484(h) of title 10, United States Code, is amended--
                (1) by redesignating paragraphs (3) and (4) as paragraphs
            (4) and (5), respectively;
                (2) in such paragraph (4), as so redesignated, by striking
            ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or
            (3)''; and
                (3) by inserting after paragraph (2) the following new
            paragraph:

        ``(3)(A) The Secretary of Defense may use the proceeds derived from
    surcharges imposed under subsection (d) in connection with sales of
    commissary merchandise through initiatives described in subparagraph (B)
    to offset the cost of such initiatives.
        ``(B) <<NOTE: Applicability.>> Subparagraph (A) applies with respect
    to initiatives, utilizing temporary and mobile equipment, intended to
    provide members of reserve components, retired members, and other
    persons eligible for commissary benefits, but without reasonable access
    to commissary stores, improved access to commissary merchandise.''.
    SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR RENTAL OF
                            SEXUALLY EXPLICIT MATERIAL ON MILITARY
                            INSTALLATIONS.

        (a) Establishment of Resale Activities Review Board.--Section 2495b
    of title 10, United States Code, is amended--

    [[Page 122 STAT. 4494]]

                (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) <<NOTE: Public information.>> 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.

    [[Page 122 STAT. 4495]]

                            Subtitle F--Other Matters

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

        (a) Discretion to Provide Exception to Termination and Repayment
    Requirements Under Certain Circumstances.--Section 303a(e) of title 37,
    United States Code, is amended--
                (1) in the subsection heading, by inserting ``; Termination
            of Entitlement to Unpaid Amounts'' after ``Met'';
                (2) in paragraph (1)--
                        (A) by striking ``A member'' and inserting ``(A)
                    Except as provided in paragraph (2), a member''; and
                        (B) by striking ``the requirements, except in
                    certain circumstances authorized by the Secretary
                    concerned.'' and inserting ``the eligibility
                    requirements and may not receive any unpaid amounts of
                    the bonus or similar benefit after the member fails to
                    satisfy the requirements, unless the Secretary concerned
                    determines that the imposition of the repayment
                    requirement and termination of the payment of unpaid
                    amounts of the bonus or similar benefit with regard to
                    the member would be contrary to a personnel policy or
                    management objective, would be against equity and good
                    conscience, or would be contrary to the best interests
                    of the United States.''; and
                (3) by redesignating paragraph (2) as subparagraph (B) of
            paragraph (1).

        (b) Mandatory Payment of Unpaid Amounts Under Certain Circumstances;
    No Repayment of Unearned Amounts.--Section 303a(e) of title 37, United
    States Code, is amended by inserting after paragraph (1), as amended by
    subsection (a), the following new paragraph (2):
        ``(2)(A) If a member of the uniformed services dies or is retired or
    separated with a combat-related disability, the Secretary concerned--
                ``(i) shall not require repayment by the member or the
            member's estate of the unearned portion of any bonus or similar
            benefit previously paid to the member; and
                ``(ii) shall require the payment to the member or the
            member's estate of the remainder of any bonus or similar benefit
            that was not yet paid to the member, but to which the member was
            entitled immediately before the death, retirement, or separation
            of the member, and would be paid if not for the death,
            retirement, or separation of the member.

        ``(B) Subparagraph (A) does not apply if the death or disability of
    the member is the result the member's misconduct.
        ``(C) The amount to be paid under subparagraph (A)(ii) shall be
    equal to the full amount specified by the agreement or contract
    applicable to the bonus or similar benefit as if the member continued to
    be entitled to the bonus or similar benefit following the death,
    retirement, or separation.
        ``(D) <<NOTE: Deadline.>> 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.

    [[Page 122 STAT. 4496]]

        ``(E) In this paragraph, the term `combat-related disability' has
    the meaning given that term in section 1413a(e) of title 10.''.
        (c) Conforming Amendments Reflecting Consolidated Special Pay and
    Bonus Authorities.--
                (1) Conforming amendments.--Section 373 of title 37, United
            States Code, as added by section 661 of the National Defense
            Authorization Act for Fiscal Year 2008, is amended--
                        (A) in subsection (a)--
                              (i) in the subsection heading, by inserting
                          ``and Termination'' after ``Repayment''; and
                              (ii) by inserting before the period at the end
                          the following: ``, and the member may not receive
                          any unpaid amounts of the bonus, incentive pay, or
                          similar benefit after the member fails to satisfy
                          such service or eligibility requirement''; and
                        (B) by striking subsection (b) and inserting the
                    following new subsection:

        ``(b) Exceptions.--
                ``(1) Discretion to provide exception to termination and
            repayment requirements.--Pursuant <<NOTE: Regulations.>> to the
            regulations prescribed to administer this section, the Secretary
            concerned may grant an exception to the repayment requirement
            and requirement to terminate the payment of unpaid amounts of a
            bonus, incentive pay, or similar benefit if the Secretary
            concerned determines that the imposition of the repayment and
            termination requirements with regard to a member of the
            uniformed services would be contrary to a personnel policy or
            management objective, would be against equity and good
            conscience, or would be contrary to the best interests of the
            United States.
                ``(2) Mandatory payment of unpaid amounts under certain
            circumstances; no repayment of unearned amounts.--(A) If a
            member of the uniformed services dies or is retired or separated
            with a combat-related disability, the Secretary concerned--
                        ``(i) shall not require repayment by the member or
                    the member's estate of the unearned portion of any
                    bonus, incentive pay, or similar benefit previously paid
                    to the member; and
                        ``(ii) shall require the payment to the member or
                    the member's estate of the remainder of any bonus,
                    incentive pay, or similar benefit that was not yet paid
                    to the member, but to which the member was entitled
                    immediately before the death, retirement, or separation
                    of the member, and would be paid if not for the death,
                    retirement, or separation of the member.
                ``(B) Subparagraph (A) does not apply if the death or
            disability of the member is the result the member's misconduct.
                ``(C) The amount to be paid under subparagraph (A)(ii) shall
            be equal to the full amount specified by the agreement or
            contract applicable to the bonus, incentive pay, or similar
            benefit as if the member continued to be entitled to the bonus,
            incentive pay, or similar benefit following the death,
            retirement, or separation.
                ``(D) <<NOTE: Deadline.>> Amounts to be paid to a member or
            the member's estate under subparagraph (A)(ii) shall be paid in
            a lump

    [[Page 122 STAT. 4497]]

            sum not later than 90 days after the date of the death,
            retirement, or separation of the member, whichever applies.
                ``(E) In this paragraph, the term `combat-related
            disability' has the meaning given that term in section 1413a(e)
            of title 10.''.
                (2) Clerical amendments.--
                        (A) Section heading.--The heading of such section is
                    amended to read as follows:
    ``Sec. 373. Repayment of unearned portion of bonus, incentive pay,
                    or similar benefit, and termination of remaining
                    payments, when conditions of payment not met''.
                        (B) Table of contents.--The table of sections at the
                    beginning of chapter 5 of title 37, United States Code,
                    is amended by striking the item relating to section 373
                    and inserting the following new item:

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

             TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS

                   Subtitle A--Improvements to Health Benefits

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

                           Subtitle B--Preventive Care

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

                       Subtitle C--Wounded Warrior Matters

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

                            Subtitle D--Other Matters

    Sec. 731. Report on providing the Extended Care Health Option Program to
               dependents of military retirees.

    [[Page 122 STAT. 4498]]

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

                   Subtitle A--Improvements to Health Benefits

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

        (a) Charges Under Contracts for Medical Care.--Section 1097(e) of
    title 10, United States Code, is amended by striking ``September 30,
    2008'' and inserting ``September 30, 2009''.
        (b) Charges for Inpatient Care.--Section 1086(b)(3) of such title is
    amended by striking ``September 30, 2008'' and inserting ``September 30,
    2009''.
    SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER
                            RETAIL PHARMACY SYSTEM OF PHARMACY
                            BENEFITS PROGRAM.

        During <<NOTE: Time period.>> the period beginning on October 1,
    2008, and ending on September 30, 2009, the cost sharing requirements
    established under paragraph (6) of section 1074g(a) of title 10, United
    States Code, for pharmaceutical agents available through retail
    pharmacies covered by paragraph (2)(E)(ii) of such section may not
    exceed amounts as follows:
                (1) In the case of generic agents, $3.
                (2) In the case of formulary agents, $9.
                (3) In the case of nonformulary agents, $22.
    SEC. 703. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.

        Not <<NOTE: Deadline.>> later than September 30, 2009, the Secretary
    of Defense shall provide chiropractic services to active duty military
    personnel at 11 additional military treatment facilities that do not
    currently provide chiropractic services.
    SEC. 704. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER
                            TRICARE RESERVE SELECT AFTER 2008.

        (a) Calculation of Monthly Premiums for Years After 2009.--Section
    1076d(d)(3) of title 10, United States Code, is amended--
                (1) by inserting ``(A)'' after ``(3)'';
                (2) in subparagraph (A), as so designated--
                        (A) by striking ``that the Secretary determines''
                    and inserting ``determined''; and
                        (B) by striking the second sentence; and
                (3) by adding at the end the following new subparagraph:

        ``(B) The appropriate actuarial basis for purposes of subparagraph
    (A) shall be determined, for each calendar year after calendar year
    2009, by utilizing the actual cost of providing benefits under this
    section to members and their dependents during the calendar years
    preceding such calendar year.''.

    [[Page 122 STAT. 4499]]

        (b) Calculation of Monthly Premiums for 2009.--For purposes of
    section 1076d(d)(3) of title 10, United States Code, the appropriate
    actuarial basis for purposes of subparagraph (A) of that section shall
    be determined for calendar year 2009 by utilizing the reported cost of
    providing benefits under that section to members and their dependents
    during calendar years 2006 and 2007, except that the monthly amount of
    the premium determined pursuant to this subsection may not exceed the
    amount in effect for the month of March 2007.
        (c) Effective Date.--The amendments made by this section shall take
    effect as of October 1, 2008.
    SEC. 705. <<NOTE: Plan.>> PROGRAM FOR HEALTH CARE DELIVERY AT
                            MILITARY INSTALLATIONS PROJECTED TO GROW.

        (a) Program.--The Secretary of Defense is authorized to develop a
    plan to establish a program to build cooperative health care
    arrangements and agreements between military installations projected to
    grow and local and regional non-military health care systems.
        (b) Requirements of Plan.--In developing the plan, the Secretary of
    Defense shall--
                (1) identify and analyze health care delivery options
            involving the private sector and health care services in
            military facilities located on military installations;
                (2) develop methods for determining the cost avoidance or
            savings resulting from innovative partnerships between the
            Department of Defense and the private sector;
                (3) develop requirements for Department of Defense health
            care providers to deliver health care in civilian community
            hospitals; and
                (4) collaborate with State and local authorities to create
            an arrangement to share and exchange, between the Department of
            Defense and nonmilitary health care systems, personal health
            information, and data of military personnel and their families.

        (c) Coordination With Other Entities.--The plan shall include
    requirements for coordination with Federal, State, and local entities,
    TRICARE managed care support contractors, and other contracted assets
    around installations selected for participation in the program.
        (d) Consultation Requirements.--The Secretary of Defense shall
    develop the plan in consultation with the Secretaries of the military
    departments.
        (e) Selection of Military Installations.--Each selected military
    installation shall meet the following criteria:
                (1) The military installation has members of the Armed
            Forces on active duty and members of reserve components of the
            Armed Forces that use the installation as a training and
            operational base, with members routinely deploying in support of
            the global war on terrorism.
                (2) The military population of an installation will
            significantly increase by 2013 due to actions related to either
            Grow the Force initiatives or recommendations of the Defense
            Base Realignment and Closure Commission.
                (3) There is a military treatment facility on the
            installation that has--

    [[Page 122 STAT. 4500]]

                        (A) no inpatient or trauma center care capabilities;
                    and
                        (B) no current or planned capacity that would
                    satisfy the proposed increase in military personnel at
                    the installation.
                (4) There is a civilian community hospital near the military
            installation, and the military treatment facility has--
                        (A) no inpatient services or limited capability to
                    expand inpatient care beds, intensive care, and
                    specialty services; and
                        (B) limited or no capability to provide trauma care.

        (f) Reports.--Not later than one year after the date of the
    enactment of this Act, and every year thereafter, the Secretary of
    Defense shall submit to the Committees on Armed Services of the Senate
    and House of Representatives an annual report on any plan developed
    under subsection (a).
    SEC. 706. GUIDELINES FOR COMBINED MEDICAL FACILITIES OF THE
                            DEPARTMENT OF DEFENSE AND THE DEPARTMENT
                            OF VETERANS AFFAIRS.

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

                           Subtitle B--Preventive Care

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

        (a) Waiver of Certain Copayments.--Subject <<NOTE: Regulations.>> 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 <<NOTE: Regulations.>> regulations
            prescribed by the Secretary of Defense, the Secretary may pay a
            refund to a medicare-eligible beneficiary excluded by subsection
            (b), subject to

    [[Page 122 STAT. 4501]]

            the availability of appropriations specifically for such
            refunds, consisting of an amount up to the difference between--
                        (A) the amount the beneficiary pays for copayments
                    for preventive services during fiscal year 2009; and
                        (B) the amount the beneficiary would have paid
                    during such fiscal year if the copayments for preventive
                    services had been waived pursuant to subsection (a)
                    during that year.
                (2) Copayments covered.--The refunds under paragraph (1) are
            available only for copayments paid by medicare-eligible
            beneficiaries during fiscal year 2009.

        (d) Definitions.--In this section:
                (1) Preventive services.--The term ``preventive services''
            includes, taking into consideration the age and gender of the
            beneficiary:
                        (A) Colorectal screening.
                        (B) Breast screening.
                        (C) Cervical screening.
                        (D) Prostate screening.
                        (E) Annual physical exam.
                        (F) Vaccinations.
                        (G) Other services as determined by the Secretary of
                    Defense.
                (2) Medicare-eligible.--The term ``medicare-eligible'' has
            the meaning provided by section 1111((b) of title 10, United
            States Code.
    SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION PROJECT.

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

    [[Page 122 STAT. 4502]]

            Prime is offered, as determined by the Secretary. The area
            covered by the project shall be referred to as the demonstration
            project service area.
                (4) Programs.--The Secretary shall develop programs to
            assist enrollees to improve healthy behaviors, as identified by
            the wellness assessment.
                (5) Inclusion of incentives required.--For the purpose of
            conducting the demonstration project, the Secretary may offer
            monetary and non-monetary incentives to enrollees to encourage
            participation in the demonstration project.

        (c) Evaluation of Demonstration Project.--The Secretary shall
    annually evaluate the demonstration project for the following:
                (1) The extent to which the health risk assessment and the
            physiological and biometric measures of beneficiaries are
            improved from the baseline (as determined in the wellness
            assessment).
                (2) In the case of baseline health risk assessments and
            physiological and biometric measures that reflect healthy
            behaviors, the extent to which the measures are maintained.

        (d) Implementation Plan.--The <<NOTE: Deadline.>> 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.

    [[Page 122 STAT. 4503]]

                        (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 <<NOTE: Deadline.>> later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense shall establish a
    smoking cessation program under the TRICARE program, to be made
    available to all beneficiaries under the TRICARE program, subject to
    subsection (b). The Secretary may prescribe such regulations as may be
    necessary to implement the program.

        (b) Exclusion for Medicare-Eligible Beneficiaries.--The smoking
    cessation program shall not be made available to medicare-eligible
    beneficiaries.
        (c) Elements.--The program shall include, at a minimum, the
    following elements:
                (1) The availability, at no cost to the beneficiary, of
            pharmaceuticals used for smoking cessation, with a limitation on
            the availability of such pharmaceuticals to the national mail-
            order pharmacy program under the TRICARE program if appropriate.
                (2) Counseling.
                (3) Access to a toll-free quit line that is available 24
            hours a day, 7 days a week.
                (4) Access to printed and Internet web-based tobacco
            cessation material.

        (d) Chain of Command Involvement.--In establishing the program, the
    Secretary of Defense shall provide for involvement by officers in the
    chain of command of participants in the program who are on active duty.
        (e) Plan.--Not <<NOTE: Deadline.>> later than 90 days after the date
    of the enactment of this Act, the Secretary shall submit to the
    congressional defense committees a plan to implement the program.

        (f) Refund of Copayments.--
                (1) Authority.--Under <<NOTE: Regulations.>> regulations
            prescribed by the Secretary of Defense, the Secretary may pay a
            refund to a medicare-eligible beneficiary otherwise excluded by
            this section, subject to the availability of appropriations
            specifically for such refunds, consisting of an amount up to the
            difference between--
                        (A) the amount the beneficiary pays for copayments
                    for smoking cessation services described in subsection
                    (c) during fiscal year 2009; and
                        (B) the amount the beneficiary would have paid
                    during such fiscal year if the beneficiary had not been
                    excluded under subsection (b) from the smoking cessation
                    program under subsection (a).
                (2) Copayments covered.--The refunds under paragraph (1) are
            available only for copayments paid by medicare-eligible
            beneficiaries during fiscal year 2009.

        (g) Report.--Not later than one year after the date of the enactment
    of this Act, the Secretary shall submit to the congressional defense
    committees a report covering the following:
                (1) The status of the program.
                (2) The number of participants in the program.
                (3) The cost of the program.

    [[Page 122 STAT. 4504]]

                (4) The costs avoided that are attributed to the program.
                (5) The success rates of the program compared to other
            nationally recognized smoking cessation programs.
                (6) Findings regarding the success rate of participants in
            the program.
                (7) Recommendations to modify the policies and procedures of
            the program.
                (8) Recommendations concerning the future utility of the
            program.

        (h) Definitions.--In this section:
                (1) TRICARE program.--The term ``TRICARE program'' has the
            meaning provided by section 1072(7) of title 10, United States
            Code.
                (2) Medicare-eligible.--The term ``medicare-eligible'' has
            the meaning provided by section 1111(b) of title 10, United
            States Code.
    SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

        (a) Allowance.--Chapter 7 of title 37, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 438. Preventive health services allowance

        ``(a) Demonstration Project.--During <<NOTE: Time period.>> 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.

    [[Page 122 STAT. 4505]]

                ``(C) Cervical screening.
                ``(D) Prostate screening.
                ``(E) Annual physical exam.
                ``(F) Annual dental exam.
                ``(G) Weight and body mass screening.
                ``(H) Vaccinations.

        ``(3) The Secretary of Defense shall ensure that members selected to
    receive the preventive health services allowance and their dependents
    are provided a reasonable opportunity to receive the services authorized
    under this subsection in their local area.
        ``(e) Data Collection.--At a minimum, the Secretary of Defense shall
    monitor and record the health of members receiving a preventive health
    services allowance and their dependents and the results of the testing
    required to qualify for payment of the allowance, if conducted. The
    Secretary shall assess the medical utility of the testing required to
    qualify for payment of a preventive health allowance.
        ``(f) Reporting Requirement.--Not later than March 31, 2010, and
    March 31, 2012, the Secretary of Defense shall submit to Congress a
    report on the status of the demonstration project, including findings
    regarding the medical status of participants, recommendations to modify
    the policies and procedures of the program, and recommendations
    concerning the future utility of the project.
        ``(g) Regulations.--The Secretary of Defense shall prescribe
    regulations to carry out this section.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

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

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

        Section 1092(a) of title 10, United States Code, is amended by
    adding at the end the following new paragraphs:
        ``(3) The Secretary of Defense may include in the studies and
    demonstration projects conducted under paragraph (1) studies and
    demonstration projects to provide awards and incentives to members of
    the armed forces and covered beneficiaries who obtain health promotion
    and disease prevention health care services under the TRICARE program in
    accordance with terms and schedules prescribed by the Secretary. Such
    awards and incentives may include cash awards and, in the case of
    members of the armed forces, personnel incentives.
        ``(4)(A) The Secretary of Defense may, in consultation with the
    other administering Secretaries, include in the studies and
    demonstration projects conducted under paragraph (1) studies and
    demonstration projects to provide awards or incentives to individual
    health care professionals under the authority of such Secretaries,
    including members of the uniformed services, Federal civilian employees,
    and contractor personnel, to encourage and reward effective
    implementation of innovative health care programs designed to improve
    quality, cost-effectiveness, health promotion, medical readiness, and
    other priority objectives. Such awards and incentives may include cash
    awards and, in the case of members of the armed forces and Federal
    civilian employees, personnel incentives.

    [[Page 122 STAT. 4506]]

        ``(B) Amounts available for the pay of members of the uniformed
    services shall be available for awards and incentives under this
    paragraph with respect to members of the uniformed services.
        ``(5) The Secretary of Defense may include in the studies and
    demonstration projects conducted under paragraph (1) studies and
    demonstration projects to improve the medical and dental readiness of
    members of reserve components of the armed forces, including the
    provision of health care services to such members for which they are not
    otherwise entitled or eligible under this chapter.
        ``(6) The Secretary of Defense may include in the studies and
    demonstration projects conducted under paragraph (1) studies and
    demonstration projects to improve the continuity of health care services
    for family members of mobilized members of the reserve components of the
    armed forces who are eligible for such services under this chapter,
    including payment of a stipend for continuation of employer-provided
    health coverage during extended periods of active duty.''.

                       Subtitle C--Wounded Warrior Matters

    SEC. 721. <<NOTE: Establishment.>> CENTER OF EXCELLENCE IN
                            PREVENTION, DIAGNOSIS, MITIGATION,
                            TREATMENT, AND REHABILITATION OF HEARING
                            LOSS AND AUDITORY SYSTEM INJURIES.

        (a) In General.--The Secretary of Defense shall establish within the
    Department of Defense a center of excellence in the prevention,
    diagnosis, mitigation, treatment, and rehabilitation of hearing loss and
    auditory system injury to carry out the responsibilities specified in
    subsection (c).
        (b) Partnerships.--The Secretary shall ensure that the center
    collaborates to the maximum extent practicable with the Secretary of
    Veterans Affairs, institutions of higher education, and other
    appropriate public and private entities (including international
    entities) to carry out the responsibilities specified in subsection (c).
        (c) Responsibilities.--
                (1) In general.--The center shall--
                        (A) implement a comprehensive plan and strategy for
                    the Department of Defense, as developed by the Secretary
                    of Defense, for a registry of information for the
                    tracking of the diagnosis, surgical intervention or
                    other operative procedure, other treatment, and follow
                    up for each case of hearing loss and auditory system
                    injury incurred by a member of the Armed Forces while
                    serving on active duty;
                        (B) ensure the electronic exchange with the
                    Secretary of Veterans Affairs of information obtained
                    through tracking under subparagraph (A); and
                        (C) enable the Secretary of Veterans Affairs to
                    access the registry and add information pertaining to
                    additional treatments or surgical procedures and
                    eventual hearing outcomes for veterans who were entered
                    into the registry and subsequently received treatment
                    through the Veterans Health Administration.
                (2) Designation of registry.--The registry under this
            subsection shall be known as the ``Hearing Loss and Auditory
            System Injury Registry'' (hereinafter referred to as the
            ``Registry'').

    [[Page 122 STAT. 4507]]

                (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 <<NOTE: Deadlines.>> 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) <<NOTE: Notice.>> 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.

    [[Page 122 STAT. 4508]]

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

        Section 1623(d) <<NOTE: Ante, p. 455.>> of Public Law 110-181 is
    amended by striking ``in combat'' at the end.
    SEC. 723. <<NOTE: Establishment.>> CENTER OF EXCELLENCE IN THE
                            MITIGATION, TREATMENT, AND REHABILITATION
                            OF TRAUMATIC EXTREMITY INJURIES AND
                            AMPUTATIONS.

        (a) In General.--The Secretary of Defense and the Secretary of
    Veterans Affairs shall jointly establish a center of excellence in the
    mitigation, treatment, and rehabilitation of traumatic extremity
    injuries and amputations.
        (b) Partnerships.--The Secretary of Defense and the Secretary of
    Veterans Affairs shall jointly ensure that the center collaborates with
    the Department of Defense, the Department of Veterans Affairs,
    institutions of higher education, and other appropriate public and
    private entities (including international entities) to carry out the
    responsibilities specified in subsection (c).
        (c) Responsibilities.--The center shall have the responsibilities as
    follows:
                (1) To implement a comprehensive plan and strategy for the
            Department of Defense and the Department of Veterans Affairs for
            the mitigation, treatment, and rehabilitation of traumatic
            extremity injuries and amputations.
                (2) To conduct research to develop scientific information
            aimed at saving injured extremities, avoiding amputations, and
            preserving and restoring the function of injured extremities.
            Such research shall address military medical needs and include
            the full range of scientific inquiry encompassing basic,
            translational, and clinical research.
                (3) To carry out such other activities to improve and
            enhance the efforts of the Department of Defense and the
            Department of Veterans Affairs for the mitigation, treatment,
            and rehabilitation of traumatic extremity injuries and
            amputations as the Secretary of Defense and the Secretary of
            Veterans Affairs consider appropriate.

        (d) Reports.--
                (1) In general.--Not later than one year after the date of
            the enactment of this Act, and annually thereafter, the
            Secretary of Defense and the Secretary of Veterans Affairs shall
            jointly submit to Congress a report on the activities of the
            center.
                (2) Elements.--Each report under this subsection shall
            include the following:
                        (A) In the case of the first report under this
                    subsection, a description of the implementation of the
                    requirements of this Act.
                        (B) A description and assessment of the activities
                    of the center during the one-year period ending on the
                    date of such report, including an assessment of the role
                    of such activities in improving and enhancing the
                    efforts of the Department of Defense and the Department
                    of Veterans Affairs for the mitigation, treatment, and
                    rehabilitation of traumatic extremity injuries and
                    amputations.

    [[Page 122 STAT. 4509]]

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

        Section 1616(a) of the Wounded Warrior Act (title XVI of Public Law
    110-181; 122 Stat. 447; 10 U.S.C. 1071 note) is amended in the first
    sentence by inserting ``receiving legal assistance referral information
    (where appropriate), receiving other appropriate referral information,''
    after ``receiving benefits information,''.
    SEC. 725. SENSE OF CONGRESS ON RESEARCH ON TRAUMATIC BRAIN INJURY.

        It is the sense of Congress that the requirement under section
    1621(c)(7) of the National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 453; 10 U.S.C. 1071 note) to conduct
    basic science and translational research on traumatic brain injury
    includes pilot programs designed to test the efficacy of clinical
    approaches, including the use of pharmacological agents. Congress urges
    continued studies of the efficacy of pharmacological agents for
    treatment of traumatic brain injury and supports continued joint
    research with the National Institutes of Health in this area.
    SEC. 726. EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH RESPECT TO
                            WOUNDED WARRIOR MATTERS.

        (a) In <<NOTE: Termination date.>> General.--The Secretary of
    Defense and the Secretary of Veterans Affairs shall jointly take such
    actions as are appropriate, including the allocation of appropriate
    personnel, funding, and other resources, to continue the operations of
    the Senior Oversight Committee until December 31, 2009.

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

    [[Page 122 STAT. 4510]]

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

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

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

                            Subtitle D--Other Matters

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

        (a) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report on including dependents of
    military retirees in the ECHO program for a limited transitional period
    following retirement.
        (b) Contents of Report.--The report required under subsection (a)
    shall include the following:
                (1) The most current data on the number of military retirees
            with dependents who are eligible to receive extended benefits
            under the ECHO program and an estimate of the number of future
            military retirees with dependents who are eligible to receive
            such benefits.
                (2) The cost estimates of providing extended benefits under
            the ECHO program to dependents of all current and future
            military retirees.
                (3) The feasibility of including dependents of military
            retirees in any ongoing demonstration or pilot programs within
            the ECHO program.
                (4) The statutory and regulatory impediments to including
            dependents of military retirees in the ECHO program.

        (c) ECHO Program.--In this section, the term ``ECHO program'' means
    the Extended Care Health Option program provided pursuant to subsections
    (d), (e), and (f) of section 1079 of title 10, United States Code.

    [[Page 122 STAT. 4511]]

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

        Section 1079(f) of title 10, United States Code is amended--
                (1) in paragraph (2)(A), by striking ``month shall not
            exceed $2,500,'' and inserting ``year shall not exceed $36,000,
            prorated as determined by the Secretary of Defense,''; and
                (2) in paragraph (2)(B), by striking ``month'' and inserting
            ``year.''.
    SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON THE PREVENTION OF
                            SUICIDE BY MEMBERS OF THE ARMED FORCES.

        (a) Requirement to Establish.--The Secretary of Defense shall
    establish within the Department of Defense a task force to examine
    matters relating to prevention of suicide by members of the Armed
    Forces.
        (b) Composition.--
                (1) Members.--The task force shall consist of not more than
            14 members appointed by the Secretary of Defense from among
            individuals described in paragraph (2) who have demonstrated
            expertise in the area of suicide prevention and response.
                (2) Range of members.--The individuals appointed to the task
            force shall include--
                        (A) at least one member of each of the Army, Navy,
                    Air Force, and Marine Corps;
                        (B) a number of persons from outside the Department
                    of Defense equal to the total number of personnel from
                    within the Department of Defense (whether members of the
                    Armed Forces or civilian personnel) who are appointed to
                    the task force;
                        (C) persons who have experience in--
                              (i) national suicide prevention policy;
                              (ii) military personnel policy;
                              (iii) research in the field of suicide
                          prevention;
                              (iv) clinical care in mental health; or
                              (v) military chaplaincy or pastoral care; and
                        (D) at least one family member of a member of the
                    Armed Forces who has experience working with military
                    families.
                (3) Individuals appointed outside department of defense.--
            Individuals appointed to the task force from outside the
            Department of Defense may include officers or employees of other
            departments or agencies of the Federal Government, officers or
            employees of State and local governments, or individuals from
            the private sector.
                (4) Deadline for appointment.--All appointments of
            individuals to the task force shall be made not later than 180
            days after the date of the enactment of this Act.
                (5) Co-chairs of task force.--There shall be two co-chairs
            of the task force. One of the co-chairs shall be designated by
            the Secretary of the Defense at the time of appointment from
            among the Department of Defense personnel appointed to the task
            force. The other co-chair shall be selected from among the
            members appointed from outside the Department of Defense by
            members so appointed.

        (c) Assessment and Recommendations on Suicide Prevention Policy.--

    [[Page 122 STAT. 4512]]

                (1) In general.--Not <<NOTE: Deadline. Reports.>> later than
            12 months after the date on which all members of the task force
            have been appointed, the task force shall submit to the
            Secretary a report containing recommendations regarding a
            comprehensive policy designed to prevent suicide by members of
            the Armed Forces.
                (2) Utilization of other efforts.--In preparing the report,
            the task force shall take into consideration completed and
            ongoing efforts by the military departments to improve the
            efficacy of suicide prevention programs.
                (3) Elements.--The recommendations (including
            recommendations for legislative or administrative action) shall
            include measures to address the following:
                        (A) Methods to identify trends and common causal
                    factors in suicides by members of the Armed Forces.
                        (B) Methods to establish or update suicide education
                    and prevention programs conducted by each military
                    department based on identified trends and causal
                    factors.
                        (C) An assessment of current suicide education and
                    prevention programs of each military department.
                        (D) An assessment of suicide incidence by military
                    occupation to include identification of military
                    occupations with a high incidence of suicide.
                        (E) The appropriate type and method of investigation
                    to determine the causes and factors surrounding each
                    suicide by a member of the Armed Forces.
                        (F) The qualifications of the individual appointed
                    to conduct an investigation of a suicide by a member of
                    the Armed Forces.
                        (G) The required information to be determined by an
                    investigation in order to determine the causes and
                    factors surrounding suicides by members of the Armed
                    Forces.
                        (H) The appropriate reporting requirements following
                    an investigation conducted on a suicide by a member of
                    the Armed Forces.
                        (I) The appropriate official or executive agent
                    within the military department and Department of Defense
                    to receive and analyze reports on investigations of
                    suicides by members of the Armed Forces.
                        (J) The appropriate use of the information gathered
                    during investigations of suicides by members of the
                    Armed Forces.
                        (K) Methods for protecting confidentiality of
                    information contained in reports of investigations of
                    suicides by members of the Armed Forces.

        (d) Administrative Matters.--
                (1) Compensation.--Each member of the task force who is a
            member of the Armed Forces or a civilian officer or employee of
            the United States shall serve without compensation (other than
            compensation to which entitled as a member of the Armed Forces
            or an officer or employee of the United States, as the case may
            be). Other members of the task force shall be treated for
            purposes of section 3161 of title 5, United States Code, as
            having been appointed under subsection (b) of such section.
                (2) Oversight.--The Under Secretary of Defense for Personnel
            and Readiness shall oversee the activities of the task force.

    [[Page 122 STAT. 4513]]

                (3) Administrative support.--The Washington Headquarters
            Services of the Department of Defense shall provide the task
            force with personnel, facilities, and other administrative
            support as necessary for the performance of the duties of the
            task force.
                (4) Access to facilities.--The Under Secretary of Defense
            for Personnel and Readiness shall, in coordination with the
            Secretaries of the military departments, ensure appropriate
            access by the task force to military installations and
            facilities for purposes of the discharge of the duties of the
            task force.

        (e) Report.--
                (1) In general.--The task force shall submit to the
            Secretary of Defense a report on its activities under this
            section. The report shall include--
                        (A) a description of the activities of the task
                    force;
                        (B) the assessment and recommendations required by
                    subsection (c); and
                        (C) such other matters relating to the activities of
                    the task force that the task force considers
                    appropriate.
                (2) Transmittal to congress.--Not later than 90 days after
            receipt of the report under paragraph (1), the Secretary shall
            transmit the report to the Committees on Armed Services of the
            Senate and the House of Representatives. The Secretary may
            include in the transmittal such comments on the report as the
            Secretary considers appropriate.

        (f) Plan Required.--Not <<NOTE: Deadline.>> later than March 1,
    2010, the Secretary of Defense shall develop a plan based on the
    recommendations of the task force and submit the plan to the
    congressional defense committees.

        (g) Termination.--The task force shall terminate 90 days after the
    date on which the report of the task force is submitted to Congress
    under subsection (e)(2).
    SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE
                            ARMED FORCES WHO AGREE TO SERVE IN THE
                            SELECTED RESERVE OF THE READY RESERVE.

        (a) Provision of Transitional Health Care.--Section 1145(a)(2) of
    title 10, United States Code, is amended by adding at the end the
    following new subparagraph:
                ``(F) A member who is separated from active duty who agrees
            to become a member of the Selected Reserve of the Ready Reserve
            of a reserve component.''.

        (b) Effective Date.--Subparagraph (F) of section 1145(a)(2) of title
    10, United States Code, as added by subsection (a), shall apply with
    respect to members of the Armed Forces separated from active duty after
    the date of the enactment of this Act.
    SEC. 735. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF MEMBERS
                            OF THE ARMED FORCES.

        (a) Expansion of Availability of Medical and Dental Services for
    Reserves.--
                (1) Expansion <<NOTE: Deadline.>> of availability for
            reserves assigned to units scheduled for deployment within 75
            days of mobilization.--Subsection (d)(1) of section 1074a of
            title 10, United States Code, is amended by striking ``The
            Secretary of the Army shall provide to members of the Selected
            Reserve of the Army'' and inserting ``The Secretary concerned
            shall provide to members of the Selected Reserve''.

    [[Page 122 STAT. 4514]]

                (2) Availability for certain other reserves.--Such section
            is further amended by adding at the end the following new
            subsection:

        ``(g)(1) The Secretary concerned may provide to any member of the
    Selected Reserve not described in subsection (d)(1) or (f), and to any
    member of the Individual Ready Reserve described in section 10144(b) of
    this title the medical and dental services specified in subsection
    (d)(1) if the Secretary determines that the receipt of such services by
    such member is necessary to ensure that the member meets applicable
    standards of medical and dental readiness.
        ``(2) Services may not be provided to a member under this subsection
    for a condition that is the result of the member's own misconduct.
        ``(3) The services provided under this subsection shall be provided
    at no cost to the member.''.
                (3) Funding.--Such section is further amended by adding at
            the end the following new subsection:

        ``(h) Amounts available for operation and maintenance of a reserve
    component of the armed forces may be available for purposes of this
    section to ensure the medical and dental readiness of members of such
    reserve component.''.
        (b) Waiver of Certain Copayments for Dental Care for Reserves for
    Readiness Purposes.--Section 1076a(e) of such title is amended--
                (1) by redesignating paragraphs (1), (2), and (3) as
            subparagraphs (A), (B), and (C), respectively;
                (2) by striking ``A member or dependent'' and inserting
            ``(1) Except as provided pursuant to paragraph (2), a member or
            dependent''; and
                (3) by adding at the end the following new paragraph:

        ``(2)(A) <<NOTE: Regulations. Waiver authority.>> During a national
    emergency declared by the President or Congress and subject to
    regulations prescribed by the Secretary of Defense, the Secretary may
    waive, in whole or in part, the charges otherwise payable by a member of
    the Selected Reserve of the Ready Reserve or a member of the Individual
    Ready Reserve under paragraph (1) for the coverage of the member alone
    under the dental insurance plan established under subsection (a)(1) if
    the Secretary determines that such waiver of the charges would
    facilitate or ensure the readiness of a unit or individual for
    deployment.

        ``(B) The waiver under subparagraph (A) may apply only with respect
    to charges for coverage of dental care required for readiness.''.
        (c) Report on Policies and Procedures in Support of Medical and
    Dental Readiness.--
                (1) In general.--Not later than March 1, 2009, the Secretary
            of Defense shall submit to the Committees on Armed Services of
            the Senate and the House of Representatives a report on the
            policies and procedures of the Department of Defense to ensure
            the medical and dental readiness of members of the Armed Forces.
                (2) Elements.--The report required by paragraph (1) shall
            include the following:
                        (A) A description of the current standards of each
                    military department with respect to the medical and
                    dental readiness of individual members of the Armed
                    Forces

    [[Page 122 STAT. 4515]]

                    (including members of the regular components and members
                    of the reserve components), and with respect to the
                    medical and dental readiness of units of the Armed
                    Forces (including units of the regular components and
                    units of the reserve components), under the jurisdiction
                    of such military department.
                        (B) A description of the manner in which each
                    military department applies the standards described
                    under subparagraph (A) with respect to each of the
                    following:
                              (i) Performance evaluation.
                              (ii) Promotion.
                              (iii) In the case of the members of the
                          reserve components, eligibility to attend annual
                          training.
                              (iv) Continued retention in the Armed Forces.
                              (v) Such other matters as the Secretary
                          considers appropriate.
                        (C) A statement of the number of members of the
                    Armed Forces (including members of the regular
                    components and members of the reserve components) who
                    were determined to be not ready for deployment at any
                    time during the period beginning on October 1, 2001, and
                    ending on September 30, 2008, due to failure to meet
                    applicable medical or dental standards, and an
                    assessment of whether the unreadiness of such members
                    for deployment could reasonably have been mitigated by
                    actions of the members concerned to maintain individual
                    medical or dental readiness.
                        (D) A description of any actual or perceived
                    barriers to the achievement of full medical and dental
                    readiness in the Armed Forces (including among the
                    regular components and the reserve components),
                    including barriers associated with the following:
                              (i) Quality or cost of, or access to, medical
                          and dental care.
                              (ii) Availability of programs and incentives
                          intended to prevent medical or dental problems.
                        (E) Such recommendations for legislative or
                    administrative action as the Secretary considers
                    appropriate to ensure the medical and dental readiness
                    of individual members of the Armed Forces and units of
                    the Armed Forces, including recommendations regarding
                    the following:
                              (i) The advisability of requiring that fitness
                          reports of members of the Armed Forces include--
                                        (I) a statement of whether or not a
                                    member meets medical and dental
                                    readiness standards for deployment; and
                                        (II) in cases in which a member does
                                    not meet such standard, a statement of
                                    actions being taken to ensure that the
                                    member meets such standards and the
                                    anticipated schedule for meeting such
                                    standards.
                              (ii) The advisability of establishing a
                          mandatory promotion standard relating to
                          individual medical and dental readiness and, in
                          the case of a unit commander, unit medical and
                          dental readiness.

    [[Page 122 STAT. 4516]]

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

                  Subtitle A--Acquisition Policy and Management

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

      Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

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

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

              Subtitle E--Department of Defense Contractor Matters

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

              Subtitle F--Matters Relating to Iraq and Afghanistan

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

               Subtitle G--Governmentwide Acquisition Improvements

    Sec. 861. Short title.

    [[Page 122 STAT. 4517]]

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

                            Subtitle H--Other Matters

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

                  Subtitle A--Acquisition Policy and Management

    SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

        (a) Assessment Required.--The <<NOTE: Study. Reports.>> Secretary of
    Defense shall commission a study and report by an independent commission
    or a federally funded research and development center to assess the
    effectiveness of the processes used by the Department of Defense for the
    generation of urgent operational need requirements, and the acquisition
    processes used to fulfill such requirements. Such assessment shall
    include the following:
                (1) A description and evaluation of the effectiveness of the
            procedures used to generate, validate, and fulfill warfighting
            requirements through the urgent operational need and joint
            urgent operational need processes, including--
                        (A) the extent to which joint and urgent operational
                    need statements are used to document required capability
                    gaps or are used to request specific acquisition
                    outcomes, such as specific systems or equipment;
                        (B) the effectiveness of the processes used by each
                    of the military departments and the various elements of
                    the Department of Defense to prioritize and fulfill
                    joint and urgent operational needs, including the rapid
                    acquisition processes of the military departments, as
                    well as the joint improvised explosive device defeat
                    organization and the joint rapid acquisition cell; and
                        (C) the timeliness and responsiveness of the
                    processes used by the military departments and the
                    various elements of the Department of Defense to review
                    and validate urgent operational needs statements and
                    joint urgent operational needs statements.

    [[Page 122 STAT. 4518]]

                (2) An evaluation of the extent to which joint urgent
            operational need statements are used to avoid using service-
            specific urgent operational need and acquisition processes or to
            document non-urgent capability gaps.
                (3) An evaluation of the extent to which joint acquisition
            entities maintain oversight, once a military department or
            defense agency has been designated as responsible for execution
            and fielding of a capability in response to a joint urgent
            operational need statement, including oversight of--
                        (A) the responsiveness of the military department or
                    agency in execution;
                        (B) the field performance of the capability
                    delivered in response to the joint urgent operational
                    need statement; and
                        (C) the concurrent development of a long term
                    acquisition and sustainment strategy.
                (8) Recommendations regarding--
                        (A) best practices and process improvements to
                    ensure that urgent operational needs statements and
                    joint urgent operational needs statements are presented
                    to appropriate authorities for review and validation not
                    later than 60 days after the documents are submitted;
                        (B) common definitions and standards for urgent
                    operational needs statements and joint urgent
                    operational need statements;
                        (C) best practices and process improvements for the
                    creation, evaluation, prioritization, and fulfillment of
                    urgent operational need statements and joint urgent
                    operational need statements; and
                        (D) the extent to which rapid acquisition processes
                    should be consolidated or expanded.

        (b) Submission to Congress.--Not <<NOTE: Deadline. Reports.>> later
    than 270 days after the date of the enactment of this Act, the Secretary
    of Defense shall submit to the congressional defense committees the
    report resulting from the study conducted pursuant to subsection (a).
    SEC. 802. IMPLEMENTATION OF STATUTORY REQUIREMENTS REGARDING THE
                            NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

        (a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall issue guidance regarding--
                (1) the appropriate application of the authority in sections
            2304(b) and 2304(c)(3)(A) of title 10, United States Code, in
            connection with major defense acquisition programs; and
                (2) the appropriate timing and performance of the
            requirement in section 2440 of title 10, United States Code, to
            consider the national technology and industrial base in the
            development and implementation of acquisition plans for each
            major defense acquisition program.

        (b) Definitions.--In this section;
                (1) Major defense acquisition program.--The term ``major
            defense acquisition program'' has the meaning provided in
            section 2430 of title 10, United States Code.
                (2) National technology and industrial base.--The term
            ``national technology and industrial base'' has the meaning
            provided in section 2500(1) of title 10, United States Code.

    [[Page 122 STAT. 4519]]

    SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.

        (a) In General.--The Secretary of Defense shall ensure that
    contracting officials identify and evaluate, at all stages of the
    acquisition process (including concept refinement, concept decision, and
    technology development), opportunities for the use of commercial
    computer software and other non-developmental software.
        (b) Report.--Not later than 270 days after the date of enactment of
    this Act, the Secretary shall submit to the congressional defense
    committees a report on actions taken to implement subsection (a),
    including a description of any relevant regulations and policy guidance.
    SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
                            DEPARTMENT OF DEFENSE BY CERTAIN NON-
                            DEFENSE AGENCIES.

        (a) Inclusion of Additional Non-Defense Agencies in Review.--The
    covered non-defense agencies specified in subsection (c) of this section
    shall be considered covered non-defense agencies as defined in
    subsection (i) of section 817 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2326) for purposes of such section.
        (b) Deadlines and Applicability for Additional Non-Defense
    Agencies.--For each covered non-defense agency specified in subsection
    (c) of this section, section 817 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2326) shall apply to such agency as follows:
                (1) The review and determination required by subsection
            (a)(1) of such section shall be completed by not later than
            March 15, 2009.
                (2) The review and determination required by subsection
            (a)(2) of such section, if necessary, shall be completed by not
            later than June 15, 2010, and such review and determination
            shall be a review and determination of such agency's procurement
            of property and services on behalf of the Department of Defense
            in fiscal year 2009.
                (3) The memorandum of understanding required by subsection
            (c)(1) of such section shall be entered into by not later than
            60 days after the date of the enactment of this Act.
                (4) The limitation specified in subsection (d)(1) of such
            section shall apply after March 15, 2009, and before June 16,
            2010.
                (5) The limitation specified in subsection (d)(2) of such
            section shall apply after June 15, 2010.
                (6) The limitation required by subsection (d)(3) of such
            section shall commence, if necessary, on the date that is 60
            days after the date of the enactment of this Act.

        (c) Definition of Covered Non-Defense Agency.--In this section, the
    term ``covered non-defense agency'' means each of the following:
                (1) The Department of Commerce.
                (2) The Department of Energy.

        (d) Modification of Certain Additional Authorities on Internal
    Controls for Procurements on Behalf of DOD.--Section 801 of the National
    Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
    Stat. 202; 10 U.S.C. 2304 note) is amended--
                (1) in subsection (a)(2)--

    [[Page 122 STAT. 4520]]

                        (A) in subparagraph (B), by striking ``each of the
                    Department of the Treasury, the Department of the
                    Interior, and the National Aeronautics and Space
                    Administration'' and inserting ``the Department of the
                    Interior''; and
                        (B) by adding at the end the following new
                    subparagraph:
                        ``(D) <<NOTE: Deadline.>> In the case of each of the
                    Department of Commerce and the Department of Energy, by
                    not later than March 15, 2015.''; and
                (2) in subsection (f)(2)--
                        (A) by striking subparagraphs (B) and (D);
                        (B) by redesignating subparagraphs (C), (E), and (F)
                    as subparagraphs (B), (C), and (D), respectively; and
                        (C) by adding at the end the following new
                    subparagraphs:
                        ``(E) The Department of Commerce.
                        ``(F) The Department of Energy.''.

      Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

        ``(a) Authority To Designate Major Subprograms as Subject to
    Acquisition Reporting Requirements.--(1) If the Secretary of Defense
    determines that a major defense acquisition program requires the
    delivery of two or more categories of end items which differ
    significantly from each other in form and function, the Secretary may
    designate each such category of end items as a major subprogram for the
    purposes of acquisition reporting under this chapter.
        ``(2) <<NOTE: Notification. Deadline.>> The Secretary shall notify
    the congressional defense committees in writing of any proposed
    designation pursuant to paragraph (1) not less than 30 days before the
    date such designation takes effect.

        ``(b) Reporting Requirements.--If the Secretary designates a major
    subprogram of a major defense acquisition program in accordance with
    subsection (a), Selected Acquisition Reports, unit cost reports, and
    program baselines under this chapter shall reflect cost, schedule, and
    performance information--
                ``(1) for the major defense acquisition program as a whole;
            and
                ``(2) for each major subprogram of the major defense
            acquisition program so designated.

        ``(c) Requirement to Cover Entire Major Defense Acquisition
    Program.--If a subprogram of a major defense acquisition program is
    designated as a major subprogram under subsection

    [[Page 122 STAT. 4521]]

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

    ``2430a. Major subprograms.''.

        (b) Conforming Amendments to Section 2432.--Section 2432 of such
    title is amended--
                (1) in subsection (b)(2)(A), by inserting ``for the program
            (or for each designated subprogram under the program)'' after
            ``procurement unit cost'';
                (2) in subsection (c)--
                        (A) in paragraph (1)(B)--
                              (i) by inserting ``or designated major
                          subprogram'' after ``for each major defense
                          acquisition program''; and
                              (ii) by inserting ``or subprogram'' after
                          ``the program'';
                        (B) in paragraph (1)(C)--
                              (i) by inserting ``or designated major
                          subprogram'' after ``major defense acquisition
                          program''; and
                              (ii) by inserting ``or subprogram'' after
                          ``the program''; and
                        (C) in paragraph (3)(A), by inserting ``and each
                    designated major subprogram'' after ``for each major
                    defense acquisition program'';
                (3) in subsection (e)--

    [[Page 122 STAT. 4522]]

                        (A) in paragraph (3), by inserting before the period
                    the following: ``for the program (or for each designated
                    major subprogram under the program)'';
                        (B) in paragraph (5), by inserting before the period
                    the following: ``(or for each designated major
                    subprogram under the program)'';
                        (C) in paragraph (7), by inserting ``or subprogram''
                    after ``of the program'' each place it appears; and
                        (D) in paragraph (8), by inserting ``and designated
                    major subprograms under the program'' after ``the
                    program'';
                (4) in subsection (g)--
                        (A) by inserting ``or designated major subprogram''
                    after ``major defense acquisition program''; and
                        (B) by inserting ``or subprogram'' after ``the
                    program'' each place it appears; and
                (5) in subsection (h)(2)(C), by inserting ``and designated
            major subprograms under the program'' after ``the development
            program''.

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

    [[Page 122 STAT. 4523]]

                        (A) by striking ``the program acquisition unit cost
                    for the program or the procurement unit cost for the
                    program'' and inserting ``the program acquisition unit
                    cost for the program (or for a designated major
                    subprogram under the program) or the procurement unit
                    cost for the program (or for such a subprogram)''; and
                        (B) by striking ``for the program'' after
                    ``significant cost growth threshold'';
                (4) in subsection (d)--
                        (A) in paragraph (1)--
                              (i) by inserting ``or any designated major
                          subprogram under the program'' after ``major
                          defense acquisition program''; and
                              (ii) by inserting ``or subprogram'' after
                          ``for the program'' each place it appears;
                        (B) in paragraph (2)--
                              (i) by inserting ``or any designated major
                          subprogram under the program'' after ``major
                          defense acquisition program''; and
                              (ii) by inserting ``or subprogram'' after
                          ``for the program'' each place it appears; and
                        (C) in paragraph (3), by striking ``such program''
                    and inserting ``the program or subprogram concerned'';
                (5) in subsection (e)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (A)--
                                        (I) by inserting ``or designated
                                    major subprogram'' after ``major defense
                                    acquisition program''; and
                                        (II) by inserting ``or subprogram''
                                    after ``for the program''; and
                              (ii) in subparagraph (B)--
                                        (I) by inserting ``or designated
                                    major subprogram'' after ``major defense
                                    acquisition program''; and
                                        (II) by inserting ``or subprogram''
                                    after ``that program''; and
                        (B) in paragraph (2), in the matter preceding
                    subparagraph (A)--
                              (i) by inserting ``or designated major
                          subprogram'' after ``major defense acquisition
                          program''; and
                              (ii) by inserting ``or subprogram'' after
                          ``for the program''; and
                (6) in subsection (g)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (D)--
                                        (I) by inserting ``(and for each
                                    designated major subprogram under the
                                    program)'' after ``for the program'';
                                    and
                                        (II) by inserting ``or subprogram''
                                    after ``in which the program'';
                              (ii) in subparagraph (E), by inserting ``for
                          the program (and for each designated major
                          subprogram under the program)'' after ``program
                          acquisition cost'';
                              (iii) in subparagraph (F), by inserting before
                          the period the following: ``for the program (or
                          for any designated major subprogram under the
                          program)'';

    [[Page 122 STAT. 4524]]

                              (iv) in subparagraph (G)--
                                        (I) by inserting ``and each
                                    designated major subprogram under the
                                    program'' after of ``the program''; and
                                        (II) by inserting ``or subprogram''
                                    after ``for the program'' each place it
                                    appears;
                              (v) in subparagraph (H)--
                                        (I) by inserting ``and each
                                    designated major subprogram under the
                                    program'' after ``the program'' the
                                    first place it appears; and
                                        (II) by inserting ``or subprogram''
                                    after ``the program'' the second place
                                    it appears;
                              (vi) in subparagraph (J), by inserting ``for
                          the program (or for each designated major
                          subprogram under the program)'' after ``program
                          acquisition unit cost'';
                              (vii) in subparagraph (K), by inserting ``for
                          the program (or for each designated major
                          subprogram under the program)'' after
                          ``procurement unit cost'' each place it appears;
                              (viii) in subparagraph (O), by inserting
                          before the period the following: ``for the program
                          (or for any designated major subprogram under the
                          program)'';
                              (ix) in subparagraph (P)--
                                        (I) by inserting ``or subprogram''
                                    after ``the program'' the first place it
                                    appears; and
                                        (II) by inserting ``and any
                                    designated major subprogram under the
                                    program'' after ``the program'' the
                                    second place it appears; and
                              (x) in subparagraph (Q), by inserting ``or any
                          designated major subprogram under the program''
                          after ``the program''; and
                        (B) in paragraph (2)--
                              (i) by inserting ``or designated major
                          subprogram'' after ``major defense acquisition
                          program'';
                              (ii) by inserting ``or subprogram'' after
                          ``the entire program''; and
                              (iii) by inserting ``or subprogram'' after ``a
                          program''.

        (d) Conforming Amendments to Section 2435.--Section 2435 of such
    title is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by inserting ``and for each
                    designated major subprogram under the program'' after
                    ``major defense acquisition program''; and
                        (B) in paragraph (2), by inserting ``or designated
                    major subprogram'' after ``major defense acquisition
                    program'';
                (2) in subsection (b)--
                        (A) by inserting ``or any designated major
                    subprogram under the program'' after ``major defense
                    acquisition program''; and
                        (B) by inserting ``or subprogram'' after ``the
                    program'';
                (3) in subsection (c)--
                        (A) by inserting ``or any designated major
                    subprogram under the program'' after ``major defense
                    acquisition program''; and
                        (B) by inserting ``or subprogram'' after ``the
                    program'' each place it appears;

    [[Page 122 STAT. 4525]]

                (4) in subsection (d)--
                        (A) by inserting ``or any designated major
                    subprogram under the program'' after ``major defense
                    acquisition program'' each place it appears;
                        (B) in paragraph (1)--
                              (i) by inserting ``or subprogram'' after ``the
                          program'' each place it appears; and
                              (ii) by inserting ``or subprogram'' after ``at
                          program''; and
                        (C) in paragraph (2), by inserting ``or subprogram''
                    after ``for the program'' each place it appears; and
                (5) in subsection (e)--
                        (A) by inserting ``(or in the case of a major
                    defense acquisition program with one or more designated
                    major subprograms, approved baseline descriptions for
                    such subprograms)'' after ``baseline description'';
                        (B) by striking ``the baseline'' and inserting ``any
                    such baseline description''; and
                        (C) by inserting ``or subprogram'' after ``of the
                    program''.
    SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY
                            INVESTMENTS IN ACQUISITION OVERSIGHT
                            AUTHORITIES FOR MAJOR AUTOMATED
                            INFORMATION SYSTEM PROGRAMS.

        (a) Definitions.--
                (1) In general.--Section 2445a of title 10, United States
            Code, is amended--
                        (A) in subsection (a), by striking ``In General''
                    and inserting ``Major Automated Information System
                    Program''; and
                        (B) by adding at the end the following new
                    subsection:

        ``(d) Other Major Information Technology Investment Program.--In
    this chapter, the term `other major information technology investment
    program' means the following:
                ``(1) An investment that is designated by the Secretary of
            Defense, or a designee of the Secretary, as a `pre-Major
            Automated Information System' or `pre-MAIS' program.
                ``(2) Any other investment in automated information system
            products or services that is expected to exceed the thresholds
            established in subsection (a), as adjusted under subsection (b),
            but is not considered to be a major automated information system
            program because a formal acquisition decision has not yet been
            made with respect to such investment.''.
                (2) Heading amendment.--The heading of such section is
            amended to read as follows:
    ``Sec. 2445a. Definitions''.
                (3) Clerical amendment.--The table of sections at the
            beginning of chapter 144A of such title is amended by striking
            the item relating to section 2445a and inserting the following
            new item:

    ``2445a. Definitions.''.

        (b) Cost, Schedule, and Performance Information.--Section 2445b of
    such title is amended--

    [[Page 122 STAT. 4526]]

                (1) in subsection (a), by inserting ``and each other major
            information technology investment program'' after ``each major
            automated information system program'';
                (2) in subsection (b), by inserting ``Regarding Major
            Automated Information System Programs'' after ``Elements''; and
                (3) by adding at the end the following new subsection:

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

    [[Page 122 STAT. 4527]]

                        (A) by inserting ``or other major information
                    technology investment program'' after ``major automated
                    information system program'' in the matter preceding
                    paragraph (1);
                        (B) in paragraph (1), by inserting ``or information
                    technology investment'' after ``automated information
                    system'';
                        (C) in paragraph (2), by inserting ``or information
                    technology investment'' after ``the system''; and
                        (D) in paragraph (3), by inserting ``or information
                    technology investment, as applicable,'' after ``the
                    program and system''.
    SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A
                            AND MILESTONE B FOR CLARITY.

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

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

        (d) Conforming Amendments.--
                (1) Section 181 of title 10, united states code.--Section
            181(b)(4) of title 10, United States Code, is amended by
            striking ``section 2366a(a)(4), section 2366b(b),'' and
            inserting ``section 2366a(b), section 2366b(a)(4),''.
                (2) National defense authorization act for fiscal year
            2008.--The National Defense Authorization Act for Fiscal Year
            2008 (Public Law 110-181) is amended--
                        (A) in section 212(1) <<NOTE: Ante, p. 35.>> by
                    striking ``2366a'' and inserting ``2366b''; and
                        (B) in section 816 <<NOTE: Ante, p. 223.>> --
                              (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 <<NOTE: 10 USC 2302 note.>> section 812 (120 Stat.
            2317), in each of subsections (c)(2)(A) and (d)(2), by striking
            ``2366a'' and inserting ``2366b''.

        (e) Additional Technical Amendments.--
                (1) Section 2366a of title 10, United States Code, as
            transferred and redesignated by this section, is amended--

    [[Page 122 STAT. 4528]]

                        (A) in paragraphs (1), (2), and (4) of subsection
                    (a), by striking ``system'' each place it appears and
                    inserting ``program'';
                        (B) in paragraph (3) of subsection (a)--
                              (i) by striking ``if the system'' and
                          inserting ``if the program''; and
                              (ii) by striking ``such system'' and inserting
                          ``such program'';
                        (C) in subsection (b)--
                              (i) by striking ``major system'' and inserting
                          ``major defense acquisition program''; and
                              (ii) by striking ``the system'' each place it
                          appears and inserting ``the program''; and
                        (D) in paragraph (1) of subsection (c)--
                              (i) by striking ``major system'' and inserting
                          ``major defense acquisition program''; and
                              (ii) by striking ``2302(5)'' and inserting
                          ``2430''.
                (2) Section 943 of the National Defense Authorization Act
            for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288) is
            amended--
                        (A) in subsection (b), by striking ``major weapon
                    system'' and inserting ``major defense acquisition
                    program''; and
                        (B) in subsection (c)--
                              (i) by striking ``major systems'' and
                          inserting ``major defense acquisition programs'';
                          and
                              (ii) by adding at the end the following: ``In
                          the case of the certification required by
                          paragraph (2) of subsection (a) of such section,
                          during the period prior to the completion of the
                          first quadrennial roles and missions review
                          required by section 118b of title 10, United
                          States Code, the certification required by that
                          paragraph shall be that the system is being
                          executed by an entity with a relevant core
                          competency as identified by the Secretary of
                          Defense.''.
    SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER
                            MAJOR DEFENSE ACQUISITION PROGRAMS.

        (a) Configuration Steering Boards.--Each Secretary of a military
    department shall establish one or more boards (to be known as a
    ``Configuration Steering Board'') for the major defense acquisition
    programs of such department.
        (b) Composition.--
                (1) Chair.--Each Configuration Steering Board under this
            section shall be chaired by the service acquisition executive of
            the military department concerned.
                (2) Particular members.--Each Configuration Steering Board
            under this section shall include a representative of the
            following:
                        (A) The Office of the Under Secretary of Defense for
                    Acquisition, Technology, and Logistics.
                        (B) The Chief of Staff of the Armed Force concerned.
                        (C) Other Armed Forces, as appropriate.
                        (D) The Joint Staff.
                        (E) The Comptroller of the military department
                    concerned.

    [[Page 122 STAT. 4529]]

                        (F) The military deputy to the service acquisition
                    executive concerned.
                        (G) The program executive officer for the major
                    defense acquisition program concerned.
                        (H) Other senior representatives of the Office of
                    the Secretary of Defense and the military department
                    concerned, as appropriate.

        (c) Responsibilities.--
                (1) In general.--The Configuration Steering Board for a
            major defense acquisition program under this section shall be
            responsible for the following:
                        (A) Preventing unnecessary changes to program
                    requirements and system configuration that could have an
                    adverse impact on program cost or schedule.
                        (B) Mitigating the adverse cost and schedule impact
                    of any changes to program requirements or system
                    configuration that may be required.
                        (C) Ensuring that the program delivers as much
                    planned capability as possible, at or below the relevant
                    program baseline.
                (2) Discharge of responsibilities.--In discharging its
            responsibilities under this section with respect to a major
            defense acquisition program, a Configuration Steering Board
            shall--
                        (A) review and approve or disapprove any proposed
                    changes to program requirements or system configuration
                    that have the potential to adversely impact program cost
                    or schedule; and
                        (B) review and recommend proposals to reduce program
                    requirements that have the potential to improve program
                    cost or schedule in a manner consistent with program
                    objectives.
                (3) Presentation of recommendations on reduction in
            requirements.--Any recommendation for a proposed reduction in
            requirements that is made by a Configuration Steering Board
            under paragraph (2)(B) shall be presented to appropriate
            organizations of the Joint Staff and the military departments
            responsible for such requirements for review and approval in
            accordance with applicable procedures.
                (4) Annual consideration of each major defense acquisition
            program.--The Secretary of the military department concerned
            shall ensure that a Configuration Steering Board under this
            section meets to consider each major defense acquisition program
            of such military department at least once each year.
                (5) Certification of cost and schedule deviations during
            system design and development.--For a major defense acquisition
            program that received an initial Milestone B approval during
            fiscal year 2008, a Configuration Steering Board may not approve
            any proposed alteration to program requirements or system
            configuration if such an alteration would--
                        (A) increase the cost (including any increase for
                    expected inflation or currency exchange rates) for
                    system development and demonstration by more than 25
                    percent; or

    [[Page 122 STAT. 4530]]

                        (B) extend the schedule for key events by more than
                    15 percent of the total number of months between the
                    award of the system development and demonstration
                    contract and the scheduled Milestone C approval date,
            unless the Under Secretary of Defense for Acquisition,
            Technology, and Logistics certifies to the congressional defense
            committees, and includes in the certification supporting
            rationale, that approving such alteration to program
            requirements or system configuration is in the best interest of
            the Department of Defense despite the cost and schedule impacts
            to system development and demonstration of such program.

        (d) Applicability.--
                (1) In general.--The requirements of this section shall
            apply with respect to any major defense acquisition program that
            is commenced before, on, or after the date of the enactment of
            this Act.
                (2) Current programs.--In <<NOTE: Deadline.>> the case of
            any major defense acquisition program that is ongoing as of the
            date of the enactment of this Act, a Configuration Steering
            Board under this section shall be established for such program
            not later than 60 days after the date of the enactment of this
            Act.

        (e) Guidance on Authorities of Program Managers After Milestone B.--
                (1) Modification of guidance on authorities.--Paragraph (2)
            of section 853(d) of the John Warner National Defense
            Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
            Stat. <<NOTE: 10 USC 2430 note.>> 2343) is amended to read as
            follows:
                ``(2) authorities available to the program manager,
            including--
                        ``(A) the authority to object to the addition of new
                    program requirements that would be inconsistent with the
                    parameters established at Milestone B (or Key Decision
                    Point B in the case of a space program) and reflected in
                    the performance agreement, unless such requirements are
                    approved by the appropriate Configuration Steering
                    Board; and
                        ``(B) the authority to recommend to the appropriate
                    Configuration Steering Board reduced program
                    requirements that have the potential to improve program
                    cost or schedule in a manner consistent with program
                    objectives; and''.
                (2) Applicability.--The <<NOTE: Deadline.>> Secretary of
            Defense shall modify the guidance described in section 853(d) of
            the John Warner National Defense Authorization Act for Fiscal
            Year 2007 in order to take into account the amendment made by
            paragraph (1) not later than 60 days after the date of the
            enactment of this Act.

        (f) Major Defense Acquisition Program Defined.--In this section, the
    term ``major defense acquisition program'' has the meaning given that
    term in section 2430(a) of title 10, United States Code.
    SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION
                            PROGRAMS.

        (a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall issue guidance requiring the preservation and storage of unique

    [[Page 122 STAT. 4531]]

    tooling associated with the production of hardware for a major defense
    acquisition program through the end of the service life of the end item
    associated with such a program. Such guidance shall--
                (1) require that the milestone decision authority approve a
            plan, including the identification of any contract clauses,
            facilities, and funding required, for the preservation and
            storage of such tooling prior to Milestone C approval;
                (2) require that the milestone decision authority
            periodically review the plan required by paragraph (1) prior to
            the end of the service life of the end item, to ensure that the
            preservation and storage of such tooling remains adequate and in
            the best interest of the Department of Defense;
                (3) provide a mechanism for the Secretary to waive the
            requirement for preservation and storage of unique production
            tooling, or any category of unique production tooling, if the
            Secretary--
                        (A) <<NOTE: Determination.>> makes a written
                    determination that such a waiver is in the best interest
                    of the Department of Defense; and
                        (B) <<NOTE: Notification.>> notifies the
                    congressional defense committees of the waiver upon
                    making such determination; and
                (4) provide such criteria as necessary to guide a
            determination made pursuant to paragraph (3)(A).

        (b) Definitions.--In this section:
                (1) Major defense acquisition program.--The term ``major
            defense acquisition program'' has the meaning provided in
            section 2430 of title 10, United States Code.
                (2) Milestone decision authority.--The term ``milestone
            decision authority'' has the meaning provided in section
            2366a(f)(2) of such title.
                (3) Milestone c approval.--The term ``Milestone C approval''
            has the meaning provided in section 2366(e)(8) of such title.

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

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

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

    [[Page 122 STAT. 4532]]

    SEC. 822. TECHNICAL DATA RIGHTS.

        (a) Policy Guidance.--Not <<NOTE: Deadline.>> later than 270 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall issue policy guidance with respect to rights in technical data
    under a non-FAR agreement. The guidance shall--
                (1) establish criteria for defining the legitimate interests
            of the United States and the party concerned in technical data
            pertaining to an item or process to be developed under the
            agreement;
                (2) require that specific rights in technical data be
            established during agreement negotiations and be based upon
            negotiations between the United States and the potential party
            to the agreement, except in any case in which the Secretary of
            Defense determines, on the basis of criteria established in such
            policy guidance, that the establishment of rights during or
            through agreement negotiations would not be practicable; and
                (3) require the program manager for a major weapon system or
            an item of personnel protective equipment that is to be
            developed using a non-FAR agreement to assess the long-term
            technical data needs of such system or item.

        (b) Requirement to Include Provisions in Non-FAR Agreements.--A non-
    FAR agreement shall contain appropriate provisions relating to rights in
    technical data consistent with the policy guidance issued pursuant to
    subsection (a).
        (c) Definitions.--In this section:
                (1) The term ``non-FAR agreement'' means an agreement that
            is not subject to laws pursuant to which the Federal Acquisition
            Regulation is prescribed, including--
                        (A) a transaction authorized under section 2371 of
                    this title; and
                        (B) a cooperative research and development
                    agreement.
                (2) The term ``party'', with respect to a non-FAR agreement,
            means a non-Federal entity and includes any of the following:
                        (A) A contractor and its subcontractors (at any
                    tier).
                        (B) A joint venture.
                        (C) A consortium.

        (d) Report on Life Cycle Planning for Technical Data Needs.--Not
    later than 270 days after the date of enactment of this Act, the
    Secretary of Defense shall submit to the Committees on Armed Services of
    the Senate and the House of Representatives a report on the
    implementation of the requirements in section 2320(e) of title 10,
    United States Code, for the assessment of long-term technical data needs
    to sustain major weapon systems. Such report shall include--
                (1) a description of all relevant guidance or policies
            issued;
                (2) a description of the extent to which program managers
            have received training to better assess the long-term technical
            data needs of major weapon systems and subsystems; and
                (3) a description of one or more examples, if any, where a
            priced contract option has been used on major weapon systems for
            the future delivery of technical data and one or more examples,
            if any, where all relevant technical data were acquired upon
            contract award.

    [[Page 122 STAT. 4533]]

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

        (a) Requirement for Review of Exemptions to the Cost Accounting
    Standards.--The Cost Accounting Standards Board shall--
                (1) review the inapplicability of the cost accounting
            standards, in accordance with existing exemptions, to any
            contract or subcontract that is executed and performed outside
            the United States when such a contract or subcontract is
            performed by a contractor that, but for the fact that the
            contract or subcontract is being executed and performed entirely
            outside the United States, would be required to comply with such
            standards; and
                (2) determine whether the application of the standards to
            such a contract or subcontract (or any category of such
            contracts and subcontracts) would benefit the Government.

        (b) Publication of Request for <<NOTE: Deadline.>> Information.--The
    Cost Accounting Standards Board shall publish a request for information
    as part of the review required by subsection (a) and shall provide a
    copy of the request to the appropriate committees of Congress not less
    than five days before the publication of such request.

        (c) Report to Congress Upon Completion of the Review.--Not later
    than 270 days after the date of the enactment of this Act, the Cost
    Accounting Standards Board shall submit to the appropriate committees of
    Congress a report containing--
                (1) any revision to the cost accounting standards proposed
            as a result of the review required by subsection (a) and a copy
            of any proposed rulemaking implementing the revision; or
                (2) if no revision and rulemaking are proposed, a detailed
            justification for such decision.

        (d) Definitions.--In this section:
                (1) The term ``appropriate committees of Congress'' means
            the Committees on Armed Services of the Senate and of the House
            of Representatives, the Committee on Homeland Security and
            Governmental Affairs of the Senate, and the Committee on
            Oversight and Government Reform of the House of Representatives.
                (2) The term ``cost accounting standards'' means the
            standards promulgated under section 26 of the Office of Federal
            Procurement Policy Act (41 U.S.C. 422).
                (3) The term ``Cost Accounting Standards Board'' means the
            Board established pursuant to section 26 of the Office of
            Federal Procurement Policy Act (41 U.S.C. 422).
    SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR
                            TRANSITION TO FOLLOW-ON CONTRACTS UNDER
                            AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
                            PROJECTS.

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

    [[Page 122 STAT. 4534]]

        (b) Two-Year Extension of Authority.--Paragraph (4) of such section
    is amended by striking ``September 30, 2008'' and inserting ``September
    30, 2010''.
    SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE
                            DESIGNS OF DEPARTMENT OF DEFENSE VESSELS,
                            BOATS, CRAFT, AND COMPONENTS THEREOF.

        (a) In General.--Chapter 633 of title 10, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 7317. Status of Government rights in the designs of
                      vessels, boats, and craft, and components
                      thereof

        ``(a) In General.--Government rights in the design of a vessel,
    boat, or craft, and its components, including the hull, decks,
    superstructure, and all shipboard equipment and systems, shall be
    determined solely as follows:
                ``(1) In the case of a vessel, boat, craft, or component
            procured through a contract, in accordance with the provisions
            of section 2320 of this title.
                ``(2) In the case of a vessel, boat, craft, or component
            procured through an instrument not governed by section 2320 of
            this title, by the terms of the instrument (other than a
            contract) under which the design for such vessel, boat, craft,
            or component, as applicable, was developed for the Government.

        ``(b) Construction of Superseding Authorities.--This section may be
    modified or superseded by a provision of statute only if such provision
    expressly refers to this section in modifying or superseding this
    section.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 633 of such title is amended by adding at the end the following
    new item:

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

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

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

        (a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall develop guidance related to personal services contracts to--
                (1) require a clear distinction between employees of the
            Department of Defense and employees of Department of Defense
            contractors;
                (2) provide appropriate safeguards with respect to when,
            where, and to what extent the Secretary may enter into a
            contract for the procurement of personal services; and
                (3) assess and take steps to mitigate the risk that, as
            implemented and administered, non-personal services contracts
            may become personal services contracts.

        (b) Definition of Personal Services Contract.--In this section, the
    term ``personal services contract'' has the meaning given that term in
    section 2330a(g)(5) of title 10, United States Code.

    [[Page 122 STAT. 4535]]

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

        It is the sense of Congress that--
                (1) security operations for the protection of resources
            (including people, information, equipment, and supplies) in
            uncontrolled or unpredictable high-threat environments should
            ordinarily be performed by members of the Armed Forces if they
            will be performed in highly hazardous public areas where the
            risks are uncertain and could reasonably be expected to require
            deadly force that is more likely to be initiated by personnel
            performing such security operations than to occur in self-
            defense;
                (2) it should be in the sole discretion of the commander of
            the relevant combatant command to determine whether or not the
            performance by a private security contractor under a contract
            awarded by any Federal agency of a particular activity, a series
            of activities, or activities in a particular location, within a
            designated area of combat operations is appropriate and such a
            determination should not be delegated to any person who is not
            in the military chain of command;
                (3) the Secretaries of the military departments and the
            Chiefs of Staff of the Armed Forces should ensure that the
            United States Armed Forces have appropriate numbers of trained
            personnel to perform the functions described in paragraph (1)
            without the need to rely upon private security contractors; and
                (4) the regulations issued by the Secretary of Defense
            pursuant to section 862(a) of the National Defense Authorization
            Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 254; 10
            U.S.C. 2302 note) should ensure that private security
            contractors are not authorized to perform inherently
            governmental functions in an area of combat operations.
    SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

        Section 1705 of title 10, United States Code, is amended by adding
    at the end the following new subsection:
        ``(h) Expedited Hiring Authority.--
                ``(1) For purposes of sections 3304, 5333, and 5753 of title
            5, United States Code, the Secretary of Defense may--
                        ``(A) designate any category of acquisition
                    positions within the Department of Defense as shortage
                    category positions; and
                        ``(B) utilize the authorities in such sections to
                    recruit and appoint highly qualified persons directly to
                    positions so designated.
                ``(2) <<NOTE: Termination date.>> The Secretary may not
            appoint a person to a position of employment under this
            subsection after September 30, 2012.''.
    SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY
                            PERSONNEL IN THE ACQUISITION FIELD.

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

    [[Page 122 STAT. 4536]]

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

        ``(a) Requirement for Policy and Guidance Regarding Military
    Personnel in Acquisition.--The Secretary of Defense shall require the
    Secretary of each military department (with respect to such military
    department) and the Under Secretary of Defense for Acquisition,
    Technology, and Logistics (with respect to the Office of the Secretary
    of Defense, the unified combatant commands, the Defense Agencies, and
    the Defense Field Activities) to establish policies and issue guidance
    to ensure the proper development, assignment, and employment of members
    of the armed forces in the acquisition field to achieve the objectives
    of this section as specified in subsection (b).
        ``(b) Objectives.--Policies established and guidance issued pursuant
    to subsection (a) shall ensure, at a minimum, the following:
                ``(1) A career path in the acquisition field that attracts
            the highest quality officers and enlisted personnel.
                ``(2) A number of command positions and senior
            noncommissioned officer positions, including acquisition billets
            reserved for general officers and flag officers under subsection
            (c), sufficient to ensure that members of the armed forces have
            opportunities for promotion and advancement in the acquisition
            field.
                ``(3) A number of qualified, trained members of the armed
            forces eligible for and active in the acquisition field
            sufficient to ensure the optimum management of the acquisition
            functions of the Department of Defense and the appropriate use
            of military personnel in contingency contracting.

        ``(c) Reservation of Acquisition Billets for General Officers and
    Flag Officers.--(1) The Secretary of Defense shall--
                ``(A) establish for each military department a sufficient
            number of billets coded or classified for acquisition personnel
            that are reserved for general officers and flag officers that
            are needed for the purpose of ensuring the optimum management of
            the acquisition functions of the Department of Defense; and
                ``(B) ensure that the policies established and guidance
            issued pursuant to subsection (a) by the Secretary of each
            military department reserve at least that minimum number of
            billets and fill the billets with qualified and trained general
            officers and flag officers who have significant acquisition
            experience.

        ``(2) The Secretary of Defense shall ensure--
                ``(A) a sufficient number of billets for acquisition
            personnel who are general officers or flag officers exist within
            the Office of the Secretary of Defense, the unified combatant
            commands, the Defense Agencies, and the Defense Field Activities
            to ensure the optimum management of the acquisition functions of
            the Department of Defense; and
                ``(B) that the policies established and guidance issued
            pursuant to subsection (a) by the Secretary reserve within the
            Office of the Secretary of Defense, the unified combatant
            commands, the Defense Agencies, and the Defense Field Activities
            at least that minimum number of billets and fill the billets
            with qualified and trained general officers and flag officers
            who have significant acquisition experience.

    [[Page 122 STAT. 4537]]

        ``(3) The Secretary of Defense shall ensure that a portion of the
    billets referred to in paragraphs (1) and (2) involve command of
    organizations primarily focused on contracting and are reserved for
    general officers and flag officers who have significant contracting
    experience.
        ``(d) Relationship to Limitation on Preference for Military
    Personnel.--Any designation or reservation of a position for a member of
    the armed forces as a result of a policy established or guidance issued
    pursuant to this section shall be deemed to meet the requirements for an
    exception under paragraph (2) of section 1722(b) of this title from the
    limitation in paragraph (1) of such section.
        ``(e) Report.--Not later than January 1 of each year, the Secretary
    of each military department shall submit to the Under Secretary of
    Defense for Acquisition, Technology, and Logistics a report describing
    how the Secretary fulfilled the objectives of this section in the
    preceding calendar year. The report shall include information on the
    reservation of acquisition billets for general officers and flag
    officers within the department concerned.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 87 of such title is amended by inserting
            after the item relating to section 1722 the following new item:

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

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

              Subtitle E--Department of Defense Contractor Matters

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

        (a) Policy on Personal Conflicts of Interest by Employees of Federal
    Government <<NOTE: Deadline.>> Contractors.--Not later than 270 days
    after the date of the enactment of this Act, the Administrator for
    Federal Procurement Policy shall develop and issue a standard policy to
    prevent personal conflicts of interest by contractor employees
    performing acquisition functions closely associated with inherently
    governmental functions (including the development, award, and
    administration of Government contracts) for or on behalf of a Federal
    agency or department.

    [[Page 122 STAT. 4538]]

                (1) Elements of policy.--The policy required under
            subsection (a) shall--
                        (A) provide a definition of the term ``personal
                    conflict of interest'' as it relates to contractor
                    employees performing acquisition functions closely
                    associated with inherently governmental functions; and
                        (B) require each contractor whose employees perform
                    acquisition functions closely associated with inherently
                    governmental functions to--
                              (i) identify and prevent personal conflicts of
                          interest for employees of the contractor who are
                          performing such functions;
                              (ii) prohibit contractor employees who have
                          access to non-public government information
                          obtained while performing such functions from
                          using such information for personal gain;
                              (iii) report any personal conflict-of-interest
                          violation by such an employee to the applicable
                          contracting officer or contracting officer's
                          representative as soon as it is identified;
                              (iv) maintain effective oversight to verify
                          compliance with personal conflict-of-interest
                          safeguards;
                              (v) have procedures in place to screen for
                          potential conflicts of interest for all employees
                          performing such functions; and
                              (vi) take appropriate disciplinary action in
                          the case of employees who fail to comply with
                          policies established pursuant to this section.
                (2) Contract clause.--
                        (A) The Administrator shall develop a personal
                    conflicts-of-interest clause or a set of clauses for
                    inclusion in solicitations and contracts (and task or
                    delivery orders) for the performance of acquisition
                    functions closely associated with inherently
                    governmental functions that sets forth the personal
                    conflicts-of-interest policy developed under this
                    subsection and that sets forth the contractor's
                    responsibilities under such policy.
                        (B) <<NOTE: Effective
                    date. Applicability.>> Subparagraph (A) shall take
                    effect 300 days after the date of the enactment of this
                    Act and shall apply to--
                              (i) contracts entered into on or after that
                          effective date; and
                              (ii) task or delivery orders awarded on or
                          after that effective date, regardless of whether
                          the contracts pursuant to which such task or
                          delivery orders are awarded are entered before,
                          on, or after the date of the enactment of this
                          Act.
                (3) Applicability.--
                        (A) Except as provided in subparagraph (B), this
                    subsection shall apply to any contract for an amount in
                    excess of the simplified acquisition threshold (as
                    defined in section 4(11) of the Office of Federal
                    Procurement Policy Act (41 U.S.C. 403(11)) if the
                    contract is for the performance of acquisition functions
                    closely associated with inherently governmental
                    functions.
                        (B) If only a portion of a contract described in
                    subparagraph (A) is for the performance of acquisition
                    functions

    [[Page 122 STAT. 4539]]

                    described in that subparagraph, then this subsection
                    applies only to that portion of the contract.

        (b) Review of Federal Acquisition Regulation Relating to Conflicts
    of Interest.--
                (1) Review.--Not <<NOTE: Deadline.>> later than 12 months
            after the date of the enactment of this Act, the Administrator
            for Federal Procurement Policy, in consultation with the
            Director of the Office of Government Ethics, shall review the
            Federal Acquisition Regulation to--
                        (A) identify contracting methods, types and services
                    that raise heightened concerns for potential personal
                    and organizational conflicts of interest; and
                        (B) determine whether revisions to the Federal
                    Acquisition Regulation are necessary to--
                              (i) address personal conflicts of interest by
                          contractor employees with respect to functions
                          other than those described in subsection (a); or
                              (ii) achieve sufficiently rigorous,
                          comprehensive, and uniform government-wide
                          policies to prevent and mitigate organizational
                          conflicts of interest in Federal contracting.
                (2) Regulatory revisions.--If the Administrator determines
            pursuant to the review under paragraph (1)(B) that revisions to
            the Federal Acquisition Regulation are necessary, the
            Administrator shall work with the Federal Acquisition Regulatory
            Council to prescribe appropriate revisions to the regulations,
            including the development of appropriate contract clauses.
                (3) Report.--Not later than March 1, 2010, the Administrator
            shall submit to the Committees on Armed Services of the Senate
            and House of Representatives, the Committee on Homeland Security
            and Governmental Affairs in the Senate, and the Committee on
            Oversight and Government Reform of the House of Representatives
            a report setting forth such findings and determinations under
            subparagraphs (A) and (B) of paragraph (1), together with an
            assessment of any revisions to the Federal Acquisition
            Regulation that may be necessary.

        (c) Best Practices.--The Administrator for Federal Procurement
    Policy shall, in consultation with the Director of the Office Government
    Ethics, develop and maintain a repository of best practices relating to
    the prevention and mitigation of organizational and personal conflicts
    of interest in Federal contracting.
    SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR
                            EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.

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

    [[Page 122 STAT. 4540]]

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

        (a) In General.--The Secretary of Defense shall adopt an acquisition
    strategy for insurance required by the Defense Base Act (42 U.S.C. 1651
    et seq.) which minimizes the cost of such insurance to the Department of
    Defense and to defense contractors subject to such Act.
        (b) Criteria.--The Secretary shall ensure that the acquisition
    strategy adopted pursuant to subsection (a) addresses the following
    criteria:
                (1) Minimize overhead costs associated with obtaining such
            insurance, such as direct or indirect costs for contract
            management and contract administration.
                (2) Minimize costs for coverage of such insurance consistent
            with realistic assumptions regarding the likelihood of incurred
            claims by contractors of the Department.
                (3) Provide for a correlation of premiums paid in relation
            to claims incurred that is modeled on best practices in
            government and industry for similar kinds of insurance.
                (4) Provide for a low level of risk to the Department.
                (5) Provide for a competitive marketplace for insurance
            required by the Defense Base Act to the maximum extent
            practicable.

        (c) Options.--In adopting the acquisition strategy pursuant to
    subsection (a), the Secretary shall consider such options (including
    entering into a single Defense Base Act insurance contract) as the
    Secretary deems to best satisfy the criteria identified under subsection
    (b).
        (d) Report.--(1) Not later than 270 days after the date of enactment
    of this Act, the Secretary shall submit to the Committees on Armed
    Services of the Senate and the House of Representatives, the Committee
    on Homeland Security and Governmental Affairs of the Senate, and the
    Committee on Oversight and Government Reform of the House of
    Representatives a report on the acquisition strategy adopted pursuant to
    subsection (a).
        (2) The report shall include a discussion of each of the options
    considered pursuant to subsection (c) and the extent to which each
    option addresses the criteria identified under subsection (b), and shall
    include a plan to implement within 18 months after the date of enactment
    of this Act the acquisition strategy adopted by the Secretary.
        (e) Review of Acquisition <<NOTE: Deadline.>> Strategy.--As
    considered appropriate by the Secretary, but not less often than once
    every 3 years, the Secretary shall review and, as necessary, update the
    acquisition strategy adopted pursuant to subsection (a) to ensure that
    it best addresses the criteria identified under subsection (b).
    SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE
                            CONTRACTORS.

        (a) Report Required.--Not later than one year after the date of the
    enactment of this Act, the Comptroller General shall provide a report to
    the Committees on Armed Services of the Senate and the House of
    Representatives on the use of off-shore subsidiaries by contractors of
    the Department of Defense.
        (b) Matters Covered.--The report shall comprehensively examine the
    rationale, implications, and costs and benefits for both

    [[Page 122 STAT. 4541]]

    the contractor and the Department of Defense in using off-shore
    subsidiaries, particularly in respect to--
                (1) tax liability (including corporate income taxes and
            payroll taxes);
                (2) legal liability;
                (3) compliance with cost accounting standards;
                (4) efficiency in contract performance;
                (5) contract management and contract oversight; and
                (6) such other areas as the Comptroller General determines
            appropriate.
    SEC. 845. DEFENSE INDUSTRIAL SECURITY.

         (a) Defense Industrial Security.--
                (1) In general.--Subchapter I of chapter 21 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 438. Defense industrial security

        ``(a) Responsibility <<NOTE: Classified information.>> for Defense
    Industrial Security.--The Secretary of Defense shall be responsible for
    the protection of classified information disclosed to contractors of the
    Department of Defense.

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

    [[Page 122 STAT. 4542]]

                ``(2) A description of funds authorized, appropriated, or
            reprogrammed to carry out the requirements of this section, the
            budget execution of such funds, and the adequacy of budgets
            provided for performing such purpose.
                ``(3) Statistics on the number of contractors handling
            classified information of the Department of Defense, and the
            percentage of such contractors who are subject to foreign
            ownership, control, or influence.
                ``(4) Statistics on the number of violations identified,
            enforcement actions taken, and the percentage of such violations
            occurring at facilities of contractors subject to foreign
            ownership, control, or influence.
                ``(5) An assessment of whether major contractors
            implementing the program have adequate enforcement programs and
            have trained their employees adequately in the requirements of
            the program.
                ``(6) Trend data on attempts to compromise classified
            information disclosed to contractors of the Department of
            Defense to the extent that such data are available.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter I of chapter 21 of title 10, United
            States Code, is amended by adding at the end the following new
            item:

    ``438. Defense industrial security.''.

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

    [[Page 122 STAT. 4543]]

              Subtitle F--Matters Relating to Iraq and Afghanistan

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

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

        (c) Effective Date.--
                (1) Nature of commission.--The amendment made by subsection
            (a) shall take effect as of January 28, 2008, as if included in
            the enactment of the National Defense Authorization Act for
            Fiscal Year 2008.
                (2) Pay <<NOTE: Applicability.>> and annuities.--The
            amendment made by subsection (b) shall apply to members and
            staff of the Commission on Wartime Contracting in Iraq and
            Afghanistan appointed or employed, as the case may be, on or
            after that date.
    SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND DEPOT
                            OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR
                            OPERATIONS IN IRAQ AND AFGHANISTAN.

        (a) Audits Required.--The Army Audit Agency, the Navy Audit Service,
    and the Air Force Audit Agency shall each conduct thorough audits to
    identify potential waste, fraud, and abuse in the performance of the
    following:
                (1) Department of Defense contracts, subcontracts, and task
            and delivery orders for--
                        (A) depot overhaul and maintenance of equipment for
                    the military in Iraq and Afghanistan; and
                        (B) spare parts for military equipment used in Iraq
                    and Afghanistan; and
                (2) Department of Defense in-house overhaul and maintenance
            of military equipment used in Iraq and Afghanistan.

        (b) Comprehensive Audit Plan.--
                (1) Plans.--The Army Audit Agency, the Navy Audit Service,
            and the Air Force Audit Agency shall, in coordination with the
            Inspector General of the Department of Defense, develop a
            comprehensive plan for a series of audits to discharge the
            requirements of subsection (a).
                (2) Incorporation into required audit plan.--The plan
            developed under paragraph (1) shall be submitted to the

    [[Page 122 STAT. 4544]]

            Inspector General of the Department of Defense for incorporation
            into the audit plan required by section 842(b)(1) of the
            National Defense Authorization Act for Fiscal Year 2008 (Public
            Law 110-181; 122 Stat. 234; 10 U.S.C. 2302 note).

        (c) Independent Conduct of Audit Functions.--All audit functions
    performed under this section, including audit planning and coordination,
    shall be performed in an independent manner.
        (d) Availability of Results.--All audit reports resulting from
    audits under this section shall be made available to the Commission on
    Wartime Contracting in Iraq and Afghanistan established pursuant to
    section 841 of the National Defense Authorization Act for Fiscal Year
    2008 (122 Stat. 230).
        (e) Construction.--Nothing in this section shall be construed to
    require any agency of the Federal Government to duplicate audit work
    that an agency of the Federal Government has already performed.
    SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY
                            CONTRACTORS PERFORMING SECURITY FUNCTIONS
                            IN AREAS OF COMBAT OPERATIONS.

        Section 862 of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 note) is
    amended--
                (1) in subsection (a)(2)(D)--
                        (A) by striking ``or'' at the end of clause (ii);
                    and
                        (B) by inserting after clause (iii) the following
                    new clauses:
                              ``(iv) a weapon is discharged against
                          personnel performing private security functions in
                          an area of combat operations or personnel
                          performing such functions believe a weapon was so
                          discharged; or
                              ``(v) active, non-lethal countermeasures
                          (other than the discharge of a weapon) are
                          employed by the personnel performing private
                          security functions in an area of combat operations
                          in response to a perceived immediate threat to
                          such personnel;''; and
                (2) in subsection (b)(2)(B) in the matter preceding clause
            (i)--
                        (A) by inserting ``comply with and'' before
                    ``ensure''; and
                        (B) by striking ``comply with--'' and inserting
                    ``act in accordance with--''.
    SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
                            RELATING TO ALLEGED CRIMES BY OR AGAINST
                            CONTRACTOR PERSONNEL IN IRAQ AND
                            AFGHANISTAN.

        (a) In General.--Section 861(b) of the National Defense
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
    253; 10 U.S.C. 2302 note) is amended by adding the following new
    paragraphs:
                ``(7) Mechanisms for ensuring that contractors are required
            to report offenses described in paragraph (6) that are alleged
            to have been committed by or against contractor personnel to
            appropriate investigative authorities.
                ``(8) Responsibility for providing victim and witness
            protection and assistance to contractor personnel in connection
            with alleged offenses described in paragraph (6).

    [[Page 122 STAT. 4545]]

                ``(9) Development of a requirement that a contractor shall
            provide to all contractor personnel who will perform work on a
            contract in Iraq or Afghanistan, before beginning such work,
            information on the following:
                        ``(A) How and where to report an alleged offense
                    described in paragraph (6).
                        ``(B) Where to seek the assistance required by
                    paragraph (8).''.

        (b) Implementation.--
                (1) Through memorandum
            of <<NOTE: Deadline.>> understanding.--The memorandum of
            understanding required by section 861(a) of the National Defense
            Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
            Stat. 253; 10 U.S.C. 2302 note) shall be modified to address the
            requirements under the amendment made by subsection (a) not
            later than 120 days after the date of the enactment of this Act.
                (2) As condition of current and future contracts.--The
            requirements under the amendment made by subsection (a) shall be
            included in each contract in Iraq or Afghanistan (as defined in
            section 864(a)(2) of Public Law 110-181; 2302 note) awarded on
            or after the date that is 180 days after the date of the
            enactment of this Act. Federal agencies shall make best efforts
            to provide for the inclusion of such requirements in covered
            contracts awarded before such date.

        (c) Reporting Requirement.--Beginning not later than 270 days after
    the date of the enactment of this Act, the Secretary of Defense shall
    make publicly available a numerical accounting of alleged offenses
    described in section 861(b)(6) of Public Law 110-181 that have been
    reported under that section that occurred after the date of the
    enactment of this Act. The information shall be updated no less
    frequently than semi-annually.
        (d) Definitions.--Section 864(a) of the National Defense
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
    253; 10 U.S.C. 2302 note) is amended--
                (1) by redesignating paragraphs (5) and (6) as paragraphs
            (6) and (7), respectively; and
                (2) by inserting after paragraph (4) the following new
            paragraph:
                ``(5) Contractor personnel.--The term `contractor personnel'
            means any person performing work under contract for the
            Department of Defense, the Department of State, or the United
            States Agency for International Development, in Iraq or
            Afghanistan, including individuals and subcontractors at any
            tier.''.
    SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS
                            AUTHORIZES THE USE OF MILITARY FORCE.

        Section 3287 of title 18, United States Code, is amended--
                (1) by inserting ``or Congress has enacted a specific
            authorization for the use of the Armed Forces, as described in
            section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)),''
            after ``is at war'';
                (2) by inserting ``or directly connected with or related to
            the authorized use of the Armed Forces'' after ``prosecution of
            the war'';
                (3) by striking ``three years'' and inserting ``5 years'';

    [[Page 122 STAT. 4546]]

                (4) by striking ``proclaimed by the President'' and
            inserting ``proclaimed by a Presidential proclamation, with
            notice to Congress,''; and
                (5) by adding at the end the following: ``For purposes of
            applying such definitions in this section, the term `war'
            includes a specific authorization for the use of the Armed
            Forces, as described in section 5(b) of the War Powers
            Resolution (50 U.S.C. 1544(b)).''.

      Subtitle G-- <<NOTE: Clean Contracting Act of 2008.>> Governmentwide
    Acquisition Improvements
    SEC. 861. SHORT TITLE.

        This subtitle may be cited as the ``Clean Contracting Act of 2008''.
    SEC. 862. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE
                            CONTRACTS.

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

        ``(B) <<NOTE: Applicability.>> This paragraph applies to any
    contract in an amount greater than the simplified acquisition
    threshold.''.

        (b) Defense Contracts.--Section 2304(d) of title 10, United States
    Code, is amended by adding at the end the following new paragraph:
        ``(3)(A) The contract period of a contract described in subparagraph
    (B) that is entered into by an agency pursuant to the authority provided
    under subsection (c)(2)--
                ``(i) may not exceed the time necessary--
                        ``(I) to meet the unusual and compelling
                    requirements of the work to be performed under the
                    contract; and
                        ``(II) for the agency to enter into another contract
                    for the required goods or services through the use of
                    competitive procedures; and
                ``(ii) may not exceed one year unless the head of the agency
            entering into such contract determines that exceptional
            circumstances apply.

        ``(B) <<NOTE: Applicability.>> This paragraph applies to any
    contract in an amount greater than the simplified acquisition
    threshold.''.

    [[Page 122 STAT. 4547]]

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

        (a) Regulations Required.--Not <<NOTE: Deadline.>> later than one
    year after the date of the enactment of this Act, the Federal
    Acquisition Regulation shall be amended to require enhanced competition
    in the purchase of property and services by all executive agencies
    pursuant to multiple award contracts.

        (b) Content of Regulations.--
                (1) In general.--The regulations required by subsection (a)
            shall provide, at a minimum, that each individual purchase of
            property or services in excess of the simplified acquisition
            threshold that is made under a multiple award contract shall be
            made on a competitive basis unless a contracting officer--
                        (A) waives the requirement on the basis of a
                    determination that--
                              (i) one of the circumstances described in
                          paragraphs (1) through (4) of section 303J(b) of
                          the Federal Property and Administrative Services
                          Act of 1949 (41 U.S.C. 253j(b)) or section
                          2304c(b) of title 10, United States Code, applies
                          to such individual purchase; or
                              (ii) a law expressly authorizes or requires
                          that the purchase be made from a specified source;
                          and
                        (B) justifies the determination in writing.
                (2) Competitive basis procedures.--For purposes of this
            subsection, an individual purchase of property or services is
            made on a competitive basis only if it is made pursuant to
            procedures that--
                        (A) except as provided in paragraph (3), require
                    fair notice of the intent to make that purchase
                    (including a description of the work to be performed and
                    the basis on which the selection will be made) to be
                    provided to all contractors offering such property or
                    services under the multiple award contract; and
                        (B) afford all contractors responding to the notice
                    a fair opportunity to make an offer and have that offer
                    fairly considered by the official making the purchase.
                (3) Exception to notice requirement.--
                        (A) In general.--Notwithstanding paragraph (2), and
                    subject to subparagraph (B), notice may be provided to
                    fewer than all contractors offering such property or
                    services under a multiple award contract as described in
                    subsection (d)(2)(A) if notice is provided to as many
                    contractors as practicable.
                        (B) Limitation on exception.--A purchase may not be
                    made pursuant to a notice that is provided to fewer than
                    all contractors under subparagraph (A) unless--
                              (i) offers were received from at least 3
                          qualified contractors; or
                              (ii) a contracting officer of the executive
                          agency determines in writing that no additional
                          qualified contractors were able to be identified
                          despite reasonable efforts to do so.

        (c) Public Notice Requirements Related to Sole Source Task or
    Delivery Orders.--

    [[Page 122 STAT. 4548]]

                (1) Public notice required.--Not <<NOTE: Deadline.>> later
            than one year after the date of the enactment of this Act, the
            Federal Acquisition Regulation shall be amended to require the
            head of each executive agency to--
                        (A) <<NOTE: Publication. Deadline.>> publish on
                    FedBizOpps notice of all sole source task or delivery
                    orders in excess of the simplified acquisition threshold
                    that are placed against multiple award contracts not
                    later than 14 days after such orders are placed, except
                    in the event of extraordinary circumstances or
                    classified orders; and
                        (B) disclose the determination required by
                    subsection (b)(1) related to sole source task or
                    delivery orders in excess of the simplified acquisition
                    threshold placed against multiple award contracts
                    through the same mechanism and to the same extent as the
                    disclosure of documents containing a justification and
                    approval required by section 2304(f)(1) of title 10,
                    United States Code, and section 303(f)(1) of the Federal
                    Property and Administrative Services Act of 1949 (41
                    U.S.C. 253(f)(1)), except in the event of extraordinary
                    circumstances or classified orders.
                (2) Exemption.--This subsection does not require the public
            availability of information that is exempt from public
            disclosure under section 552(b) of title 5, United States Code.

        (d) Definitions.--In this section:
                (1) The term ``executive agency'' has the meaning given such
            term in section 4(1) of the Office of Federal Procurement Policy
            Act (41 U.S.C. 403(1)).
                (2) The term ``individual purchase'' means a task order,
            delivery order, or other purchase.
                (3) The term ``multiple award contract'' means--
                        (A) a contract that is entered into by the
                    Administrator of General Services under the multiple
                    award schedule program referred to in section 2302(2)(C)
                    of title 10, United States Code;
                        (B) a multiple award task order contract that is
                    entered into under the authority of sections 2304a
                    through 2304d of title 10, United States Code, or
                    sections 303H through 303K of the Federal Property and
                    Administrative Services Act of 1949 (41 U.S.C. 253h
                    through 253k); and
                        (C) any other indefinite delivery, indefinite
                    quantity contract that is entered into by the head of an
                    executive agency with 2 or more sources pursuant to the
                    same solicitation.
                (4) The term ``sole source task or delivery order'' means
            any order that does not follow the competitive procedures in
            subsection (b)(2) or (b)(3).

        (e) Applicability.--The regulations required by subsection (a) shall
    apply to all individual purchases of property or services that are made
    under multiple award contracts on or after the effective date of such
    regulations, without regard to whether the multiple award contracts were
    entered into before, on, or after such effective date.
        (f) Repeal of Redundant Provision.--Section 803 of the National
    Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10
    U.S.C. 2304 note) is repealed.

    [[Page 122 STAT. 4549]]

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

        (a) In General.--Not <<NOTE: Deadline.>> later than 270 days after
    the date of the enactment of this Act, the Federal Acquisition
    Regulation shall be revised to address the use of cost-reimbursement
    contracts.

        (b) Content.--The regulations promulgated under subsection (a) shall
    include, at a minimum, guidance regarding--
                (1) when and under what circumstances cost-reimbursement
            contracts are appropriate;
                (2) the acquisition plan findings necessary to support a
            decision to use cost-reimbursement contracts; and
                (3) the acquisition workforce resources necessary to award
            and manage cost-reimbursement contracts.

        (c) Inspector General Review.--Not <<NOTE: Deadline.>> later than
    one year after the regulations required by subsection (a) are
    promulgated, the Inspector General for each executive agency shall
    review the use of cost-reimbursement contracts by such agency for
    compliance with such regulations and shall include the results of the
    review in the Inspector General's next semiannual report.

        (d) Report.--Subject to subsection (f), the Director of the Office
    of Management and Budget shall submit an annual report to Congressional
    committees identified in subsection (e) on the use of cost-reimbursement
    contracts and task or delivery orders by all executive agencies. The
    report shall be submitted no later than March 1 and shall cover the
    fiscal year ending September 30 of the prior year. The report shall
    include--
                (1) the total number and value of contracts awarded and
            orders issued during the covered fiscal year;
                (2) the total number and value of cost-reimbursement
            contracts awarded and orders issued during the covered fiscal
            year; and
                (3) an assessment of the effectiveness of the regulations
            promulgated pursuant to subsection (a) in ensuring the
            appropriate use of cost-reimbursement contracts.

        (e) Congressional Committees Defined.--The report required by
    subsection (d) shall be submitted to the Committee on Oversight and
    Government Reform of the House of Representatives; the Committee on
    Homeland Security and Governmental Affairs of the Senate; the Committees
    on Appropriations of the House of Representatives and the Senate; and,
    in the case of the Department of Defense and the Department of Energy,
    the Committees on Armed Services of the Senate and the House of
    Representatives.
        (f) Requirements Limited to Certain Agencies and Years.--
                (1) Agencies.--The <<NOTE: Applicability.>> requirement in
            subsection (c) shall apply only to those executive agencies that
            awarded contracts or issued orders (under contracts previously
            awarded) in a total amount of at least $1,000,000,000 in the
            fiscal year proceeding the fiscal year in which the assessments
            and reports are submitted.
                (2) Years.--The <<NOTE: Submission dates.>> report required
            by subsection (d) shall be submitted from March 1, 2009, until
            March 1, 2014.

        (g) Executive Agency Defined.--In this section, the term ``executive
    agency'' has the meaning given such term in section 4(1) of the Office
    of Federal Procurement Policy Act (41 U.S.C. 403(1)).

    [[Page 122 STAT. 4550]]

    SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

        (a) Office of Management and Budget Policy Guidance.--
                (1) Report and guidelines.--Not later than one year after
            the date of the enactment of this Act, the Director of the
            Office of Management and Budget shall--
                        (A) submit to Congress a comprehensive report on
                    interagency acquisitions, including their frequency of
                    use, management controls, cost-effectiveness, and
                    savings generated; and
                        (B) issue guidelines to assist the heads of
                    executive agencies in improving the management of
                    interagency acquisitions.
                (2) Matters covered by guidelines.--For purposes of
            paragraph (1)(B), the Director shall include guidelines on the
            following matters:
                        (A) Procedures for the use of interagency
                    acquisitions to maximize competition, deliver best value
                    to executive agencies, and minimize waste, fraud, and
                    abuse.
                        (B) Categories of contracting inappropriate for
                    interagency acquisition.
                        (C) Requirements for training acquisition workforce
                    personnel in the proper use of interagency acquisitions.

        (b) Regulations Required.--
                (1) In general.--Not <<NOTE: Deadline.>> later than one year
            after the date of the enactment of this Act, the Federal
            Acquisition Regulation shall be revised to require that all
            interagency acquisitions--
                        (A) include a written agreement between the
                    requesting agency and the servicing agency assigning
                    responsibility for the administration and management of
                    the contract;
                        (B) include a determination that an interagency
                    acquisition is the best procurement alternative; and
                        (C) include sufficient documentation to ensure an
                    adequate audit.
                (2) Multi-agency contracts.--Not <<NOTE: Deadline.>> later
            than one year after the date of the enactment of this Act, the
            Federal Acquisition Regulation shall be revised to require any
            multi-agency contract entered into by an executive agency after
            the effective date of such regulations to be supported by a
            business case analysis detailing the administration of such
            contract, including an analysis of all direct and indirect costs
            to the Federal Government of awarding and administering such
            contract and the impact such contract will have on the ability
            of the Federal Government to leverage its purchasing power.

        (c) Agency Reporting Requirement.--The senior procurement executive
    for each executive agency shall, as directed by the Director of the
    Office of Management and Budget, submit to the Director annual reports
    on the actions taken by the executive agency pursuant to the guidelines
    issued under subsection (a).
        (d) Definitions.--In this section:
                (1) The term ``executive agency'' has the meaning given such
            term in section 4(1) of the Office of Federal Procurement Policy
            Act (41 U.S.C. 403(1)), except that, in the case of a military
            department, it means the Department of Defense.
                (2) The term ``head of executive agency'' means the head of
            an executive agency except that, in the case of a military
            department, the term means the Secretary of Defense.

    [[Page 122 STAT. 4551]]

                (3) The term ``interagency acquisition'' means a procedure
            by which an executive agency needing supplies or services (the
            requesting agency) obtains them from another executive agency
            (the servicing agency). The term includes acquisitions under
            section 1535 of title 31, United States Code (commonly referred
            to as the ``Economy Act''), Federal Supply Schedules above
            $500,000, and Governmentwide acquisition contracts.
                (4) The term ``multi-agency contract'' means a task or
            delivery order contract established for use by more than one
            executive agency to obtain supplies and services, consistent
            with section 1535 of title 31, United States Code (commonly
            referred to as the ``Economy Act'').
    SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

        (a) Regulations.--Not <<NOTE: Deadline.>> later than one year after
    the date of the enactment of this Act, the Federal Acquisition
    Regulation shall be amended, for executive agencies other than the
    Department of Defense, to minimize the excessive use by contractors of
    subcontractors, or of tiers of subcontractors, that add no or negligible
    value, and to ensure that neither a contractor nor a subcontractor
    receives indirect costs or profit on work performed by a lower-tier
    subcontractor to which the higher-tier contractor or subcontractor adds
    no, or negligible, value (but not to limit charges for indirect costs
    and profit based on the direct costs of managing lower-tier
    subcontracts).

        (b) Covered Contracts.--This section applies to any cost-
    reimbursement type contract or task or delivery order in an amount
    greater than the simplified acquisition threshold (as defined by section
    4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)).
        (c) Rule of Construction.--Nothing in this section shall be
    construed as limiting the ability of the Department of Defense to
    implement more restrictive limitations on the tiering of subcontractors.
        (d) Applicability.--The Department of Defense shall continue to be
    subject to guidance on limitations on tiering of subcontractors issued
    by the Department pursuant to section 852 of the John Warner National
    Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
    Stat. 2340).
        (e) Executive Agency Defined.--In this section, the term ``executive
    agency'' has the meaning given such term in section 4(1) of the Office
    of Federal Procurement Policy Act (41 U.S.C. 403(1)).
    SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION
                            OUTCOMES.

        (a) Guidance for Executive Agencies on Linking of Award and
    Incentive Fees to Acquisition Outcomes.--
    Not <<NOTE: Deadline. Regulations.>> later than 1 year after the date of
    the enactment of this Act, the Federal Acquisition Regulation shall be
    amended to provide executive agencies other than the Department of
    Defense with instructions, including definitions, on the appropriate use
    of award and incentive fees in Federal acquisition programs.

        (b) Elements.--The regulations under subsection (a) shall--
                (1) ensure that all new contracts using award fees link such
            fees to acquisition outcomes (which shall be defined in terms of
            program cost, schedule, and performance);

    [[Page 122 STAT. 4552]]

                (2) establish standards for identifying the appropriate
            level of officials authorized to approve the use of award and
            incentive fees in new contracts;
                (3) provide guidance on the circumstances in which
            contractor performance may be judged to be ``excellent'' or
            ``superior'' and the percentage of the available award fee which
            contractors should be paid for such performance;
                (4) establish standards for determining the percentage of
            the available award fee, if any, which contractors should be
            paid for performance that is judged to be ``acceptable'',
            ``average'', ``expected'', ``good'', or ``satisfactory'';
                (5) ensure that no award fee may be paid for contractor
            performance that is judged to be below satisfactory performance
            or performance that does not meet the basic requirements of the
            contract;
                (6) provide specific direction on the circumstances, if any,
            in which it may be appropriate to roll over award fees that are
            not earned in one award fee period to a subsequent award fee
            period or periods;
                (7) ensure consistent use of guidelines and definitions
            relating to award and incentive fees across the Federal
            Government;
                (8) ensure that each executive agency--
                        (A) collects relevant data on award and incentive
                    fees paid to contractors; and
                        (B) has mechanisms in place to evaluate such data on
                    a regular basis;
                (9) include performance measures to evaluate the
            effectiveness of award and incentive fees as a tool for
            improving contractor performance and achieving desired program
            outcomes; and
                (10) provide mechanisms for sharing proven incentive
            strategies for the acquisition of different types of products
            and services among contracting and program management officials.

        (c) Guidance for Department of Defense.--The Department of Defense
    shall continue to be subject to guidance on award and incentive fees
    issued by the Secretary of Defense pursuant to section 814 of the John
    Warner National Defense Authorization Act for Fiscal Year 2007 (Public
    Law 109-364; 120 Stat. 2321).
        (d) Executive Agency Defined.--In this section, the term ``executive
    agency'' has the meaning given such term in section 4(1) of the Office
    of Federal Procurement Policy Act (41 U.S.C. 403(1)).
    SEC. 868. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.

        (a) Regulations Required.--Not <<NOTE: Deadline.>> later than 180
    days after the date of the enactment of this Act, the Federal
    Acquisition Regulation shall be amended with respect to the procurement
    of commercial services.

        (b) Applicability of Commercial Procedures.--
                (1) Services of a type sold in marketplace.--The regulations
            modified pursuant to subsection (a) shall ensure that services
            that are not offered and sold competitively in substantial
            quantities in the commercial marketplace, but are of a type
            offered and sold competitively in substantial quantities

    [[Page 122 STAT. 4553]]

            in the commercial marketplace, may be treated as commercial
            items for purposes of section 254b of title 41, United States
            Code (relating to truth in negotiations), only if the
            contracting officer determines in writing that the offeror has
            submitted sufficient information to evaluate, through price
            analysis, the reasonableness of the price for such services.
                (2) Information submitted.--To the extent necessary to make
            a determination under paragraph (1), the contracting officer may
            request the offeror to submit--
                        (A) prices paid for the same or similar commercial
                    items under comparable terms and conditions by both
                    government and commercial customers; and
                        (B) if the contracting officer determines that the
                    information described in subparagraph (A) is not
                    sufficient to determine the reasonableness of price,
                    other relevant information regarding the basis for price
                    or cost, including information on labor costs, material
                    costs, and overhead rates.
    SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.

        (a) Purpose.--The purpose of this section is to authorize the
    preparation and completion of a plan (to be known as the ``Acquisition
    Workforce Development Strategic Plan'') for Federal agencies other than
    the Department of Defense to develop a specific and actionable 5-year
    plan to increase the size of the acquisition workforce, and to operate a
    government-wide acquisition intern program, for such Federal agencies.
        (b) Establishment of Plan.--The Associate Administrator for
    Acquisition Workforce Programs designated under section 855(a) of the
    National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
    181; 122 Stat. 251; 41 U.S.C. 433(a)) shall be responsible for the
    management, oversight, and administration of the Acquisition Workforce
    Development Strategic Plan in cooperation and consultation with the
    Office of Federal Procurement Policy and the assistance of the Federal
    Acquisition Institute.
        (c) Criteria.--The Acquisition Workforce Development Strategic Plan
    shall include, at a minimum, an examination of the following matters:
                (1) The variety and complexity of acquisitions conducted by
            each Federal agency covered by the plan, and the workforce
            needed to effectively carry out such acquisitions.
                (2) The development of a sustainable funding model to
            support efforts to hire, retain, and train an acquisition
            workforce of appropriate size and skill to effectively carry out
            the acquisition programs of the Federal agencies covered by the
            plan, including an examination of interagency funding methods
            and a discussion of how the model of the Defense Acquisition
            Workforce Development Fund could be applied to civilian
            agencies.
                (3) Any strategic human capital planning necessary to hire,
            retain, and train an acquisition workforce of appropriate size
            and skill at each Federal agency covered by the plan.
                (4) Methodologies that Federal agencies covered by the plan
            can use to project future acquisition workforce personnel hiring
            requirements, including an appropriate distribution of such
            personnel across each category of positions designated

    [[Page 122 STAT. 4554]]

            as acquisition workforce personnel under section 37(j) of the
            Office of Federal Procurement Policy Act (41 U.S.C. 433(j)).
                (5) Government-wide training standards and certification
            requirements necessary to enhance the mobility and career
            opportunities of the Federal acquisition workforce within the
            Federal agencies covered by the plan.
                (6) If the Associate Administrator recommends as part of the
            plan a growth in the acquisition workforce of the Federal
            agencies covered by the plan below 25 percent over the next 5
            years, an examination of each of the matters specified in
            paragraphs (1) through (5) in the context of a 5-year plan that
            increases the size of such acquisition workforce by not less
            than 25 percent, or an explanation why such a level of growth
            would not be in the best interest of the Federal Government.

        (d) Deadline for Completion.--The Acquisition Workforce Development
    Strategic Plan shall be completed not later than one year after the date
    of the enactment of this Act and in a fashion that allows for immediate
    implementation of its recommendations and guidelines.
        (e) Funds.--The Acquisition Workforce Development Strategic Plan
    shall be funded from the Acquisition Workforce Training Fund under
    section 37(h)(3) of the Office of Federal Procurement Policy Act (41
    U.S.C. 433(h)(3)).
    SEC. 870. CONTINGENCY CONTRACTING CORPS.

        (a) Establishment.--The Office of Federal Procurement Policy Act (41
    U.S.C. 403 et seq.) is amended by adding at the end the following new
    section:
    ``SEC. 44. CONTINGENCY CONTRACTING CORPS.

        ``(a) Establishment.--The Administrator of General Services,
    pursuant to policies established by the Office of Management and Budget,
    and in consultation with the Secretary of Defense and the Secretary of
    Homeland Security, shall establish a Governmentwide Contingency
    Contracting Corps (in this section referred to as the `Corps'). The
    members of the Corps shall be available for deployment in responding to
    an emergency or major disaster, or a contingency operation, both within
    or outside the continental United States.
        ``(b) Applicability.--The authorities provided in this section apply
    with respect to any procurement of property or services by or for an
    executive agency that, as determined by the head of such executive
    agency, are to be used--
                ``(1) in support of a contingency operation as defined in
            section 101(a)(13) of title 10, United States Code; or
                ``(2) to respond to an emergency or major disaster as
            defined in section 102 of the Robert T. Stafford Disaster Relief
            and Emergency Assistance Act (42 U.S.C. 5122).

        ``(c) Membership.--Membership in the Corps shall be voluntary and
    open to all Federal employees and members of the Armed Forces who are
    members of the Federal acquisition workforce.
        ``(d) Education and Training.--The Administrator may, in
    consultation with the Director of the Federal Acquisition Institute and
    the Chief Acquisition Officers Council, establish educational and
    training requirements for members of the Corps. Education and training
    carried out pursuant to such requirements shall be

    [[Page 122 STAT. 4555]]

    paid for from funds available in the acquisition workforce training fund
    established pursuant to section 37(h)(3) of this Act.
        ``(e) Salary.--The salary for a member of the Corps shall be paid--
                ``(1) in the case of a member of the Armed Forces, out of
            funds available to the Armed Force concerned; and
                ``(2) in the case of a Federal employee, out of funds
            available to the employing agency.

        ``(f) Authority to Deploy the Corps.--(1) The Director of the Office
    of Management and Budget shall have the authority, upon request by an
    executive agency, to determine when members of the Corps shall be
    deployed, with the concurrence of the head of the agency or agencies
    employing the members to be deployed.
        ``(2) Nothing in this section shall preclude the Secretary of
    Defense or the Secretary's designee from deploying members of the Armed
    Forces or civilian personnel of the Department of Defense in support of
    a contingency operation as defined in section 101(a)(13) of title 10,
    United States Code.
        ``(g) Annual Report.--
                ``(1) In general.--The Administrator of General Services
            shall provide to the Committee on Homeland Security and
            Governmental Affairs and the Committee on Armed Services of the
            Senate and the Committee on Oversight and Government Reform and
            the Committee on Armed Services of the House of Representatives
            an annual report on the status of the Contingency Contracting
            Corps as of September 30 of each fiscal year.
                ``(2) Content.--At a minimum, each report under paragraph
            (1) shall include the number of members of the Contingency
            Contracting Corps, the total cost of operating the program, the
            number of deployments of members of the program, and the
            performance of members of the program in deployment.''.

        (b) Clerical Amendment.--The table of contents for that Act
    (contained in section 1(b) of that Act) is amended by adding at the end
    the following new item:

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

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

        (a) Civilian Agencies.--Section 304C of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in
    subsection (c)(1) by inserting before the period the following: ``and to
    interview any current employee regarding such transactions''.
        (b) Defense Agencies.--Section 2313 of title 10, United States Code,
    is amended in subsection (c)(1) by inserting before the period the
    following: ``and to interview any current employee regarding such
    transactions''.
    SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS
                            AND SUSPENSION AND DEBARMENT OFFICIALS.

        (a) In General.--Subject <<NOTE: Deadline.>> to the authority,
    direction, and control of the Director of the Office of Management and
    Budget, the Administrator of General Services shall establish, not later
    than one year after the date of the enactment of this Act, and maintain
    a database of information regarding the integrity and performance

    [[Page 122 STAT. 4556]]

    of certain persons awarded Federal agency contracts and grants for use
    by Federal agency officials having authority over contracts and grants.

        (b) Persons Covered.--The database shall cover the following:
                (1) Any person awarded a Federal agency contract or grant in
            excess of $500,000, if any information described in subsection
            (c) exists with respect to such person.
                (2) Any person awarded such other category or categories of
            Federal agency contract as the Federal Acquisition Regulation
            may provide, if such information exists with respect to such
            person.

        (c) Information Included.--With respect to a covered person the
    database shall include information (in the form of a brief description)
    for the most recent 5-year period regarding the following:
                (1) Each civil or criminal proceeding, or any administrative
            proceeding, in connection with the award or performance of a
            contract or grant with the Federal Government with respect to
            the person during the period to the extent that such proceeding
            results in the following dispositions:
                        (A) In a criminal proceeding, a conviction.
                        (B) In a civil proceeding, a finding of fault and
                    liability that results in the payment of a monetary
                    fine, penalty, reimbursement, restitution, or damages of
                    $5,000 or more.
                        (C) In an administrative proceeding, a finding of
                    fault and liability that results in--
                              (i) the payment of a monetary fine or penalty
                          of $5,000 or more; or
                              (ii) the payment of a reimbursement,
                          restitution, or damages in excess of $100,000.
                        (D) To the maximum extent practicable and consistent
                    with applicable laws and regulations, in a criminal,
                    civil, or administrative proceeding, a disposition of
                    the matter by consent or compromise with an
                    acknowledgment of fault by the person if the proceeding
                    could have led to any of the outcomes specified in
                    subparagraph (A), (B), or (C).
                (2) Each Federal contract and grant awarded to the person
            that was terminated in such period due to default.
                (3) Each Federal suspension and debarment of the person in
            that period.
                (4) Each Federal administrative agreement entered into by
            the person and the Federal Government in that period to resolve
            a suspension or debarment proceeding.
                (5) Each final finding by a Federal official in that period
            that the person has been determined not to be a responsible
            source under subparagraph (C) or (D) of section 4(7) of the
            Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).
                (6) Such other information as shall be provided for purposes
            of this section in the Federal Acquisition Regulation.
                (7) To the maximum extent practical, information similar to
            the information covered by paragraphs (1) through (4) in
            connection with the award or performance of a contract or grant
            with a State government.

        (d) Requirements Relating to Information in Database.--
                (1) Direct input and update.--The Administrator shall design
            and maintain the database in a manner that allows the
            appropriate Federal agency officials to directly input and

    [[Page 122 STAT. 4557]]

            update information in the database relating to actions such
            officials have taken with regard to contractors or grant
            recipients.
                (2) Timeliness and accuracy.--The Administrator shall
            develop policies to require--
                        (A) the timely and accurate input of information
                    into the database;
                        (B) the timely notification of any covered person
                    when information relevant to the person is entered into
                    the database; and
                        (C) opportunities for any covered person to submit
                    comments pertaining to information about such person for
                    inclusion in the database.

        (e) Use of Database.--
                (1) Availability to government officials.--The Administrator
            shall ensure that the information in the database is available
            to appropriate acquisition officials of Federal agencies, to
            such other government officials as the Administrator determines
            appropriate, and, upon request, to the Chairman and Ranking
            Member of the committees of Congress having jurisdiction.
                (2) Review and assessment of data.--
                        (A) In general.--Before awarding a contract or grant
                    in excess of the simplified acquisition threshold under
                    section 4(11) of the Office of Federal Procurement
                    Policy Act (41 U.S.C. 403(11)), the Federal agency
                    official responsible for awarding the contract or grant
                    shall review the database and shall consider all
                    information in the database with regard to any offer or
                    proposal, and, in the case of a contract, shall consider
                    other past performance information available with
                    respect to the offeror in making any responsibility
                    determination or past performance evaluation for such
                    offeror.
                        (B) Documentation in contract file.--The contract
                    file for each contract of a Federal agency in excess of
                    the simplified acquisition threshold shall document the
                    manner in which the material in the database was
                    considered in any responsibility determination or past
                    performance evaluation.

        (f) Disclosure in <<NOTE: Deadline.>> Applications.--Not later than
    one year after the date of the enactment of this Act, the Federal
    Acquisition Regulation shall be amended to require that persons with
    Federal agency contracts and grants valued in total greater than
    $10,000,000 shall--
                (1) submit to the Administrator, in a manner determined
            appropriate by the Administrator, the information subject to
            inclusion in the database as listed in subsection (c) current as
            of the date of submittal of such information under this
            subsection; and
                (2) update such information on a semiannual basis.

        (g) Rulemaking.--The Administrator shall promulgate such regulations
    as may be necessary to carry out this section.
    SEC. 873. <<NOTE: 31 USC 6101 note.>> ROLE OF INTERAGENCY
                            COMMITTEE ON DEBARMENT AND SUSPENSION.

        (a) Requirement.--The Interagency Committee on Debarment and
    Suspension shall--

    [[Page 122 STAT. 4558]]

                (1) resolve issues regarding which of several Federal
            agencies is the lead agency having responsibility to initiate
            suspension or debarment proceedings;
                (2) coordinate actions among interested agencies with
            respect to such action;
                (3) encourage and assist Federal agencies in entering into
            cooperative efforts to pool resources and achieve operational
            efficiencies in the Governmentwide suspension and debarment
            system;
                (4) <<NOTE: Recommen- dations.>> recommend to the Office of
            Management and Budget changes to Government suspension and
            debarment system and its rules, if such recommendations are
            approved by a majority of the Interagency Committee;
                (5) <<NOTE: Guidelines.>> authorize the Office of Management
            and Budget to issue guidelines that implement those
            recommendations;
                (6) authorize the chair of the Committee to establish
            subcommittees as appropriate to best enable the Interagency
            Committee to carry out its functions; and
                (7) <<NOTE: Deadline. Reports.>> submit to Congress an
            annual report on--
                        (A) the progress and efforts to improve the
                    suspension and debarment system;
                        (B) member agencies' active participation in the
                    committee's work; and
                        (C) a summary of each agency's activities and
                    accomplishments in the Governmentwide debarment system.

        (b) Definition.--The term ``Interagency Committee on Debarment and
    Suspension'' means such committee constituted under sections 4 and 5 and
    of Executive Order No. 12549.
    SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.

        (a) Enhanced <<NOTE: 41 USC 405 note.>> Transparency on Interagency
    Contracting and Other Transactions.--Not <<NOTE: Deadline.>> later than
    one year after the date of the enactment of this Act, the Director of
    the Office of Management and Budget shall direct appropriate revisions
    to the Federal Procurement Data System or any successor system to
    facilitate the collection of complete, timely, and reliable data on
    interagency contracting actions and on transactions other than
    contracts, grants, and cooperative agreements issued pursuant to section
    2371 of title 10, United States Code, or similar authorities. The
    Director shall ensure that data, consistent with what is collected for
    contract actions, is obtained on--
                (1) interagency contracting actions, including data at the
            task or delivery-order level; and
                (2) other transactions, including the initial award and any
            subsequent modifications awarded or orders issued (other than
            transactions that are reported through the Federal Assistance
            Awards Data System).

        (b) Amendment.--Subsection (d) of section 19 of the Office of
    Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to read as
    follows:
        ``(d) Transmission and Data Entry of Information.--The head of each
    executive agency shall ensure the accuracy of the information included
    in the record established and maintained by such agency under subsection
    (a) and shall transmit in a timely manner such information to the
    General Services Administration

    [[Page 122 STAT. 4559]]

    for entry into the Federal Procurement Data System referred to in
    section 6(d)(4), or any successor system.''.
        (c) Report to Congress.--
                (1) Report required.--Not later than 180 days after the date
            of the enactment of this Act, the Administrator of General
            Services shall submit to Congress a report.
                (2) Contents of report.--The report shall contain the
            following:
                        (A) A list of all databases that include information
                    about Federal contracting and Federal grants.
                        (B) Recommendations for further legislation or
                    administrative action that the Administrator considers
                    appropriate to create a centralized, comprehensive
                    Federal contracting and Federal grant database.

                            Subtitle H--Other Matters

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

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

        ``(f) Definitions.--In this section:
                ``(1) The''; and
                        (B) by adding at the end the following new
                    paragraph:
                ``(2) The term `Secretary concerned' has the meaning
            provided in section 101(a)(9) of this title and also includes--
                        ``(A) the Secretary of Defense, with respect to
                    matters concerning the Defense Agencies and Department
                    of Defense Field Activities; and
                        ``(B) the Secretary of Homeland Security, with
                    respect to matters concerning the Coast Guard when it is
                    not operating as a service in the Department of the
                    Navy.''.
    SEC. 882. REPORT ON MARKET RESEARCH.

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

    [[Page 122 STAT. 4560]]

                (3) actions the Department of Defense intends to take to
            further implement such section 826 and the amendments made by
            that section, including dissemination of best practices and
            corrective actions where necessary; and
                (4) such other matters as the Secretary considers
            appropriate.
    SEC. 883. REPORT RELATING TO MUNITIONS.

        Not later than March 1, 2009, the Secretary of Defense shall submit
    to the congressional defense committees a report detailing how 60mm and
    81mm munitions used by the Armed Forces are procured, including, where
    relevant, an explanation of the decision to procure such munitions from
    non-domestic sources and the justification for awarding contracts to
    non-domestic sources.
    SEC. 884. <<NOTE: 10 USC 2302 note.>> MOTOR CARRIER FUEL
                            SURCHARGES.

        (a) Pass Through to Cost Bearer.--The Secretary of Defense shall
    take appropriate actions to ensure that, to the maximum extent
    practicable, in all carriage contracts in which a fuel-related
    adjustment is provided for, any fuel-related adjustment is passed
    through to the person who bears the cost of the fuel that the adjustment
    relates to.
        (b) Use of Contract Clause.--The actions taken by the Secretary
    under subsection (a) shall include the insertion of a contract clause,
    with appropriate flow-down requirements, into all contracts with motor
    carriers, brokers, or freight forwarders providing or arranging truck
    transportation or services in which a fuel-related adjustment is
    provided for.
        (c) Disclosure.--The Secretary shall publicly disclose any decision
    by the Department of Defense to pay fuel-related adjustments under
    contracts (or a category of contracts) covered by this section.
        (d) Report.--Not later than 270 days after the date of the enactment
    of this Act, the Secretary shall submit to the committees on Armed
    Services of the Senate and the House of Representatives a report on the
    actions taken in accordance with the requirements of subsection (a).
    SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF EQUIPMENT
                            FOR HOMELAND SECURITY AND EMERGENCY
                            RESPONSE ACTIVITIES THROUGH THE DEPARTMENT
                            OF DEFENSE.

        (a) Expansion of Procurement Authority to Include Equipment for
    Homeland Security and Emergency Response Activities.--
                (1) Procedures.--Subsection (a)(1) of section 381 of title
            10, United States Code, is amended--
                        (A) in subsection (a)(1)--
                              (i) in the matter preceding subparagraph (A)--
                                        (I) by striking ``law enforcement'';
                                    and
                                        (II) by inserting ``, homeland
                                    security, and emergency response'' after
                                    ``counter-drug'';
                              (ii) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by inserting ``, homeland security,
                                    or emergency response'' after ``counter-
                                    drug''; and
                                        (II) in clause (i), by striking
                                    ``law enforcement'';
                              (iii) in subparagraph (C), by striking ``law
                          enforcement'' each place it appears; and

    [[Page 122 STAT. 4561]]

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

        (b) Clerical Amendments.--
                (1) Heading amendment.--The heading of such section is
            amended to read as follows:
    ``Sec. 381. Procurement of equipment by State and local
                    governments through the Department of Defense:
                    equipment for counter-drug, homeland security, and
                    emergency response activities''.
                (2) Table of sections.--The table of sections at the
            beginning of chapter 18 of such title is amended by striking the
            item relating to section 381 and inserting the following new
            item:

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

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

        (a) Review of Covered Subsidies <<NOTE: Deadline.>> Required.--The
    Secretary of Defense, not later than 10 days after a ruling by the World
    Trade Organization that the United States, the European Union, or any
    political entity within the United States or the European Union, has
    provided a covered subsidy to a manufacturer of large commercial
    aircraft, shall begin a review, as described in subsection (b), of the
    impact of such covered subsidy on the source selection for the KC-45
    Aerial Refueling Aircraft Program.

        (b) Performance of the Review.--
    In <<NOTE: Consultation.>> performing the review required by subsection
    (a), the Secretary of Defense shall consult with experts within the
    Department of Defense, the Office of Management and Budget, the Office
    of the United States Trade Representative, and other agencies and
    offices of the Federal Government, and with such other experts outside
    the Government as the Secretary considers appropriate, on the potential
    impact of a covered subsidy on the source selection process for the KC-
    45 Aerial Refueling Aircraft Program.

    [[Page 122 STAT. 4562]]

        (c) Completion of <<NOTE: Deadline.>> Review.--The Secretary of
    Defense shall complete the review required by subsection (a) not later
    than 90 days after the World Trade Organization has completed ruling on
    all cases involving the allegation of a covered subsidy provided to a
    manufacturer of large commercial aircraft pending at the World Trade
    Organization as of the date of the enactment of this Act.

        (d) Report <<NOTE: Recommen- dations.>> on Review.--Not later than
    30 days after the completion of the review required by subsection (a),
    the Secretary of Defense shall provide a report to the congressional
    defense committees on the findings of the review, together with any
    recommendations the Secretary considers appropriate.

        (e) Definitions.--In this section:
                (1) The term ``covered subsidy'' means a subsidy found to
            constitute a violation of the Agreement on Subsidies and
            Countervailing Measures.
                (2) The term ``Agreement on Subsidies and Countervailing
            Measures'' means the agreement described in section 101(d)(12)
            of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
                (3) The term ``source selection'', with respect to a program
            of the Department of Defense, means the selection, through the
            use of competitive procedures or such other procurement
            procedures as may be applicable, of a contractor to perform a
            contract to carry out the program.
    SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE MANAGEMENT
                            AT THE DEPARTMENT OF DEFENSE.

        (a) In General.--The Secretary of Defense shall prepare a report on
    the implementation by the Department of Defense of earned value
    management. The report shall include, at a minimum, the following:
                (1) A discussion of the regulations and guidance of the
            Department applicable to the use and implementation of earned
            value management.
                (2) A discussion of the relative value of earned value
            management as a tool for program managers and senior Department
            officials.
                (3) A discussion of specific challenges the Department faces
            in successfully using earned value management because of the
            nature of the culture, history, systems, and activities of the
            Department, particularly with regard to requirements and funding
            instability.
                (4) A discussion of the methodology of the Department for
            earned value management implementation, including data quality
            issues, training, and information technology systems used to
            integrate and transmit earned value management data.
                (5) An evaluation of the accuracy of the earned value
            management data provided by vendors to the Federal Government
            concerning acquisition categories I and II programs, with a
            discussion of the impact of this data on the ability of the
            Department to achieve program objectives.
                (6) A description of the criteria used by the Department to
            evaluate the success of earned value management in delivering
            program objectives, with illustrative data and examples covering
            not less than three years.

    [[Page 122 STAT. 4563]]

                (7) Recommendations for improving earned value management
            and its implementation within the Department, including a
            discussion of the merits of possible alternatives.

        (b) Submission of Report.--Not later than 270 days after the date of
    the enactment of this Act, the Secretary of Defense shall submit the
    report required by subsection (a) to the Committees on Armed Services of
    the Senate and of the House of Representatives.
        (c) Definition.--In this section, the term ``earned value
    management'' has the meaning given that term in section 300 of part 7 of
    Office of Management and Budget Circular A-11 as published in June 2008.

           TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                  Subtitle A--Department of Defense Management

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

                          Subtitle B--Space Activities

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

                  Subtitle C--Chemical Demilitarization Program

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

                    Subtitle D--Intelligence-Related Matters

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

                            Subtitle E--Other Matters

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

    [[Page 122 STAT. 4564]]

                  Subtitle A--Department of Defense Management

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

        (a) Requirement for Plan.--The commander of the special operations
    command, in consultation with the secretaries of the military
    departments, shall prepare and submit to the Secretary of Defense a plan
    relating to personnel management of special operations forces.
        (b) Matters Covered.--The plan under subsection (a) shall address
    the following:
                (1) Coordination among the military departments in order to
            enhance the manpower management and improve overall readiness of
            special operations forces.
                (2) Coordination by the commander of the special operations
            command with the Secretaries of the military departments in
            order to better execute his responsibility to maintain readiness
            of special operations forces, including in the areas of
            accessions, assignments, compensation, promotions, professional
            development, retention, sustainment, and training.

        (c) Submission of Plan to Congressional Defense Committees.--
    Not <<NOTE: Deadline.>> later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit the plan
    required under subsection (a) to the congressional defense committees,
    together with such additional comments as the Secretary and the Chairman
    of the Joint Chiefs of Staff consider appropriate.
    SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.

        (a) Establishment of Position; Duties.--Chapter 4 of title 10,
    United States Code, is amended by inserting after section 139a the
    following new section:
    ``Sec. 139b. Director of Operational Energy Plans and Programs

        ``(a) Appointment.--There <<NOTE: President.>> 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

    [[Page 122 STAT. 4565]]

                        ``(C) research and development investments related
                    to operational energy demand and supply technologies;
                    and
                ``(4) monitor and review all operational energy initiatives
            in the Department of Defense.

        ``(c) Principal Advisor for Operational Energy Plans and Programs.--
    (1) The Director is the principal adviser to the Secretary of Defense
    and the Deputy Secretary of Defense regarding operational energy plans
    and programs and the principal policy official within the senior
    management of the Department of Defense regarding operational energy
    plans and programs.
        ``(2) The Director may communicate views on matters related to
    operational energy plans and programs and the operational energy
    strategy required by subsection (d) directly to the Secretary of Defense
    and the Deputy Secretary of Defense without obtaining the approval or
    concurrence of any other official within the Department of Defense.
        ``(d) Operational Energy Strategy.--(1) The Director shall be
    responsible for the establishment and maintenance of a department-wide
    transformational strategy for operational energy. The strategy shall
    establish near-term, mid-term, and long-term goals, performance metrics
    to measure progress in meeting the goals, and a plan for implementation
    of the strategy within the military departments, the Office of the
    Secretary of Defense, and Defense Agencies.
        ``(2) Not <<NOTE: Deadline. Designation.>> 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) <<NOTE: Procedures.>> By authority of the Secretary of
    Defense, the Director shall prescribe policies and procedures for the
    implementation of the strategy. The <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Recommen-
    dations.>> 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).

    [[Page 122 STAT. 4566]]

        ``(3) The <<NOTE: Deadline. Reports. Certification.>> 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) <<NOTE: Deadline. Reports.>> Not later than 10 days after the
    date on which the budget for a fiscal year is submitted to Congress
    pursuant to section 1105 of title 31, the Secretary of Defense shall
    submit to Congress a report on the proposed budgets for that fiscal year
    that the Director has not certified under paragraph (3). The report
    shall include the following:
                ``(A) A discussion of the actions that the Secretary
            proposes to take, together with any recommended legislation that
            the Secretary considers appropriate, to address the inadequacy
            of the proposed budgets.
                ``(B) Any additional comments that the Secretary considers
            appropriate regarding the inadequacy of the proposed budgets.

        ``(5) The report required by paragraph (4) shall also include a
    separate statement of estimated expenditures and requested
    appropriations for that fiscal year for the activities of the Director
    in carrying out the duties of the Director.
        ``(f) Access to Initiative Results and Records.--(1) The Secretary
    of a military department shall submit to the Director the results of all
    studies and initiatives conducted by the military department in
    connection with the operational energy strategy.
        ``(2) The Director shall have access to all records and data in the
    Department of Defense (including the records and data of each military
    department) necessary in order to permit the Director to carry out the
    duties of the Director.
        ``(g) Staff.--The Director shall have a dedicated professional staff
    of military and civilian personnel in a number sufficient to enable the
    Director to carry out the duties and responsibilities of the Director.
        ``(h) Definitions.--In this section:
                ``(1) Operational energy.--The term `operational energy'
            means the energy required for training, moving, and sustaining
            military forces and weapons platforms for military operations.
            The term includes energy used by tactical power systems and
            generators and weapons platforms.
                ``(2) Operational energy strategy.--The terms `operational
            energy strategy' and `strategy' mean the operational energy
            strategy developed under subsection (d).''.

        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    139a the following new item:

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

    SEC. 903. <<NOTE: 10 USC 2228 note.>> CORROSION CONTROL AND
                            PREVENTION EXECUTIVES FOR THE MILITARY
                            DEPARTMENTS.

        (a) Requirement to Designate Corrosion Control and Prevention
    Executive.--Not <<NOTE: Deadline.>> 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

    [[Page 122 STAT. 4567]]

    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) <<NOTE: Deadlines. Reports.>> The corrosion control and
    prevention executive of a military department shall submit an annual
    report, not later than December 31 of each year, to the Secretary of
    Defense containing recommendations pertaining to the corrosion control
    and prevention program of the military department, including corrosion-
    related funding levels to carry out all of the duties of the executive
    under this section.
    SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF THE
                            DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS
                            SYSTEM MANAGEMENT COMMITTEE.

        (a) Participation.--Subsection (a) of section 186 of title 10,
    United States Code, is amended--
                (1) by redesignating paragraphs (2) through (7) as
            paragraphs (3) through (8), respectively;

    [[Page 122 STAT. 4568]]

                (2) by inserting after paragraph (1) the following new
            paragraph (2):
                ``(2) The Deputy Chief Management Officer of the Department
            of Defense.''; and
                (3) by striking paragraph (7), as redesignated by paragraph
            (1), and inserting the following new paragraph:
                ``(7) The Chief Management Officers of the military
            departments and the heads of such Defense Agencies as may be
            designated by the Secretary of Defense.''.

        (b) Service as Vice Chairman.--The second sentence of subsection (b)
    of such section is amended to read as follows: ``The Deputy Chief
    Management Officer of the Department of Defense shall serve as the vice
    chairman of the Committee, and shall act as chairman in the absence of
    the Deputy Secretary of Defense.''.
    SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE SECRETARY OF
                            DEFENSE FOR NUCLEAR AND CHEMICAL AND
                            BIOLOGICAL DEFENSE PROGRAMS.

        Section 142 of title 10, United States Code, is amended by adding at
    the end the following new subsection:
        ``(c) The Assistant to the Secretary shall be considered an
    Assistant Secretary of Defense for purposes of section 138(d) of this
    title.''.
    SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A
                            STRATEGIC PLAN TO ENHANCE THE ROLE OF THE
                            NATIONAL GUARD AND RESERVES.

        (a) Plan.--Not <<NOTE: Deadline.>> later than April 1, 2009, the
    Secretary of Defense shall prepare a plan for enhancing the roles of the
    National Guard and Reserve--
                (1) when federalized in the case of the National Guard, or
            activated in the case of the Reserves, in support of operations
            conducted under title 10, United States Code, including the
            transition of the reserve component of the Armed Forces from a
            strategic force to an operational reserve;
                (2) in support of operations conducted under title 32,
            United States Code, or in support to civil authorities; and
                (3) with respect to the achievement of a fully-integrated
            total force (including further development of a continuum of
            service).

        (b) Consultation.--In preparing the plan under subsection (a), the
    Secretary of Defense shall take into consideration the advice of the
    Chairman of the Joint Chiefs of Staff, the Secretary and Chief of Staff
    of the Army, the Secretary and Chief of Staff of the Air Force, the
    commander of the United States Northern Command, the Chief of the
    National Guard Bureau, and other appropriate officials, as determined by
    the Secretary of Defense.
        (c) Matters to Be Assessed.--In preparing the plan, the Secretary
    shall assess--
                (1) the findings, conclusions, and recommendations of the
            Final Report to Congress and the Secretary of Defense of the
            Commission on the National Guard and Reserves, dated January 31,
            2008, and titled ``Transforming the National Guard and Reserves
            into a 21st-Century Operational Force''; and
                (2) the provisions of H.R. 5603 and S. 2706 of the 110th
            Congress, as introduced on March 13, 2008 (the National Guard
            Empowerment and State-National Defense Integration Act of 2008).

    [[Page 122 STAT. 4569]]

        (d) Report.--Not later than April 1, 2009, the Secretary of Defense
    shall submit to the Committees on Armed Services of the Senate and the
    House of Representatives a report on the plan required under this
    section. The report shall include recommendations on--
                (1) any changes to the current Department of Defense
            organization, structure, command relationships, budget
            authority, procurement authority, and compensation and benefits;
                (2) any legislation that the Secretary considers necessary;
            and
                (3) any other matter the Secretary considers appropriate.
    SEC. 907. <<NOTE: Establishment.>> GENERAL COUNSEL TO THE
                            INSPECTOR GENERAL OF THE DEPARTMENT OF
                            DEFENSE.

        Section 8 of the Inspector General <<NOTE: 5 USC app. 8.>> Act of
    1978 (50 U.S.C. App. 8) is amended by adding at the end the following
    new subsection:

        ``(h)(1) There is a General Counsel to the Inspector General of the
    Department of Defense, who shall be appointed by the Inspector General
    of the Department of Defense.
        ``(2)(A) Notwithstanding section 140(b) of title 10, United States
    Code, the General Counsel is the chief legal officer of the Office of
    the Inspector General.
        ``(B) The Inspector General is the exclusive legal client of the
    General Counsel.
        ``(C) The General Counsel shall perform such functions as the
    Inspector General may prescribe.
        ``(D) The General Counsel shall serve at the discretion of the
    Inspector General.
        ``(3) There is an Office of the General Counsel to the Inspector
    General of the Department of Defense. The Inspector General may appoint
    to the Office to serve as staff of the General Counsel such legal
    counsel as the Inspector General considers appropriate.''.
    SEC. 908. <<NOTE: 10 USC 2222 note.>> BUSINESS TRANSFORMATION
                            INITIATIVES FOR THE MILITARY DEPARTMENTS.

        (a) In General.--The Secretary of each military department shall,
    acting through the Chief Management Officer of such military department,
    carry out an initiative for the business transformation of such military
    department.
        (b) Objectives.--The objectives of the business transformation
    initiative of a military department under this section shall include, at
    a minimum, the following:
                (1) The development of a comprehensive business
            transformation plan, with measurable performance goals and
            objectives, to achieve an integrated management system for the
            business operations of the military department.
                (2) The development of a well-defined enterprise-wide
            business systems architecture and transition plan encompassing
            end-to-end business processes and capable of providing
            accurately and timely information in support of business
            decisions of the military department.
                (3) The implementation of the business transformation plan
            developed pursuant to paragraph (1) and the business systems
            architecture and transition plan developed pursuant to paragraph
            (2).

        (c) Business Transformation Offices.--

    [[Page 122 STAT. 4570]]

                (1) Establishment.--Not <<NOTE: Deadline.>> later than 180
            days after the date of the enactment of this Act, the Secretary
            of each military department shall establish within such military
            department an office (to be known as the ``Office of Business
            Transformation'' of such military department) to assist the
            Chief Management Officer of such military department in carrying
            out the initiative required by this section for such military
            department.
                (2) Head.--The Office of Business Transformation of a
            military department under this subsection shall be headed by a
            Director of Business Transformation, who shall be appointed by
            the Chief Management Officer of the military department, in
            consultation with the Director of the Business Transformation
            Agency of the Department of Defense, from among individuals with
            significant experience managing large-scale organizations or
            business transformation efforts.
                (3) Supervision.--The Director of Business Transformation of
            a military department under paragraph (2) shall report directly
            to the Chief Management Officer of the military department,
            subject to policy guidance from the Director of the Business
            Transformation Agency of the Department of Defense.
                (4) Authority.--In carrying out the initiative required by
            this section for a military department, the Director of Business
            Transformation of the military department under paragraph (2)
            shall have the authority to require elements of the military
            department to carry out actions that are within the purpose and
            scope of the initiative.

        (d) Responsibilities of Business Transformation Offices.--The Office
    of Business Transformation of a military department established pursuant
    to subsection (b) may be responsible for the following:
                (1) Transforming the budget, finance, accounting, and human
            resource operations of the military department in a manner that
            is consistent with the business transformation plan developed
            pursuant to subsection (b)(1).
                (2) Eliminating or replacing financial management systems of
            the military department that are inconsistent with the business
            systems architecture and transition plan developed pursuant to
            subsection (b)(2).
                (3) Ensuring that the business transformation plan and the
            business systems architecture and transition plan are
            implemented in a manner that is aggressive, realistic, and
            accurately measured.
                (4) Such other responsibilities as the Secretary of that
            military department determines are appropriate.

        (e) Required Elements.--In carrying out the initiative required by
    this section for a military department, the Chief Management Officer and
    the Director of Business Transformation of the military department shall
    ensure that each element of the initiative is consistent with--
                (1) the requirements of the Business Enterprise Architecture
            and Transition Plan developed by the Secretary of Defense
            pursuant to section 2222 of title 10, United States Code;
                (2) the Standard Financial Information Structure of the
            Department of Defense;
                (3) the Federal Financial Management Improvement Act of 1996
            (and the amendments made by that Act); and

    [[Page 122 STAT. 4571]]

                (4) other applicable requirements of law and regulation.

        (f) Reports on Implementation.--
                (1) Initial reports.--Not later than nine months after the
            date of the enactment of this Act, the Chief Management Officer
            of each military department shall submit to the congressional
            defense committees a report on the actions taken, and on the
            actions planned to be taken, by such military department to
            implement the requirements of this section.
                (2) Updates.--Not later than March 1 of each of 2010, 2011,
            and 2012, the Chief Management Officer of each military
            department shall submit to the congressional defense committees
            a current update of the report submitted by such Chief
            Management Officer under paragraph (1).

                          Subtitle B--Space Activities

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

        Section 2274(i) of title 10, United States Code, is amended by
    striking ``September 30, 2009'' and inserting ``September 30, 2010''.
    SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL
                            SATELLITE CAPABILITIES.

        (a) Requirement.--The Secretary of Defense shall conduct an
    assessment to determine a recommended investment and acquisition
    strategy for commercial satellite capabilities.
        (b) Elements.--The assessment required under subsection (a) shall
    include the following:
                (1) Review of national and defense policy relevant to the
            requirements for, acquisition of, and use of commercial
            satellite capabilities, and the relationship with commercial
            satellite providers.
                (2) Assessment of the manner in which commercial satellite
            capabilities are used by the Department of Defense and options
            for expanding such use or identifying new means to leverage
            commercial satellite capabilities, such as hosting payloads.
                (3) Review of military requirements for satellite
            communications and remote sensing by quantity, quality,
            timeline, and any other metric considered appropriate.
                (4) Description of current and planned commercial satellite
            capabilities and an assessment of their ability to meet the
            requirements identified in paragraph (3).
                (5) Assessment of the ability of commercial satellite
            capabilities to meet other military requirements not identified
            in paragraph (3).
                (6) Description of the use of and resources allocated to
            commercial satellite communications and remote sensing needed to
            meet the requirements identified in paragraph (3) during--
                        (A) the five-year period preceding the date of the
                    assessment;
                        (B) the period from the date of the assessment
                    through the fiscal years covered under the future-years
                    defense

    [[Page 122 STAT. 4572]]

                    program under section 221 of title 10, United States
                    Code; and
                        (C) the period beyond the fiscal years covered under
                    the future-years defense program under such section 221.
                (7) Assessment of purchasing patterns that may lead to
            recommendations in which the Department may consolidate
            requirements, centralize operations, aggregate purchases, or
            leverage purchasing power (including the use of multiyear
            contracting).
                (8) Assessment of various models for acquiring commercial
            satellite capabilities, including funding, management, and
            operations models.

        (c) Report.--
                (1) In general.--Not later than February 1, 2010, the
            Secretary of Defense shall submit to the congressional defense
            committees a report setting forth the results of the assessment
            required under subsection (a) and provide recommendations,
            including--
                        (A) the recommended investment and acquisition
                    strategy of the Department for commercial satellite
                    capabilities;
                        (B) how the investment and acquisition strategy
                    should be addressed in fiscal years after fiscal year
                    2010; and
                        (C) a proposal for such legislative action as the
                    Secretary considers necessary to acquire appropriate
                    types and amounts of commercial satellite capabilities.
                (2) Form.--The report shall be in unclassified form, but may
            include a classified annex.

        (d) Definitions.--In this section:
                (1) The term ``commercial satellite capabilities'' means the
            system, capability, or service provided by a commercial
            satellite provider.
                (2) The term ``commercial satellite provider'' refers to
            privately owned and operated space systems, their technology,
            components, products, data, services, and related information,
            as well as foreign systems whose products and services are sold
            commercially.
    SEC. 913. SPACE POSTURE REVIEW.

        (a) Requirement for Comprehensive Review.--In order to clarify the
    national security space policy and strategy of the United States for the
    near term, the Secretary of Defense and the Director of National
    Intelligence shall jointly conduct a comprehensive review of the space
    posture of the United States over the posture review period.
        (b) Elements of Review.--The review conducted under subsection (a)
    shall include, for the posture review period, the following:
                (1) The definition, policy, requirements, and objectives for
            each of the following:
                        (A) Space situational awareness.
                        (B) Space control.
                        (C) Space superiority, including defensive and
                    offensive counterspace and protection.
                        (D) Force enhancement and force application.
                        (E) Space-based intelligence and surveillance and
                    reconnaissance from space.

    [[Page 122 STAT. 4573]]

                        (F) Integration of space and ground control and user
                    equipment.
                        (G) Any other matter the Secretary considers
                    relevant to understanding the space posture of the
                    United States.
                (2) A description of current and planned space acquisition
            programs that are in acquisition categories 1 and 2, including
            how each program will address the policy, requirements, and
            objectives described under each of subparagraphs (A) through (G)
            of paragraph (1).
                (3) A description of future space systems and technology
            development (other than such systems and technology in
            development as of the date of the enactment of this Act)
            necessary to address the policy, requirements, and objectives
            described under each of subparagraphs (A) through (G) of
            paragraph (1).
                (4) An assessment of the relationship among the following:
                        (A) Military space policy.
                        (B) National security space policy.
                        (C) National security space objectives.
                        (D) Arms control policy.
                        (E) Export control policy.
                        (F) Industrial base policy.
                (5) An assessment of the effect of the military and national
            security space policy of the United States on the proliferation
            of weapons capable of targeting objects in space or objects on
            Earth from space.

        (c) Report.--
                (1) In general.--Not later than December 1, 2009, the
            Secretary of Defense and the Director of National Intelligence
            shall jointly submit to the congressional committees specified
            in paragraph (3) a report on the review conducted under
            subsection (a).
                (2) Form of report.--The report under this subsection shall
            be submitted in unclassified form, but may include a classified
            annex.
                (3) Committees.--The congressional committees specified in
            this paragraph are--
                        (A) the Committee on Armed Services and the Select
                    Committee on Intelligence of the Senate; and
                        (B) the Committee on Armed Services and the
                    Permanent Select Committee on Intelligence of the House
                    of Representatives.

        (d) Posture Review Period Defined.--In this section, the term
    ``posture review period'' means the 10-year period beginning on February
    1, 2009.

                  Subtitle C--Chemical Demilitarization Program

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

        Section 172 of the National Defense Authorization Act for Fiscal
    Year 1993 (50 U.S.C. 1521 note) is amended--
                (1) by redesignating subsections (f) and (g) as subsections
            (g) and (h), respectively; and

    [[Page 122 STAT. 4574]]

                (2) by inserting after subsection (e) the following new
            subsection (f):

        ``(f) Colorado and Kentucky Chemical Demilitarization Citizens'
    Advisory <<NOTE: Transfer authority.>> Commissions.--(1) Notwithstanding
    subsections (b), (g), and (h), and consistent with section 142 of the
    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
    (50 U.S.C. 1521 note) and section 8122 of the Department of Defense
    Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1566; 50 U.S.C.
    1521 note), the Secretary of the Army shall transfer responsibilities
    for the Chemical Demilitarization Citizens' Advisory Commissions in
    Colorado and Kentucky to the Program Manager for Assembled Chemical
    Weapons Alternatives.

        ``(2) In carrying out the responsibilities transferred under
    paragraph (1), the Program Manager for Assembled Chemical Weapons
    Alternatives shall take appropriate actions to ensure that each
    Commission referred to in paragraph (1) retains the capacity to receive
    citizen and State concerns regarding the ongoing chemical
    demilitarization program in the State concerned.
        ``(3) A representative of the Office of the Assistant to the
    Secretary of Defense for Nuclear, Chemical, and Biological Defense
    Programs shall meet with each Commission referred to in paragraph (1)
    not less often than twice a year.
        ``(4) Funds appropriated for the Assembled Chemical Weapons
    Alternatives Program shall be available for travel and associated travel
    costs for Commissioners on the Commissions referred to in paragraph (1)
    when such travel is conducted at the invitation of the Special Assistant
    for Chemical and Biological Defense and Chemical Demilitarization
    Programs of the Department of Defense.''.
    SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF HYDROLYSATE
                            AT PUEBLO CHEMICAL DEPOT, COLORADO.

        (a) Findings.--Congress makes the following findings:
                (1) The Pueblo Chemical Agent Destruction Pilot Plant,
            Colorado, is not planned to begin chemical agent destruction
            operations until 2015.
                (2) There will be no hydrolysate byproduct of chemical agent
            neutralization at the Pueblo Chemical Depot, Colorado, until
            after chemical agent destruction operations begin.
                (3) The Department of Defense has no plans to produce,
            treat, store, or transport hydrolysate at the Pueblo Chemical
            Depot, Colorado, during fiscal year 2009.
                (4) A January 10, 2007, Department of Defense Acquisition
            Decision Memorandum requires the Program Manager for the
            Assembled Chemical Weapons Alternatives to continue to pursue
            off-site treatment and disposal of hydrolysate as long as doing
            so would be safe, efficient, and economically beneficial.

        (b) Cost-Benefit Analysis.--The Secretary of Defense shall perform a
    cost-benefit analysis of future on-site and off-site options for
    treatment and disposal of hydrolysate expected to be produced at the
    Pueblo Chemical Depot, Colorado.
        (c) Report.--Together with the budget justification materials
    submitted to Congress in support of the Department of Defense budget for
    fiscal year 2010 (as submitted with the budget of the President under
    section 1105(a) of title 31, United States Code), the Secretary of
    Defense shall submit to the congressional defense

    [[Page 122 STAT. 4575]]

    committees a report containing the results of the cost-benefit analysis
    required by subsection (b).
        (d) Notice and Wait.--After the submission of the report required by
    subsection (c), if the Secretary of Defense decides to transport
    hydrolysate from Pueblo Chemical Depot, Colorado, to an off-site
    location during fiscal year 2009, the Department shall not commence such
    transport until 60 days after the Secretary provides written notice to
    the congressional defense committees of the Department's intent to
    conduct such transport.

                    Subtitle D--Intelligence-Related Matters

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

        (a) Technical Changes to United States Code.--
                (1) Title 5.--Title 5, <<NOTE: 5 USC 2302 et seq.>> 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, <<NOTE: 44 USC 1336.>> 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) <<NOTE: 5 USC app. 105.>> is amended by striking
            ``National Imagery and Mapping Agency'' and inserting ``National
            Geospatial-Intelligence Agency''.
                (2) Inspector general act of 1978.--Section 8H of the
            Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.)
            is amended--
                        (A) in subsection (a)(1)(A), by striking ``National
                    Imagery and Mapping Agency'' and inserting ``National
                    Geospatial-Intelligence Agency''; and
                        (B) in subsection (g)(1), by striking ``National
                    Imagery and Mapping Agency'' and inserting ``National
                    Geospatial-Intelligence Agency''.
                (3) Employee polygraph protection act of 1988.--Section
            7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988
            (29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking ``National
            Imagery and Mapping Agency'' and inserting ``National
            Geospatial-Intelligence Agency''.
                (4) Legislative branch appropriations act, 1993.--Section
            207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993
            (Public Law 102-392; 44 U.S.C. 501 note), is amended by striking
            ``National Imagery and Mapping Agency'' and inserting ``National
            Geospatial-Intelligence Agency''.
                (5) Homeland security act of 2002.--Section 201(e)(2) of the
            Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) is amended by
            striking ``National Imagery and Mapping Agency'' and inserting
            ``National Geospatial-Intelligence Agency''.

    [[Page 122 STAT. 4576]]

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

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

        (b) Clerical Amendments.--Such title is further amended by striking
    ``Director of Central Intelligence'' each place it appears and inserting
    ``Director of National Intelligence'' in the following:
                (1) Section 441(c).
                (2) Section 443(d).

        (c) Reference to Head of Central Intelligence Agency.--Section 444
    of such title is amended by striking ``Director of Central
    Intelligence'' each place it appears and inserting ``Director of the
    Central Intelligence Agency''.
    SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE DIRECTOR
                            OF THE CIA FOR MILITARY AFFAIRS.

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

                            Subtitle E--Other Matters

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

        (a) Availability of Funds for Activities Across Fiscal Years.--
                (1) In general.--Section 184(f) of title 10, United States
            Code, is amended by adding at the end the following new
            paragraph:

        ``(6) Funds available to carry out this section, including funds
    accepted under paragraph (4) and funds available under paragraph (5),
    shall be available, to the extent provided in appropriations Acts, for
    programs and activities under this section that begin in a fiscal year
    and end in the following fiscal year.''.
                (2) Effective <<NOTE: Applicability. 10 USC 184
            note.>> date.--The amendment made by paragraph (1) shall take
            effect on October 1, 2008, and shall apply with respect to
            programs and activities under section 184 of title

    [[Page 122 STAT. 4577]]

            10, United States Code (as so amended), that begin on or after
            that date.

        (b) Temporary <<NOTE: 10 USC 184 note.>> Waiver of Reimbursement of
    Costs of Activities for Nongovernmental Personnel.--
                (1) Authority for temporary waiver.--In fiscal years 2009
            and 2010, the Secretary of Defense may, with the concurrence of
            the Secretary of State, waive reimbursement otherwise required
            under subsection (f) of section 184 of title 10, United States
            Code, of the costs of activities of Regional Centers under such
            section for personnel of nongovernmental and international
            organizations who participate in activities of the Regional
            Centers that enhance cooperation of nongovernmental
            organizations and international organizations with United States
            forces if the Secretary of Defense determines that attendance of
            such personnel without reimbursement is in the national security
            interests of the United States.
                (2) Limitation.--The amount of reimbursement that may be
            waived under paragraph (1) in any fiscal year may not exceed
            $1,000,000.
                (3) Annual report.--The Secretary of Defense shall include
            in the annual report under section 184(h) of title 10, United
            States Code, in 2010 and 2011 information on the attendance of
            personnel of nongovernmental and international organizations in
            activities of the Regional Centers during the preceding fiscal
            year for which a waiver of reimbursement was made under
            paragraph (1), including information on the costs incurred by
            the United States for the participation of personnel of each
            nongovernmental or international organization that so attended.
    SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES
                            SOUTHERN COMMAND DEVELOPMENT ASSISTANCE
                            ACTIVITIES.

        (a) Report and Certification Required.--Not later than 120 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall submit to the congressional defense committees a report describing
    the development assistance activities carried out by the United States
    Southern Command during fiscal year 2008 and planned for fiscal year
    2009 and containing a certification by the Secretary that such
    development assistance activities--
                (1) will not adversely diminish the ability of the United
            States Southern Command or its components to carry out its
            combat or military missions;
                (2) do not divert resources from funded or unfunded
            requirements of the United States Southern Command in connection
            with the role of the Department of Defense under section 124 of
            title 10, United States Code, as the single lead agency of the
            Federal Government for the detection and monitoring of aerial
            and maritime transit of illegal drugs into the United States;
                (3) are not unnecessarily duplicative of activities already
            conducted or planned to be conducted by any other Federal
            department or agency during fiscal year 2009; and
                (4) are designed, planned, and conducted to complement joint
            training and exercises, host-country capacity building, or
            similar activities directly connected to the responsibilities of
            the United States Southern Command.

    [[Page 122 STAT. 4578]]

        (b) Restriction on Obligation of Funds Pending Certification.--Of
    the amounts appropriated pursuant to an authorization of appropriations
    in this Act or otherwise made available for fiscal year 2009 for
    operation and maintenance for the United States Southern Command, not
    more than 90 percent may be obligated or expended until 30 days after
    the certification required by subsection (a) is received by the
    congressional defense committees.
        (c) Development Assistance Activities Defined.--In this section, the
    term ``development assistance activities'' means assistance activities
    carried out by the United States Southern Command that are comparable to
    the assistance activities carried out by the United States under--
                (1) chapters 1, 10, 11, and 12 of part I of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 et
            seq.); and
                (2) any other provision of law for purposes comparable to
            the purposes for which assistance activities are carried out
            under the provisions of law referred to in paragraph (1).
    SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY
                            CAPABILITIES.

        (a) Non-Conventional Assisted Recovery Capabilities.--Upon a
    determination by a commander of a combatant command that an action is
    necessary in connection with a non-conventional assisted recovery
    effort, and with the concurrence of the relevant Chief of Mission or
    Chiefs of Mission, an amount not to exceed $20,000,000 of the funds
    appropriated pursuant to an authorization of appropriations or otherwise
    made available for ``Operation and Maintenance, Navy'' may be used to
    establish, develop, and maintain non-conventional assisted recovery
    capabilities.
        (b) Procedures.--The Secretary of Defense shall establish procedures
    for the exercise of the authority under subsection (a).
    The <<NOTE: Notification.>> Secretary shall notify the congressional
    defense committees of those procedures before any exercise of that
    authority.

        (c) Authorized Activities.--Non-conventional assisted recovery
    capabilities authorized under subsection (a) may, in limited and special
    circumstances, include the provision of support to foreign forces,
    irregular forces, groups, or individuals in order to facilitate the
    recovery of Department of Defense or Coast Guard military or civilian
    personnel, or other individuals who, while conducting activities in
    support of United States military operations, become separated or
    isolated and cannot rejoin their units without the assistance authorized
    in subsection (a). Such support may include the provision of limited
    amounts of equipment, supplies, training, transportation, or other
    logistical support or funding.
        (d) Notice to Congress on Use of <<NOTE: Deadline.>> Authority.--
    Upon using the authority in subsection (a) to make funds available for
    support of non-conventional assisted recovery activities, the Secretary
    of Defense shall notify the congressional defense committees within 72
    hours of the use of such authority with respect to support of such
    activities. Any such notice shall be in writing.

        (e) Annual Report.--Not later than 30 days after the close of each
    fiscal year during which subsection (a) is in effect, the Secretary of
    Defense shall submit to the congressional defense committees a report on
    support provided under that subsection during that fiscal year. Each
    such report shall describe the support

    [[Page 122 STAT. 4579]]

    provided, including a statement of the recipient of support and the
    amount obligated to provide the support.
        (f) Limitation on Intelligence Activities.--This section does not
    constitute authority to conduct a covert action, as such term is defined
    in section 503(e) of the National Security Act of 1947 (50 U.S.C.
    413b(e)).
        (g) Limitation on Foreign Assistance Activities.--This section does
    not constitute authority--
                (1) to build the capacity of foreign military forces or
            provide security and stabilization assistance, as described in
            sections 1206 and 1207 of the National Defense Authorization Act
            for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456 and
            3458), respectively; and
                (2) to provide assistance that is otherwise prohibited by
            any other provision in law, including any provision of law
            relating to the control of exports of defense articles or
            defense services.

        (h) Period of Authority.--The authority under this section is in
    effect during each of the fiscal years 2009 through 2011.
    SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT ISSUES.

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report on certain homeland defense
    and civil support issues.
        (b) Elements.--The report required under subsection (a) shall
    include the following:
                (1) A description of the progress made by the Department of
            Defense to address the concerns related to the United States
            Northern Command identified in the Comptroller General reports
            GAO-08-251 and GAO-08-252, including improved coordination with
            other agencies.
                (2) A detailed description of the plans and progress made by
            the Department of Defense to establish forces assigned the
            mission of managing the consequences of an incident in the
            United States homeland involving a chemical, biological,
            radiological, or nuclear device, or high-yield explosives.
    SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

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

        (b) Report to Congress.--Not later than 30 days after the Secretary
    of Defense receives the report under subsection (a), the Secretary shall
    submit to Congress such report, along with any explanatory comments the
    Secretary considers necessary.

    [[Page 122 STAT. 4580]]

                           TITLE X--GENERAL PROVISIONS

                          Subtitle A--Financial Matters

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

              Subtitle B--Policy Relating to Vessels and Shipyards

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

                       Subtitle C--Counter-Drug Activities

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

              Subtitle D--Miscellaneous Authorities and Limitations

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

                         Subtitle E--Studies and Reports

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

                            Subtitle F--Other Matters

    Sec. 1051. Additional information under annual submissions of
               information regarding information technology capital assets.
    Sec. 1052. Submission to Congress of revision to regulation on enemy
               prisoners of war, retained personnel, civilian internees, and
               other detainees.

    [[Page 122 STAT. 4581]]

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

                          Subtitle A--Financial Matters

    SEC. 1001. GENERAL TRANSFER AUTHORITY.

        (a) Authority To Transfer Authorizations.--
                (1) Authority.--Upon determination by the Secretary of
            Defense that such action is necessary in the national interest,
            the Secretary may transfer amounts of authorizations made
            available to the Department of Defense in this division for
            fiscal year 2009 between any such authorizations for that fiscal
            year (or any subdivisions thereof). Amounts of authorizations so
            transferred shall be merged with and be available for the same
            purposes as the authorization to which transferred.
                (2) Limitation.--Except as provided in paragraph (3), the
            total amount of authorizations that the Secretary may transfer
            under the authority of this section may not exceed
            $4,200,000,000.
                (3) Exception for transfers between military personnel
            authorizations.--A transfer of funds between military personnel
            authorizations under title IV shall not be counted toward the
            dollar limitation in paragraph (2).

        (b) Limitations.--The authority provided by this section to transfer
    authorizations--
                (1) may only be used to provide authority for items that
            have a higher priority than the items from which authority is
            transferred; and
                (2) may not be used to provide authority for an item that
            has been denied authorization by Congress.

        (c) Effect on Authorization Amounts.--A transfer made from one
    account to another under the authority of this section shall be deemed
    to increase the amount authorized for the account to which the amount is
    transferred by an amount equal to the amount transferred.
        (d) Notice to Congress.--The Secretary shall promptly notify
    Congress of each transfer made under subsection (a).
    SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.

        (a) Reduction of Payments.--Notwithstanding any other provision of
    law, any amounts that would otherwise be payable from the fund to
    individuals for the month of August 2013 (with

    [[Page 122 STAT. 4582]]

    disbursements scheduled for September 2013) shall be reduced by 1
    percent.
        (b) Reversion.--Beginning <<NOTE: Effective date.>> 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 <<NOTE: Deadline.>> later than 60 days after the
    date of the enactment of this Act, the Secretary of Defense shall
    transfer $40,000,000 from the unobligated balances of the National
    Defense Stockpile Transaction Fund to the Miscellaneous Receipts Fund of
    the United States Treasury to offset estimated costs arising from
    section 702 and the amendments made by such section.
    SEC. 1003. MANAGEMENT OF PURCHASE CARDS.

        (a) Penalties for Violations.--Section 2784(c)(1) of title 10,
    United States Code, is amended by striking ``(1) provide for'' and
    inserting the following:
                ``(1) provide--
                        ``(A) for the reimbursement of charges for
                    unauthorized or erroneous purchases, in appropriate
                    cases; and
                        ``(B) for''.

        (b) Required Report.--Not later than 270 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and the House of
    Representatives a report detailing actions to be taken by the Department
    of Defense to implement the recommendations of the Government
    Accountability Office in its report titled ``Actions Needed to
    Strengthen Internal Controls to Reduce Fraudulent, Improper, and Abusive
    Purchases'' (GAO-08-333) to improve safeguards and internal controls on
    the use of agency purchase cards.
    SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED STATES
                              CONTRIBUTIONS TO THE NORTH ATLANTIC
                              TREATY ORGANIZATION COMMON-FUNDED
                              BUDGETS.

        (a) Codification of Authority.--
                (1) In general.--Subchapter II of chapter 134 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 2263. United States contributions to the North Atlantic
                      Treaty Organization common-funded budgets

        ``(a) In General.--The total amount contributed by the Secretary of
    Defense in any fiscal year for the common-funded budgets of NATO may be
    an amount in excess of the maximum amount that would otherwise be
    applicable to those contributions in such fiscal year under the fiscal
    year 1998 baseline limitation.
        ``(b) Reports.--(1) Not later than October 30 each year, the
    Secretary of Defense shall submit to the congressional defense
    committees a report on the contributions made by the Secretary

    [[Page 122 STAT. 4583]]

    to the common-funded budgets of NATO in the preceding fiscal year.
        ``(2) Each report under paragraph (1) shall include, for the fiscal
    year covered by such report, the following:
                ``(A) The amounts contributed by the Secretary to each of
            the separate budgets and programs of the North Atlantic Treaty
            Organization under the common-funded budgets of NATO.
                ``(B) For each budget and program to which the Secretary
            made such a contribution, the percentage of such budget or
            program during the fiscal year that such contribution
            represented.

        ``(c) Definitions.--In this section:
                ``(1) Common-funded budgets of nato.--The term `common-
            funded budgets of NATO' means the Military Budget, the Security
            Investment Program, and the Civil Budget of the North Atlantic
            Treaty Organization (and any successor or additional account or
            program of NATO).
                ``(2) Fiscal year 1998 baseline limitation.--The term
            `fiscal year 1998 baseline limitation' means the maximum annual
            amount of Department of Defense contributions for common-funded
            budgets of NATO that is set forth as the annual limitation in
            section 3(2)(C)(ii) of the resolution of the Senate giving the
            advice and consent of the Senate to the ratification of the
            Protocols to the North Atlantic Treaty of 1949 on the Accession
            of Poland, Hungary, and the Czech Republic (as defined in
            section 4(7) of that resolution), approved by the Senate on
            April 30, 1998.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter II of chapter 134 of such title is
            amended by adding at the end the following new item:

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

        (b) Effective <<NOTE: 10 USC 2263 note.>> Date.--The amendments made
    by this section shall take effect on October 1, 2008, and shall apply to
    fiscal years that begin on or after that date.
    SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.

        (a) Amounts Specified in Joint Explanatory Statement Are Authorized
    by Law.--Wherever <<NOTE: Deadline.>> a funding table in the Joint
    Explanatory Statement which is to be printed in the Congressional Record
    on or about September 23, 2008, to explain the Duncan Hunter National
    Defense Authorization Act for Fiscal Year 2009 specifies a dollar amount
    for a project, program, or activity, the obligation and expenditure of
    the specified dollar amount for the indicated project, program, or
    activity is hereby authorized by law to be carried out to the same
    extent as if included in the text of the Act, subject to the
    availability of appropriations.

        (b) Merit-Based Decisions.--Decisions by agency heads to commit,
    obligate, or expend funds with or to a specific entity on the basis of
    dollar amount authorized pursuant to subsection (a) shall be based on
    authorized, transparent, statutory criteria, or merit-based selection
    procedures in accordance with the requirements of sections 2304(k) and
    2374 of title 10, United States Code, and other applicable provisions of
    law.
        (c) Relationship to Transfer and Reprogramming Authority.--This
    section does not prevent an amount covered by

    [[Page 122 STAT. 4584]]

    this section from being transferred or reprogrammed under a transfer or
    reprogramming authority provided by another provision of this Act or by
    other law. The transfer or reprogramming of an amount incorporated into
    the Act by this section shall not count against a ceiling on such
    transfers or reprogrammings under section 1001 of this Act or any other
    provision of law, unless such transfer or reprogramming would move funds
    between appropriation accounts.
        (d) Applicability to Classified Annex.--This section applies to any
    classified annex to the Joint Explanatory Statement referred to in
    subsection (a).
        (e) Oral and Written Communication.--No oral or written
    communication concerning any amount specified in the Joint Explanatory
    Statement referred to in subsection (a) shall supersede the requirements
    of this section.

              Subtitle B--Policy Relating to Vessels and Shipyards

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

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

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.
    SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIPYARDS.

        Section 7310 of title 10, United States Code, is amended by adding
    at the end the following new subsection:
        ``(c) Report.--(1) The Secretary of the Navy shall submit to
    Congress each year, at the time that the President's budget is submitted
    to Congress that year under section 1105(a) of title 31, a report
    listing all repairs and maintenance performed on any covered naval
    vessel that has undergone work for the repair of the vessel in any
    shipyard outside the United States or Guam (in this section referred to
    as a `foreign shipyard') during the fiscal year preceding the fiscal
    year in which the report is submitted.
        ``(2) The report shall include the percentage of the annual ship
    repair budget of the Navy that was spent on repair of covered

    [[Page 122 STAT. 4585]]

    naval vessels in foreign shipyards during the fiscal year covered by the
    report.
        ``(3) The report also shall include the following with respect to
    each covered naval vessel:
                ``(A) The justification under law for the repair in a
            foreign shipyard.
                ``(B) The name and class of vessel repaired.
                ``(C) The category of repair and whether the repair
            qualified as voyage repair as defined in Commander Military
            Sealift Command Instruction 4700.15C (September 13, 2007) or
            Joint Fleet Maintenance Manual (Commander Fleet Forces Command
            Instruction 4790.3 Revision A, Change 7), Volume III. Scheduled
            availabilities are to be considered as a composite and reported
            as a single entity without individual repair and maintenance
            items listed separately.
                ``(D) The shipyard where the repair work was carried out.
                ``(E) The number of days the vessel was in port for repair.
                ``(F) The cost of the repair and the amount (if any) that
            the cost of the repair was less than or greater than the cost of
            the repair provided for in the contract.
                ``(G) The schedule for repair, the amount of work
            accomplished (stated in terms of work days), whether the repair
            was accomplished on schedule, and, if not so accomplished, the
            reason for the schedule over-run.
                ``(H) The homeport or location of the vessel prior to its
            voyage for repair.
                ``(I) Whether the repair was performed under a contract
            awarded through the use of competitive procedures or procedures
            other than competitive procedures.

        ``(4) In this subsection, the term `covered naval vessel' means any
    of the following:
                ``(A) A naval vessel.
                ``(B) Any other vessel under the jurisdiction of the
            Secretary of the Navy.''.
    SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS STRICKEN
                              FROM THE NAVAL VESSEL REGISTER.

        Not later than 180 days after the date of the enactment of this Act,
    the Secretary of the Navy, in consultation with the Administrator of the
    Maritime Administration, shall submit to the congressional defense
    committees a report containing--
                (1) a plan for the sale and disposal of each vessel over
            50,000 tons light ship displacement stricken from the Naval
            Vessel Register but not yet disposed of by the Navy or the
            Maritime Administration; and
                (2) the estimated contribution to the domestic market for
            steel and other metals that might be made from the scrapping of
            such vessels.
    SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS
                              OPERATIONS.

        (a) Authority for Payment.--Of the amounts appropriated for
    operation and maintenance for the Navy, not more that $1,000,000 may be
    used to pay the charge established under section 1011 of title 37,
    United States Code, for meals sold by messes for United States Navy and
    Naval Auxiliary vessels to the following:
                (1) Members of nongovernmental organizations and officers or
            employees of host and foreign nations when participating

    [[Page 122 STAT. 4586]]

            in or providing support to United States civil-military
            operations.
                (2) Foreign national patients treated on Naval vessels
            during the conduct of United States civil-military operations,
            and their escorts.

        (b) Expiration of Authority.--The authority to pay for meals under
    subsection (a) shall expire on September 30, 2010.
        (c) Report.--Not later than March 31 of each year during which the
    authority to pay for meals under subsection (a) is in effect, the
    Secretary of Defense shall submit to Congress a report on the use of
    such authority.
    SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE
                              STRIKE FORCES OF THE UNITED STATES NAVY.

        Section <<NOTE: Ante, p. 303.>> 1012(c)(1) of the National Defense
    Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended
    by adding at the end the following:
                        ``(D) Amphibious assault ships, including dock
                    landing ships (LSD), amphibious transport-dock ships
                    (LPD), helicopter assault ships (LHA/LHD), and
                    amphibious command ships (LCC), if such vessels exceed
                    15,000 dead weight ton light ship displacement.''.

                       Subtitle C--Counter-Drug Activities

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

        Section 1022(a) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (as enacted into law by Public
    Law 106-398; 114 Stat. 1654A-255), as most recently amended by section
    1024 of the John Warner National Defense Authorization Act for Fiscal
    Year 2007 (Public Law 109-364; 120 Stat. 2383), is further amended by
    striking ``and February 15, 2008'' and inserting ``February 15, 2008,
    and February 15, 2009''.
    SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
                              SUPPORT TO LAW ENFORCEMENT AGENCIES
                              CONDUCTING COUNTER-TERRORISM ACTIVITIES.

        Section 1022(b) of the National Defense Authorization Act for Fiscal
    Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as amended by
    section 1021 of the National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 304), is amended by striking
    ``2008'' and inserting ``2009''.
    SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG
                              AND COUNTERTERRORISM CAMPAIGN IN
                              COLOMBIA AND CONTINUATION OF NUMERICAL
                              LIMITATION ON ASSIGNMENT OF UNITED
                              STATES PERSONNEL.

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

    [[Page 122 STAT. 4587]]

                (2) in subsection (c), by striking ``2008'' and inserting
            ``2009''.
    SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE
                              ADDITIONAL SUPPORT FOR COUNTER-DRUG
                              ACTIVITIES OF CERTAIN FOREIGN
                              GOVERNMENTS.

        (a) Extension of Authority.--Subsection (a)(2) of section 1033 of
    the National Defense Authorization Act for Fiscal Year 1998 (Public Law
    105-85; 111 Stat. 1881), as amended by section 1021 of the National
    Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117
    Stat. 1593), section 1022 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2137), and section 1022 of the National Defense Authorization Act for
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is further amended
    by striking ``2008'' and inserting ``2009''.
        (b) Additional Governments Eligible to Receive Support.--Subsection
    (b) of such section is amended by adding at the end the following new
    paragraphs:
                ``(19) The Government of Guinea-Bissau.
                ``(20) The Government of Senegal.
                ``(21) The Government of El Salvador.
                ``(22) The Government of Honduras.''.

        (c) Maximum Annual Amount of Support.--Subsection (e)(2) of such
    section is amended--
                (1) by striking ``or'' after ``2006,''; and
                (2) by striking the period at the end and inserting ``, or
            $75,000,000 during fiscal year 2009.''.

        (d) Condition on Provision of Support.--Subsection (f) of such
    section is amended--
                (1) in paragraph (2), by inserting after ``In the case of''
            the following: ``funds appropriated for fiscal year 2009 to
            carry out this section and''; and
                (2) in paragraph (4)(B), by striking ``Committee on
            International Relations'' and inserting ``Committee on Foreign
            Affairs''.

        (e) Counter-Drug Plan.--Subsection (h) of such section is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``fiscal year 2004'' and inserting ``fiscal year 2009''; and
                (2) in subparagraph (7), by striking ``For the first fiscal
            year'' and inserting ``For fiscal year 2009, and thereafter, for
            the first fiscal year''.
    SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR
                              COUNTER-NARCOTICS EFFORTS FOR UNITED
                              STATES AFRICA COMMAND.

        (a) Report Required.--Not later than June 30, 2009, the Secretary of
    Defense shall submit to the congressional defense committees a
    comprehensive strategy of the Department of the Defense with regard to
    counter-narcotics efforts in Africa, with an emphasis on West Africa and
    the Maghreb. The Secretary of Defense shall prepare the strategy in
    consultation with the Secretary of State.
        (b) Matters to Be Included.--The comprehensive strategy shall
    consist of a general overview and a separate detailed section for each
    of the following:
                (1) A description of the overall United States counter-
            narcotics policy for Africa.

    [[Page 122 STAT. 4588]]

                (2) The roles and missions of the Department of Defense in
            support of the overall United States counter-narcotics policy
            for Africa.
                (3) The priorities for the Department of Defense to meet
            programmatic objectives one-year, three-years, and five-years
            after the end of fiscal year 2009, including a description of
            the expected allocation of resources of the Department of
            Defense to accomplish these priorities.
                (4) The efforts of the Secretary of Defense to coordinate
            the Department of Defense counter-narcotics activities in Africa
            with Department of Defense building capacity programs, including
            programs carried out under the authority of the Secretary under
            section 1206 of the National Defense Authorization Act for
            Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456).
                (5) The efforts to coordinate the counter-narcotics
            activities of the Department of Defense with the counter-
            narcotics activities of the governments eligible to receive
            support under section 1033 of the National Defense Authorization
            Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881) and
            the counter-narcotics activities in Africa of European countries
            and other international and regional partners.

        (c) Plans.--The comprehensive strategy shall also include the
    following plans:
                (1) A detailed and comprehensive plan to utilize the
            capabilities and assets of the combatant commands that
            geographically surround the United States Africa Command for the
            counter-narcotics efforts and activities of the United States
            Africa Command on a temporary basis until the United States
            Africa Command develops its own commensurate capabilities and
            assets, including in the plan a description of what measures
            will be taken to effectuate the transition of the missions.
                (2) A detailed and comprehensive plan to enhance cooperation
            with certain African countries, which are often geographically
            contiguous to other African countries that have a significant
            narcotics-trafficking challenges, to increase the effectiveness
            of the counter-narcotics activities of the Department of Defense
            and its international and regional partners.
    SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR
                              COUNTER-NARCOTICS EFFORTS IN SOUTH AND
                              CENTRAL ASIAN REGIONS.

        (a) Report Required.--Not later than June 30, 2009, the Secretary of
    Defense shall submit to the congressional defense committees a
    comprehensive strategy of the Department of the Defense with regard to
    counter-narcotics efforts in the South and Central Asian regions,
    including the countries of Afghanistan, Turkmenistan, Tajikistan,
    Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as the countries of
    Armenia, Azerbaijan, and China.
        (b) Matters to Be Included.--The comprehensive strategy shall
    consist of a general overview and a separate detailed section for each
    of the following:
                (1) The roles and missions of the Department of Defense in
            support of the overall United States counter-narcotics policy
            for countries of the South and Central Asian regions and the
            other countries specified in subsection (a).
                (2) The priorities for the Department of Defense to meet
            programmatic objectives for fiscal year 2010, including a

    [[Page 122 STAT. 4589]]

            description of the expected allocation of resources of the
            Department of Defense to accomplish these priorities.
                (3) The ongoing and planned counter-narcotics activities
            funded by the Department of Defense for such regions and
            countries.
                (4) The efforts to coordinate the counter-narcotics
            activities of the Department of Defense with the counter-
            narcotics activities of such regions and countries and the
            counter-narcotics activities of other international partners in
            such regions and countries.
                (5) The specific metrics used by the Department of Defense
            to evaluate progress of activities to reduce the production and
            trafficking of illicit narcotics in such regions and countries.

              Subtitle D--Miscellaneous Authorities and Limitations

    SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES
                              GOVERNMENT TO CONDUCT COMPLEX
                              OPERATIONS.

        (a) In General.--Chapter 20 of title 10, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 409. Center for Complex Operations

        ``(a) Center Authorized.--The Secretary of Defense may establish a
    center to be known as the `Center for Complex Operations' (in this
    section referred to as the `Center').
        ``(b) Purposes.--The purposes of the Center established under
    subsection (a) shall be the following:
                ``(1) To provide for effective coordination in the
            preparation of Department of Defense personnel and other United
            States Government personnel for complex operations.
                ``(2) To foster unity of effort during complex operations
            among--
                        ``(A) the departments and agencies of the United
                    States Government;
                        ``(B) foreign governments and militaries;
                        ``(C) international organizations and international
                    nongovernmental organizations; and
                        ``(D) domestic nongovernmental organizations.
                ``(3) To conduct research; collect, analyze, and distribute
            lessons learned; and compile best practices in matters relating
            to complex operations.
                ``(4) To identify gaps in the education and training of
            Department of Defense personnel, and other relevant United
            States Government personnel, relating to complex operations, and
            to facilitate efforts to fill such gaps.

        ``(c) Concurrence of the Secretary of State.--The Secretary of
    Defense shall seek the concurrence of the Secretary of State to the
    extent the efforts and activities of the Center involve the entities
    referred to in subparagraphs (B) and (C) of subsection (b)(2).
        ``(d) Support From Other United States Government Departments or
    Agencies.--The head of any non-Department of Defense department or
    agency of the United States Government may--

    [[Page 122 STAT. 4590]]

                ``(1) provide to the Secretary of Defense services,
            including personnel support, to support the operations of the
            Center; and
                ``(2) transfer funds to the Secretary of Defense to support
            the operations of the Center.

        ``(e) Acceptance of Gifts and Donations.--(1) Subject to paragraph
    (3), the Secretary of Defense may accept from any source specified in
    paragraph (2) any gift or donation for purposes of defraying the costs
    or enhancing the operations of the Center.
        ``(2) The sources specified in this paragraph are the following:
                ``(A) The government of a State or a political subdivision
            of a State.
                ``(B) The government of a foreign country.
                ``(C) A foundation or other charitable organization,
            including a foundation or charitable organization that is
            organized or operates under the laws of a foreign country.
                ``(D) Any source in the private sector of the United States
            or a foreign country.

        ``(3) The Secretary may not accept a gift or donation under this
    subsection if acceptance of the gift or donation would compromise or
    appear to compromise--
                ``(A) the ability of the Department of Defense, any employee
            of the Department, or any member of the armed forces to carry
            out the responsibility or duty of the Department in a fair and
            objective manner; or
                ``(B) the integrity of any program of the Department or of
            any person involved in such a program.

        ``(4) The Secretary shall provide written guidance setting forth the
    criteria to be used in determining the applicability of paragraph (3) to
    any proposed gift or donation under this subsection.
        ``(f) Crediting of Funds Transferred or Accepted.--Funds transferred
    to or accepted by the Secretary of Defense under this section shall be
    credited to appropriations available to the Department of Defense for
    the Center, and shall be available for the same purposes, and subject to
    the same conditions and limitations, as the appropriations with which
    merged. Any funds so transferred or accepted shall remain available
    until expended.
        ``(g) Definitions.--In this section:
                ``(1) The term `complex operation' means an operation as
            follows:
                        ``(A) A stability operation.
                        ``(B) A security operation.
                        ``(C) A transition and reconstruction operation.
                        ``(D) A counterinsurgency operation.
                        ``(E) An operation consisting of irregular warfare.
                ``(2) The term `gift or donation' means any gift or donation
            of funds, materials (including research materials), real or
            personal property, or services (including lecture services and
            faculty services).''.

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

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

    [[Page 122 STAT. 4591]]

    SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO
                              PROPERTY FUNDED FROM A DEPARTMENT OF
                              DEFENSE WORKING CAPITAL FUND.

        Section 7623(b) of title 10, United States Code, is amended--
                (1) by inserting ``(1)'' after ``(b)'';
                (2) in paragraph (1), as so designated, by striking the last
            sentence; and
                (3) by adding at the end the following new paragraph:

        ``(2)(A) Except as provided in subparagraph (B), amounts received
    under this section shall be covered into the Treasury as miscellaneous
    receipts.
        ``(B) Amounts received under this section for damage or loss to
    property operated and maintained with funds from a Department of Defense
    working capital fund or account shall be credited to that fund or
    account.''.
    SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR
                              TRANSPORTATION SERVICES FROM CARRIERS
                              PARTICIPATING IN THE CIVIL RESERVE AIR
                              FLEET.

        (a) In General.--Chapter 931 of title 10, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 9515. Charter air transportation services: minimum annual
                      purchase amount for carriers participating in
                      Civil Reserve Air Fleet

        ``(a) In General.--The Secretary of Defense shall take steps to--
                ``(1) improve the predictability in Department of Defense
            charter requirements;
                ``(2) strengthen Civil Reserve Airlift Fleet participation
            to assure adequate capacity is available to meet steady-state,
            surge and mobilization requirements; and
                ``(3) provide incentives for commercial air passenger
            carriers to provide newer, more efficient and reliable aircraft
            for Department of Defense service rather than older, fully
            depreciated aircraft.

        ``(b) Consideration of Recommendations.--In carrying out subsection
    (a), the Secretary of Defense shall consider the recommendations on
    courses of action for the Civil Reserve Air Fleet as outlined in the
    report required by Section 356 of the National Defense Authorization Act
    for 2008 (Public Law 110-181).
        ``(c) Contracts for Charter Air Transportation Services.--The
    Secretary of Defense may award to an air carrier or an air carrier
    contractor team arrangement participating in the Civil Reserve Air Fleet
    on a fiscal year basis a one-year contract for charter air
    transportation services with a minimum purchase amount under such
    contract determined in accordance with this section.
        ``(d) Eligible Charter Air Transportation Carriers.--In order to be
    eligible for payments under the minimum purchase amount provided by this
    section, an air carrier (or any air carrier participating in an air
    carrier contractor team arrangement)--
                ``(1) if under contract with the Department of Defense in
            the prior fiscal year, shall have an average on-time pick up
            rate, based on factors within such air carrier's control, of at
            least 90 percent;

    [[Page 122 STAT. 4592]]

                ``(2) shall offer such amount of commitment to the Civil
            Reserve Air Fleet in excess of the minimum required for
            participation in the Civil Reserve Air Fleet as the Secretary of
            Defense shall specify for purposes of this section; and
                ``(3) may not have refused a Department of Defense request
            to act as a host for other Civil Reserve Air Fleet carriers at
            intermediate staging bases during the prior fiscal year.

        ``(e) Aggregate Minimum Purchase Amount.--(1) The aggregate amount
    of the minimum purchase amount for all contracts awarded under
    subsection (c) for a fiscal year shall be based on forecast needs, but
    may not exceed the amount equal to 80 percent of the average annual
    expenditure of the Department of Defense for charter air transportation
    services during the five-fiscal year period ending in the fiscal year
    before the fiscal year for which such contracts are awarded.
        ``(2) In calculating the average annual expenditure of the
    Department of Defense for charter air transportation services for
    purposes of paragraph (1), the Secretary of Defense shall omit from the
    calculation any fiscal year exhibiting unusually high demand for charter
    air transportation services if the Secretary determines that the
    omission of such fiscal year from the calculation will result in a more
    accurate forecast of anticipated charter air transportation services for
    purposes of that paragraph.
        ``(f) Allocation of Minimum Purchase Among Charter Air
    Transportation Contracts.--(1) The aggregate amount of the minimum
    purchase amount for all contracts awarded under subsection (c) for a
    fiscal year, as determined under subsection (e), shall be allocated
    among all air carriers and air carrier contractor team arrangements
    awarded contracts under subsection (c) for such fiscal year in
    proportion to the commitments of such carriers to the Civil Reserve Air
    Fleet for such fiscal year.
        ``(2) In determining the minimum purchase amount payable under
    paragraph (1) under a contract under subsection (c) for charter air
    transportation services provided by an air carrier or air carrier
    contractor team arrangement during the fiscal year covered by such
    contract, the Secretary of Defense may adjust the amount allocated to
    such carrier or arrangement under paragraph (2) to take into account
    periods during such fiscal year when charter air transportation services
    of such carrier or a carrier in such arrangement are unavailable for
    usage by the Department of Defense, including during periods of refused
    business or suspended operations or when such carrier is placed in
    nonuse status pursuant to section 2640 of this title for safety reasons.
        ``(g) Distribution of Amounts.--If any amount available under this
    section for the minimum purchase of charter air transportation services
    from a carrier or air carrier contractor team arrangement for a fiscal
    year under a contract under subsection (c) is not utilized to purchase
    charter air transportation services from the carrier or arrangement in
    such fiscal year, such amount shall be provided to the carrier or
    arrangement before the first day of the following fiscal year.
        ``(h) Commitment of Funds.--(1) The Secretary of each military
    department shall transfer to the transportation working capital fund a
    percentage of the total amount anticipated to be required in such fiscal
    year for the payment of minimum purchase amounts under all contracts
    awarded under subsection (c) for such fiscal year equivalent to the
    percentage of the anticipated use of charter

    [[Page 122 STAT. 4593]]

    air transportation services by such military department during such
    fiscal year from all carriers under contracts awarded under subsection
    (c) for such fiscal year.
        ``(2) Any amounts required to be transferred under paragraph (1)
    shall be transferred by the last day of the fiscal year concerned to
    meet the requirements of subsection (g) unless minimum purchase amounts
    have already been distributed by the Secretary of Defense under
    subsection (g) as of that date.
        ``(i) Availability of Airlift Services.--(1) From the total amount
    of charter air transportation services available for a fiscal year under
    all contracts awarded under subsection (c) for such fiscal year, a
    military department shall be entitled to obtain a percentage of such
    services equal to the percentage of the contribution of the military
    department to the transportation working capital fund for such fiscal
    year under subsection (h).
        ``(2) A military department may transfer any entitlement to charter
    air transportation services under paragraph (1) to any other military
    department or to any other agency, element, or component of the
    Department of Defense.
        ``(j) Definition.--In this section, the term `charter air
    transportation' has the meaning given such term in section 40102(14) of
    title 49, United States Code, except that it only means such
    transportation for which the Secretary of Defense has entered into a
    contract for the purpose of passenger travel.
        ``(k) Sunset.--The authorities in this section shall expire on
    December 31, 2015.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 941 of such title is amended by adding at the end the following
    new item:

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

        (c) Report <<NOTE: 10 USC 9515 note.>> to Congress; Limitation on
    Exercise of Authority.--
                (1) Report.--The Secretary of Defense shall submit to the
            congressional defense committees a written report on the actions
            taken under subsections (a) and (b) of section 9515 of title 10,
            United States Code, as added by subsection (a), along with the
            anticipated risks and benefits of such actions.
                (2) Limitation.--No authority under subsections (c) through
            (I) of such section may be implemented until 30 days after the
            date on which the Secretary submits the report required under
            paragraph (1).
    SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERATION
                              ENTERPRISE NETWORKS PROGRAM.

        (a) Semi-Annual Reports Required.--The Secretary of Defense shall
    submit to the congressional defense committees semi-annual reports on
    the status of the development, testing, and deployment of the Navy Next
    Generation Enterprise Networks program and the transition of the
    capabilities provided by the Navy Marine Corps Intranet program to the
    Next Generation Enterprise Networks program. Each such report shall
    cover such status during the two fiscal quarters preceding the fiscal
    quarter in which the report is submitted.
        (b) Coordination.--The Secretary of Defense shall develop each of
    the semi-annual reports required under subsection (a) in coordination
    with the Secretary of the Navy, the Under Secretary

    [[Page 122 STAT. 4594]]

    of Defense for Acquisition, Technology, and Logistics, the Assistant
    Secretary of Defense for Networks and Information Integration, and the
    Director of Operational Test and Evaluation.
        (c) Contents of Reports.--Each of the reports required under
    subsection (a) shall address the following matters for the period
    covered by the report:
                (1) For each Next Generation Enterprise Networks contract
            entered into by the Secretary of Defense--
                        (A) the metrics used for quantitatively measuring
                    the performance of the entity with which the Secretary
                    has entered into the contract and, based on such
                    metrics, an assessment of the performance of such entity
                    during such period;
                        (B) the qualitative measures used to assess the
                    performance of such entity and, based on such
                    qualitative measures, an assessment of the performance
                    of such entity during such period;
                        (C) the mechanisms for providing incentives to
                    improve the performance of such entity, the processes
                    for determining incentive payments, and the use of
                    incentive payments made during such period; and
                        (D) the mechanisms for penalizing such entity for
                    poor performance, the processes for determining
                    penalties, and the use of such penalties during such
                    period.
                (2) Any progress made during such period to transition
            information technology services from the Navy Marine Corps
            Intranet program to the Next Generation Enterprise Networks
            program, including the transfer of intellectual property and
            infrastructure, and a description of contracting mechanisms used
            to facilitate such transition and the provision of services
            related to such transition.
                (3) An assessment of any issues arising during such period
            that relate to the valuation and ownership of intellectual
            property and infrastructure in the Navy Marine Corps Intranet
            program.
                (4) Any activities carried out by the Next Generation
            Enterprise Networks Governance Board to resolve issues related
            to the Next Generation Enterprise Network program.
                (5) An assessment of the operational effectiveness and
            suitability of the Next Generation Enterprise Networks program
            during such period based on testing activities and other
            assessments.
                (6) A description of the information security and
            information assurance posture and performance of the Next
            Generation Enterprise Networks program during such period.
                (7) The schedule, status, and goals of the early transition
            activities between the Navy Marine Corps Intranet program and
            the Next Generation Enterprise Networks program carried out
            during such period.
                (8) A description of the role of the Next Generation
            Enterprise Networks program with the Navy's network environment.
                (9) An updated acquisition milestone schedule, including any
            changes from previous planned schedules, the status of achieving
            milestones, and mitigation strategies for maintaining program
            schedule performance.

        (d) Deadline for Submittal of Reports.--The Secretary of Defense
    shall submit the semi-annual reports required under this

    [[Page 122 STAT. 4595]]

    section by not later than April 1 and October 1 of each year, and shall
    submit the first report required under this section by not later than
    April 1, 2009.
        (e) Termination.--The requirement to submit semi-annual reports
    under this section shall terminate on the date that is one year after
    the date on which the Secretary of Defense completes the full transition
    of the provision of services from the Navy Marine Corps Intranet program
    and other transition programs to the Next Generation Enterprise Networks
    program.
    SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.

        (a) Findings.--Congress makes the following findings:
                (1) The unauthorized transfer of nuclear weapons from Minot
            Air Force Base, North Dakota, to Barksdale Air Force Base,
            Louisiana, in August 2007 was an extraordinary breach of the
            command and control and security of nuclear weapons.
                (2) The reviews conducted following that unauthorized
            transfer found that the ability of the Department of Defense to
            provide oversight of nuclear weapons matters had degenerated and
            that senior level attention to nuclear weapons management is
            minimal at best.
                (3) The lack of attention to nuclear weapons and related
            equipment by the Department of Defense was demonstrated again
            when it was discovered in March 2008 that classified equipment
            from Minuteman III intercontinental ballistic missiles was
            inadvertently shipped to Taiwan in 2006.
                (4) The Department of Defense has insufficient capability
            and staffing in the Office of the Under Secretary of Defense for
            Policy to provide the necessary oversight of the nuclear weapons
            functions of the Department.
                (5) The key senior position responsible for nuclear weapons
            matters in the Department of Defense, the Assistant to the
            Secretary of Defense for Nuclear and Chemical and Biological
            Defense Programs, a position filled by appointment by and with
            the advice and consent of the Senate, was vacant for more than
            18 months before being filled in July 2008.
                (6) The inability to provide consistent senior level
            emphasis on nuclear weapons policy has contributed to an erosion
            in the level of attention paid to nuclear weapons matters across
            the Department of Defense.

        (b) Sense of Congress.--It is the sense of Congress that--
                (1) the United States should maintain clear and unambiguous
            command and control of its nuclear weapons;
                (2) the safety and security of nuclear weapons and related
            equipment should be a high priority as long as the United States
            maintains a stockpile of nuclear weapons;
                (3) these objectives will be more successfully attained if
            greater attention is paid to nuclear weapons matters within the
            Office of the Secretary of Defense, the Office of the Under
            Secretary of Defense for Policy, and the Office of the Under
            Secretary of Defense for Acquisition, Technology, and Logistics;
                (4) the Secretary of Defense should consider establishing
            and filling a senior position, at the level of Assistant
            Secretary of Defense or Deputy Under Secretary of Defense,
            within the Office of the Under Secretary of Defense for Policy
            to hold

    [[Page 122 STAT. 4596]]

            primary responsibility for the strategic and nuclear weapons
            policy of the Department of Defense; and
                (5) the Secretary of Defense should clarify the lines of
            responsibility and accountability for nuclear weapons matters
            within the Office of the Secretary of Defense to place greater
            emphasis on strategic and nuclear weapons policy and management.
    SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-
                              FEDERAL AVIATION ADMINISTRATION
                              EXECUTIVE COMMITTEE ON CONFLICT AND
                              DISPUTE RESOLUTION.

        (a) Findings.--Congress makes the following findings:
                (1) Unmanned aerial systems (UAS) of the Department of
            Defense, like the Predator and the Global Hawk, have become a
            critical component of military operations. Unmanned aerial
            systems are indispensable in the conflict against terrorism and
            the campaigns in Afghanistan and Iraq.
                (2) Unmanned aerial systems of the Department of Defense
            must operate in the National Airspace System (NAS) for training,
            operational support to the combatant commands, and support to
            domestic authorities in emergencies and national disasters.
                (3) The Department of Defense has been lax in developing
            certifications of airworthiness for unmanned aerial systems,
            qualifications for operators of unmanned aerial systems,
            databases on safety matters relating to unmanned aerial systems,
            and standards, technology, and procedures that are necessary for
            routine access of unmanned aerial systems to the National
            Airspace System.
                (4) As recognized in a Memorandum of Agreement for Operation
            of Unmanned Aircraft Systems in the National Airspace System
            signed by the Deputy Secretary of Defense and the Administrator
            of the Federal Aviation Administration in September 2007, it is
            vital for the Department of Defense and the Federal Aviation
            Administration to collaborate closely to achieve progress in
            gaining access for unmanned aerial systems to the National
            Airspace System to support military requirements.
                (5) The Department of Defense and the Federal Aviation
            Administration have jointly and separately taken significant
            actions to improve the access of unmanned aerial systems of the
            Department of Defense to the National Airspace System, but
            overall, the pace of progress in access of such systems to the
            National Airspace System has been insufficient and poses a
            threat to national security.
                (6) Techniques and procedures can be rapidly acquired or
            developed to temporarily permit safe operations of unmanned
            aerial systems in the National Airspace System until permanent
            safe operations of such systems in the National Airspace System
            can be achieved.
                (7) Identifying, developing, approving, implementing, and
            monitoring the adequacy of these techniques and procedures may
            require the establishment of a joint Department of Defense-
            Federal Aviation Administration executive committee reporting to
            the highest levels of the Department of Defense and the Federal
            Aviation Administration on matters relating

    [[Page 122 STAT. 4597]]

            to the access of unmanned aerial systems of the Department of
            Defense to the National Airspace System.
                (8) Joint management attention at the highest levels of the
            Department of Defense and the Federal Aviation Administration
            may also be required on other important issues, such as type
            ratings for aerial refueling aircraft.

        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary of Defense should seek an agreement with the Administrator of
    the Federal Aviation Administration to jointly establish within the
    Department of Defense and the Federal Aviation Administration a joint
    Department of Defense-Federal Aviation Administration executive
    committee on conflict and dispute resolution which would--
                (1) act as a focal point for the resolution of disputes on
            matters of policy and procedures between the Department of
            Defense and the Federal Aviation Administration with respect
            to--
                        (A) airspace, aircraft certifications, and aircrew
                    training; and
                        (B) other issues brought before the joint executive
                    committee by the Department of Defense or the Department
                    of Transportation;
                (2) identify solutions to the range of technical,
            procedural, and policy concerns arising in the disputes
            described in paragraph (1); and
                (3) identify solutions to the range of technical,
            procedural, and policy concerns arising in the integration of
            Department of Defense unmanned aerial systems into the National
            Airspace System in order to achieve the increasing, and
            ultimately routine, access of such systems into the National
            Airspace System.
    SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO,
                              STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN
                              USE.

        (a) Findings.--Congress makes the following findings:
                (1) The 2006 Quadrennial Defense Review and the 2005
            Mobility Capability Study determined that the United States
            Transportation Command requires a force of 292 to 383 organic
            strategic airlift aircraft, augmented by procurement of airlift
            service from commercial air carriers participating in the Civil
            Reserve Air Fleet, to meet the demands of the National Military
            Strategy. Congress has authorized and appropriated funds for 316
            strategic airlift aircraft.
                (2) The commander of the United States Transportation
            Command has testified to Congress that it is essential to
            safeguard the capabilities and capacity of the Civil Reserve Air
            Fleet to meet wartime surge demands in connection with major
            combat operations and that procurement by the Air Force of
            excess organic strategic airlift aircraft could be harmful to
            the health of the Civil Reserve Air Fleet.
                (3) The C-17 aircraft is used extensively by the Air
            Mobility Command in the Global War on Terror. Production of the
            C-17 aircraft is scheduled to cease in August, 2010.
                (4) The Federal Aviation Administration has informed
            Congress that no fewer than six commercial operators have
            expressed interest in operating a commercial variant of the C-17
            aircraft. Commercial sale of the new C-17 aircraft would require
            that the Department of Defense determine that it is

    [[Page 122 STAT. 4598]]

            in the national interest for the Federal Aviation Administration
            to proceed with the issuance of a type certificate for C-17
            aircraft in accordance with section 21.27 of title 14, Code of
            Federal Regulations.
                (5) New C-17 aircraft sold for commercial use could be made
            available to the Civil Reserve Air Fleet, thus strengthening the
            capabilities and capacity of the Civil Reserve Air Fleet.

        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary of Defense, in consultation with the Secretary of
    Transportation, should--
                (1) review the benefits and feasibility of pursuing a new
            production commercial cargo capability with new C-17 commercial
            variant aircraft and determine whether such capability is in the
            national interest; and
                (2) if the Secretary of Defense determines that such a
            capability is in the national interest, take appropriate actions
            to coordinate with the Federal Aviation Administration to
            achieve the type certification for a commercial variant of the
            C-17 required by section 21.27 of title 14, Code of Federal
            Regulations.

                         Subtitle E--Studies and Reports

    SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

        (a) Report Required.--The Secretary of Defense, acting through the
    Director of Corrosion Policy and Oversight, shall prepare and submit to
    the Committees on Armed Services of the Senate and the House of
    Representatives a report on corrosion control and prevention in weapons
    systems and equipment.
        (b) Matters Covered.--The report shall include the comments and
    recommendations of the Department of Defense regarding potential
    improvements in corrosion control and prevention through earlier
    planning. In particular, the report shall include an evaluation and
    business case analysis of options for improving corrosion control and
    prevention in the requirements and acquisition processes of the
    Department of Defense for weapons systems and equipment. The evaluation
    shall include an analysis of the impact of such potential improvements
    on system acquisition costs and life cycle sustainment. The options for
    improved corrosion control and prevention shall include corrosion
    control and prevention--
                (1) as a key performance parameter for assessing the
            selection of materials and processes;
                (2) as a key performance parameter for sustainment;
                (3) as part of the capability development document in the
            joint capabilities integration and development system; and
                (4) as a requirement for weapons systems managers to assess
            their corrosion control and prevention requirements over a
            system's life cycle and incorporate the results into their
            acquisition strategies prior to issuing a solicitation for
            contracts.

        (c) Deadline.--The report shall be submitted not later than 120 days
    after the date of the enactment of this Act.
        (d) Review by Comptroller General.--The Comptroller General shall
    review the report required under subsection (a), including the
    methodology used in the Department's analysis, and shall provide the
    results of the review to the Committees on Armed Services

    [[Page 122 STAT. 4599]]

    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;

    [[Page 122 STAT. 4600]]

                (4) identify the key technical factors (causes of mishaps
            that are not related to human factors) negatively impacting the
            rotorcraft mishap rates and survivability trends, to include
            reliability, availability, maintainability, and other logistical
            considerations; and
                (5) identify what TACAIR is and has done differently to have
            such a decrease in losses per sortie when compared to
            rotorcraft, to include--
                        (A) examination of aircraft, aircraft maintenance,
                    logistics, operations, and pilot and operator training;
                        (B) an emphasis on the development of common service
                    requirements that TACAIR has implemented already which
                    are minimizing losses within TACAIR; and
                        (C) candidate solutions, in a prioritized list, to
                    mitigate each causal factor with recommended funding
                    adequate to achieve the goal of rotorcraft loss rates
                    stated above.

        (b) Report.--Not later than August 1, 2009, the Secretary and the
    Chairman shall submit to the congressional defense committees a report
    on the results of the study.
    SEC. 1044. REPORT ON NUCLEAR WEAPONS.

        (a) Findings.--Congress finds that--
                (1) numerous nuclear weapons are held in the arsenals of
            various countries around the world;
                (2) some of these weapons make attractive targets for theft
            and for use by terrorist organizations;
                (3) the United States should identify, track, and monitor
            these weapons as a matter of national security;
                (4) the United States should assess the security risks
            associated with existing stockpiles of nuclear weapons and
            should assess the risks of nuclear weapons being developed,
            acquired, or utilized by other countries, particularly rogue
            states, and by terrorists and other non-state actors; and
                (5) the United States should work cooperatively with other
            countries to improve the security of nuclear weapons and to
            promote multilateral reductions in the numbers of nuclear
            weapons.

        (b) Review.--The <<NOTE: President.>> President, in consultation
    with the Secretary of Defense, the Secretary of State, the Secretary of
    Energy, and the Director of National Intelligence, shall conduct a
    review of nuclear weapons world-wide that includes--
                (1) an inventory of the nuclear arsenals of all countries
            that possess, or are believed to possess, nuclear weapons, which
            indicates, as accurately as possible, the nuclear weapons that
            are known, or are believed, to exist according to nationality,
            type, yield, and form of delivery, and an assessment of the
            methods that are currently employed to identify, track, and
            monitor nuclear weapons and their component materials;
                (2) an assessment of the risks associated with the
            deployment, transfer, and storage of nuclear weapons deemed to
            be attractive to terrorists, rogue states, and other state or
            non-state actors on account of their size or portability, or on
            account of their accessibility due to the manner of their
            deployment or storage; and
                (3) recommendations for--
                        (A) mechanisms and procedures to improve security
                    and safeguards for the nuclear weapons deemed to be

    [[Page 122 STAT. 4601]]

                    attractive to terrorists, rogue states, and other state
                    or non-state actors;
                        (B) mechanisms and procedures to improve the ability
                    of the United States to identify, track, and monitor the
                    nuclear weapons deemed to be attractive to terrorists,
                    rogue states, and other state or non-state actors;
                        (C) mechanisms and procedures for implementing
                    transparent multilateral reductions in nuclear weapons
                    arsenals; and
                        (D) methods for consolidating, dismantling, and
                    disposing of the nuclear weapons in each country that
                    possesses, or is believed to possess, nuclear weapons,
                    including methods of monitoring and verifying
                    consolidation, dismantlement, and disposal.

        (c) Report.--
                (1) Report required.--Not <<NOTE: President.>> later than
            one year after the date of the enactment of this Act, the
            President shall submit to Congress a report on the findings and
            recommendations of the review required under subsection (b).
                (2) Classification of report.--The report required under
            paragraph (1) shall be submitted in unclassified form, but it
            may be accompanied by a classified annex.
    SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH GUAM
                              TAX AND LICENSING LAWS.

        Not later than 180 days after the date of the enactment of this Act,
    the Secretary of Defense, in consultation with the Secretary of the Navy
    and the Joint Guam Program Office, shall submit to the congressional
    defense committees a report on the steps that the Department of Defense
    is taking to ensure that contractors of the Department performing work
    on Guam comply with local tax and licensing requirements.
    SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.

        (a) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    congressional defense committees a report on detention operations at
    theater internment facilities in Iraq.
        (b) Elements.--The report required by subsection (a) shall include
    each of the following:
                (1) A detailed description of how counterinsurgency doctrine
            has been incorporated at theater internment facilities in Iraq.
                (2) A detailed description of the policies and programs
            instituted to prepare detainees for reintegration following
            their release from detention in theater internment facilities in
            Iraq.
                (3) A description and assessment of the effects of changes
            in detention operations and reintegration programs at theater
            internment facilities in Iraq during the period beginning on
            January 1, 2007, and ending on the date of the completion of the
            report, including changes in levels of violence within
            internment facilities and in rates of recapture of detainees
            released from detention in internment facilities.
                (4) A description of--
                        (A) the lessons learned regarding detention
                    operations in a counterinsurgency operation, an
                    assessment of how such lessons could be applied to
                    detention operations elsewhere (including in Afghanistan
                    and at Guantanamo Bay, Cuba); and

    [[Page 122 STAT. 4602]]

                        (B) any efforts to integrate such lessons into
                    Department of Defense directives, joint doctrine,
                    mission rehearsal exercises for deploying forces, and
                    training for units involved in detention and
                    interrogation operations.

        (c) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE
                              DEPARTMENT OF DEFENSE AND THE
                              INTELLIGENCE COMMUNITY.

        (a) In General.--The Secretary of Defense and the Director of
    National Intelligence shall conduct a joint review of the bandwidth
    capacity requirements of the Department of Defense and the intelligence
    community in the near term, mid term, and long term.
        (b) Elements.--The review required by subsection (a) shall include
    an assessment of the following:
                (1) The current bandwidth capacities and capabilities of the
            Department of Defense and the intelligence community to
            transport data, including Government and commercial ground
            networks, airborne relays, and satellite systems.
                (2) The bandwidth capacities and capabilities anticipated to
            be available to the Department of Defense and the intelligence
            community to transport data in the near term, mid term, and long
            term.
                (3) Innovative technologies available to the Department of
            Defense and the intelligence community to increase data
            transport capacity of existing bandwidth (such as compression
            techniques or intelligent software agents) that can be applied
            in the near term, mid term, and long term.
                (4) The bandwidth and data requirements of current major
            operational systems of the Department of Defense and the
            intelligence community, including an assessment of--
                        (A) whether such requirements are being
                    appropriately met by the bandwidth capacities and
                    capabilities described in paragraph (1); and
                        (B) the degree to which any such requirements are
                    not being met by such bandwidth capacities and
                    capabilities.
                (5) The anticipated bandwidth and data requirements of major
            operational systems of the Department of Defense and the
            intelligence community planned for each of the near term, mid
            term, and long term, including an assessment of--
                        (A) whether such anticipated requirements will be
                    appropriately met by the bandwidth capacities and
                    capabilities described in paragraph (2); and
                        (B) the degree to which any such requirements are
                    not anticipated to be met by such bandwidth capacities
                    and capabilities.
                (6) Any mitigation concepts that could be used to satisfy
            any unmet bandwidth and data requirements.
                (7) The costs of meeting the bandwidth and data requirements
            described in paragraphs (4) and (5).
                (8) Any actions necessary to integrate or consolidate the
            information networks of the Department of Defense and the
            intelligence community.

    [[Page 122 STAT. 4603]]

        (c) Report.--Not later than one year after the date of the enactment
    of this Act, the Secretary of Defense and the Director of National
    Intelligence shall jointly submit to the congressional defense
    committees, the Select Committee on Intelligence of the Senate, and the
    Permanent Select Committee on Intelligence of the House of
    Representatives a report setting forth the results of the review
    required by subsection (a).
        (d) Formal Review <<NOTE: 10 USC 2366a note.>> Process for Bandwidth
    Requirements.--The Secretary of Defense and the Director of National
    Intelligence shall, as part of the Milestone B or Key Decision Point B
    approval process for any major defense acquisition program or major
    system acquisition program, establish a formal review process to ensure
    that--
                (1) the bandwidth requirements needed to support such
            program are or will be met; and
                (2) a determination will be made with respect to how to meet
            the bandwidth requirements for such program.

        (e) Definitions.--In this section:
                (1) Intelligence community.--The term ``intelligence
            community'' has the meaning given the term in section 3(4) of
            the National Security Act of 1947 (50 U.S.C. 401a(4)).
                (2) Long term.--The term ``long term'' means the five-year
            period beginning on the date that is 10 years after the date of
            the enactment of this Act.
                (3) Mid term.--The term ``mid term'' means the five-year
            period beginning on the date that is five years after the date
            of the enactment of this Act.
                (4) Near term.--The term ``near term'' means the five-year
            period beginning on the date of the enactment of this Act.
    SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE TO
                              THE DEPARTMENT OF DEFENSE REGARDING
                              ELECTROMAGNETIC PULSE ATTACK.

        (a) Review.--The Secretary of Defense shall conduct a review of the
    findings and recommendations applicable to the Department of Defense
    made in the reports of the Commission to Assess the Threat to the United
    States from Electromagnetic Pulse Attack established under title XIV of
    the Floyd D. Spence National Defense Authorization Act for Fiscal Year
    2001 (as enacted into law by Public Law 106-398; 114 Stat. 165A-345).
        (b) Reports.--
                (1) In general.--The Secretary shall submit to the
            congressional defense committees a report on the review required
            by subsection (a) that shall include the following:
                        (A) A description of the findings and
                    recommendations described in that subsection that are
                    applicable to the Department of Defense.
                        (B) A plan for addressing the applicable findings
                    and implementing the applicable recommendations to the
                    extent practicable and feasible.
                        (C) If the Secretary determines that it is not
                    practicable or feasible to address an applicable finding
                    or implement an applicable recommendation, an
                    explanation clearly explaining each such determination.

    [[Page 122 STAT. 4604]]

                        (D) A description of the capabilities of the
                    Department of Defense needed to protect and recover from
                    an electromagnetic pulse attack.
                        (E) Any research and development needed to address
                    any applicable finding or recommendation to enable the
                    Department of Defense to implement such recommendations
                    in the future.
                        (F) A description of the plans and programs that the
                    Department of Defense has in place or plans to put in
                    place to address the threat from electromagnetic pulse
                    attack.
                        (G) A description of the organizational and
                    management structure that the Department of Defense has
                    in place or plans to have in place to address the threat
                    from an electromagnetic pulse attack.
                        (H) A description of any impediments to implementing
                    any applicable recommendations.
                (2) Submittal dates.--The report required by paragraph (1)
            shall be submitted not later than September 1 of each odd
            numbered year beginning in 2009 and ending in 2015.
                (3) Form of report.--The report required by paragraph (1)
            shall be submitted in unclassified form, but may include a
            classified annex.

                            Subtitle F--Other Matters

    SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF
                              INFORMATION REGARDING INFORMATION
                              TECHNOLOGY CAPITAL ASSETS.

        Section 351 of the Bob Stump National Defense Authorization Act for
    Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C. 221
    note) is amended--
                (1) in subsection (a)--
                        (A) by striking paragraph (1);
                        (B) by redesignating paragraph (2) as paragraph (1);
                        (C) in paragraph (1), as so redesignated, by
                    striking ``and an estimated total life cycle cost'' and
                    inserting ``or an estimated total cost''; and
                        (D) by adding at the end the following new paragraph
                    (2):
                ``(2) Information technology capital assets not covered by
            paragraph (1) that have been determined by the Chief Information
            Officer of the Department of Defense to be significant
            investments.'';
                (2) by striking subsection (b);
                (3) by redesignating subsection (c) as subsection (b);
                (4) in subsection (b), as so redesignated, by striking
            ``subsection (a)(2)'' and inserting ``subsection (a)(1)'';
                (5) by inserting after subsection (b) the following new
            subsection (c):

        ``(c) Required Information for Significant Investments.--With
    respect to each information technology capital asset not covered by
    paragraph (1) of subsection (a), but covered by paragraph (2) of that
    subsection, the Secretary of Defense shall include such information in a
    format that is appropriate to the current status of such asset.''; and

    [[Page 122 STAT. 4605]]

                (6) in subsection (d), by striking ``life cycle''.
    SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON
                              ENEMY PRISONERS OF WAR, RETAINED
                              PERSONNEL, CIVILIAN INTERNEES, AND OTHER
                              DETAINEES.

        (a) Submission to Congress.--A successor regulation to Army
    Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian
    Internees and Other Detainees (dated October 1, 1997) may not be carried
    out or implemented until the date that is 60 days after the date on
    which the Secretary of Defense submits to the Committees on Armed
    Services of the Senate and House of Representatives such successor
    regulation.
        (b) Savings Clause.--Nothing in this section shall affect the
    continued effectiveness of Army Regulation 190-8 Enemy Prisoners of War,
    Retained Personnel, Civilian Internees and Other Detainees (dated
    October 1, 1997).
    SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.

        (a) Project Modification.--The project for hurricane and storm
    damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey,
    authorized by section 101(a)(1) of the Water Resources Development Act
    of 2000 (114 Stat. 2576), is modified to authorize the Secretary of the
    Army to undertake, at Federal expense, such measures as the Secretary
    determines to be necessary and appropriate in the public interest to
    address the handling of munitions placed on the beach during
    construction of the project before the date of enactment of this
    section.
        (b) Treatment of Costs.--Costs incurred in carrying out subsection
    (a) shall not be considered to be a cost of constructing the project.
        (c) Credit.--The Secretary shall credit, in accordance with section
    221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the
    non-Federal share of the cost of the project the costs incurred by the
    non-Federal interest with respect to the removal and handling of the
    munitions referred to in subsection (a).
        (d) Eligible Activities.--Measures authorized by subsection (a)
    include monitoring, removal, and disposal of the munitions referred to
    in subsection (a).
    SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION AMONG
                              THE DEPARTMENT OF DEFENSE, THE
                              DEPARTMENT OF STATE, AND THE UNITED
                              STATES AGENCY FOR INTERNATIONAL
                              DEVELOPMENT ON MATTERS OF NATIONAL
                              SECURITY.

        (a) Establishment of Advisory Panel.--The Secretary of Defense, the
    Secretary of State, and the Administrator of the United States Agency
    for International Development (USAID) may jointly establish an advisory
    panel to advise, review, and make recommendations on ways to improve
    coordination among the Department of Defense, the Department of State,
    and the United States Agency for International Development on matters
    relating to national security, including reviewing their respective
    roles and responsibilities.
        (b) Membership.--
                (1) Composition.--The advisory panel shall be composed of 12
            members, of whom--

    [[Page 122 STAT. 4606]]

                        (A) three shall be appointed by the Secretary of
                    Defense, in consultation with the Secretary of State and
                    the Administrator;
                        (B) three shall be appointed by the Secretary of
                    Defense, with the advice of the Chairman of the Joint
                    Chiefs of Staff, and in consultation with the Secretary
                    of State and the Administrator;
                        (C) three shall be appointed by the Secretary of
                    State, in consultation with the Secretary of Defense and
                    the Administrator; and
                        (D) three shall be appointed by the Administrator,
                    in consultation with the Secretary of Defense and the
                    Secretary of State.
                (2) Chairman.--The Secretary of Defense, the Secretary of
            State, and the Administrator shall jointly designate one member
            as chairman.
                (3) Vice chairman.--The Secretary of Defense, the Secretary
            of State, and the Administrator shall jointly designate one
            member as vice chairman. The vice chairman may not be a member
            appointed to the advisory panel under paragraph (1) by the same
            Secretary or Administrator who appointed the member under such
            paragraph who is designated as the chairman under paragraph (2).
                (4) Expertise.--Members of the advisory panel shall be
            private citizens of the United States with national recognition
            and significant experience in the Federal Government, the Armed
            Forces, public administration, foreign affairs, or development.
                (5) Deadline for appointment.--All members of the advisory
            panel should be appointed not earlier than January 20, 2009, and
            not later than March 20, 2009.
                (6) Terms.--The term of each member of the advisory panel is
            for the life of the advisory panel.
                (7) Vacancies.--A <<NOTE: Deadline.>> vacancy in the
            advisory panel shall be filled not later than 30 days after such
            vacancy occurs and in the manner in which the original
            appointment was made.
                (8) Security clearances.--The appropriate departments or
            agencies of the Federal Government shall cooperate with the
            advisory panel in expeditiously providing to the members and
            staff of the advisory panel appropriate security clearances to
            the extent possible pursuant to existing procedures and
            requirements, except that no person shall be provided with
            access to classified information under this section without the
            appropriate security clearances.
                (9) Status.--A member of the advisory panel who is not
            otherwise employed by the Federal Government shall not be
            considered to be a Federal employee, except for the purposes of
            chapter 81 of title 5, United States Code, and chapter 171 of
            title 28, United States Code.
                (10) Expenses.--The members of the advisory panel shall be
            allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for employees of agencies under
            subchapter I of chapter 57 of title 5, while away from their
            homes or regular places of business in the performance of
            services for the advisory panel.

        (c) Meetings and Procedures.--

    [[Page 122 STAT. 4607]]

                (1) Initial <<NOTE: Deadline.>> meeting.--The advisory panel
            shall conduct its first meeting not later than 30 days after the
            date that all appointments to the advisory panel have been made
            under subsection (b).
                (2) Meetings.--The advisory panel shall meet not less often
            than once every three months. The advisory panel may also meet
            at the call of the Secretary of Defense, the Secretary of State,
            or the Administrator.
                (3) Procedures.--The advisory panel shall carry out its
            duties under procedures established under subsection (d).

        (d) Support of Federally Funded Research and Development Center.--
    If <<NOTE: Deadline. Contracts.>> the advisory panel is established
    under subsection (a), the Secretary of Defense, in consultation with the
    Secretary of State and the Administrator, shall, not later than 60 days
    after the date of the final appointment of the members of the advisory
    panel pursuant to subsection (b)(5), enter into a contract with a
    federally funded research and development center for the provision of
    administrative and logistical support and assistance to the advisory
    panel in carrying out its duties under this section. Such support and
    assistance shall include the establishment of the procedures of the
    advisory panel.

        (e) Duties of Panel.--The advisory panel shall--
                (1) analyze the roles and responsibilities of the Department
            of Defense, the Department of State, and the USAID regarding--
                        (A) stability operations;
                        (B) foreign assistance (including security
                    assistance); and
                        (C) other areas the Secretary of Defense, the
                    Secretary of State, and the Administrator jointly agree
                    are appropriate;
                (2) review--
                        (A) the structures and systems that coordinate
                    policy-making;
                        (B) the national security-related roles and
                    responsibilities of the Department of Defense, the
                    Department of State, USAID, and, as appropriate, other
                    relevant agencies to ensure effective coordination;
                        (C) the efforts of the Department of Defense, the
                    Department of State, USAID, and such other relevant
                    agencies to ensure that lessons learned and expertise
                    that is developed in carrying out programs related to
                    national security are shared among the departments and
                    agencies of the Federal Government, as appropriate; and
                        (D) the coordination of activities conducted abroad
                    and carried out by personnel of the Department of
                    Defense, Department of State, USAID, and such other
                    relevant agencies; and
                (3) provide advice and make recommendations for otherwise
            improving coordination between and among the Department of
            Defense, the Department of State and USAID on matters of
            national security.

        (f) Cooperation of Other Agencies.--Upon request by the advisory
    panel, any department or agency of the Federal Government shall provide
    information that the advisory panel considers necessary to carry out its
    duties.
        (g) Reports.--

    [[Page 122 STAT. 4608]]

                (1) Interim report.--Not later than 180 days after the first
            meeting of the advisory panel, the advisory panel shall submit
            to the Secretary of Defense, the Secretary of State, and the
            Administrator a report that identifies--
                        (A) aspects of the interagency structure and
                    processes relating to matters of national security that
                    should take priority in any effort to improve the
                    coordination among the Department of Defense, the
                    Department of State, and USAID; and
                        (B) methods to better coordinate the interagency
                    structure and processes relating to matters of national
                    security.
                (2) Annual reports.--Not later than December 31 of the year
            in which the interim report is submitted under paragraph (1),
            the advisory panel shall submit to the Secretary of Defense, the
            Secretary of State, and the Administrator a report on--
                        (A) the activities of the advisory panel;
                        (B) any deficiencies relating to coordination among
                    the Department of Defense, Department of States and
                    USAID and other relevant agencies on matters of national
                    security;
                        (C) any improvements made during the period covered
                    by the report to the coordination among the Department
                    of Defense, the Department of State, USAID, and other
                    relevant agencies on matters of national security;
                        (D) methods to better coordinate the interagency
                    structure and processes among the Department of Defense,
                    the Department of State, USAID, and other relevant
                    agencies on matters relating to national security; and
                        (E) such findings, conclusions, and recommendations
                    as the advisory panel considers appropriate.
                (3) Submission of report to congress.--The Secretary of
            Defense, the Secretary of State, and the Administrator shall
            submit to the appropriate congressional committees the reports
            required under this subsection and any additional information
            considered appropriate.
                (4) Congressional briefings.--Not <<NOTE: Deadline.>> later
            than 30 days after the submission of each report required under
            this subsection, the members of the advisory panel shall make
            themselves available to meet with the appropriate congressional
            committees to brief such committees on the matters contained in
            the report.
                (5) Appropriate committees.--For the purposes of this
            subsection, the appropriate congressional committees are the
            following:
                        (A) The Committees on Foreign Affairs, Armed
                    Services, and Appropriations of the House of
                    Representatives.
                        (B) The Committees on Foreign Relations, Armed
                    Services, and Appropriations of the Senate.

        (h) Termination of Advisory Panel.--The advisory panel shall
    terminate on December 31, 2012.
        (i) Definitions.--In this section:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the United States Agency for International
            Development.
                (2) Stability operations.--The term ``stability operations''
            means stability and reconstruction operations conducted by
            departments or agencies of the Federal Government described by
            Department of Defense Directive 3000.05, National Security

    [[Page 122 STAT. 4609]]

            Presidential Directive 1, or National Security Presidential
            Directive 44.
                (3) Federal agency.--The term ``Federal agency'' means any
            entity included in chapter 1 of title 5, United States code.
    SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY
                              ACTIVITIES OF THE FEDERAL GOVERNMENT.

        (a) Report by President.--
                (1) Initial report.--Not later than December 31, 2009, the
            President shall submit to the appropriate committees of Congress
            a report on a comprehensive interagency strategy for public
            diplomacy and strategic communication of the Federal Government,
            including benchmarks and a timetable for achieving such
            benchmarks.
                (2) Elements of report.--The report required under paragraph
            (1) shall include the following elements:
                        (A) Strategy.--A comprehensive interagency strategy,
                    which shall include the following:
                              (i) Prioritizing the mission of supporting
                          specific foreign policy objectives, such as
                          counterterrorism and efforts to combat extremist
                          ideology, in parallel and in complement with, as
                          appropriate, the broad mission of communicating
                          the policies and values of the United States to
                          foreign audiences.
                              (ii) Consolidating and elevating, as
                          appropriate, Federal Government leadership to
                          prioritize, manage, and implement the strategy
                          required by this subsection, including
                          consideration of whether to establish strategic
                          communication and public diplomacy positions at
                          the National Security Council and to establish a
                          single office to coordinate strategic
                          communication and public diplomacy efforts.
                              (iii) Improving coordination across
                          departments and agencies of the Federal Government
                          on strategic communications and public diplomacy.
                              (iv) Consideration of whether resources
                          devoted to strategic communication and public
                          diplomacy efforts should be increased.
                        (B) Study.--A study of whether to establish an
                    independent, not-for-profit organization responsible for
                    providing independent assessment and strategic guidance
                    to the Federal Government on strategic communication and
                    public diplomacy, as recommended by the Task Force on
                    Strategic Communication of the Defense Science Board.
                        (C) Roles of departments or agencies of the federal
                    government.--A description of the respective roles of
                    the National Security Council, the Department of
                    Defense, and the Department of State regarding strategic
                    communication and public diplomacy, including--
                              (i) a description of the roles of the offices
                          within the National Security Council, the
                          Department of Defense, and the Department of State
                          engaged in message outreach to audiences abroad;
                          and
                              (ii) an explanation of how the National
                          Security Council, the Department of Defense, and
                          the Department of State coordinate strategic
                          communication and public diplomacy activities.

    [[Page 122 STAT. 4610]]

                (3) Subsequent report.--Two years after the submission of
            the initial report under paragraph (1), the President shall
            submit to the appropriate committees of Congress a report on--
                        (A) the status of the implementation of the
                    strategy;
                        (B) progress toward achievement of benchmarks; and
                        (C) any changes to the strategy since the submission
                    of the initial report.

        (b) Report by Secretary of Defense.--Not later than December 31,
    2009, the Secretary of Defense shall review, and submit to the
    congressional defense committees a report on, the organizational
    structure within the Department of Defense for advising the Secretary on
    the direction and priorities for strategic communication activities,
    including an assessment of the option of establishing a board, composed
    of representatives from among the organizations within the Department
    responsible for strategic communications, public diplomacy, and public
    affairs, and including advisory members from the broader interagency
    community as appropriate, for purposes of--
                (1) providing strategic direction for Department of Defense
            efforts related to strategic communications and public
            diplomacy; and
                (2) setting priorities for the Department of Defense in the
            areas of strategic communications and public diplomacy.

        (c) Form and Availability of Reports.--
                (1) Form.--The reports required by this section may be
            submitted in a classified form.
                (2) Availability.--Any unclassified portions of the reports
            required by this section shall be made available to the public.

        (d) Appropriate Committees.--For the purposes of this section, the
    appropriate committees of Congress are the following:
                (1) The Committees on Foreign Relations, Armed Services, and
            Appropriations of the Senate.
                (2) The Committees on Foreign Affairs, Armed Services, and
            Appropriations of the House of Representatives.
    SEC. 1056. <<NOTE: 10 USC 2241 note.>> PROHIBITIONS RELATING TO
                              PROPAGANDA.

        (a) Prohibition.--No part of any funds authorized to be appropriated
    in this or any other Act shall be used by the Department of Defense for
    publicity or propaganda purposes within the United States not otherwise
    specifically authorized by law.
        (b) Report.--Not later than 90 days after the date of the enactment
    of this Act, the Inspector General of the Department of Defense shall
    submit to Congress a report on the findings of their project number
    D2008-DIPOEF-0209.000, entitled ``Examination of Allegations Involving
    DoD Office of Public Affairs Outreach Program''.
        (c) Legal Opinion.--Not <<NOTE: Deadline.>> later than 120 days
    after the date of the enactment of this Act, the Comptroller General of
    the United States shall issue a legal opinion to Congress on whether the
    Department of Defense violated appropriations prohibitions on publicity
    or propaganda activities established in Public Laws 107-117, 107-248,
    108-87, 108-287, 109-148, 109-289, and 110-116, the Department of
    Defense Appropriations Acts for fiscal years 2002 through 2008,
    respectively, by offering special access to prominent persons in the
    private sector who serve as media analysts, including briefings and
    information on war efforts, meetings with

    [[Page 122 STAT. 4611]]

    high level government officials, and trips to Iraq and Guantanamo Bay,
    Cuba.

        (d) Rule of Construction Related to Intelligence Activities.--
    Nothing in this section shall be construed to apply to any lawful and
    authorized intelligence activity of the United States Government.
    SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY
                              CONTRACTOR PERSONNEL.

        It is the sense of Congress that--
                (1) the interrogation of enemy prisoners of war, civilian
            internees, retained persons, other detainees, terrorists, and
            criminals when captured, transferred, confined, or detained
            during or in the aftermath of hostilities is an inherently
            governmental function and cannot appropriately be transferred to
            private sector contractors;
                (2) not later than one year after the date of the enactment
            of this Act, the Secretary of Defense should develop the
            resources needed to ensure that interrogations described in
            paragraph (1) can be conducted by government personnel and not
            by private sector contractors; and
                (3) properly trained and cleared contractors may
            appropriately be used as linguists, interpreters, report
            writers, information technology technicians, and other employees
            filling ancillary positions, if the private sector contractors
            are subject to the same rules, procedures, policies, and laws
            pertaining to detainee operations and interrogations that govern
            the execution of these positions by government personnel.
    SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR
                              OTHERWISE ELECTRONICALLY RECORDING
                              STRATEGIC INTELLIGENCE INTERROGATIONS OF
                              PERSONS IN THE CUSTODY OF OR UNDER THE
                              EFFECTIVE CONTROL OF THE DEPARTMENT OF
                              DEFENSE.

        (a) In General.--It is the sense of Congress that the Secretary of
    Defense should take such actions as are necessary to ensure that each
    strategic intelligence interrogation of any person who is in the custody
    or under the effective control of the Department of Defense or under
    detention in a Department of Defense facility is videotaped or otherwise
    electronically recorded.
        (b) Strategic Intelligence Interrogation Defined.--For purposes of
    this section, the term ``strategic intelligence interrogation'' means an
    interrogation of a person described in subsection (a) conducted at a
    theater-level detention facility.
    SEC. 1059. <<NOTE: 10 USC 113 note.>> MODIFICATION OF DEADLINES
                              FOR STANDARDS REQUIRED FOR ENTRY TO
                              MILITARY INSTALLATIONS IN THE UNITED
                              STATES.

        Section 1069(c) of the National Defense Authorization Act of Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 327) is amended--
                (1) in paragraph (1)--
                        (A) by striking ``July 1, 2008'' and inserting
                    ``February 1, 2009''; and
                        (B) by striking ``January 1, 2009'' and inserting
                    ``October 1, 2010''; and
                (2) in paragraph (2), by striking ``implemented'' and
            inserting ``developed''.

    [[Page 122 STAT. 4612]]

    SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION
                              ON THE STRATEGIC POSTURE OF THE UNITED
                              STATES.

        (a) Extension of Dates.--Section 1062 of the National Defense
    Authorization Act for Fiscal Year <<NOTE: Ante, p. 319.>> 2008 (Public
    Law 110-181) is amended--
                (1) in subsection (e), by striking ``December 1, 2008'' and
            inserting ``April 1, 2009''; and
                (2) in subsection (g), by striking ``June 1, 2009'' and
            inserting ``September 30, 2009''.

        (b) Interim Report.--Not later than December 1, 2008, the
    Congressional Commission on the Strategic Posture of the United States
    shall submit to the President, the Secretary of Defense, the Secretary
    of Energy, the Secretary of State, the Committee on Armed Services of
    the Senate, and the Committee on Armed Services of the House of
    Representatives an interim report on the commission's initial findings,
    conclusions, and recommendations. To the extent practicable, the interim
    report shall address the matters required to be included in the report
    under subsection (e) of such section 1062.
    SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.

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

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

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

    ``667. Issue of Serviceable Material Other Than to Armed Forces..7911''.

        (b) National Defense Authorization Act for Fiscal Year 2008.--
    Effective <<NOTE: Effective date.>> as of January 28, 2008, and as if
    included therein as enacted, the National Defense Authorization Act for
    Fiscal Year 2008 (Public Law 110-181) is amended as follows:
                (1) Section 371(c) (122 Stat. 80) is amended by striking ``
            `operational strategies' '' and inserting `` `operational
            systems' ''.
                (2) Section 585(b)(3)(C) (122 Stat. 132) is amended by
            inserting ``both places it appears'' before the period at the
            end.

    [[Page 122 STAT. 4613]]

                (3) Section 703(b) (122 Stat. 103) is amended by striking
            ``as amended by'' and inserting ``as inserted by''.
                (4) Section 805(a) (122 Stat. 212) is amended by striking
            ``Act ,'' and inserting ``Act,''.
                (5) Section 883(b) (122 Stat. 264) is amended by striking
            ``Section 832(c)(1) of such Act, as redesignated by subsection
            (a), is amend by'' and inserting ``Section 832(b)(1) of such Act
            is amended by''.
                (6) Section 890(d)(2) (122 Stat. 270) is amended by striking
            ``sections'' and inserting ``parts''.
                (7) Section 904(a)(4) (122 Stat. 274) is amended by striking
            ``131(b)(2)'' and inserting ``131(b)''.
                (8) Section 954(a)(3)(B) (122 Stat. 294) is amended by
            inserting ``, as redesignated by section 524(a)(1)(A),'' after
            ``of such title''.
                (9) Section 954(b)(2) (122 Stat. 294) is amended--
                        (A) by striking ``2114(e) of such title'' and
                    inserting ``2114(f) of such title, as redesignated by
                    section 524(a)(1)(A),''; and
                        (B) by striking the period at the end and inserting
                    ``and inserting `President'.''.
                (10) Section 1063(d)(1) (122 Stat. 323) is amended by
            striking ``a semicolon after `subsection' '' and inserting ``a
            comma after `subsection' ''.
                (11) Section 1229(i)(3) (122 Stat. 383) is amended by
            striking ``publically'' and inserting ``publicly''.
                (12) Section 1422(e)(2) (122 Stat. 422) is amended by
            striking ``subsection (c)'' and inserting ``subsection (c)(1)''.
                (13) Section 1602(4) (122 Stat. 432) is amended by striking
            ``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
                (14) Section 1617(b) (122 Stat. 449) is amended by striking
            ``by adding at the end'' and inserting ``by inserting after the
            item relating to section 1074k''.
                (15) Section 2106 (122 Stat. 508) is amended by striking
            ``for 2007'' both places it appears and inserting ``for Fiscal
            Year 2007''.
                (16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by
            striking `` `Secretary of the Army' '' and inserting ``
            `Secretary of Army' ''.

        (c) Title 31, United States Code.--Title 31, United States Code, is
    amended as follows:
                (1) Chapter 35 is amended by striking the first section
            3557.
                (2) The second section 3557 is amended in the section
            heading by striking ``Public-Private'' and inserting ``public-
            private''.
                (3) The table of sections at the beginning of chapter 35 is
            amended by striking the second item relating to section 3557.

        (d) Title 28, United States Code.--Section 1491(b) of title 28,
    United States Code, is amended by striking the first paragraph (5).
        (e) Ronald W. Reagan National Defense Authorization Act for Fiscal
    Year 2005.--Section 721(e) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    1988; 10 U.S.C. 1092 note) is

    [[Page 122 STAT. 4614]]

    amended by striking ``fiscal years 2005'' and all that follows through
    ``2010'' and inserting ``fiscal years 2005 through 2010''.
    SEC. 1062. <<NOTE: 50 USC 2370.>> NOTIFICATION OF COMMITTEES ON
                              ARMED SERVICES WITH RESPECT TO CERTAIN
                              NONPROLIFERATION AND PROLIFERATION
                              ACTIVITIES.

        (a) Notification With Respect to Nonproliferation Activities.--The
    Secretary of Defense, the Secretary of Energy, the Secretary of
    Commerce, the Secretary of State, and the Nuclear Regulatory Commission
    shall keep the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives informed
    with respect to--
                (1) any activities undertaken by any such Secretary or the
            Commission to carry out the purposes and policies of the
            Secretaries and the Commission with respect to nonproliferation
            programs; and
                (2) any other activities undertaken by any such Secretary or
            the Commission to prevent the proliferation of nuclear,
            chemical, or biological weapons or the means of delivery of such
            weapons.

        (b) Notification With Respect to Proliferation Activities in Foreign
    Nations.--
                (1) In general.--The Director of National Intelligence shall
            keep the Committee on Armed Services of the Senate and the
            Committee on Armed Services of the House of Representatives
            fully and currently informed with respect to any activities of
            foreign nations that are significant with respect to the
            proliferation of nuclear, chemical, or biological weapons or the
            means of delivery of such weapons.
                (2) Fully and currently informed defined.--For purposes of
            paragraph (1), the term ``fully and currently informed'' means
            the transmittal of credible information with respect to an
            activity described in such paragraph not later than 60 days
            after becoming aware of the activity.
    SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED CENTER
                              FOR NORTH AMERICAN AEROSPACE DEFENSE
                              COMMAND AND UNITED STATES NORTHERN
                              COMMAND.

        (a) Assessment Required.--The Secretary of Defense shall conduct an
    assessment of the adequacy of security measures for the consolidated
    command center for North American Aerospace Defense Command and United
    States Northern Command at Peterson Air Force Base, Colorado.
        (b) Elements.--The assessment required in paragraph (a) shall
    include the following:
                (1) A description of the security measures taken and planned
            for the consolidated command center as of October 1, 2008.
                (2) An assessment of whether existing and planned security
            measures for the consolidated command center are adequate to
            provide the necessary level of protection.
                (3) An estimate of the total costs associated with such
            security measures adequate to provide the necessary level of
            protection.

        (c) Report Required.--Not later than March 1, 2009, the Secretary of
    Defense shall submit to the congressional defense committees a report
    containing the results of the assessment required in subsection (a).

    [[Page 122 STAT. 4615]]

        (d) Additional <<NOTE: Certification.>> Requirement.--The Secretary
    of Defense shall ensure that redundant facilities and equipment, along
    with the appropriate manning necessary to ensure the continuity of
    operations, are maintained at Cheyenne Mountain Air Force Station until
    the Secretary certifies that security measures have been instituted that
    bring the consolidated command center for North American Aerospace
    Defense Command and United States Northern Command into full compliance
    with Protection Level One requirements, as defined by Air Force
    Instruction 31-101, dated March 1, 2007.

                      TITLE XI--CIVILIAN PERSONNEL MATTERS

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

    SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND
                              AGGREGATE LIMITATION ON PAY FOR FEDERAL
                              CIVILIAN   EMPLOYEES WORKING OVERSEAS.

        (a) Waiver Authority.--During calendar year 2009, and
    notwithstanding section 5547 of title 5, United States Code, the head of
    an Executive agency may waive the premium pay limitations established in
    that section up to the annual rate of salary payable to the Vice
    President under section 104 of title 3, United States Code, for an
    employee who performs work while in an overseas location that is in the
    area of responsibility of the Commander of the United States Central
    Command, or an overseas location that was formerly in the area of
    responsibility of the Commander of the United States Central Command but
    has been moved to the area of responsibility of the Commander of the
    United States Africa Command, in direct support of, or directly related
    to--
                (1) a military operation, including a contingency operation;
            or
                (2) an operation in response to a national emergency
            declared by the President.

        (b) Applicability of Aggregate Limitation on Pay.--Section 5307 of
    title 5, United States Code, shall not apply to any employee in any
    calendar year in which that employee is granted a waiver under
    subsection (a).
        (c) Additional Pay Not Considered Basic Pay.--To the extent that a
    waiver under subsection (a) results in payment of additional premium pay
    of a type that is normally creditable as

    [[Page 122 STAT. 4616]]

    basic pay for retirement or any other purpose, such additional pay shall
    not be considered to be basic pay for any purpose, nor shall it be used
    in computing a lump-sum payment for accumulated and accrued annual leave
    under section 5551 of title 5, United States Code.
        (d) Regulations.--The Director of the Office of Personnel Management
    may issue regulations to ensure appropriate consistency among heads of
    executive agencies in the exercise of authority granted by this section.
    SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES,
                              BENEFITS, AND GRATUITIES TO PERSONNEL ON
                              OFFICIAL DUTY IN A COMBAT ZONE.

        (a) In General.--Section 1603(a) of the Emergency Supplemental
    Appropriations Act for Defense, the Global War on Terror, and Hurricane
    Recovery, 2006 (Public Law 109-234; 120 Stat. 443) is amended--
                (1) by striking ``During fiscal years 2006, 2007, and 2008''
            and inserting ``(1) During fiscal years 2006 (including the
            period beginning on October 1, 2005, and ending on June 15,
            2006), 2007, and 2008''; and
                (2) by adding at the end the following:

        ``(2) During fiscal years 2009, 2010, and 2011, the head of an
    agency may, in the agency head's discretion, provide to an individual
    employed by, or assigned or detailed to, such agency allowances,
    benefits, and gratuities comparable to those provided by the Secretary
    of State to members of the Foreign Service under section 413 and chapter
    9 of title I of the Foreign Service Act of 1980, if such individual is
    on official duty in a combat zone (as defined by section 112(c) of the
    Internal Revenue Code of 1986).''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect as if included in the enactment of the Emergency
    Supplemental Appropriations Act for Defense, the Global War on Terror,
    and Hurricane Recovery, 2006 (Public Law 109-234).
    SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN
                              EMPLOYEES DEPLOYED IN SUPPORT OF A
                              CONTINGENCY OPERATION.

        (a) Automatic Coverage.--Section 8702(c) of title 5, United States
    Code, is amended--
                (1) by inserting ``an employee who is deployed in support of
            a contingency operation (as that term is defined in section
            101(a)(13) of title 10) or'' after ``subsection (b),''; and
                (2) by striking ``the date of the'' and inserting ``the date
            of notification of deployment or''.

        (b) Optional Insurance.--Section 8714a(b) of such title is amended--
                (1) by designating the text as paragraph (2); and
                (2) by inserting before paragraph (2), as so designated, the
            following new paragraph (1):

        ``(1) An <<NOTE: Deadline.>> employee who is deployed in support of
    a contingency operation (as that term is defined in section 101(a)(13)
    of title 10) or an employee of the Department of Defense who is
    designated as emergency essential under section 1580 of title 10 shall
    be insured under the policy of insurance under this section if the
    employee, within 60 days after the date of notification of deployment or
    designation, elects to be insured under the policy of insurance. An
    election under this paragraph shall be effective when provided

    [[Page 122 STAT. 4617]]

    to the Office in writing, in the form prescribed by the Office, within
    such 60-day period.''.

        (c) Additional Optional Life Insurance.--Section 8714b(b) of such
    title is amended--
                (1) by designating the text as paragraph (2); and
                (2) by inserting before paragraph (2), as so designated, the
            following new paragraph (1):

        ``(1) <<NOTE: Deadline.>> An employee who is deployed in support of
    a contingency operation (as that term is defined in section 101(a)(13)
    of title 10) or an employee of the Department of Defense who is
    designated as emergency essential under section 1580 of title 10 shall
    be insured under the policy of insurance under this section if the
    employee, within 60 days after the date of notification of deployment or
    designation, elects to be insured under the policy of insurance. An
    election under this paragraph shall be effective when provided to the
    Office in writing, in the form prescribed by the Office, within such 60-
    day period.''.
    SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE
                              PAYMENTS.

        Section 5595(i)(4) of title 5, United States Code, is amended by
    striking ``October 1, 2010'' and inserting ``October 1, 2014''.
    SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF
                              DEPARTMENT OF DEFENSE.

        Section 3502(f)(5) of title 5, United States Code, is amended by
    striking ``September 30, 2010'' and inserting ``September 30, 2014''.
    SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL
                              POSITIONS UNDER THE NATIONAL SECURITY
                              PERSONNEL SYSTEM.

        Section 9902(i) of title 5, United States Code, is amended--
                (1) in paragraph (1), by striking ``the requirements of
            chapter 71 and the limitations in subsection (b)(3)'' and
            inserting ``the requirements and limitations in paragraph (3)'';
            and
                (2) by striking the period at the end of paragraph (2) and
            inserting ``, in a manner comparable to that in which such
            provisions are applied under chapter 33.
                ``(3) Any action taken by the Secretary pursuant to the
            authority of this subsection shall be subject to--
                        ``(A) the requirements of chapter 71; and
                        ``(B) <<NOTE: Waiver authority.>> the limitations in
                    subsection (b)(3), except that the requirements of
                    chapter 33 may be waived to the extent necessary to
                    achieve the purposes of this subsection.''.
    SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE
                              PROFESSIONALS.

        (a) Expedited Hiring Authority.--Section 1599c(a) of title 10,
    United States Code, is amended--
                (1) by inserting ``(1)'' before ``The Secretary of Defense
            may''; and
                (2) by adding at the end the following new paragraph:

        ``(2)(A) For purposes of sections 3304, 5333, and 5753 of title 5,
    the Secretary of Defense may--

    [[Page 122 STAT. 4618]]

                ``(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) <<NOTE: Applicability.>> In using the authority provided by
    this paragraph, the Secretary shall apply the principles of preference
    for the hiring of veterans and other persons established in subchapter 1
    of chapter 33 of title 5.''.

        (b) Termination of Authority.--Section 1599c(c) of such title is
    amended--
                (1) by inserting ``(1)'' before ``The authority of'';
                (2) by striking ``September 30, 2010'' and inserting
            ``September 30, 2012''; and
                (3) by adding at the end the following new paragraph:

        ``(2) The Secretary may not appoint a person to a position of
    employment under subsection (a)(2) after September 30, 2012.''.
    SEC. 1108. <<NOTE: 10 USC 1580 note.>> DIRECT HIRE AUTHORITY AT
                              PERSONNEL DEMONSTRATION LABORATORIES FOR
                              CERTAIN CANDIDATES.

        (a) Authority.--The Secretary of Defense may appoint qualified
    candidates possessing an advanced degree to positions described in
    subsection (b) without regard to the provisions of subchapter I of
    chapter 33 of title 5, United States Code, other than sections 3303 and
    3328 of such title.
        (b) Applicability.--This section applies with respect to candidates
    for scientific and engineering positions within any laboratory
    identified in section 9902(c)(2) of title 5, United States Code.
        (c) Limitation.--(1) Authority under this section may not, in any
    calendar year and with respect to any laboratory, be exercised with
    respect to a number of candidates greater than the number equal to 2
    percent of the total number of scientific and engineering positions
    within such laboratory that are filled as of the close of the fiscal
    year last ending before the start of such calendar year.
        (2) For purposes of this subsection, positions and candidates shall
    be counted on a full-time equivalent basis.
        (d) Employee Defined.--As used in this section, the term
    ``employee'' has the meaning given such term by section 2105 of title 5,
    United States Code.
        (e) Termination.--The authority to make appointments under this
    section shall not be available after December 31, 2013.
    SEC. 1109. <<NOTE: 10 USC 2358 note.>> 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).

    [[Page 122 STAT. 4619]]

                ``(2) Information required.--Each report under this
            subsection shall describe the following:
                        ``(A) The actions taken by the Secretary of Defense
                    under subsection (a) during the year covered by the
                    report.
                        ``(B) The progress made by the Secretary of Defense
                    during such year in developing and implementing the plan
                    required by subsection (b), including the anticipated
                    date for completion of such plan and a list and
                    description of any issues relating to the development or
                    implementation of such plan.
                        ``(C) With respect to any applications by any
                    Department of Defense laboratories seeking to be
                    designated as a demonstration laboratory or to otherwise
                    obtain any of the personnel flexibilities available to a
                    demonstration laboratory--
                              ``(i) the number of applications that were
                          received, pending, or acted on during such year;
                              ``(ii) the status or disposition of any
                          applications under clause (i), including, in the
                          case of any application on which a final decision
                          was rendered, the laboratory involved, what the
                          laboratory had requested, the decision reached,
                          and the reasons for the decision; and
                              ``(iii) in the case of any applications under
                          clause (i) on which a final decision was not
                          rendered, the date by which a final decision is
                          anticipated.
                ``(3) Definition.--For purposes of this subsection, the term
            `demonstration laboratory' means a laboratory designated by the
            Secretary of Defense under the provisions of section 342(b) of
            the National Defense Authorization Act for Fiscal Year 1995 (as
            cited in subsection (a)).''.
    SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF
                              PROFESSIONAL ACCOUNTING POSITION FOR
                              PURPOSES OF CERTIFICATION AND
                              CREDENTIALING STANDARDS.

        Section 1599d(e) of title 10, United States Code, is amended by
    striking ``GS-510, GS-511, and GS-505'' and inserting ``0505, 0510,
    0511, or equivalent''.
    SEC. 1111. <<NOTE: 10 USC 143 note.>> EXCEPTIONS AND ADJUSTMENTS
                              TO LIMITATIONS ON PERSONNEL AND REPORTS
                              ON SUCH EXCEPTIONS AND ADJUSTMENTS.

        (a) Exception to Limitations on Personnel.--For fiscal year 2009 and
    fiscal years thereafter, the baseline personnel limitations in sections
    143, 194, 3014, 5014, and 8014 of title 10, United States Code (as
    adjusted pursuant to subsection (b)), shall not apply to--
                (1) acquisition personnel hired pursuant to the expedited
            hiring authority provided in section 1705(h) of title 10, United
            States Code, as amended by section 821 of this Act, or otherwise
            hired with funds in the Department of Defense Acquisition
            Workforce Development Fund established in accordance with
            section 1705(a) of such title; or
                (2) personnel hired pursuant to a shortage category
            designation by the Secretary of Defense or the Director of the
            Office of Personnel Management.

        (b) Authority to Adjust Limitations on Personnel.--For fiscal year
    2009 and for four fiscal years thereafter, the Secretary

    [[Page 122 STAT. 4620]]

    of Defense or a secretary of a military department may adjust the
    baseline personnel limitations in sections 143, 194, 3014, 5014 and 8014
    of title 10, United States Code, to--
                (1) fill a gap in the civilian workforce of the Department
            of Defense identified by the Secretary of Defense in a strategic
            human capital plan submitted to Congress in accordance with the
            requirements of--
                        (A) section 1122 of the National Defense
                    Authorization Act for Fiscal Year 2006 (Public Law 109-
                    163; 10 U.S.C. prec. 1580 note);
                        (B) section 1102 of the John Warner National Defense
                    Authorization Act for Fiscal Year 2007 (Public Law 109-
                    364; 120 Stat. 2407); or
                        (C) section 851 of the National Defense
                    Authorization Act for Fiscal Year 2008 (Public Law 110-
                    181; 10 U.S.C. note prec. 1580); or
                (2) accommodate increases in workload or modify the type of
            personnel required to accomplish work, for any purpose described
            in paragraphs (1) through (4) of subsection (c).

        (c) Limitation on Authority to Adjust Limitations on Personnel.--The
    Secretary of Defense or the secretary of a military department may not
    increase a baseline personnel limitation under paragraph (2) of
    subsection (b) by more than 5 percent in a fiscal year. An increase in a
    baseline personnel limitation under such paragraph may be made for any
    of the following purposes:
                (1) Performance of inherently governmental functions.
                (2) Performance of work pursuant to section 2463 of title 10
            United States Code.
                (3) Ability to maintain sufficient organic expertise and
            technical capability.
                (4) Performance of work that, while the position may not
            exercise an inherently governmental function, nevertheless
            should be performed only by officers or employees of the Federal
            Government or members of the Armed Forces because of the
            critical nature of the work.

        (d) Report Required.--The Secretary of Defense shall submit a report
    to the congressional defense committees on the implementation of this
    section at the same time that the defense budget materials for each of
    the four fiscal years after fiscal year 2009 are presented to Congress.
    The report shall include the following information regarding the
    implementation of this section during the preceding fiscal year:
                (1) The average number of military personnel, civilian
            employees of the Department of Defense, and contractor employees
            assigned to or detailed to permanent duty in--
                        (A) the Office of the Secretary of Defense;
                        (B) the management headquarters activities and
                    management headquarters support activities in the
                    Defense Agencies and Department of Defense Field
                    Activities;
                        (C) the Office of the Secretary of the Army and the
                    Army Staff;
                        (D) the Office of the Secretary of the Navy, the
                    Office of Chief of Naval Operations, and the
                    Headquarters, Marine Corps; and
                        (E) the Office of the Secretary of the Air Force and
                    the Air Staff.

    [[Page 122 STAT. 4621]]

                (2) An estimate of the number of personnel hired pursuant to
            an exception in subsection (a) in each office described in
            subparagraphs (A) through (E) of paragraph (1).
                (3) The amount of any adjustment in the limitation on
            personnel made by the Secretary of Defense or the secretary of a
            military department, and, for each adjustment made pursuant to
            subsection (b)(2), the purpose of the adjustment.

                 TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                       Subtitle A--Assistance and Training

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

              Subtitle B--Matters Relating to Iraq and Afghanistan

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

                            Subtitle C--Other Matters

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

    [[Page 122 STAT. 4622]]

                       Subtitle A--Assistance and Training

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

        (a) Authority.--Subsection (a) of section 1206 of the National
    Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
    Stat. 366) is amended by striking ``during fiscal year 2008'' and
    inserting ``during fiscal years 2008 and 2009''.
        (b) Funding Limitation.--Subsection (c)(1) of such section is
    amended by inserting after ``fiscal year 2008'' the following: ``and up
    to $25,000,000 of funds available to the Department of Defense for
    operation and maintenance for fiscal year 2009''.
    SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-
                              TO-MILITARY CONTACTS AND COMPARABLE
                              ACTIVITIES.

        (a) In General.--Section 168(e) of title 10, United States Code, is
    amended by adding at the end the following new paragraph:
        ``(5) Funds available to carry out this section shall be available,
    to the extent provided in appropriations Acts, for programs or
    activities under this section that begin in a fiscal year and end in the
    following fiscal year.''.
        (b) Effective <<NOTE: 10 USC 168 note.>> Date.--The amendment made
    by subsection (a) shall take effect on October 1, 2008, and shall apply
    with respect to programs and activities under section 168 of title 10,
    United States Code, as so amended, that begin on or after that date.
    SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY
                              INCREMENTAL EXPENSES FOR PARTICIPATION
                              OF DEVELOPING COUNTRIES IN COMBINED
                              EXERCISES.

        (a) In General.--Section 2010 of title 10, United States Code, is
    amended--
                (1) by redesignating subsection (d) as subsection (e); and
                (2) by inserting after subsection (c) the following new
            subsection:

        ``(d) Funds available to carry out this section shall be available,
    to the extent provided in appropriations Acts, for bilateral or
    multilateral military exercises that begin in a fiscal year and end in
    the following fiscal year.''.
        (b) Effective <<NOTE: 10 USC 2010 note.>> Date.--The amendments made
    by subsection (a) shall take effect on October 1, 2008, and shall apply
    with respect to bilateral and multilateral military exercises described
    in section 2010 of title 10, United States Code, as so amended, that
    begin on or after that date.
    SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND
                              CROSS-SERVICING AGREEMENTS TO LEND
                              MILITARY EQUIPMENT FOR PERSONNEL
                              PROTECTION AND SURVIVABILITY.

        (a) Semiannual Reports to Congressional Committees.--Subsection
    (b)(3) of section 1202 of the John Warner National Defense Authorization
    Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412) is amended
    by adding at the end the following new subparagraph:
                        ``(E) With respect to equipment provided to each
                    foreign force that is not returned to the United States,
                    a description

    [[Page 122 STAT. 4623]]

                    of the terms of disposition of the equipment to the
                    foreign force.
                        ``(F) The percentage of equipment provided to
                    foreign forces under the authority of this section that
                    is not returned to the United States.''.

        (b) Expiration.--Subsection (e) of such section, as amended by
    section 1252(b) of National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 402), is further amended by striking
    ``September 30, 2009'' and inserting ``September 30, 2011''.
    SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL
                              OF EDUCATION AND TRAINING MATERIALS AND
                              INFORMATION TECHNOLOGY TO ENHANCE
                              MILITARY INTEROPERABILITY WITH THE ARMED
                              FORCES.

        (a) Authority for Distribution.--
                (1) In general.--Subchapter I of chapter 134 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 2249d. Distribution to certain foreign personnel of
                        education and training materials and
                        information technology to enhance military
                        interoperability with the armed forces

        ``(a) Distribution Authorized.--To enhance interoperability between
    the armed forces and military forces of friendly foreign nations, the
    Secretary of Defense, with the concurrence of the Secretary of State,
    may--
                ``(1) provide to personnel referred to in subsection (b)
            electronically-distributed learning content for the education
            and training of such personnel for the development or
            enhancement of allied and friendly military and civilian
            capabilities for multinational operations, including joint
            exercises and coalition operations; and
                ``(2) provide information technology, including computer
            software developed for such purpose, but only to the extent
            necessary to support the use of such learning content for the
            education and training of such personnel.

        ``(b) Authorized Recipients.--The personnel to whom learning content
    and information technology may be provided under subsection (a) are
    military and civilian personnel of a friendly foreign government, with
    the permission of that government.
        ``(c) Education and Training.--Any education and training provided
    under subsection (a) shall include the following:
                ``(1) Internet-based education and training.
                ``(2) Advanced distributed learning and similar Internet
            learning tools, as well as distributed training and computer-
            assisted exercises.

        ``(d) Applicability of Export Control Regimes.--The provision of
    learning content and information technology under this section shall be
    subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751
    et seq.) and any other export control regime under law relating to the
    transfer of military technology to foreign nations.
        ``(e) Guidance on Utilization of Authority.--

    [[Page 122 STAT. 4624]]

                ``(1) Guidance required.--The Secretary of Defense shall
            develop and issue guidance on the procedures for the use of the
            authority in this section.
                ``(2) Modification.--If <<NOTE: Reports. Deadline.>> the
            Secretary modifies the guidance issued under paragraph (1), the
            Secretary shall submit to the appropriate committees of Congress
            a report setting forth the modified guidance not later than 30
            days after the date of such modification.

        ``(f) Annual Report.--
                ``(1) Report required.--Not later than October 31 following
            each fiscal year in which the authority in this section is used,
            the Secretary of Defense shall submit to the appropriate
            committees of Congress a report on the exercise of the authority
            during such fiscal year.
                ``(2) Elements.--Each report under paragraph (1) shall
            include, for the fiscal year covered by such report, the
            following:
                        ``(A) A statement of the recipients of learning
                    content and information technology provided under this
                    section.
                        ``(B) A description of the type, quantity, and value
                    of the learning content and information technology
                    provided under this section.

        ``(g) Appropriate Committees of Congress Defined.--In this section,
    the term `appropriate committees of Congress' means--
                ``(1) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate; and
                ``(2) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter I of chapter 134 of such title is
            amended by adding at the end the following new item:

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

        (b) Guidance <<NOTE: 10 USC 2249d note.>> on Utilization of
    Authority.--
                (1) Submittal to congress.--Not <<NOTE: Deadline.>> later
            than 30 days after issuing the guidance required by section
            2249d(e) of title 10, United States Code, as added by subsection
            (a), the Secretary of Defense shall submit to the Committees on
            Armed Services of the Senate and the House of Representatives a
            report setting forth such guidance.
                (2) Utilization of similar guidance.--In developing the
            guidance required by section 2249d(e) of title 10, United States
            Code, as so added, the Secretary may utilize applicable portions
            of the current guidance developed by the Secretary under
            subsection (f) of section 1207 of the John Warner National
            Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
            364; 120 Stat. 2419) for purposes of the exercise of the
            authority in such section 1207.

        (c) Repeal of Superseded Authority.--
                (1) In general.--Section 1207 of the John Warner National
            Defense Authorization Act for Fiscal Year <<NOTE: 120 Stat.
            2419.>> 2007 is repealed.
                (2) Submittal of final report on exercise of authority.--If
            the Secretary of Defense exercised the authority in section 1207
            of the John Warner National Defense Authorization Act for Fiscal
            Year 2007 during fiscal year 2008, the Secretary shall submit
            the report required by subsection (g) of such section for such
            fiscal year in accordance with the

    [[Page 122 STAT. 4625]]

            provisions of such subsection (g) without regard to the repeal
            of such section under paragraph (1).

        (d) Effective <<NOTE: 10 USC 2249d note.>> Date.--This section and
    the amendments made by this section shall take effect on October 1,
    2008.
    SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
                              PROGRAM TO BUILD THE CAPACITY OF FOREIGN
                              MILITARY FORCES.

        (a) Building of Capacity of Additional Foreign Forces.--Subsection
    (a) of section 1206 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section
    1206 of the John Warner National Defense Authorization Act for Fiscal
    Year 2007 (Public Law 109-364; 120 Stat. 2418), is further amended by
    striking ``a program'' and all that follows and inserting ``a program or
    programs as follows:
                ``(1) To build the capacity of a foreign country's national
            military forces in order for that country to--
                        ``(A) conduct counterterrorism operations; or
                        ``(B) participate in or support military and
                    stability operations in which the United States Armed
                    Forces are participating.
                ``(2) To build the capacity of a foreign country's maritime
            security forces to conduct counterterrorism operations.''.

        (b) Funding.--Subsection (c) of such section, as so amended, is
    further amended--
                (1) in paragraph (1), by striking ``$300,000,000'' and
            inserting ``$350,000,000''; and
                (2) by adding at the end the following new paragraph:
                ``(4) Availability of funds for activities across fiscal
            years.--Amounts available under this subsection for the
            authority in subsection (a) for a fiscal year may be used for
            programs under that authority that begin in such fiscal year but
            end in the next fiscal year.''.

        (c) Three-Year Extension of Authority.--Subsection (g) of such
    section, as so amended, is further amended--
                (1) by striking ``September 30, 2008'' and inserting
            ``September 30, 2011''; and
                (2) by striking ``fiscal year 2006, 2007, or 2008'' and
            inserting ``fiscal years 2006 through 2011''.

        (d) Effective Date.--The amendment made by subsection (b)(2) shall
    take effect on October 1, 2008, and shall apply with respect to programs
    under the authority in subsection (a) of section 1206 of the National
    Defense Authorization Act for Fiscal Year 2006, as so amended, that
    begin on or after that date.
    SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR
                              SECURITY AND STABILIZATION ASSISTANCE.

        (a) Prohibition on Budget Support.--Subsection (a) of section 1207
    of the National Defense Authorization Act for Fiscal Year 2006 (Public
    Law 109-163; 119 Stat. 3458) is amended--
                (1) by striking ``The Secretary of Defense'' and inserting
            the following:
                ``(1) In general.--The Secretary of Defense''; and
                (2) by adding at the end the following new paragraph:
                ``(2) Prohibition on budget support.--Nothing in this
            section shall be construed to authorize the provision of budget
            support to any foreign country.''.

    [[Page 122 STAT. 4626]]

        (b) Assistance to Georgia During Fiscal Year 2009.--Subsection (b)
    of such section is amended--
                (1) by striking ``The aggregate value'' and inserting the
            following:
                ``(1) In general.--Except as provided in paragraph (2), the
            aggregate value''; and
                (2) by adding at the end the following new paragraph:
                ``(2) Assistance to georgia during fiscal year 2009.--
                        ``(A) In general.--The Secretary of Defense is
                    authorized during fiscal year 2009 to exercise the
                    authority of subsection (a) to provide services to, and
                    transfer defense articles and funds to, the Secretary of
                    State for the purposes of facilitating the provision by
                    the Secretary of State of reconstruction, security, or
                    stabilization assistance to the country of Georgia.
                        ``(B) Limitation.--The aggregate value of all
                    services, defense articles, and funds provided or
                    transferred to the Secretary of State under this section
                    for Georgia in fiscal year 2009--
                              ``(i) may not exceed $50,000,000; and
                              ``(ii) shall not count against the dollar
                          amount limitation specified in paragraph (1) for
                          such fiscal year.''.

        (c) Extension of Authority.--Subsection (g) of such section, as
    amended by section 1210(b) of the National Defense Authorization Act for
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369), is further amended
    by striking ``September 30, 2008'' and inserting ``September 30, 2009''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2008.
    SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF
                              SPECIAL OPERATIONS TO COMBAT TERRORISM.

        (a) In General.--Subsection (a) of section 1208 of the Ronald W.
    Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
    Law 108-375; 118 Stat. 2086) is amended--
                (1) by inserting ``, with the concurrence of the relevant
            Chief of Mission,'' after ``may''; and
                (2) by striking ``$25,000,000'' and inserting
            ``$35,000,000''.

        (b) Timing of Notice on Provision of Support.--Subsection (c) of
    such section is amended by striking ``in not less than 48 hours'' and
    inserting ``within 48 hours''.
        (c) Extension.--Subsection (h) of such section, as amended by
    section 1202(c) of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended by
    striking ``2010'' and inserting ``2013''.
        (d) Technical Amendment.--The heading of such section is amended by
    striking ``military operations'' and inserting ``special operations''.
        (e) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2008.

    [[Page 122 STAT. 4627]]

    SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND
                              TRAINING OF FOREIGN MILITARY FORCES
                              UNDER REGIONAL DEFENSE COMBATING
                              TERRORISM FELLOWSHIP PROGRAM.

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

              Subtitle B--Matters Relating to Iraq and Afghanistan

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

        No funds appropriated pursuant to an authorization of appropriations
    in this Act may be obligated or expended for a purpose as follows:
                (1) To establish any military installation or base for the
            purpose of providing for the permanent stationing of United
            States Armed Forces in Iraq.
                (2) To exercise United States control of the oil resources
            of Iraq.
    SEC. 1212. <<NOTE: President.>> REPORT ON STATUS OF FORCES
                              AGREEMENTS BETWEEN THE UNITED STATES AND
                              IRAQ.

        (a) Requirement for Report.--
                (1) In general.--(A) Not later than 90 days after the date
            of the enactment of this Act, the President shall transmit to
            the appropriate congressional committees a report on any
            agreement that has been completed between the United States and
            Iraq relating to--
                        (i) the legal status of United States military
                    personnel, civilian personnel, and contractor personnel
                    of contracts awarded by any department or agency of the
                    United States Government;
                        (ii) the establishment of or access to military
                    bases;
                        (iii) the rules of engagement under which United
                    States Armed Forces operate in Iraq; and
                        (iv) any security commitment, arrangement, or
                    assurance that obligates the United States to respond to
                    internal or external threats against Iraq.
                (B) <<NOTE: Notification.>> If, on the date that is 90 days
            after the date of the enactment of this Act, no agreement
            between the United States and Iraq described in subparagraph (A)
            has been completed, the President shall notify the appropriate
            congressional committees that no such agreement has been
            completed, and shall transmit to the appropriate congressional
            committees the report required under subparagraph (A) as soon as
            practicable after such an agreement or agreements are completed.
                (2) Update of report.--The President shall transmit to the
            appropriate congressional committees an update of the report
            required under paragraph (1) whenever an agreement between the
            United States and Iraq relating to the matters described in the
            report is substantially revised.

    [[Page 122 STAT. 4628]]

        (b) Matters to Be Included.--The report required under subsection
    (a) shall include, with respect to each agreement described in
    subsection (a), the following:
                (1) A description of any conditions placed on United States
            combat operations by the Government of Iraq, including required
            coordination, if any, before such operations can be undertaken.
                (2) A description of any constraints placed on United States
            military personnel, civilian personnel, and contractor personnel
            of contracts awarded by any department or agency of the United
            States Government as a result of such conditions.
                (3) A description of the conditions under which United
            States military personnel, civilian personnel, or contractor
            personnel of contracts awarded by any department or agency of
            the United States Government could be tried by an Iraqi court
            for alleged crimes occurring both during the performance of
            official duties and during other such times, and the protections
            that such personnel would be extended in an Iraqi court, if
            applicable.
                (4) An assessment of authorities under the agreement for
            United States Armed Forces and Coalition partners to apprehend,
            detain, and interrogate prisoners and otherwise collect
            intelligence.
                (5) A description of any security commitment, arrangement,
            or assurance that obligates the United States to respond to
            internal or external threats against Iraq, including the manner
            in which such commitment, arrangement, or assurance may be
            implemented.
                (6) An assessment of any payments required under the
            agreement to be paid to the Government of Iraq or other Iraqi
            entities for rights, access, or support for bases and
            facilities.
                (7) An assessment of any payments required under the
            agreement for any claims for deaths and damages caused by United
            States military personnel, civilian personnel, and contractor
            personnel of contracts awarded by any department or agency of
            the United States Government in the performance of their
            official duties.
                (8) A description of the arrangements required under the
            agreement to resolve disputes arising over matters contained in
            the agreement or to consider changes to the agreement.
                (9) A discussion of the extent to which the agreement
            applies to other Coalition partners.
                (10) A description of how the agreement can be terminated by
            the United States or Iraq.

        (c) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives; and
                (2) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate.

        (e) Termination of Requirement.--

    [[Page 122 STAT. 4629]]

                (1) In general.--Except as provided in paragraph (2), the
            requirement to transmit the report and updates of the report
            under subsection (a) terminates on December 31, 2009.
                (2) Exception.--The requirement to transmit the report and
            updates of the report under subsection (a) terminates before
            December 31, 2009, if the following conditions are met:
                        (A) The President transmits to the appropriate
                    congressional committees the text of any agreement
                    between the United States and Iraq described in
                    subsection (a)(1)(A) and any amendment or update
                    thereto.
                        (B) <<NOTE: Deadline.>> Within 30 days of
                    transmission of the agreement, the President makes
                    available appropriate senior officials to brief the
                    appropriate congressional committees on the matters
                    covered by the agreement or any amendment or update
                    thereto.
    SEC. 1213. <<NOTE: President. 22 USC 2151 note.>> STRATEGY FOR
                              UNITED STATES-LED PROVINCIAL
                              RECONSTRUCTION TEAMS IN IRAQ.

        (a) In General.--The President shall establish and implement a
    strategy for United States-led Provincial Reconstruction Teams (PRTs),
    including embedded PRTs and Provincial Support Teams, in Iraq that
    ensures that such United States-led PRTs are--
                (1) supporting the operational and strategic goals of the
            Multi-National Force-Iraq; and
                (2) developing the capacity of national, provincial, and
            local government and other civil institutions in Iraq to assume
            increasing responsibility for the formulation, implementation,
            and oversight of reconstruction and development activities.

        (b) Elements of Strategy.--At a minimum, the strategy required under
    subsection (a) shall include--
                (1) a mission statement and clearly defined objectives for
            United States-led PRTs as a whole;
                (2) a mission statement and clearly defined objectives for
            each United States-led PRT; and
                (3) measures of effectiveness and performance indicators for
            meeting the objectives of each United States-led PRT as
            described in paragraph (2).

        (c) Report.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, and every 90 days thereafter through
            the end of fiscal year 2010, the President shall transmit to the
            appropriate congressional committees a report on the
            implementation of the strategy required under subsection (a),
            including an assessment of the specific contributions United
            States-led PRTs are making to implement the strategy. The
            initial report required under this subsection should include a
            general description of the strategy required under subsection
            (a) and a general discussion of the elements of the strategy
            required under subsection (b).
                (2) Inclusion in other report.--The report required under
            this subsection may be included in the report required by
            section 1227 of the National Defense Authorization Act for
            Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).

        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--

    [[Page 122 STAT. 4630]]

                (1) the Committee on Armed Services, the Committee on
            Appropriations, and the Committee on Foreign Affairs of the
            House of Representatives; and
                (2) the Committee on Armed Services, the Committee on
            Appropriations, and the Committee on Foreign Relations of the
            Senate.
    SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

        (a) Authority for Fiscal Years 2008 and 2009.--Subsection (a) of
    section 1202 of the National Defense Authorization Act for Fiscal Year
    2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205 of
    the National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 122 Stat. 366), is further amended in the matter preceding
    paragraph (1)--
                (1) by striking ``$977,441,000'' and inserting
            ``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in
            fiscal year 2009,''; and
                (2) by striking ``in such fiscal year''.

        (b) Quarterly Reports.--Subsection (b) of such section, as so
    amended, is further amended--
                (1) in the heading, by inserting ``and Briefings'' after
            ``Reports'';
                (2) by striking ``Not later than'' and inserting the
            following:
                ``(1) In general.--Not later than''; and
                (3) by adding at the end the following new paragraphs:
                ``(2) Additional matters to be included.--In addition to the
            information described in paragraph (1), each report required
            under paragraph (1) that contains information on projects
            carried out using funds authorized under the Commanders'
            Emergency Response Program in Iraq shall include the following:
                        ``(A) A listing of each project for which amounts in
                    excess of $500,000 provided through the Commanders'
                    Emergency Response Program in Iraq were expended.
                        ``(B) A written statement by the Secretary of
                    Defense, or the Deputy Secretary of Defense if the
                    authority under subsection (f) is delegated to the
                    Deputy Secretary of Defense, affirming that the
                    certification required under subsection (f) was issued
                    for each project in Iraq for which amounts in excess of
                    $1,000,000 provided through the Commanders' Emergency
                    Response Program in Iraq were expended.
                        ``(C) For each project listed in subparagraph (A),
                    the following information:
                              ``(i) A description and justification for
                          carrying out the project
                              ``(ii) A description of the extent of
                          involvement by the Government of Iraq in the
                          project, including--
                                        ``(I) the amount of funds provided
                                    by the Government of Iraq for the
                                    project; and
                                        ``(II) a description of the plan for
                                    the transition of such project upon
                                    completion to the people of Iraq and for
                                    the sustainment of any completed
                                    facilities, including any commitments by
                                    the Government of Iraq to sustain
                                    projects requiring the support of the
                                    Government of Iraq for sustainment.

    [[Page 122 STAT. 4631]]

                              ``(iii) A description of the current status of
                          the project, including, where appropriate, the
                          projected completion date.
                        ``(D) A description of the status of transitioning
                    activities carried out under the Commanders' Emergency
                    Response Program in Iraq to the Government of Iraq,
                    including--
                              ``(i) the level of funding provided by the
                          Government of Iraq for the Government of Iraq
                          Commanders' Emergency Response Program (commonly
                          known as `I-CERP');
                              ``(ii) the level of funding provided and
                          expended by the Government of Iraq in other
                          programs designed to meet urgent humanitarian
                          relief and reconstruction requirements that
                          immediately assist the Iraqi people; and
                              ``(iii) a description of the progress made in
                          transitioning the responsibility for the Sons of
                          Iraq Program to the Government of Iraq.
                ``(3) Briefings.--Not <<NOTE: Deadline.>> later than 15 days
            after the submission of each report under paragraph (1),
            appropriate officials of the Department of Defense shall meet
            with the congressional defense committees to brief such
            committees on the matters contained in the report.''.

        (c) Prohibition on Certain Projects Under the Commanders' Emergency
    Response Program in Iraq.--Such section, as so amended, is further
    amended--
                (1) by redesignating subsection (e) as subsection (f); and
                (2) by inserting after subsection (d) the following new
            subsection:

        ``(e) Prohibition on Certain Projects Under the Commanders'
    Emergency Response Program in Iraq.--
                ``(1) Prohibition.--Except as provided in paragraph (2),
            funds made available under this section for the Commanders'
            Emergency Response Program in Iraq may not be obligated or
            expended to carry out any project commenced after the date of
            the enactment of the Duncan Hunter National Defense
            Authorization Act for Fiscal Year 2009 if the total amount of
            such funds made available for the purpose of carrying out the
            project exceeds $2,000,000.
                ``(2) Exception.--The prohibition contained in paragraph (1)
            shall not apply with respect to funds managed or controlled by
            the Department of Defense that were otherwise provided by
            another department or agency of the United States Government,
            the Government of Iraq, the government of a foreign country, a
            foundation or other charitable organization (including a
            foundation or charitable organization that is organized or
            operates under the laws of a foreign country), or any source in
            the private sector of the United States or a foreign country.
                ``(3) Waiver.--The Secretary of Defense may waive the
            prohibition contained in paragraph (1) if the Secretary of
            Defense--
                        ``(A) determines that such a waiver is required to
                    meet urgent humanitarian relief and reconstruction
                    requirements that will immediately assist the Iraqi
                    people; and

    [[Page 122 STAT. 4632]]

                        ``(B) submits <<NOTE: Deadline. Notification.>> in
                    writing, within 15 days of issuing such waiver, to the
                    congressional defense committees a notification of the
                    waiver, together with a discussion of--
                              ``(i) the unmet and urgent needs to be
                          addressed by the project; and
                              ``(ii) any arrangements between the Government
                          of the United States and the Government of Iraq
                          regarding the provision of Iraqi funds for
                          carrying out and sustaining the project .''.

        (d) Certification on Certain Projects Under the Commanders'
    Emergency Response Program in Iraq.--Such section, as so amended, is
    further amended--
                (1) by redesignating subsection (f), as redesignated by
            subsection (c) of this section, as subsection (g); and
                (2) by inserting after subsection (e), as added by
            subsection (c) of this section, the following new subsection:

        ``(f) Certification on Certain Projects Under the Commanders'
    Emergency Response Program in Iraq.--
                ``(1) Certification.--Funds made available under this
            section for the Commanders' Emergency Response Program in Iraq
            may not be obligated or expended to carry out any project
            commenced after the date of the enactment of the Duncan Hunter
            National Defense Authorization Act for Fiscal Year 2009 if the
            total amount of such funds made available for the purpose of
            carrying out the project exceeds $1,000,000 unless the Secretary
            of Defense certifies that the project addresses urgent
            humanitarian relief and reconstruction requirements that will
            immediately assist the Iraqi people.
                ``(2) Delegation.--The Secretary may delegate the authority
            under paragraph (1) to the Deputy Secretary of Defense.''.

        (e) Sense of Congress.--It is the sense of Congress that the
    Government of Iraq should assume increasing responsibility for funding
    and carrying out projects currently funded by the United States through
    the Commanders' Emergency Response Program, and should assume all costs
    associated with the Sons of Iraq program as expeditiously as possible.
    SEC. 1215. <<NOTE: 22 USC 7513 note.>> PERFORMANCE MONITORING
                              SYSTEM FOR UNITED STATES-LED PROVINCIAL
                              RECONSTRUCTION TEAMS IN AFGHANISTAN.

        (a) In General.--The <<NOTE: President.>> President, acting through
    the Secretary of Defense and the Secretary of State, shall develop and
    implement a system to monitor the performance of United States-led
    Provincial Reconstruction Teams (PRTs) in Afghanistan.

        (b) Elements of Performance Monitoring System.--The performance
    monitoring system required under subsection (a) shall include--
                (1) PRT-specific work plans that incorporate the long-term
            strategy, mission, and clearly defined objectives required by
            section 1230(c)(3) of the National Defense Authorization Act for
            Fiscal Year 2008 (Public Law 110-181; 122 Stat. 386), and
            include plans for developing the capacity of national,
            provincial, and local government and other civil institutions in
            Afghanistan to assume increasing responsibility for the
            formulation, implementation, and oversight of reconstruction and
            development activities; and

    [[Page 122 STAT. 4633]]

                (2) comprehensive performance indicators and measures of
            progress toward sustainable long-term security and stability in
            Afghanistan, and include performance standards and progress
            goals together with a notional timetable for achieving such
            goals, consistent with the requirements of section 1230(d) of
            the National Defense Authorization Act for Fiscal Year 2008
            (Public Law 110-181; 122 Stat. 388).

        (c) Report.--Not <<NOTE: President.>> 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. <<NOTE: 10 USC 113 note.>> REPORT ON COMMAND AND
                              CONTROL STRUCTURE FOR MILITARY FORCES
                              OPERATING IN AFGHANISTAN.

        (a) Report Required.--Not later than 60 days after the date of the
    enactment of this Act, or December 1, 2008, whichever occurs later, the
    Secretary of Defense shall submit to the appropriate congressional
    committees a report on the command and control structure for military
    forces operating in Afghanistan.
        (b) Matters to Be Included.--The report required under subsection
    (a) shall include the following:
                (1) A detailed description of efforts by the Secretary of
            Defense, in coordination with senior leaders of NATO ISAF
            forces, including the commander of NATO ISAF forces, to modify
            the chain of command structure for military forces operating in
            Afghanistan to better coordinate and de-conflict military
            operations and achieve unity of command whenever possible in
            Afghanistan, and the results of such efforts, including--
                        (A) any United States or NATO ISAF plan for
                    improving the command and control structure for military
                    forces operating in Afghanistan; and
                        (B) any efforts to establish a headquarters in
                    Afghanistan that is led by a commander--
                              (i) with command authority over NATO ISAF
                          forces and separate United States forces operating
                          under Operation Enduring Freedom and charged with
                          closely coordinating the efforts of such forces;
                          and
                              (ii) responsible for coordinating other United
                          States and international security efforts in
                          Afghanistan.
                (2) A description of how rules of engagement are determined
            and managed for United States forces operating under NATO ISAF
            or Operation Enduring Freedom, and a description of any key
            differences between rules of engagement for NATO ISAF forces and
            separate United States forces operating under Operation Enduring
            Freedom.

    [[Page 122 STAT. 4634]]

                (3) An assessment of how any modifications to the command
            and control structure for military forces operating in
            Afghanistan would impact coordination of military and civilian
            efforts in Afghanistan.

        (c) Update of Report.--The Secretary of Defense shall submit to the
    appropriate congressional committees an update of the report required
    under subsection (a) as warranted by any modifications to the command
    and control structure for military forces operating in Afghanistan as
    described in the report.
        (d) Form.--The report required under subsection (a) and any update
    of the report required under subsection (c) shall be submitted in an
    unclassified form, but may include a classified annex, if necessary.
        (e) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives; and
                (2) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate.
    SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE
                              REGION ALONG THE BORDER OF AFGHANISTAN
                              AND PAKISTAN.

        (a) Additional Reports Required.--Subsection (a) of section 1232 of
    the National Defense Authorization Act for Fiscal Year 2008 (Public Law
    110-181; 122 Stat. 392) is amended--
                (1) in the heading of paragraph (1), by striking ``In
            general'' and inserting ``Initial report'';
                (2) by striking paragraph (4);
                (3) by redesignating paragraph (3) as paragraph (4); and
                (4) by inserting after paragraph (2) the following new
            paragraph:
                ``(3) Subsequent reports.--Concurrent with the submission of
            each report submitted under section 1230 after the date of the
            enactment of the Duncan Hunter National Defense Authorization
            Act for Fiscal Year 2009, the Secretary of Defense, in
            consultation with the Secretary of State, shall submit to the
            appropriate congressional committees, a report on enhancing
            security and stability in the region along the border of
            Afghanistan and Pakistan. Each such report shall include the
            following:
                        ``(A) A description of the matters required to be
                    included in the initial report required under paragraph
                    (1).
                        ``(B) A description of any peace agreements between
                    the Government of Pakistan and tribal leaders from
                    regions along the Afghanistan-Pakistan border that
                    contain commitments to prevent cross-border incursions
                    into Afghanistan and any mechanisms in such agreements
                    to enforce such commitments.
                        ``(C) An assessment of the effectiveness of such
                    peace agreements in preventing cross-border incursions
                    and of the Government of Pakistan in enforcing those
                    agreements.''.

        (b) Copy of Notification Relating to Department of Defense Coalition
    Support Funds for Pakistan.--Subsection

    [[Page 122 STAT. 4635]]

    (b)(1) of such section is amended by adding at the end the following new
    subparagraph:
                        ``(C) Copy of notification.--The Secretary of
                    Defense shall submit to the Committee on Foreign Affairs
                    of the House of Representatives and the Committee on
                    Foreign Relations of the Senate a copy of each
                    notification required under subparagraph (A).''.

        (c) Additional Information on Department of Defense Coalition
    Support Funds for Pakistan.--Subsection (b) of such section is amended--
                (1) by redesignating paragraph (5) as paragraph (6); and
                (2) by inserting after paragraph (4) the following new
            paragraph:
                ``(5) Requirement to submit information relating to claims
            disallowed or deferred by the united states.--
                        ``(A) In general.--The Secretary of Defense shall
                    submit, in the manner specified in subparagraph (B), an
                    itemized description of the costs claimed by the
                    Government of Pakistan for logistical, military, or
                    other support provided by Pakistan to the United States
                    for which the United States will disallow or defer
                    reimbursement to the Government of Pakistan under the
                    authority of any provision of law described in paragraph
                    (1)(B).
                        ``(B) Manner of submission.--
                              ``(i) In general.--To the maximum extent
                          practicable, the Secretary shall submit each
                          itemized description of costs required under
                          subparagraph (A) as part of the notification
                          required under paragraph (1).
                              ``(ii) Alternative submission.--To the extent
                          that an itemized description of costs required
                          under subparagraph (A) is not submitted in
                          accordance with clause (i), the Secretary shall
                          submit such description not later than 180 days
                          after the date on which a decision to disallow or
                          defer reimbursement for the costs claimed is made.
                        ``(C) Form.--Each itemized description of costs
                    required under subparagraph (B) shall be submitted in an
                    unclassified form, but may include a classified annex,
                    if necessary.''.

        (d) Extension of Notification Requirement Relating to Department of
    Defense Coalition Support Funds for Pakistan.--Subsection (b)(6) of such
    section, as redesignated by subsection (c) of this section, is amended
    by striking ``September 30, 2009'' and inserting ``September 30, 2010''.
        (e) Report Relating to Department of Defense Coalition Support Funds
    for Pakistan.--Such section is further amended by adding at the end the
    following new subsection:
        ``(c) Report Relating to Department of Defense Coalition Support
    Funds for Pakistan.--
                ``(1) Report required.--Not later than 180 days after the
            date of the enactment of the Duncan Hunter National Defense
            Authorization Act for Fiscal Year 2009, the Secretary of Defense
            shall submit to the appropriate congressional committees a
            report that contains a detailed description of efforts by the
            Secretary of Defense to address the findings and implement the
            recommendations made by the Government Accountability Office in
            its report entitled `Combating Terrorism: Increased

    [[Page 122 STAT. 4636]]

            Oversight and Accountability Needed Over Pakistan Reimbursement
            Claims for Coalition Support Funds' (GAO-08-806; June 24, 2008).
                ``(2) Appropriate congressional committee defined.--In this
            subsection, the term `appropriate congressional committees' has
            the meaning given the term in subsection (a)(5).''.
    SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO TRAIN,
                              ASSIST, AND ADVISE UNITS OF THE IRAQI
                              POLICE SERVICE.

        (a) Study and Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense, in consultation with
    the Secretary of State and the Government of Iraq, shall conduct a study
    and submit to the appropriate congressional committees a report
    containing the recommendations of the Secretary of Defense on--
                (1) the number of personnel required for Police Transition
            Teams to train, assist, and advise units of the Iraqi Police
            Service in fiscal year 2009 and in fiscal year 2010;
                (2) the funding required to support the level of personnel
            described in paragraph (1) in fiscal year 2009 and in fiscal
            year 2010; and
                (3) the feasibility of transferring responsibility for the
            provision of the personnel described in paragraph (1) and the
            support described in paragraph (2) from the Department of
            Defense to the Department of State.

        (b) Form.--The report required under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex if
    required.
        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Armed Services and the Committee on
            Foreign Affairs of the House of Representatives; and
                (2) the Committee on Armed Services and the Committee on
            Foreign Relations of the Senate.

                            Subtitle C--Other Matters

    SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL
                              COOPERATION PROGRAMS.

        (a) Expansion of Authority for Bilateral and Regional Programs to
    Cover Multilateral Programs.--Section 1051 of title 10, United States
    Code, is amended--
                (1) in subsection (a), by striking ``a bilateral'' and
            inserting ``a multilateral, bilateral,''; and
                (2) in subsection (b)--
                        (A) in paragraph (1)--
                              (i) by striking ``to and'' and inserting ``to,
                          from, and''; and
                              (ii) by striking ``bilateral'' and inserting
                          ``multilateral, bilateral,''; and
                        (B) in paragraph (2), by striking ``bilateral'' and
                    inserting ``multilateral, bilateral,''.

        (b) Availability of Funds for Programs and Activities Across Fiscal
    Years.--

    [[Page 122 STAT. 4637]]

                (1) In general.--Such section is further amended by adding
            at the end the following new subsection:

        ``(e) Funds available to carry out this section shall be available,
    to the extent provided in appropriations Acts, for programs and
    activities under this section that begin in a fiscal year and end in the
    following fiscal year.''.
                (2) Effective <<NOTE: 10 USC 1051 note.>> date.--The
            amendment made by paragraph (1) shall take effect on October 1,
            2008, and shall apply with respect to programs and activities
            under section 1051 of title 10, United States Code, as so
            amended, that begin on or after that date.

        (c) Conforming and Clerical Amendments.--
                (1) Heading amendment.--The heading of such section is
            amended to read as follows:
    ``Sec. 1051. Multilateral, bilateral, or regional cooperation
                      programs: payment of personnel expenses''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 53 of such title is amended by striking the
            item relating to section 1051 and inserting the following new
            item:

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

    SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN
                              MULTINATIONAL MILITARY CENTERS OF
                              EXCELLENCE.

        (a) Participation Authorized.--
                (1) In general.--Subchapter II of chapter 138 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 2350m. Participation in multinational military centers of
                        excellence

        ``(a) Participation Authorized.--The Secretary of Defense may, with
    the concurrence of the Secretary of State, authorize the participation
    of members of the armed forces and Department of Defense civilian
    personnel in any multinational military center of excellence for
    purposes of--
                ``(1) enhancing the ability of military forces and civilian
            personnel of the nations participating in such center to engage
            in joint exercises or coalition or international military
            operations; or
                ``(2) improving interoperability between the armed forces
            and the military forces of friendly foreign nations.

        ``(b) Memorandum of Understanding.--(1) The participation of members
    of the armed forces or Department of Defense civilian personnel in a
    multinational military center of excellence under subsection (a) shall
    be in accordance with the terms of one or more memoranda of
    understanding entered into by the Secretary of Defense, with the
    concurrence of the Secretary of State, and the foreign nation or nations
    concerned.
        ``(2) If Department of Defense facilities, equipment, or funds are
    used to support a multinational military center of excellence under
    subsection (a), the memoranda of understanding under paragraph (1) with
    respect to that center shall provide details of any cost-sharing
    arrangement or other funding arrangement.

    [[Page 122 STAT. 4638]]

        ``(c) Availability of Appropriated Funds.--(1) Funds appropriated to
    the Department of Defense for operation and maintenance are available as
    follows:
                ``(A) To pay the United States share of the operating
            expenses of any multinational military center of excellence in
            which the United States participates under this section.
                ``(B) To pay the costs of the participation of members of
            the armed forces and Department of Defense civilian personnel in
            multinational military centers of excellence under this section,
            including the costs of expenses of such participants.

        ``(2) No funds may be used under this section to fund the pay or
    salaries of members of the armed forces and Department of Defense
    civilian personnel who participate in multinational military centers of
    excellence under this section.
        ``(d) Use of Department of Defense Facilities and Equipment.--
    Facilities and equipment of the Department of Defense may be used for
    purposes of the support of multinational military centers of excellence
    under this section that are hosted by the Department.
        ``(e) Annual Reports on Use of Authority.--(1) Not later than
    October 31, 2009, and annually thereafter, the Secretary of Defense
    shall submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a report on
    the use of the authority in this section during the preceding fiscal
    year.
        ``(2) Each report required by paragraph (1) shall include, for the
    fiscal year covered by such report, the following:
                ``(A) A detailed description of the participation of the
            Department of Defense, and of members of the armed forces and
            civilian personnel of the Department, in multinational military
            centers of excellence under the authority of this section.
                ``(B) For each multinational military center of excellence
            in which the Department of Defense, or members of the armed
            forces or civilian personnel of the Department, so
            participated--
                        ``(i) a description of such multinational military
                    center of excellence;
                        ``(ii) a description of the activities participated
                    in by the Department, or by members of the armed forces
                    or civilian personnel of the Department; and
                        ``(iii) a statement of the costs of the Department
                    for such participation, including--
                              ``(I) a statement of the United States share
                          of the expenses of such center and a statement of
                          the percentage of the United States share of the
                          expenses of such center to the total expenses of
                          such center; and
                              ``(II) a statement of the amount of such costs
                          (including a separate statement of the amount of
                          costs paid for under the authority of this section
                          by category of costs).

        ``(f) Multinational Military Center of Excellence Defined.--In this
    section, the term `multinational military center of excellence' means an
    entity sponsored by one or more nations that is accredited and approved
    by the Military Committee of the North Atlantic Treaty Organization
    (NATO) as offering recognized expertise and experience to personnel
    participating in the activities

    [[Page 122 STAT. 4639]]

    of such entity for the benefit of NATO by providing such personnel
    opportunities to--
                ``(1) enhance education and training;
                ``(2) improve interoperability and capabilities;
                ``(3) assist in the development of doctrine; and
                ``(4) validate concepts through experimentation.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter II of chapter 138 of such title is
            amended by adding at the end the following new item:

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

        (b) Repeal of Superseded Authority.--Section 1205 of the John Warner
    National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
    364; 120 Stat. 2416) is repealed.
        (c) Effective <<NOTE: 10 USC 2350m note.>> Date.--The amendments
    made by this section shall take effect on October 1, 2008.
    SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE
                              CONTRACTORS IN CERTAIN SPACE ACTIVITIES
                              OF THE PEOPLE'S REPUBLIC OF CHINA.

        (a) Review Required.--The Secretary of Defense shall conduct a
    review to determine whether there are any security risks associated with
    participation by covered contractors in certain space activities of the
    People's Republic of China.
        (b) Matters to Be Included.--The review required under subsection
    (a) shall include, at a minimum, a review of the following:
                (1) Whether there have been any incidents with respect to
            which a determination has been made that an improper disclosure
            of covered information by a covered contractor has occurred
            during the five-year period ending on the date of the enactment
            of this Act.
                (2) The increase, if any, in the number of covered
            contractors expected to occur during the 5-year period beginning
            on the date of the enactment of this Act.
                (3) The extent to which the policies and procedures of the
            Department of Defense are sufficient to protect against the
            improper disclosure of covered information by a covered
            contractor during the 5-year period beginning on the date of the
            enactment of this Act.
                (4) The Secretary's conclusions regarding awards of
            contracts by the Department of Defense to covered contractors
            after the date of the enactment of this Act.
                (5) Any other matters that the Secretary determines to be
            appropriate to include in the review.

        (c) Cooperation From Other Departments and Agencies.--The Secretary
    of State, the Director of National Intelligence, and the head of any
    other United States Government department or agency shall cooperate in a
    complete and timely manner to provide the Secretary of Defense with data
    and other information necessary for the Secretary of Defense to carry
    out the review required under subsection (a).
        (d) Report.--
                (1) In general.--Not later than March 1, 2009, the Secretary
            of Defense shall submit to the congressional defense committees
            a report on the review required under subsection (a).

    [[Page 122 STAT. 4640]]

                (2) Form.--The report required under this subsection shall
            include a summary in unclassified form to the maximum extent
            practicable.

        (e) Definitions.--In this section:
                (1) Certain space activities of the people's republic of
            china.--The term ``certain space activities of the People's
            Republic of China'' means--
                        (A) the development or manufacture of satellites for
                    launch from the People's Republic of China; and
                        (B) the launch of satellites from the People's
                    Republic of China.
                (2) Covered contractor.--The term ``covered contractor''
            means a contractor of the Department of Defense, and any
            subcontractor (at any tier) of the contractor, that--
                        (A) has access to covered information; and
                        (B) participates, or is part of a joint venture that
                    participates, or whose parent, sister, subsidiary, or
                    affiliate company participates, in certain space
                    activities in the People's Republic of China.
                (3) Covered information.--The term ``covered information''
            means classified information and sensitive controlled
            unclassified information obtained under contracts (or
            subcontracts of such contracts) of the Department of Defense.
    SEC. 1234. <<NOTE: 50 USC 2367 note.>> REPORT ON IRAN'S CAPABILITY
                              TO PRODUCE NUCLEAR WEAPONS.

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, and annually thereafter, the Director of National
    Intelligence shall submit to Congress a report on Iran's capability to
    produce nuclear weapons. The report required under this subsection may
    be submitted in classified form.
        (b) Matters to Be Included.--The report required under subsection
    (a) shall include the following:
                (1) The locations, types, and number of centrifuges and
            other specialized equipment necessary for the enrichment of
            uranium and any plans to acquire, manufacture, and operate such
            equipment in the future.
                (2) An estimate of the amount, if any, of highly enriched
            uranium and weapons grade plutonium acquired or produced to
            date, an estimate of the amount of weapons grade plutonium that
            is likely to be produced or acquired in the near- and midterms
            and the amount of highly enriched uranium that is likely to be
            produced or acquired in the near- and midterms, and the number
            of nuclear weapons that could be produced with such materials.
                (3) A evaluation of the extent to which security and
            safeguards at any nuclear site prevent, slow, verify, or help
            monitor the enrichment of uranium or the reprocessing of
            plutonium into weapons-grade materials.
                (4) A description of any weaponization activities, such as
            the research, design, development, or testing of nuclear weapons
            or weapons-related components.
                (5) A description of any programs to construct, acquire,
            test, or improve methods to deliver nuclear weapons, including
            an assessment of the likely progress of such programs in the
            near- and mid-terms.

    [[Page 122 STAT. 4641]]

                (6) A summary of assessments made by allies of the United
            States of Iran's nuclear weapons program and nuclear-capable
            delivery systems programs.

        (c) Notification.--The <<NOTE: President.>> President shall notify
    Congress, in writing, within 15 days of determining that--
                (1) Iran has resumed a nuclear weapons program;
                (2) Iran has met or surpassed any major milestone in its
            nuclear weapons program; or
                (3) Iran has undertaken to accelerate, decelerate, or cease
            the development of any significant element within its nuclear
            weapons program.
    SEC. 1235. <<NOTE: 10 USC 1580 note.>> EMPLOYMENT FOR RESETTLED
                              IRAQIS.

        (a) In General.--The Secretary of Defense and the Secretary of State
    are authorized to jointly establish and operate a temporary program to
    offer employment as translators, interpreters, or cultural awareness
    instructors to individuals described in subsection (b). Individuals
    described in such subsection may be appointed to temporary positions of
    one year or less outside Iraq with either the Department of Defense or
    the Department of State, without competition and without regard for the
    provisions of chapter 51 and subchapter III of chapter 53 of title 5,
    United States Code. Such individuals may also be hired as personal
    services contractors by either of such Departments to provide
    translation, interpreting, or cultural awareness instruction, except
    that such individuals so hired shall not by virtue of such employment be
    considered employees of the United States Government, except for
    purposes of chapter 81 of title 5, United States Code, and chapter 171
    of title 28, United States Code.
        (b) Eligibility.--Individuals referred to in subsection (a) are
    Iraqi nationals who--
                (1) have received a special immigrant visa issued pursuant
            to section 1059 of the National Defense Authorization Act for
            Fiscal Year 2006 (Public Law 109-163) or section 1244 of the
            National Defense Authorization Act for Fiscal Year 2008 (Public
            Law 110-181); and
                (2) are lawfully present in the United States.

        (c) Funding.--
                (1) In general.--Except as provided in paragraph (2), the
            program established under subsection (a) shall be funded from
            the annual general operating budget of the Department of
            Defense.
                (2) Exception.--The Secretary of State shall reimburse the
            Department of Defense for any costs associated with individuals
            described in subsection (b) whose work is for or on behalf of
            the Department of State.

        (d) Rule of Construction Regarding Access to Classified
    Information.--Nothing in this section may be construed as affecting in
    any manner practices and procedures regarding the handling of or access
    to classified information.
        (e) Information Sharing.--The Secretary of Defense and the Secretary
    of State shall work with the Secretary of Homeland Security and the
    Office of Refugee Resettlement of the Department of Health and Human
    Services to ensure that individuals described in subsection (b) are
    informed of the program established under subsection (a).

    [[Page 122 STAT. 4642]]

        (f) Regulation.--The Secretary of Defense, jointly with the
    Secretary of State and with the concurrence of the Director of the
    Office of Personnel Management, shall prescribe such regulations as are
    necessary to carry out the program established under subsection (a),
    including ensuring the suitability for employment described in
    subsection (a) of individuals described in subsection (b), determining
    the number of positions, and establishing pay scales and hiring
    procedures.
        (g) Termination.--
                (1) In general.--Except as provided in paragraph (2), the
            program established under subsection (a) shall terminate on
            December 31, 2014.
                (2) Earlier termination.--
            If <<NOTE: Notification. Deadline.>> the Secretary of Defense,
            jointly with the Secretary of State, determines that the program
            established under subsection (a) should terminate before the
            date specified in paragraph (1), the Secretaries may terminate
            the program if the Secretaries notify Congress in writing of
            such termination at least 180 days before such termination.
    SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON
                              CLAIMS RELATING TO THE BOMBING OF THE
                              LABELLE DISCOTHEQUE.

        Section 1225(b) of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended by section
    1261(1)(B) of the National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 405), is further amended--
                (1) in paragraph (2)--
                        (A) <<NOTE: Deadlines.>> by striking ``Not later
                    than one year after enactment of this Act, and not later
                    than two years after enactment of this Act'' and
                    inserting ``Not later than 90 days after the date of the
                    enactment of the Duncan Hunter National Defense
                    Authorization Act for Fiscal Year 2009, and every 180
                    days thereafter''; and
                        (B) by adding at the end the following new sentence:
                    ``Each update under this paragraph after the date of the
                    enactment of the Duncan Hunter National Defense
                    Authorization Act for Fiscal Year 2009 shall be
                    submitted in unclassified form, but may include a
                    classified annex.''; and
                (2) by adding at the end the following new paragraph:
                ``(3) Termination.--The requirement to submit updates under
            paragraph (2) shall terminate upon submission by the Secretary
            of State to Congress of the certification described in section
            5(a)(2) of the Libya Claims Resolution Act (Public Law 110-301;
            122 Stat. 3000).''.
    SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP
                              AUTHORITIES.

        (a) In General.--Not later than December 31, 2010, the Secretary of
    Defense and the Secretary of State shall jointly submit to the
    appropriate committees of Congress a report on the implementation of the
    Building Global Partnership authorities during the period beginning on
    the date of the enactment of this Act and ending on September 30, 2010.
        (b) Elements.--The report required by subsection (a) shall include
    the following:

    [[Page 122 STAT. 4643]]

                (1) A detailed summary of the programs conducted under the
            Building Global Partnership authorities during the period
            covered by the report, including, for each country receiving
            assistance under such a program, a description of the assistance
            provided and its cost.
                (2) An assessment of the impact of the assistance provided
            under the Building Global Partnership authorities with respect
            to each country receiving assistance under such authorities.
                (3) A description of--
                        (A) the processes used by the Department of Defense
                    and the Department of State to jointly formulate,
                    prioritize, and select projects to be funded under the
                    Building Global Partnership authorities; and
                        (B) the processes, if any, used by the Department of
                    Defense and the Department of State to evaluate the
                    success of each project so funded after its completion.
                (4) A statement of the projects initiated under the Building
            Global Partnership authorities that were subsequently
            transitioned to and sustained under the authorities of the
            Foreign Assistance Act of 1961 or other authorities.
                (5) An assessment of the utility of the Building Global
            Partnership authorities, and of any gaps in such authorities,
            including an assessment of the feasability and advisability of
            continuing such authorities beyond their current dates of
            expiration (whether in their current form or with such
            modifications as the Secretary of Defense and the Secretary of
            State jointly consider appropriate).

        (c) Definitions.--In this section:
                (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means--
                        (A) the Committee on Armed Services, the Committee
                    on Appropriations, and the Committee on Foreign
                    Relations of the Senate; and
                        (B) the Committee on Armed Services, the Committee
                    on Appropriations, and the Committee on Foreign Affairs
                    of the House of Representatives.
                (2) Building global partnership authorities.--The term
            ``Building Global Partnership authorities'' means the following:
                        (A) Authority for building capacity of foreign
                    military forces.--The authorities provided in section
                    1206 of the National Defense Authorization Act for
                    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456),
                    as amended by section 1206 of the John Warner National
                    Defense Authorization Act for Fiscal Year 2007 (Public
                    Law 109-364; 120 Stat. 2418) and section 1206 of this
                    Act.
                        (B) Authority for security and stabilization
                    assistance.--The authorities provided in section 1207 of
                    the National Defense Authorization Act for Fiscal Year
                    2006 (119 Stat. 3458), as amended by section 1210 of the
                    National Defense Authorization Act for Fiscal Year 2008
                    (Public Law 110-181; 122 Stat. 369) and section 1207 of
                    this Act.
                        (C) Civic assistance authorities under combatant
                    commander initiative fund.--The authority to engage in
                    urgent and unanticipated civic assistance under the
                    Combatant Commander Initiative Fund under section
                    166a(b)(6) of title 10, United States Code, as a result
                    of

    [[Page 122 STAT. 4644]]

                    the amendments made by section 902 of the John Warner
                    National Defense Authorization Act for Fiscal Year 2007
                    (120 Stat. 2351).
    SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT
                              CERTAIN ANNUAL REPORTS TO CONGRESS
                              REGARDING ALLIED CONTRIBUTIONS TO THE
                              COMMON DEFENSE.

        (a) Modification of Certain Reports on Allied Contributions to the
    Common Defense.--Section 1003 of the Department of Defense Authorization
    Act, 1985 (Public Law 98-525; 98 Stat. 2576) <<NOTE: 22 USC 1928
    note.>> is amended--
                (1) by striking subsections (c) and (d); and
                (2) adding at the end the following new subsections:

        ``(c) The Secretary of Defense shall submit to the Committee on
    Armed Services of the Senate and the Committee on Armed Services of the
    House of Representatives each year, not later than March 1, a report
    containing a description of--
                ``(1) annual defense spending by each member nation of NATO,
            by each member nation of the Euro-Atlantic Partnership Council
            (EAPC), and by Japan, including available nominal budget figures
            and defense spending as a percentage of the respective nation's
            gross domestic product for the fiscal year immediately preceding
            the fiscal year in which the report is submitted;
                ``(2) activities of each NATO member nation, each EAPC
            member nation, and Japan to contribute to military or stability
            operations in which the United States Armed Forces are a
            participant;
                ``(3) any limitations that such nations place on the use of
            their national contributions described in paragraph (2); and
                ``(4) any actions undertaken by the United States Government
            to minimize those limitations described in paragraph (3).

        ``(d) The report required under subsection (c) shall be submitted in
    unclassified form, but may include a classified annex.''
        (b) Repeal of Report on Cost-Sharing.--Section 1313 of the National
    Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
    337; <<NOTE: 22 USC 1928 note.>> 108 Stat. 2894) is amended--
                (1) by striking subsection (c); and
                (2) by redesignating subsection (d) as subsections (c).

                    TITLE XIII--COOPERATIVE THREAT REDUCTION

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

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

        (a) Specification of Cooperative Threat Reduction Programs.--For
    purposes of section 301 and other provisions of this Act, Cooperative
    Threat Reduction programs are the programs specified in section 1501 of
    the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
    2362 note).

    [[Page 122 STAT. 4645]]

        (b) Fiscal Year 2009 Cooperative Threat Reduction Funds Defined.--As
    used in this title, the term ``fiscal year 2009 Cooperative Threat
    Reduction funds'' means the funds appropriated pursuant to the
    authorization of appropriations in section 301 for Cooperative Threat
    Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to the
    authorization of appropriations in section 301 for Cooperative Threat
    Reduction programs shall be available for obligation for fiscal years
    2009, 2010, and 2011.
    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $434,135,000 authorized
    to be appropriated to the Department of Defense for fiscal year 2009 in
    section 301(19) for Cooperative Threat Reduction programs, the following
    amounts may be obligated for the purposes specified:
                (1) For strategic offensive arms elimination in Russia,
            $79,985,000.
                (2) For strategic nuclear arms elimination in Ukraine,
            $6,400,000.
                (3) For nuclear weapons storage security in Russia,
            $24,101,000.
                (4) For nuclear weapons transportation security in Russia,
            $40,800,000.
                (5) For weapons of mass destruction proliferation prevention
            in the states of the former Soviet Union, $59,286,000.
                (6) For biological threat reduction in the former Soviet
            Union, $184,463,000.
                (7) For chemical weapons destruction, $1,000,000.
                (8) For defense and military contacts, $8,000,000.
                (9) For new Cooperative Threat Reduction initiatives,
            $10,000,000.
                (10) For activities designated as Other Assessments/
            Administrative Costs, $20,100,000.

        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2009 Cooperative Threat Reduction funds may be
    obligated or expended for a purpose other than a purpose listed in
    paragraphs (1) through (10) of subsection (a) until 15 days after the
    date that the Secretary of Defense submits to Congress a report on the
    purpose for which the funds will be obligated or expended and the amount
    of funds to be obligated or expended. Nothing in the preceding sentence
    shall be construed as authorizing the obligation or expenditure of
    fiscal year 2009 Cooperative Threat Reduction funds for a purpose for
    which the obligation or expenditure of such funds is specifically
    prohibited under this title or any other provision of law.
        (c) Limited Authority to Vary Individual Amounts.--
                (1) In general.--Subject to paragraph (2), in any case in
            which the Secretary of Defense determines that it is necessary
            to do so in the national interest, the Secretary may obligate
            amounts appropriated for fiscal year 2009 for a purpose listed
            in paragraphs (1) through (10) of subsection (a) in excess of
            the specific amount authorized for that purpose.
                (2) Notice-and-wait required.--An obligation of funds for a
            purpose stated in paragraphs (1) through (10) of subsection (a)
            in excess of the specific amount authorized for such purpose

    [[Page 122 STAT. 4646]]

            may be made using the authority provided in paragraph (1) only
            after--
                        (A) the Secretary submits to Congress notification
                    of the intent to do so together with a complete
                    discussion of the justification for doing so; and
                        (B) 15 days have elapsed following the date of the
                    notification.

                         TITLE XIV--OTHER AUTHORIZATIONS

                          Subtitle A--Military Programs

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

                     Subtitle B--National Defense Stockpile

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

                    Subtitle C--Armed Forces Retirement Home

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

                          Subtitle A--Military Programs

    SEC. 1401. WORKING CAPITAL FUNDS.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for the use of the Armed Forces and other activities and agencies of the
    Department of Defense for providing capital for working capital and
    revolving funds in amounts as follows:
                (1) For the Defense Working Capital Funds, $198,150,000.
                (2) For the Defense Working Capital Fund, Defense
            Commissary, $1,291,084,000.
    SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

        Funds are hereby authorized to be appropriated for fiscal year 2009
    for the National Defense Sealift Fund in the amount of $1,608,572,000.
    SEC. 1403. DEFENSE HEALTH PROGRAM.

        (a) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated for the Department of Defense for fiscal year 2009 for
    expenses, not otherwise provided for, for the Defense Health Program, in
    the amount of $24,966,917,000, of which--
                (1) $24,467,074,000 is for Operation and Maintenance;
                (2) $195,938,000 is for Research, Development, Test, and
            Evaluation; and
                (3) $303,905,000 is for Procurement.

        (b) Source of Certain Funds.--Of the amount available under
    subsection (a), $1,300,000,000 shall, to the extent provided in advance
    in an Act making appropriations for fiscal year 2009, be available by
    transfer from the National Defense Stockpile Transaction Fund
    established under subsection (a) of section 9 of the Strategic and
    Critical Materials Stock Piling Act (50 U.S.C. 98h).

    [[Page 122 STAT. 4647]]

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

        (a) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated for the Department of Defense for fiscal year 2009 for
    expenses, not otherwise provided for, for Chemical Agents and Munitions
    Destruction, Defense, in the amount of $1,485,634,000, of which--
                (1) $1,152,668,000 is for Operation and Maintenance;
                (2) $268,881,000 is for Research, Development, Test, and
            Evaluation; and
                (3) $64,085,000 is for Procurement.

        (b) Use.--Amounts authorized to be appropriated under subsection (a)
    are authorized for--
                (1) the destruction of lethal chemical agents and munitions
            in accordance with section 1412 of the Department of Defense
            Authorization Act, 1986 (50 U.S.C. 1521); and
                (2) the destruction of chemical warfare materiel of the
            United States that is not covered by section 1412 of such Act.
    SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
                              WIDE.

        Funds are hereby authorized to be appropriated for the Department of
    Defense for fiscal year 2009 for expenses, not otherwise provided for,
    for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the
    amount of $1,060,463,000.
    SEC. 1406. DEFENSE INSPECTOR GENERAL.

        Funds are hereby authorized to be appropriated for the Department of
    Defense for fiscal year 2009 for expenses, not otherwise provided for,
    for the Office of the Inspector General of the Department of Defense, in
    the amount of $273,845,000, of which--
                (1) $270,445,000 is for Operation and Maintenance; and
                (2) $3,400,000 is for Procurement.
    SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

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

                     Subtitle B--National Defense Stockpile

    SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

        (a) Obligation of Stockpile Funds.--During fiscal year 2009, the
    National Defense Stockpile Manager may obligate up to $41,153,000 of the
    funds in the National Defense Stockpile Transaction Fund established
    under subsection (a) of section 9 of the Strategic and Critical
    Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
    such funds under subsection (b)(2) of

    [[Page 122 STAT. 4648]]

    such section, including the disposal of hazardous materials that are
    environmentally sensitive.
        (b) Additional <<NOTE: Notification.>> Obligations.--The National
    Defense Stockpile Manager may obligate amounts in excess of the amount
    specified in subsection (a) if the National Defense Stockpile Manager
    notifies Congress that extraordinary or emergency conditions necessitate
    the additional obligations. The National Defense Stockpile Manager may
    make the additional obligations described in the notification after the
    end of the 45-day period beginning on the date on which Congress
    receives the notification.

        (c) Limitations.--The authorities provided by this section shall be
    subject to such limitations as may be provided in appropriations Acts.
    SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM THE
                              NATIONAL DEFENSE STOCKPILE.

        (a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)(7) of the
    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
    (Public Law 105-261; 50 U.S.C. 98d note), as most recently amended by
    section 1412(b) of the National Defense Authorization Act for Fiscal
    Year 2008 (Public Law 110-181; 122 Stat. 418), is further amended by
    striking ``$1,066,000,000 by the end of fiscal year 2015'' and inserting
    ``$1,386,000,000 by the end of fiscal year 2016''.
        (b) Fiscal Year 1998 Disposal Authority.--Section 3305(a)(5) of the
    National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
    85; 50 U.S.C. 98d note), as most recently amended by section 3302(b) of
    the John Warner National Defense Authorization Act for Fiscal Year 2007
    (Public Law 109-364; 120 Stat. 2513), is further amended by striking
    ``2008'' and inserting ``2009''.

                    Subtitle C--Armed Forces Retirement Home

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

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

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

    Sec. 1501. Authorization of additional appropriations for operations in
               Afghanistan and Iraq for fiscal year 2009.
    Sec. 1502. Requirement for separate display of budgets for Afghanistan
               and Iraq.
    Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
    Sec. 1504. Science and technology investment strategy to defeat or
               counter improvised explosive devices.
    Sec. 1505. Limitations on Iraq Security Forces Fund.
    Sec. 1506. Limitations on Afghanistan Security Forces Fund.
    Sec. 1507. Special transfer authority.

    [[Page 122 STAT. 4649]]

    Sec. 1508. Prohibition on use of United States funds for certain
               facilities projects in Iraq and contributions by the
               Government of Iraq to combined operations and other
               activities in Iraq.

    SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
                              OPERATIONS IN AFGHANISTAN AND IRAQ FOR
                              FISCAL YEAR 2009.

        (a) Authorization of Previously Appropriated Amounts.--In addition
    to the amounts otherwise authorized to be appropriated by division A of
    this Act, the amounts appropriated for fiscal year 2009 in chapter 2 of
    title IX of the Supplemental Appropriations Act, 2008 (Public Law 110-
    252; 122 Stat. 2405-2414) are hereby authorized to be appropriated.
        (b) Additional Authorization.--In addition to the amounts otherwise
    authorized to be appropriated by division A of this Act and subsection
    (a), funds in the amount of $2,076,000,000 are hereby authorized to be
    appropriated for aircraft procurement, Air Force, for the purpose of
    acquiring six C-17 aircraft.
    SEC. 1502. <<NOTE: 10 USC 221 note.>> REQUIREMENT FOR SEPARATE
                              DISPLAY OF BUDGETS FOR AFGHANISTAN AND
                              IRAQ.

        (a) Operations in Iraq and Afghanistan.--In any annual or
    supplemental budget request for the Department of Defense that is
    submitted to Congress after the date of the enactment of this Act, the
    Secretary of Defense shall set forth separately any funding requested in
    such budget request for--
                (1) operations of the Department of Defense in Afghanistan;
            and
                (2) operations of the Department of Defense in Iraq.

        (b) Specificity of Display.--Each budget request covered by
    subsection (a) shall, for any funding requested for operations in Iraq
    or Afghanistan--
                (1) clearly display the amount of such funding at the
            appropriation account level and at the program, project, or
            activity level; and
                (2) include a detailed description of the assumptions
            underlying the funding for the period covered by the budget
            request, including the anticipated troop levels, the operations
            intended to be carried out, and the equipment reset requirements
            necessary to support such operations.
    SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

        (a) Use and Transfer of <<NOTE: Applicability.>> Funds.--Subsections
    (b) and (c) of section 1514 of the John Warner National Defense
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
    2439), as amended by subsection (b), shall apply to the funds
    appropriated pursuant to the authorization of appropriations in section
    1501 of this Act and made available to the Department of Defense for the
    Joint Improvised Explosive Device Defeat Fund.

        (b) Modification of Funds Transfer Authority.--Section 1514(c)(1) of
    the John Warner National Defense Authorization Act for Fiscal Year 2007
    (Public Law 109-364; 120 Stat. 2439) is amended--
                (1) by striking subparagraph (A); and
                (2) by redesignating subparagraphs (B) through (E) as
            subparagraphs (A) through (D), respectively.

        (c) Prior Notice of Transfer of Funds.--Section 1514(c)(4) of the
    John Warner National Defense Authorization Act for Fiscal

    [[Page 122 STAT. 4650]]

    Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended by inserting
    after ``five days'' the following: ``(in the case of the obligation of
    funds) or 15 days (in the case of a transfer of funds)''.
        (d) Monthly Obligations and Expenditure Reports.--Not later than 15
    days after the end of each month of fiscal year 2009, the Secretary of
    Defense shall provide to the congressional defense committees a report
    on the Joint Improvised Explosive Device Defeat Fund explaining monthly
    commitments, obligations, and expenditures by line of action.
        (e) Modification of Submittal Date of Other Reports.--Section
    1514(e) of the John Warner National Defense Authorization Act for Fiscal
    Year 2007 (Public Law 109-364; 120 Stat. 2440) is amended by striking
    ``30 days'' and inserting ``60 days''.
    SEC. 1504. <<NOTE: 10 USC 2358 note.>> SCIENCE AND TECHNOLOGY
                              INVESTMENT STRATEGY TO DEFEAT OR COUNTER
                              IMPROVISED EXPLOSIVE DEVICES.

        (a) Strategy Required.--The Director of the Joint Improvised
    Explosive Device Defeat Organization (JIEDDO), jointly with the Director
    of Defense Research and Engineering, shall develop a comprehensive
    science and technology investment strategy for countering the threat of
    improvised explosive devices (IEDs).
        (b) Elements.--The strategy developed under subsection (a) shall
    include the following:
                (1) Identification of counter-IED capability gaps.
                (2) A taxonomy describing the major technical areas for the
            Department of Defense to address the counter-IED capability gaps
            and in which science and technology funding investments should
            be made.
                (3) Identification of funded programs to develop or mature
            technologies from or to the level of system or subsystem model
            or prototype demonstration in a relevant environment, and
            investment levels for those initiatives.
                (4) Identification of JIEDDO's mechanisms for coordinating
            Department of Defense and Federal Government science and
            technology activities in areas covered by the strategy.
                (5) Identification of technology transition mechanisms
            developed or utilized to efficiently transition technologies to
            acquisition programs of the Department of Defense or into
            operational use, including a summary of counter-IED technologies
            transitioned from JIEDDO, the military departments, and other
            Defense Agencies to the acquisition programs or into operational
            use.
                (6) Identification of high priority basic research efforts
            that should be addressed through JIEDDO or other Department of
            Defense activities to support development of next generation IED
            defeat capabilities.
                (7) Identification of barriers or issues, such as industrial
            base, workforce, or statutory or regulatory barriers, that could
            hinder the efficient and effective development and operational
            use of advanced IED defeat capabilities, and discussion of
            activities undertaken to address them.
                (8) Identification of the measures of effectiveness for the
            overall Department of Defense science and technology counter-IED
            effort.
                (9) Such other matters as the Director of the JIEDDO and the
            Director of Defense Research and Engineering consider
            appropriate.

    [[Page 122 STAT. 4651]]

        (c) Report.--Not later than March 1, 2009, and each March 1
    thereafter through March 1, 2013, the Director of the JIEDDO and the
    Director of Defense Research and Engineering shall jointly submit to the
    congressional defense committees a report describing the implementation
    of the strategy developed under subsection (a). The report may be in
    unclassified and classified format, as necessary.
    SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

        Funds appropriated pursuant to the authorization of appropriations
    in section 1501 of this Act or in the Supplemental Appropriations Act,
    2008 (Public Law 110-252; 122 Stat. 2407) and made available to the
    Department of Defense for the Iraq Security Forces Fund shall be subject
    to the conditions contained in subsections (b) through (g) of section
    1512 of the National Defense Authorization Act for Fiscal Year 2008
    (Public Law 110-181; 122 Stat. 426).
    SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.

        Funds appropriated pursuant to the authorization of appropriations
    in section 1501 of this Act or in the Supplemental Appropriations Act,
    2008 (Public Law 110-252; 122 Stat. 2407) and made available to the
    Department of Defense for the Afghanistan Security Forces Fund shall be
    subject to the conditions contained in subsections (b) through (g) of
    section 1513 of the National Defense Authorization Act for Fiscal Year
    2008 (Public Law 110-181; 122 Stat. 428).
    SEC. 1507. SPECIAL TRANSFER AUTHORITY.

        (a) Authority To Transfer Authorizations.--
                (1) Authority.--Upon determination by the Secretary of
            Defense that such action is necessary in the national interest,
            the Secretary may transfer amounts of authorizations made
            available to the Department of Defense in this title for fiscal
            year 2009 between any such authorizations for that fiscal year
            (or any subdivisions thereof). Amounts of authorizations so
            transferred shall be merged with and be available for the same
            purposes as the authorization to which transferred.
                (2) Limitation.--The total amount of authorizations that the
            Secretary may transfer under the authority of this section may
            not exceed $4,000,000,000.

        (b) Terms and Conditions.--Transfers under this section shall be
    subject to the same terms and conditions as transfers under section
    1001.
        (c) Additional Authority.--The transfer authority provided by this
    section is in addition to the transfer authority provided under section
    1001.
    SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR CERTAIN
                              FACILITIES PROJECTS IN IRAQ AND
                              CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ
                              TO COMBINED OPERATIONS AND OTHER
                              ACTIVITIES IN IRAQ.

        (a) Prohibition Related to Facilities for Government of Iraq.--
                (1) Prohibition on availability of united states funds for
            projects.--Except as provided in paragraph (2), amounts
            authorized to be appropriated by this title may not be obligated
            or expended for the acquisition, conversion, rehabilitation, or
            installation of facilities in Iraq for the use of the Government

    [[Page 122 STAT. 4652]]

            of Iraq, political subdivisions of Iraq, or agencies,
            departments, or forces of the Government of Iraq or such
            political subdivisions.
                (2) Exceptions.--
                        (A) Exception for cerp.--The prohibition in
                    paragraph (1) does not apply to amounts authorized to be
                    appropriated by this title for the Commanders' Emergency
                    Response Program (CERP).
                        (B) Exception for military construction.--The
                    prohibition in paragraph (1) does not apply to military
                    construction (as defined in section 2801 of title 10,
                    United States Code), carried out in Iraq.
                        (C) Exception for technical assistance.--The
                    prohibition in paragraph (1) does not apply to the
                    provision of technical assistance necessary to assist
                    the Government of Iraq to carry out facilities projects
                    on its own behalf.

        (b) Combined Operations.--
                (1) Cost sharing.--The United States Government shall
            initiate negotiations with the Government of Iraq on an
            agreement under which the Government of Iraq shall share with
            the United States Government the costs of combined operations of
            the Government of Iraq and the Multi-National Forces Iraq
            undertaken as part of Operation Iraqi Freedom.
                (2) Report.--Not later than 90 days after the date of the
            enactment of this Act, the Secretary of State shall, in
            conjunction with the Secretary of Defense, submit to Congress a
            report describing the status of negotiations under paragraph
            (1).

        (c) Iraqi Security Forces.--
                (1) Use of iraq funds.--The United States Government shall
            take actions to ensure that Iraq funds are used to pay the costs
            of the salaries, training, equipping, and sustainment of Iraqi
            Security Forces.
                (2) Reports.--Not <<NOTE: President.>> later than 90 days
            after the date of the enactment of this Act, and every 180 days
            thereafter, the President shall submit to Congress a report
            setting forth an assessment of the progress made in meeting the
            requirements of paragraph (1).

         TITLE XVI-- <<NOTE: Reconstruction and Stabilization Civilian
      Management Act of 2008.>> RECONSTRUCTION AND STABILIZATION CIVILIAN
    MANAGEMENT

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

    SEC. 1601. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.

        This title may be cited as the ``Reconstruction and Stabilization
    Civilian Management Act of 2008''.

    [[Page 122 STAT. 4653]]

    SEC. 1602. <<NOTE: 22 USC 2368 note.>> FINDINGS.

        Congress finds the following:
                (1) In June 2004, the Office of the Coordinator for
            Reconstruction and Stabilization (referred to as the
            ``Coordinator'') was established in the Department of State with
            the mandate to lead, coordinate, and institutionalize United
            States Government civilian capacity to prevent or prepare for
            post-conflict situations and help reconstruct and stabilize a
            country or region that is at risk of, in, or is in transition
            from, conflict or civil strife.
                (2) In December 2005, the Coordinator's mandate was
            reaffirmed by the National Security Presidential Directive 44,
            which instructed the Secretary of State, and at the Secretary's
            direction, the Coordinator, to coordinate and lead integrated
            United States Government efforts, involving all United States
            departments and agencies with relevant capabilities, to prepare,
            plan for, and conduct reconstruction and stabilization
            operations.
                (3) National Security Presidential Directive 44 assigns to
            the Secretary, with the Coordinator's assistance, the lead role
            to develop reconstruction and stabilization strategies, ensure
            civilian interagency program and policy coordination, coordinate
            interagency processes to identify countries at risk of
            instability, provide decision-makers with detailed options for
            an integrated United States Government response in connection
            with reconstruction and stabilization operations, and carry out
            a wide range of other actions, including the development of a
            civilian surge capacity to meet reconstruction and stabilization
            emergencies. The Secretary and the Coordinator are also charged
            with coordinating with the Department of Defense on
            reconstruction and stabilization responses, and integrating
            planning and implementing procedures.
                (4) The Department of Defense issued Directive 3000.05,
            which establishes that stability operations are a core United
            States military mission that the Department of Defense must be
            prepared to conduct and support, provides guidance on stability
            operations that will evolve over time, and assigns
            responsibilities within the Department of Defense for planning,
            training, and preparing to conduct and support stability
            operations.
                (5) The President's Fiscal Year 2009 Budget Request to
            Congress includes $248.6 million for a Civilian Stabilization
            Initiative that would vastly improve civilian partnership with
            United States Armed Forces in post-conflict stabilization
            situations, including by establishing a Active Response Corps of
            250 persons, a Standby Response Corps of 2,000 persons, and a
            Civilian Response Corps of 2,000 persons.
    SEC. 1603. <<NOTE: 22 USC 2734a note.>> 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

    [[Page 122 STAT. 4654]]

            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. <<NOTE: 22 USC 2368.>> ASSISTANCE FOR A RECONSTRUCTION
                            AND STABILIZATION CRISIS.

        ``(a) Assistance.--
                ``(1) In general.--If the President determines that it is in
            the national security interests of the United States for United
            States civilian agencies or non-Federal employees to assist in
            reconstructing and stabilizing a country or region that is at
            risk of, in, or is in transition from, conflict or civil strife,
            the President may, in accordance with the provisions set forth
            in section 614(a)(3), but notwithstanding any other provision of
            law, and on such terms and conditions as the President may
            determine, furnish assistance to such country or region for
            reconstruction or stabilization using funds described in
            paragraph (2).
                ``(2) Funds described.--The funds referred to in paragraph
            (1) are funds made available under any other provision of this
            Act, and transferred or reprogrammed for purposes of this
            section, and such transfer or reprogramming shall be subject to
            the procedures applicable to a notification under section 634A
            of this Act.
                ``(3) Rule of construction.--Nothing in this section shall
            be construed to provide authority to transfer funds between
            accounts or between Federal departments or agencies.

        ``(b) Limitation.--The authority contained in this section may be
    exercised only during fiscal years 2009, 2010, and 2011.''.
    SEC. 1605. RECONSTRUCTION AND STABILIZATION.

        Title I of the State Department Basic Authorities Act of 1956 (22
    U.S.C. 2651a et seq.) is amended by adding at the end the following new
    section:
    ``SEC. 62. <<NOTE: 22 USC 2734.>> 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 <<NOTE: President.>> the Office shall be the Coordinator
            for Reconstruction and Stabilization, who shall be appointed by

    [[Page 122 STAT. 4655]]

            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

    [[Page 122 STAT. 4656]]

            and maintain a Response Readiness Corps (referred to in this
            section as the `Corps') to provide assistance in support of
            reconstruction and stabilization operations in countries or
            regions that are at risk of, in, or are in transition from,
            conflict or civil strife. The Corps shall be composed of active
            and standby components consisting of United States Government
            personnel, including employees of the Department of State, the
            United States Agency for International Development, and other
            agencies who are recruited and trained (and employed in the case
            of the active component) to provide such assistance when
            deployed to do so by the Secretary to support the purposes of
            this Act.
                ``(2) Civilian reserve corps.--The Secretary, in
            consultation with the Administrator of the United States Agency
            for International Development, may establish a Civilian Reserve
            Corps for which purpose the Secretary is authorized to employ
            and train individuals who have the skills necessary for carrying
            out reconstruction and stabilization activities, and who have
            volunteered for that purpose. The Secretary may deploy members
            of the Civilian Reserve Corps pursuant to a determination by the
            President under section 618 of the Foreign Assistance Act of
            1961.
                ``(3) Mitigation of domestic impact.--The establishment and
            deployment of any Civilian Reserve Corps shall be undertaken in
            a manner that will avoid substantively impairing the capacity
            and readiness of any State and local governments from which
            Civilian Reserve Corps personnel may be drawn.

        ``(c) Existing Training and Education Programs.--The Secretary shall
    ensure that personnel of the Department, and, in coordination with the
    Administrator of USAID, that personnel of USAID, make use of the
    relevant existing training and education programs offered within the
    Government, such as those at the Center for Stabilization and
    Reconstruction Studies at the Naval Postgraduate School and the
    Interagency Training, Education, and After Action Review Program at the
    National Defense University.''.
    SEC. 1606. <<NOTE: 22 USC 2734a.>>  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.

    [[Page 122 STAT. 4657]]

    SEC. 1607. <<NOTE: 22 USC 2368 note.>>  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 <<NOTE: Military Construction Authorization Act for Fiscal Year
    2009.>>  B--MILITARY CONSTRUCTION AUTHORIZATIONS
    SEC. 2001. SHORT TITLE.

        This division may be cited as the ``Military Construction
    Authorization Act for Fiscal Year 2009''.

    [[Page 122 STAT. 4658]]

    SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
                              SPECIFIED BY LAW.

        (a) Expiration of Authorizations After Three Years.--Except as
    provided in subsection (b), all authorizations contained in titles XXI
    through XXVII and title XXIX for military construction projects, land
    acquisition, family housing projects and facilities, and contributions
    to the North Atlantic Treaty Organization Security Investment Program
    (and authorizations of appropriations therefor) shall expire on the
    later of--
                (1) October 1, 2011; or
                (2) the date of the enactment of an Act authorizing funds
            for military construction for fiscal year 2012.

        (b) Exception.--Subsection (a) shall not apply to authorizations for
    military construction projects, land acquisition, family housing
    projects and facilities, and contributions to the North Atlantic Treaty
    Organization Security Investment Program (and authorizations of
    appropriations therefor), for which appropriated funds have been
    obligated before the later of--
                (1) October 1, 2011; or
                (2) the date of the enactment of an Act authorizing funds
            for fiscal year 2012 for military construction projects, land
            acquisition, family housing projects and facilities, or
            contributions to the North Atlantic Treaty Organization Security
            Investment Program.
    SEC. 2003. <<NOTE: 10 USC 2687 note.>>  EFFECTIVE DATE.

        Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall take
    effect on the later of--
                (1) October 1, 2008; or
                (2) the date of the enactment of this Act.

                                 TITLE XXI--ARMY

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

    SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
                              PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2104(a)(1), the
    Secretary of the Army may acquire real property and carry out military
    construction projects for the installations or locations inside the
    United States, and in the amounts, set forth in the following table:

    [[Page 122 STAT. 4659]]

                                             Army: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                    State                                  Installation or Location                       Amount
    ----------------------------------------------------------------------------------------------------------------
    Alabama..............................  Anniston Army Depot.....................................      $46,400,000
                                           Fort Rucker.............................................       $6,800,000
                                           Redstone Arsenal........................................      $16,500,000
    Alaska...............................  Fort Richardson.........................................      $18,100,000
                                           Fort Wainwright.........................................     $110,400,000
    Arizona..............................  Fort Huachuca...........................................      $13,200,000
                                           Yuma Proving Ground.....................................       $3,800,000
    California...........................  Fort Irwin..............................................      $39,600,000
                                           Presidio, Monterey......................................      $15,000,000
                                           Sierra Army Depot.......................................      $12,400,000
    Colorado.............................  Fort Carson.............................................     $534,000,000
    Georgia..............................  Fort Benning............................................     $267,800,000
                                           Fort Stewart/Hunter Army Air Field......................     $432,300,000
    Hawaii...............................  Pohakuloa Training Area.................................      $30,000,000
                                           Schofield Barracks......................................     $279,000,000
                                           Wahiawa.................................................      $40,000,000
    Indiana..............................  Crane Army Ammunition Activity..........................       $8,300,000
    Kansas...............................  Fort Leavenworth........................................       $4,200,000
                                           Fort Riley..............................................     $158,000,000
    Kentucky.............................  Fort Campbell...........................................     $118,113,000
    Louisiana............................  Fort Polk...............................................      $29,000,000
    Michigan.............................  Detroit Arsenal.........................................       $6,100,000
    Missouri.............................  Fort Leonard Wood.......................................      $42,550,000
    New Jersey...........................  Picatinny Arsenal.......................................       $9,900,000
    New York.............................  Fort Drum...............................................      $96,900,000
                                           United States Military Academy..........................      $67,000,000
    North Carolina.......................  Fort Bragg..............................................      $58,400,000
    Oklahoma.............................  Fort Sill...............................................      $63,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4660]]

                                           McAlester Army Ammunition Plant.........................       $5,800,000
    Pennsylvania.........................  Carlisle Barracks.......................................      $13,400,000
                                           Letterkenny Army Depot..................................       $7,500,000
                                           Tobyhanna Army Depot....................................      $15,000,000
    South Carolina.......................  Fort Jackson............................................      $30,000,000
    Texas................................  Camp Bullis.............................................       $4,200,000
                                           Corpus Christi Army Depot...............................      $39,000,000
                                           Fort Bliss..............................................   $1,044,300,000
                                           Fort Hood...............................................      $49,500,000
                                           Fort Sam Houston........................................      $96,000,000
                                           Red River Army Depot....................................       $6,900,000
    Virginia.............................  Fort Belvoir............................................       $7,200,000
                                           Fort Eustis.............................................      $31,900,000
                                           Fort Lee................................................     $100,600,000
                                           Fort Myer...............................................      $14,000,000
    Washington...........................  Fort Lewis..............................................     $158,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4661]]

        (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:

    [[Page 122 STAT. 4662]]

                                             Army: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                   Country                                 Installation or Location                       Amount
    ----------------------------------------------------------------------------------------------------------------
    Afghanistan..........................  Bagram Air Base.........................................      $67,000,000
    Germany..............................  Katterbach..............................................      $19,000,000
                                           Wiesbaden Air Base......................................     $119,000,000
    Japan................................  Camp Zama...............................................       $2,350,000
                                           Sagamihara..............................................      $17,500,000
    Korea................................  Camp Humphreys..........................................      $20,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4663]]

    SEC. 2102. FAMILY HOUSING.

        (a) Construction and Acquisition.--Using amounts appropriated
    pursuant to the authorization of appropriations in section
    2104(a)(5)(A), the Secretary of the Army may construct or acquire family
    housing units (including land acquisition and supporting facilities) at
    the installations or locations, in the number of units, and in the
    amounts set forth in the following table:

                                                  Army: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                    Country                    Installation or Location              Units                Amount
    ----------------------------------------------------------------------------------------------------------------
    Germany................................  Wiesbaden Air Base.........  326.......................    $133,000,000
    Korea..................................  Camp Humphreys.............  216.......................    $125,000,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Planning and Design.--Using amounts appropriated pursuant to the
    authorization of appropriations in section 2104(a)(5)(A), the Secretary
    of the Army may carry out architectural and engineering services and
    construction design activities with respect to the construction or
    improvement of family housing units in an amount not to exceed $579,000.
    SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2104(a)(5)(A), the Secretary of the Army may improve existing
    military family housing units in an amount not to exceed $420,001,000.
    SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

        (a) In General.--Funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2008, for military
    construction, land acquisition, and military family housing functions of
    the Department of the Army in the total amount of $5,973,388,000, as
    follows:
                (1) For military construction projects inside the United
            States authorized by section 2101(a), $4,010,063,000.
                (2) For military construction projects outside the United
            States authorized by section 2101(b), $185,350,000.
                (3) For unspecified minor military construction projects
            authorized by section 2805 of title 10, United States Code,
            $23,000,000.
                (4) For host nation support and architectural and
            engineering services and construction design under section 2807
            of title 10, United States Code, $178,685,000.
                (5) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $646,580,000.
                        (B) For support of military family housing
                    (including the functions described in section 2833 of
                    title 10, United States Code), $716,110,000.
                (6) For the construction of increment 3 of a barracks
            complex at Fort Lewis, Washington, authorized by section 2101(a)
            of the Military Construction Authorization Act for Fiscal Year

    [[Page 122 STAT. 4664]]

            2007 (division B of Public Law 109-364; 120 Stat. 2445), as
            amended by section 20814 of the Continuing Appropriations
            Resolution, 2007 (division B of Public Law 109-289), as added by
            section 2 of the Revised Continuing Resolution, 2007 (Public Law
            110-5; 121 Stat 41), $102,000,000.
                (7) For the construction of increment 2 of the United States
            Southern Command Headquarters at Miami Doral, Florida,
            authorized by section 2101(a) of the Military Construction
            Authorization Act for Fiscal Year 2008 (division B of Public Law
            110-181; 122 Stat. 504), $81,600,000.
                (8) For the construction of increment 2 of the brigade
            complex operations support facility at Vicenza, Italy,
            authorized by section 2101(b) of the Military Construction
            Authorization Act for Fiscal Year 2008 (division B of Public Law
            110-181; 122 Stat. 505), $15,000,000.
                (9) For the construction of increment 2 of the brigade
            complex barracks and community support facility at Vicenza,
            Italy, authorized by section 2101(b) of the Military
            Construction Authorization Act for Fiscal Year 2008 (division B
            of Public Law 110-181; 122 Stat. 505), $15,000,000.

        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2401 of this
    Act may not exceed the sum of the following:
                (1) The total amount authorized to be appropriated under
            paragraphs (1) and (2) of subsection (a).
                (2) $60,000,000 (the balance of the amount authorized under
            section 2101(a) for barracks and a dining facility at Fort
            Carson, Colorado).
                (3) $80,000,000 (the balance of the amount authorized under
            section 2101(a) for barracks and a dining facility at Fort
            Stewart, Georgia).
                (4) $59,500,000 (the balance of the amount authorized under
            section 2101(b) for the construction of a headquarters element
            in Wiesbaden, Germany).
                (5) $101,000,000 (the balance of the amount authorized under
            section 2102(a) for family housing at Wiesbaden, Germany).
    SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
                              YEAR 2008 PROJECTS.

        (a) Inside the United States Projects.--The table in section 2101(a)
    of the Military Construction Authorization Act for Fiscal Year 2008
    (division B of Public Law 110-181; 122 Stat. 504) is amended--
                (1) in the item relating to Hawthorne Army Ammunition Plant,
            Nevada, by striking ``$11,800,000'' in the amount column and
            inserting ``$7,300,000'';
                (2) in the item relating to Fort Drum, New York, by striking
            ``$311,200,000'' in the amount column and inserting
            ``$304,600,000''; and
                (3) in the item relating to Fort Bliss, Texas, by striking
            ``$118,400,000'' in the amount column and inserting
            ``$111,900,000''.

        (b) Conforming Amendments.--Section 2104(a) of that Act (122 Stat.
    506) is amended--

    [[Page 122 STAT. 4665]]

                (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:

    [[Page 122 STAT. 4666]]

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

    [[Page 122 STAT. 4667]]

    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 122 STAT. 4668]]

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

    [[Page 122 STAT. 4669]]

                                TITLE XXII--NAVY

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

    SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
                              PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2204(1), the Secretary
    of the Navy may acquire real property and carry out military
    construction projects for the installations or locations inside the
    United States, and in the amounts, set forth in the following table:

    [[Page 122 STAT. 4670]]

                                                Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                    State                                  Installation or Location                       Amount
    ----------------------------------------------------------------------------------------------------------------
    Arizona..............................  Marine Corps Air Station, Yuma..........................      $19,490,000
    California...........................  Marine Corps Logistics Base, Barstow....................       $7,830,000
                                           Marine Corps Base, Camp Pendleton.......................     $799,870,000
                                           Naval Air Facility, El Centro...........................       $8,900,000
                                           Marine Corps Air Station, Miramar.......................      $48,770,000
                                           Naval Post Graduate School, Monterey....................       $9,900,000
                                           Naval Air Station, North Island.........................      $60,152,000
                                           Naval Facility, San Clemente Island.....................      $34,020,000
                                           Marine Corps Recruit Depot, San Diego...................      $51,220,000
                                           Marine Corps Base, Twentynine Palms.....................     $155,310,000
    Connecticut..........................  Naval Submarine Base, Groton............................      $46,060,000
                                           Naval Submarine Base, New London........................      $11,000,000
    District of Columbia.................  Naval Support Activity, Washington......................      $24,220,000
    Florida..............................  Naval Air Station, Jacksonville.........................      $12,890,000
                                           Naval Station, Mayport..................................      $18,280,000
                                           Naval Support Activity, Tampa...........................      $29,000,000
    Georgia..............................  Marine Corps Logistics Base, Albany.....................      $15,320,000
                                           Naval Submarine Base, Kings Bay.........................       $6,130,000
    Hawaii...............................  Pacific Missile Range, Barking Sands....................      $28,900,000
                                           Marine Corps Base, Kaneohe..............................      $28,200,000
                                           Naval Station, Pearl Harbor.............................      $80,290,000
    Illinois.............................  Recruit Training Command, Great Lakes...................      $62,940,000
    Maine................................  Portsmouth Naval Shipyard...............................      $30,640,000
    Maryland.............................  Naval Surface Warfare Center, Carderock.................       $6,980,000
                                           Naval Surface Warfare Center, Indian Head...............      $25,980,000
    Mississippi..........................  Naval Construction Battalion Center, Gulfport...........      $12,770,000
                                           Naval Air Station, Meridian.............................       $6,340,000
    New Jersey...........................  Naval Air Warfare Center, Lakehurst.....................      $15,440,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4671]]

                                           Inside the United States--Continued
    ----------------------------------------------------------------------------------------------------------------
                    State                                  Installation or Location                       Amount
    ----------------------------------------------------------------------------------------------------------------
                                           Naval Weapons Station, Earle............................       $8,160,000
    North Carolina.......................  Marine Corps Base, Camp Lejeune.........................     $353,090,000
                                           Marine Corps Air Station, Cherry Point..................      $77,420,000
                                           Marine Corps Air Station, New River.....................      $86,280,000
    Pennsylvania.........................  Naval Support Activity, Philadelphia....................      $22,020,000
    Rhode Island.........................  Naval Station, Newport..................................      $39,800,000
    South Carolina.......................  Marine Corps Air Station, Beaufort......................       $5,940,000
                                           Marine Corps Recruit Depot, Parris Island...............      $64,750,000
    Texas................................  Naval Air Station, Corpus Christi.......................       $3,500,000
                                           Naval Air Station, Kingsville...........................      $11,580,000
    Virginia.............................  Naval Station, Norfolk..................................      $73,280,000
                                           Marine Corps Base, Quantico.............................     $150,290,000
    Washington...........................  Naval Base, Kitsap......................................       $5,110,000
                                           Naval Air Station Whidbey Island........................       $6,160,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4672]]

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

                                             Navy: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                        Country                                 Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Cuba..........................................  Naval Air Station, Guantanamo Bay...............     $20,600,000
    Diego Garcia..................................  Diego Garcia....................................     $35,060,000
    Djibouti......................................  Camp Lemonier...................................     $31,410,000
    Guam..........................................  Naval Activities, Guam..........................     $88,430,000
    ----------------------------------------------------------------------------------------------------------------

        (c) Unspecified Worldwide.--Using the amounts appropriated pursuant
    to the authorization of appropriations in section 2204(3), the Secretary
    of the Navy may acquire real property and carry out military
    construction projects for unspecified installations or locations in the
    amounts set forth in the following table:

                                               Navy: Unspecified Worldwide
    ----------------------------------------------------------------------------------------------------------------
                        Location                                 Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Worldwide Unspecified..........................  Unspecified Worldwide..........................    $101,020,000
    ----------------------------------------------------------------------------------------------------------------

    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:

    [[Page 122 STAT. 4673]]

                                                  Navy: Family Housing
    ----------------------------------------------------------------------------------------------------------------
               Location              Installation or Location                    Units                      Amount
    ----------------------------------------------------------------------------------------------------------------
    Guantanamo Bay................  Naval Air Station,         146                                       $59,943,000
                                     Guantanamo Bay.
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4674]]

        (b) Planning and Design.--Using amounts appropriated pursuant to the
    authorization of appropriations in section 2204(6)(A), the Secretary of
    the Navy may carry out architectural and engineering services and
    construction design activities with respect to the construction or
    improvement of family housing units in an amount not to exceed
    $2,169,000.
    SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2204(6)(A), the Secretary of the Navy may improve existing
    military family housing units in an amount not to exceed $318,011,000.
    SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for military construction, land
    acquisition, and military family housing functions of the Department of
    the Navy in the total amount of $4,046,354,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2201(a), $2,564,312,000.
                (2) For military construction projects outside the United
            States authorized by section 2201(b), $175,500,000.
                (3) For military construction projects at unspecified
            worldwide locations authorized by section 2201(c), $101,020,000.
                (4) For unspecified minor military construction projects
            authorized by section 2805 of title 10, United States Code,
            $13,670,000.
                (5) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $246,528,000.
                (6) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $380,123,000.
                        (B) For support of military family housing
                    (including functions described in section 2833 of title
                    10, United States Code), $376,062,000.
                (7) For the construction of increment 2 of the wharf
            extension at Naval Forces Marianas Islands, Guam, authorized by
            section 2201(b) of the Military Construction Authorization Act
            for Fiscal Year 2008 (division B of Public Law 110-181; 122
            Stat. 510), $50,912,000.
                (8) For the construction of increment 2 of the submarine
            drive-in magnetic silencing facility at Naval Submarine Base,
            Pearl Harbor, Hawaii, authorized in section 2201(a) of the
            Military Construction Authorization Act for Fiscal Year 2008
            (division B of Public Law 110-181; 122 Stat. 510), $41,088,000.
                (9) For the construction of increment 3 of the National
            Maritime Intelligence Center, Suitland, Maryland, authorized by
            section 2201(a) of the Military Construction Authorization Act
            for Fiscal Year 2007 (division B of Public Law 109-364; 120
            Stat. 2448), $12,439,000.
                (10) For the construction of increment 2 of hangar 5
            recapitalizations at Naval Air Station, Whidbey Island,
            Washington, authorized by section 2201(a) of the Military
            Construction Authorization Act of Fiscal Year 2007 (division B
            of Public Law 109-364; 120 Stat. 2448), $34,000,000.

    [[Page 122 STAT. 4675]]

                (11) For the construction of increment 5 of the limited area
            production and storage complex at Naval Submarine Base, Kitsap,
            Bangor, Washington (formerly referred to as a project at the
            Strategic Weapons Facility Pacific, Bangor), authorized by
            section 2201(a) of the Military Construction Authorization Act
            of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
            2106), as amended by section 2206 of the Military Construction
            Authorization Act for Fiscal Year 2006 (division B of Public law
            109-163; 119 Stat. 3493) and section 2206 of the Military
            Construction Authorization Act for Fiscal Year 2008 (division B
            of Public Law 110-181; 122 Stat. 514) $50,700,000.
    SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
                              YEAR 2005 PROJECT.

        The table in section 2201(a) of the Military Construction
    Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
    375; 118 Stat. 2105), as amended by section 2206 of the Military
    Construction Authorization Act for Fiscal Year 2006 (division B of
    Public Law 109-163; 119 Stat. 3493) and section 2206 of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 514), is further amended--
                (1) in the item relating to Strategic Weapons Facility
            Pacific, Bangor, Washington, by striking ``$295,000,000'' in the
            amount column and inserting ``$311,670,000''; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$1,084,497,000''.
    SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
                              YEAR 2007 PROJECTS.

        (a) Modifications.--The table in section 2201(a) of the Military
    Construction Authorization Act for Fiscal Year 2007 (division B of
    Public Law 109-364; 120 Stat. 2448), as amended by section 2205(a)(17)
    of the Military Construction Authorization Act for Fiscal Year 2008
    (division B of Public Law 110-181; 122 Stat. 513), is further amended--
                (1) in the item relating to NMIC/Naval Support Activity,
            Suitland, Maryland, by striking ``$67,939,000'' in the amount
            column and inserting ``$76,288,000''; and
                (2) in the item relating to Naval Air Station, Whidbey
            Island, Washington, by striking ``$57,653,000'' in the amount
            column and inserting ``$60,500,000''.

        (b) Conforming Amendments.--Section 2204(b) of the Military
    Construction Authorization Act for Fiscal Year 2007 (division B of
    Public Law 109-364; 120 Stat. 2452) is amended--
                (1) in paragraph (2), by striking ``$56,159,000'' and
            inserting ``$64,508,000''; and
                (2) in paragraph (3), by striking ``$31,153,000'' and
            inserting ``$34,000,000''.

                             TITLE XXIII--AIR FORCE

    Sec. 2301. Authorized Air Force construction and land acquisition
               projects.
    Sec. 2302. Family housing.
    Sec. 2303. Improvements to military family housing units.
    Sec. 2304. Authorization of appropriations, Air Force.

    [[Page 122 STAT. 4676]]

    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:

    [[Page 122 STAT. 4677]]

                                           Air Force: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                       State                                 Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Alabama...................................  Maxwell Air Force Base...........................        $15,556,000
    Alaska....................................  Elmendorf Air Force Base.........................       $138,300,000
    Arizona...................................  Davis Monthan Air Force Base.....................        $15,000,000
    California................................  Edwards Air Force Base...........................         $9,100,000
                                                Travis Air Force Base............................        $12,100,000
    Colorado..................................  Peterson Air Force Base..........................         $4,900,000
                                                United States Air Force Academy..................        $18,000,000
    Delaware..................................  Dover Air Force Base.............................        $19,000,000
    Florida...................................  Cape Canaveral Air Station.......................         $8,000,000
                                                Eglin Air Force Base.............................        $19,000,000
                                                MacDill Air Force Base...........................        $26,000,000
                                                Tyndall Air Force Base...........................        $11,600,000
    Georgia...................................  Robins Air Force Base............................        $29,350,000
    Kansas....................................  McConnell Air Force Base.........................         $6,800,000
    Louisiana.................................  Barksdale Air Force Base.........................        $14,600,000
    Maryland..................................  Andrews Air Force Base...........................        $77,648,000
    Mississippi...............................  Columbus Air Force Base..........................         $8,100,000
                                                Keesler Air Force Base...........................         $6,600,000
    Missouri..................................  Whiteman Air Force Base..........................         $4,200,000
    Montana...................................  Malmstrom Air Force Base.........................        $10,000,000
    Nevada....................................  Creech Air Force Base............................        $48,500,000
                                                Nellis Air Force Base............................        $63,100,000
    New Jersey................................  McGuire Air Force Base...........................         $7,200,000
     New Mexico...............................  Holloman Air Force Base..........................        $25,450,000
    North Carolina............................  Seymour Johnson Air Force Base...................        $12,200,000
    North Dakota..............................  Grand Forks Air Force Base.......................        $13,000,000
    Ohio......................................  Wright Patterson Air Force Base..................        $14,000,000
    Oklahoma..................................  Altus Air Force Base.............................         10,200,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4678]]

                                                Tinker Air Force Base............................        $54,000,000
    South Carolina............................   Charleston Air Force Base.......................         $4,500,000
                                                Shaw Air Force Base..............................         $9,900,000
    South Dakota..............................  Ellsworth Air Force Base.........................        $11,000,000
    Texas.....................................  Dyess Air Force Base.............................        $21,000,000
                                                Fort Hood........................................        $10,800,000
                                                Lackland Air Force Base..........................        $75,515,000
    Utah......................................  Hill Air Force Base..............................        $41,400,000
    Washington................................  McChord Air Force Base...........................         $5,500,000
    Wyoming...................................  Francis E. Warren Air Force Base.................         $8,600,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4679]]

        (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 122 STAT. 4680]]

                                          Air Force: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                      Country                                   Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Afghanistan...............................   Bagram Airfield.......................................  $57,200,000
    Guam......................................  Andersen Air Force Base................................  $10,600,000
    Kyrgyzstan................................  Manas Air Base.........................................   $6,000,000
    United Kingdom............................  Royal Air Force Lakenheath.............................   $7,400,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4681]]

        (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:

    [[Page 122 STAT. 4682]]

                                            Air Force: Unspecified Worldwide
    ----------------------------------------------------------------------------------------------------------------
                     Location                                   Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Worldwide Unspecified.....................  Unspecified Worldwide Locations........................  $38,391,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4683]]

    SEC. 2302. FAMILY HOUSING.

        (a) Construction and Acquisition.--Using amounts appropriated
    pursuant to the authorization of appropriations in section 2304(6)(A),
    the Secretary of the Air Force may construct or acquire family housing
    units (including land acquisition and supporting facilities) at the
    installations or locations, in the number of units, and in the amounts
    set forth in the following table:

                                                Air Force: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                    Country                   Installation or  Location             Purpose               Amount
    ----------------------------------------------------------------------------------------------------------------
    United Kingdom........................  Royal Air Force Lakenheath...  182 Units................     $71,828,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Planning and Design.--Using amounts appropriated pursuant to the
    authorization of appropriations in section 2304(6)(A), the Secretary of
    the Air Force may carry out architectural and engineering services and
    construction design activities with respect to the construction or
    improvement of family housing units in an amount not to exceed
    $7,708,000.
    SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2304(6)(A), the Secretary of the Air Force may improve existing
    military family housing units in an amount not to exceed $316,343,000.
    SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for military construction, land
    acquisition, and military family housing functions of the Department of
    the Air Force in the total amount of $2,108,090,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2301(a), $889,719,000.
                (2) For military construction projects outside the United
            States authorized by section 2301(b), $81,200,000.
                (3) For the military construction projects at unspecified
            worldwide locations authorized by section 2301(c), $38,391,000.
                (4) For unspecified minor military construction projects
            authorized by section 2805 of title 10, United States Code,
            $15,000,000.
                (5) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $93,436,000.
                (6) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $395,879,000.
                        (B) For support of military family housing
                    (including functions described in section 2833 of title
                    10, United States Code), $594,465,000.

    [[Page 122 STAT. 4684]]

    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 (92  $37,650,000
                                                                              units)...................
                                                                             Purchase Build/Lease        $18,144,000
                                                                              Housing (300 units)......
    California..............................  Edwards Air Force Base.......  Replace Family Housing      $59,699,000
                                                                              (226 units)..............
    Florida.................................  MacDill Air Force Base.......  Replace Family Housing      $40,982,000
                                                                              (109 units)..............
    Missouri................................  Whiteman Air Force Base......  Replace Family Housing      $26,917,000
                                                                              (111 units)..............
    North Carolina..........................  Seymour Johnson Air Force      Replace Family Housing      $48,868,000
                                               Base........................   (255 units)..............
    North Dakota............................  Grand Forks Air Force Base...  Replace Family Housing      $43,353,000
                                                                              (150 units)..............
    ----------------------------------------------------------------------------------------------------------------

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

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2005 (division B of
    Public Law 108-375; 118 Stat. 2116), authorizations set forth in the
    table in subsection (b), as provided in sections 2301 and 2302 of that
    Act and extended by section 2307 of the Military Construction
    Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
    181; 122 Stat. 519), shall remain in effect until October 1, 2009, or
    the date of the enactment of an Act authorizing funds for military
    construction for fiscal year 2010, whichever is later.

    [[Page 122 STAT. 4685]]

        (b) Table.--The table referred to in subsection (a) is as follows:

    [[Page 122 STAT. 4686]]

                                   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 Maintenance           $1,250,000
                                                                   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 122 STAT. 4687]]

                          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:

    [[Page 122 STAT. 4688]]

                                               Defense Education Activity
    ----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                     Amount
    ----------------------------------------------------------------------------------------------------------------
    Kentucky...............................  Fort Campbell..........................................     $21,400,000
    North Carolina.........................  Fort Bragg.............................................     $78,471,000
    ----------------------------------------------------------------------------------------------------------------

                                               Defense Intelligence Agency
    ----------------------------------------------------------------------------------------------------------------
                     State                                   Installation or Location                     Amount
    ----------------------------------------------------------------------------------------------------------------
    Illinois...............................  Scott Air Force Base...................................     $13,977,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4689]]

                                                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
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Maryland.......................................  Fort Meade.....................................     $31,000,000
    ----------------------------------------------------------------------------------------------------------------

                                               Special Operations Command
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    California.....................................  Naval Amphibious Base, Coronado................      $9,800,000
    Florida........................................  Eglin Air Force Base...........................      $40,000,00
                                                     Hurlburt Field.................................      $8,900,000
                                                     MacDill Air Force Base.........................     $10,500,000
    Kentucky.......................................  Fort Campbell..................................     $15,000,000
    New Mexico.....................................  Cannon Air Force Base..........................     $26,400,000
    North Carolina.................................  Fort Bragg.....................................     $38,250,000
    Virginia.......................................  Fort Story.....................................     $11,600,000
    Washington.....................................  Fort Lewis.....................................     $38,000,000
    ----------------------------------------------------------------------------------------------------------------

                                               TRICARE Management Activity
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Alaska.........................................  Fort Richardson................................      $6,300,000
    Colorado.......................................  Buckley Air Force Base.........................      $3,000,000
    Georgia........................................  Fort Benning...................................      $3,900,000
    Kentucky.......................................  Fort Campbell..................................     $24,000,000
    Maryland.......................................  Aberdeen Proving Ground........................    $430,000,000
    Missouri.......................................  Fort Leonard Wood..............................     $22,000,000
    Oklahoma.......................................  Tinker Air Force Base..........................     $65,000,000
    Texas..........................................  Fort Sam Houston...............................     $13,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4690]]

                                            Washington Headquarters Services
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Virginia.......................................  Pentagon Reservation...........................     $38,940,000
    ----------------------------------------------------------------------------------------------------------------

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

    [[Page 122 STAT. 4691]]

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

                                                 Missile Defense Command
    ----------------------------------------------------------------------------------------------------------------
                      Country                                  Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Czech Republic............................  Various Locations.....................................  $176,100,000
    Poland....................................  Various Locations.....................................  $661,380,000
    ----------------------------------------------------------------------------------------------------------------

                                               Special Operations Command
    ----------------------------------------------------------------------------------------------------------------
                      Country                                   Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Qatar.....................................  Al Udeid...............................................   $9,200,000
    ----------------------------------------------------------------------------------------------------------------

                                               TRICARE Management Activity
    ----------------------------------------------------------------------------------------------------------------
                      Country                                   Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Guam......................................  Naval Activities.......................................  $30,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4692]]

    SEC. 2402. ENERGY CONSERVATION PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2403(a)(6), the Secretary of Defense may carry
    out energy conservation projects under chapter 173 of title 10, United
    States Code, in the amount of $90,000,000.
    SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

        (a) In General.--Funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2008, for military
    construction, land acquisition, and military family housing functions of
    the Department of Defense (other than the military departments) in the
    total amount of $1,639,050,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2401(a), $740,811,000.
                (2) For military construction projects outside the United
            States authorized by section 2401(b), $246,360,000.
                (3) For unspecified minor military construction projects
            under section 2805 of title 10, United States Code, $28,853,000.
                (4) For contingency construction projects of the Secretary
            of Defense under section 2804 of title 10, United States Code,
            $5,000,000.
                (5) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $133,225,000.
                (6) For energy conservation projects authorized by section
            2402 of this Act, $90,000,000.
                (7) For support of military family housing, including
            functions described in section 2833 of title 10, United States
            Code, and credits to the Department of Defense Family Housing
            Improvement Fund under section 2883 of title 10, United States
            Code, and the Homeowners Assistance Fund established under
            section 1013 of the Demonstration Cities and Metropolitan
            Development Act of 1966 (42 U.S.C. 3374), $54,581,000.
                (8) For the construction of increment 4 of the regional
            security operations center at Augusta, Georgia, authorized by
            section 2401(a) of the Military Construction Authorization Act
            of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
            3497), as amended by section 7016 of the Emergency Supplemental
            Appropriation Act for Defense, the Global War on Terror, and
            Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 485),
            $100,220,000.
                (9) For the construction of increment 2 of the Army Medical
            Research Institute of Infectious Diseases Stage 1 at Fort
            Detrick, Maryland, authorized by section 2401(a) of the Military
            Construction Authorization Act of Fiscal Year 2007 (division B
            of Public Law 109-364; 120 Stat. 2457), $209,000,000.
                (10) For the construction of increment 2 of the special
            operations forces operational facility at Dam Neck, Virginia,
            authorized by section 2401(a) of the Military Construction
            Authorization Act of Fiscal Year 2008 (division B of Public Law
            110-181; 122 Stat. 521), $31,000,000.

        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2401 of this
    Act may not exceed the sum of the following:

    [[Page 122 STAT. 4693]]

                (1) The total amount authorized to be appropriated under
            paragraphs (1) and (2) of subsection (a).
                (2) $402,000,000 (the balance of the amount authorized for
            the TRICARE Management Activity under section 2401(a) for the
            construction of the United States Army Medical Research
            Institute of Infectious Diseases at Aberdeen Proving Ground,
            Maryland).
                (3) $618,780,000 (the balance of the amount authorized for
            the Missile Defense Command under section 2401(b) for the
            construction of the Ballistic Missile Defense, European
            Interceptor Site).
                (4) $67,540,000 (the balance of the amount authorized for
            the Missile Defense Command under section 2401(b) for the
            construction of the Ballistic Missile Defense, European Mid-
            Course Radar Site).
    SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
                              YEAR 2007 PROJECT.

        (a) Modification.--The table relating to the TRICARE Management
    Activity in section 2401(a) of the Military Construction Authorization
    Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
    2457) is amended in the item relating to Fort Detrick, Maryland, by
    striking ``$550,000,000'' in the amount column and inserting
    ``$683,000,000''.
        (b) Conforming Amendment.--Section 2405(b)(3) of that Act (120 Stat.
    2461) is amended by striking ``$521,000,000'' and inserting
    ``$654,000,000''.
    SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
                              YEAR 2005 PROJECTS.

        (a) Modification.--The table in section 2401(a) of the Military
    Construction Authorization Act for Fiscal Year 2005 (division B of
    Public Law 108-375; 118 Stat. 2112) is amended--
                (1) by striking the item relating to Defense Fuel Support
            Point, Naval Air Station, Oceana, Virginia; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$485,193,000''.

        (b) Conforming Amendments.--Section 2404(a) of that Act (118 Stat.
    2113) is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``$1,055,663,000'' and inserting ``$1,052,074,000''; and
                (2) in paragraph (1), by striking ``$411,782,000'' and
            inserting ``$408,193,000''.
    SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2006
                              PROJECT.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2006 (division B of
    Public Law 109-163; 119 Stat. 3501), authorizations set forth in the
    tables in subsection (b), as provided in section 2401 of that Act, shall
    remain in effect until October 1, 2009, or the date of the enactment of
    an Act authorizing funds for military construction for fiscal year 2010,
    whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

    [[Page 122 STAT. 4694]]

                            Defense Logistics Agency: Extension of 2006 Project Authorization
    ----------------------------------------------------------------------------------------------------------------
             Installation or Location                                   Project                             Amount
    ----------------------------------------------------------------------------------------------------------------
    Defense Logistics Agency..................  Defense Distribution Depot Susquehanna, New Cumberland,   $6,500,000
                                                 Pennsylvania.
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4695]]

              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:

    [[Page 122 STAT. 4696]]

                               Chemical Demilitarization Program: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                       Army                                     Installation or Location                    Amount
    ----------------------------------------------------------------------------------------------------------------
    Army......................................  Blue Grass Army Depot, Kentucky........................  $12,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4697]]

    SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
                              DEMILITARIZATION CONSTRUCTION, DEFENSE-
                              WIDE.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for military construction and land
    acquisition for chemical demilitarization in the total amount of
    $144,278,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2411(a), $12,000,000.
                (2) For the construction of phase 10 of a munitions
            demilitarization facility at Pueblo Chemical Activity, Colorado,
            authorized by section 2401(a) of the Military Construction
            Authorization Act for Fiscal Year 1997 (division B of Public Law
            104-201; 110 Stat. 2775), as amended by section 2406 of the
            Military Construction Authorization Act for Fiscal Year 2000
            (division B of Public Law 106-65; 113 Stat. 839) and section
            2407 of the Military Construction Authorization Act for Fiscal
            Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
            $65,060,000.
                (3) For the construction of phase 9 of a munitions
            demilitarization facility at Blue Grass Army Depot, Kentucky,
            authorized by section 2401(a) of the Military Construction
            Authorization Act for Fiscal Year 2000 (division B of Public Law
            106-65; 113 Stat. 835), as amended by section 2405 of the
            Military Construction Authorization Act for Fiscal Year 2002
            (division B of Public Law 107-107; 115 Stat. 1298) and section
            2405 of the Military Construction Authorization Act for Fiscal
            Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
            $67,218,000.
    SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
                              YEAR 1997 PROJECT.

        (a) Modifications.--The table in section 2401(a) of the Military
    Construction Authorization Act for Fiscal Year 1997 (division B of
    Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of the
    Military Construction Authorization Act for Fiscal Year 2000 (division B
    of Public Law 106-65; 113 Stat. 839) and section 2407 of the Military
    Construction Authorization Act for Fiscal Year 2003 (division B of
    Public Law 107-314; 116 Stat. 2699), is amended--
                (1) under the agency heading relating to the Chemical
            Demilitarization Program, in the item relating to Pueblo Army
            Depot, Colorado, by striking ``$261,000,000'' in the amount
            column and inserting ``$484,000,000''; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$830,454,000''.

        (b) Conforming Amendment.--Section 2406(b)(2) of the Military
    Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779), as
    so amended, is further amended by striking ``$261,000,000'' and
    inserting ``$484,000,000''.
    SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
                              YEAR 2000 PROJECT.

        (a) Modifications.--The table in section 2401(a) of the Military
    Construction Authorization Act for Fiscal Year 2000 (division B of
    Public Law 106-65; 113 Stat. 835), as amended by section 2405 of the
    Military Construction Authorization Act for Fiscal Year 2002 (division B
    of Public Law 107-107; 115 Stat. 1298) and section

    [[Page 122 STAT. 4698]]

    2405 of the Military Construction Authorization Act for Fiscal Year 2003
    (division B of Public Law 107-314; 116 Stat. 2698), is amended--
                (1) under the agency heading relating to Chemical
            Demilitarization, in the item relating to Blue Grass Army Depot,
            Kentucky, by striking ``$290,325,000'' in the amount column and
            inserting ``$492,000,000''; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$949,920,000''.

        (b) Conforming Amendment.--Section 2405(b)(3) of the Military
    Construction Authorization Act for Fiscal Year 2000 (division B of
    Public Law 106-65; 113 Stat. 839), as amended by section 2405 of the
    Military Construction Authorization Act for Fiscal Year 2002 (division B
    of Public Law 107-107; 115 Stat. 1298) and section 2405 of the Military
    Construction Authorization Act for Fiscal Year 2003 (division B of
    Public Law 107-314; 116 Stat. 2698), is further amended by striking
    ``$267,525,000'' and inserting ``$469,200,000''.

       TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                     PROGRAM

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

    SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
                              PROJECTS.

        The Secretary of Defense may make contributions for the North
    Atlantic Treaty Organization Security Investment Program as provided in
    section 2806 of title 10, United States Code, in an amount not to exceed
    the sum of the amount authorized to be appropriated for this purpose in
    section 2502 and the amount collected from the North Atlantic Treaty
    Organization as a result of construction previously financed by the
    United States.
    SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for contributions by the Secretary
    of Defense under section 2806 of title 10, United States Code, for the
    share of the United States of the cost of projects for the North
    Atlantic Treaty Organization Security Investment Program authorized by
    section 2501, in the amount of $230,867,000.

                 TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

    [[Page 122 STAT. 4699]]

    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:

    [[Page 122 STAT. 4700]]

                                                   Army National Guard
    ----------------------------------------------------------------------------------------------------------------
                       State                                            Location                           Amount
    ----------------------------------------------------------------------------------------------------------------
    Alabama...................................  Fort McClellan........................................    $3,000,000
    Alaska....................................  Bethel Armory.........................................   $16,000,000
    Arizona...................................  Camp Navajo...........................................   $13,000,000
                                                Florence..............................................   $13,800,000
                                                Papago Military Reservation...........................   $24,000,000
    Arkansas..................................  Cabot.................................................   $10,868,000
    Colorado..................................  Denver................................................    $9,000,000
                                                Grand Junction........................................    $9,000,000
    Connecticut...............................  Camp Rell.............................................   $28,000,000
                                                East Haven............................................   $13,800,000
    Delaware..................................  New Castle............................................   $28,000,000
    Florida...................................  Camp Blanding.........................................   $33,307,000
    Georgia...................................  Dobbins Air Reserve Base..............................   $45,000,000
    Idaho.....................................  Orchard Training Area.................................    $1,850,000
    Illinois..................................  Urbana Armory.........................................   $16,186,000
    Indiana...................................  Camp Atterbury........................................    $5,800,000
                                                Lawrence..............................................   $21,000,000
                                                Muscatatuck...........................................    $6,000,000
    Iowa......................................  Camp Dodge............................................    $1,500,000
                                                Davenport.............................................    $1,550,000
                                                Mount Pleasant........................................    $1,500,000
    Kentucky..................................  London................................................    $7,191,000
    Maine.....................................  Bangor................................................   $20,000,000
    Maryland..................................  Edgewood..............................................   $28,000,000
                                                Salisbury.............................................    $9,800,000
    Massachusetts.............................  Methuen...............................................   $21,000,000
    Michigan..................................  Camp Grayling.........................................   $22,943,000
    Minnesota.................................  Arden Hills...........................................   $15,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4701]]

                                             Army National Guard--Continued
    ----------------------------------------------------------------------------------------------------------------
                       State                                            Location                           Amount
    ----------------------------------------------------------------------------------------------------------------
    Nevada....................................  Elko..................................................   $11,375,000
    New York..................................  Fort Drum.............................................   $11,000,000
                                                Queensbury............................................    $5,900,000
    Ohio......................................  Camp Perry............................................    $2,000,000
                                                Ravenna...............................................    $2,000,000
    Pennsylvania..............................  Honesdale.............................................    $6,117,000
    Rhode Island..............................  North Kingstown.......................................    $5,000,000
    South Carolina............................  Anderson..............................................   $12,000,000
                                                Beaufort..............................................    $3,400,000
                                                Eastover..............................................   $28,000,000
                                                Hemingway.............................................    $4,600,000
    South Dakota..............................  Camp Rapid............................................   $14,463,000
                                                Rapid City............................................   $29,000,000
    Tennessee.................................  Tullahoma.............................................   $10,372,000
    Utah......................................  Camp Williams.........................................   $17,500,000
    Vermont...................................  Ethan Allen Firing Range..............................   $10,200,000
    Virginia..................................  Arlington.............................................   $15,500,000
                                                Fort Pickett..........................................    $2,950,000
    Washington................................  Fort Lewis (Gray Army Airfield).......................   $32,000,000
    West Virginia.............................  Camp Dawson...........................................    $9,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4702]]

    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:

    [[Page 122 STAT. 4703]]

                                                      Army Reserve
    ----------------------------------------------------------------------------------------------------------------
                       State                                            Location                            Amount
    ----------------------------------------------------------------------------------------------------------------
    California................................  Fort Hunter Liggett....................................   $3,950,000
    Hawaii                                      Fort Shafter...........................................  $19,199,000
    Idaho.....................................  Hayden Lake............................................   $9,580,000
    Kansas....................................  Dodge City.............................................   $8,100,000
    Maryland..................................  Baltimore..............................................  $11,600,000
    Massachusetts.............................  Fort Devens............................................   $1,900,000
    Michigan..................................  Saginaw................................................  $11,500,000
    Missouri..................................  Weldon Springs.........................................  $11,700,000
    Nevada....................................  Las Vegas..............................................  $33,900,000
    New Jersey................................  Fort Dix...............................................   $3,825,000
    New York..................................  Kingston...............................................  $13,494,000
                                                Shoreham...............................................  $15,031,000
                                                Staten Island..........................................  $18,550,000
    North Carolina............................  Raleigh................................................  $25,581,000
    Pennsylvania..............................  Letterkenny Army Depot.................................  $14,914,000
    Tennessee.................................  Chattanooga............................................  $10,600,000
    Texas.....................................  Sinton.................................................   $9,700,000
    Washington................................  Seattle................................................  $37,500,000
    Wisconsin.................................  Fort McCoy.............................................   $4,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4704]]

    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:

    [[Page 122 STAT. 4705]]

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

    [[Page 122 STAT. 4706]]

    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:

    [[Page 122 STAT. 4707]]

                                                   Air National Guard
    ----------------------------------------------------------------------------------------------------------------
                       State                                           Location                            Amount
    ----------------------------------------------------------------------------------------------------------------
    Arkansas..................................  Little Rock Air Force Base............................    $4,000,000
    Colorado..................................  Buckley Air Force Base................................    $4,200,000
    Connecticut...............................  Bradley International Airport.........................    $7,200,000
    Delaware..................................  New Castle County Airport.............................   $14,800,000
    Georgia...................................  Savannah Combat Readiness Training Center.............    $7,500,000
    Indiana...................................  Fort Wayne International Airport......................    $5,600,000
    Iowa......................................  Fort Dodge............................................    $5,600,000
    Kansas....................................  Smoky Hill Air National Guard Range...................    $7,100,000
    Maryland..................................  Martin State Airport..................................    $7,900,000
    Massachusetts.............................  Otis Air National Guard Base..........................   $14,300,000
    Minnesota.................................  Duluth 148th Fighter Wing Base........................    $4,500,000
                                                Minneapolis-St. Paul..................................    $1,500,000
    Mississippi...............................  Gulfport-Biloxi International Airport.................    $3,400,000
    New Jersey................................  Atlantic City International Airport...................    $8,400,000
    New York..................................  Gabreski Airport, Westhampton.........................    $7,500,000
                                                Hancock Field.........................................   $10,400,000
    Ohio......................................  Springfield Air National Guard Base...................   $12,800,000
    Rhode Island..............................  Quonset State Airport.................................    $7,700,000
    South Dakota..............................  Joe Foss Field........................................    $4,500,000
    Tennessee.................................  Knoxville.............................................    $8,000,000
    Texas.....................................  Ellington Field.......................................    $7,600,000
                                                Fort Worth Naval Air Station Joint Reserve Base.......    $5,000,000
    Vermont...................................  Burlington International Airport......................    $6,600,000
    Washington................................  McChord Air Force Base................................    $8,600,000
    West Virginia.............................  Yeager Airport, Charleston............................   $27,000,000
    Wisconsin.................................  Truax Field...........................................    $6,300,000
    Wyoming...................................  Cheyenne Municipal Airport............................    $7,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4708]]

    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:

    [[Page 122 STAT. 4709]]

                                                   Air Force Reserve
    ----------------------------------------------------------------------------------------------------------------
                       State                                            Location                            Amount
    ----------------------------------------------------------------------------------------------------------------
    Georgia...................................  Dobbins Air Reserve Base...............................   $6,450,000
    Oklahoma..................................  Tinker Air Force Base..................................   $9,900,000
    New York..................................  Niagara Falls Air Reserve Station......................   $9,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4710]]

    SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND
                              RESERVE.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for the costs of acquisition,
    architectural and engineering services, and construction of facilities
    for the Guard and Reserve Forces, and for contributions therefor, under
    chapter 1803 of title 10, United States Code (including the cost of
    acquisition of land for those facilities), in the following amounts:
                (1) For the Department of the Army--
                        (A) for the Army National Guard of the United
                    States, $736,317,000; and
                        (B) for the Army Reserve, $282,607,000.
                (2) For the Department of the Navy, for the Navy and Marine
            Corps Reserve, $57,045,000.
                (3) For the Department of the Air Force--
                        (A) for the Air National Guard of the United States,
                    $242,924,000; and
                        (B) for the Air Force Reserve, $36,958,000.
    SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
                              YEAR 2008 PROJECT.

        The table in section 2601 of the Military Construction Authorization
    Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
    527) is amended in the item relating to North Kingstown, Rhode Island,
    by striking ``$33,000,000'' in the amount column and inserting
    ``$38,000,000''.
    SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2006
                              PROJECTS.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2006 (division B of
    Public Law 109-163; 119 Stat. 3501), the authorizations set forth in the
    table in subsection (b), as provided in section 2601 of that Act, shall
    remain in effect until October 1, 2009, or the date of the enactment of
    an Act authorizing funds for military construction for fiscal year 2010,
    whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

    [[Page 122 STAT. 4711]]

                              Army National Guard: Extension of 2006 Project Authorizations
    ----------------------------------------------------------------------------------------------------------------
                   State                    Installation or Location                Project                 Amount
    ----------------------------------------------------------------------------------------------------------------
    California.........................  Camp Roberts..................  Urban Assault Course..........   $1,485,000
    Idaho..............................  Gowen Field...................  Railhead, Phase 1.............   $8,331,000
    Mississippi........................  Biloxi........................  Readiness Center..............  $16,987,000
                                         Camp Shelby...................  Modified Record Fire Range....   $2,970,000
    Montana............................  Townsend......................  Automated Qualification          $2,532,000
                                                                          Training Range.
    Pennsylvania.......................  Philadelphia..................  Stryker Brigade Combat Team     $11,806,000
                                                                          Readiness Center.
                                                                         OrganizationalMaintenance Shop   $6,144,930
                                                                          #7.
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4712]]

    SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2005
                              PROJECT.

        (a) Extension.--Notwithstanding section 2701 of the Military
    Construction Authorization Act for Fiscal Year 2005 (division B of
    Public Law 108-375; 118 Stat. 2116), the authorization set forth in the
    table in subsection (b), as provided in section 2601 of that Act, shall
    remain in effect until October 1, 2009, or the date of the enactment of
    an Act authorizing funds for military construction for fiscal year 2010,
    whichever is later.
        (b) Table.--The table referred to in subsection (a) is as follows:

    [[Page 122 STAT. 4713]]

                              Army National Guard: Extension of 2005 Project Authorization
    ----------------------------------------------------------------------------------------------------------------
                   State                    Installation or Location                 Project                Amount
    ----------------------------------------------------------------------------------------------------------------
    California.........................  Dublin........................  Readiness Center, Add/Alt       $11,318,000
                                                                          (ADRS).
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4714]]

              TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                           Subtitle A--Authorizations

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

             Subtitle B--Amendments to Base Closure and Related Laws

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

                            Subtitle C--Other Matters

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

                           Subtitle A--Authorizations

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

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for base closure and realignment
    activities, including real property acquisition and military
    construction projects, as authorized by the Defense Base Closure and
    Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
    U.S.C. 2687 note) and funded through the Department of Defense Base
    Closure Account 1990 established by section 2906 of such Act, in the
    total amount of $458,377,000, as follows:
                (1) For the Department of the Army, $87,855,000.
                (2) For the Department of the Navy, $228,700,000.
                (3) For the Department of the Air Force, $139,155,000.
                (4) For the Defense Agencies, $2,667,000.
    SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
                              FUNDED THROUGH DEPARTMENT OF DEFENSE
                              BASE CLOSURE ACCOUNT 2005.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2703, the Secretary of Defense may carry out
    base closure and realignment activities, including real property
    acquisition and military construction projects, as authorized by the
    Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
    of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
    Department of Defense Base Closure Account 2005 established by section
    2906A of such Act, in the amount of $6,982,334,000.

    [[Page 122 STAT. 4715]]

    SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND
                              REALIGNMENT ACTIVITIES FUNDED THROUGH
                              DEPARTMENT OF DEFENSE BASE CLOSURE
                              ACCOUNT 2005.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2008, for base closure and realignment
    activities, including real property acquisition and military
    construction projects, as authorized by the Defense Base Closure and
    Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
    U.S.C. 2687 note) and funded through the Department of Defense Base
    Closure Account 2005 established by section 2906A of such Act, in the
    total amount of $9,065,386,000, as follows:
                (1) For the Department of the Army, $4,486,178,000.
                (2) For the Department of the Navy, $871,492,000.
                (3) For the Department of the Air Force, $1,072,925,000.
                (4) For the Defense Agencies, $2,634,791,000.

             Subtitle B--Amendments to Base Closure and Related Laws

    SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGNMENT
                              REPORTING REQUIREMENTS.

        (a) Termination of Reporting Requirements After Fiscal Year 2014.--
    Section 2907 of the Defense Base Closure and Realignment Act of 1990
    (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
    amended--
                (1) by striking ``As part of the budget request for fiscal
            year 2007 and for each fiscal year thereafter'' and inserting
            ``(a) Reporting Requirement.--As part of the budget request for
            fiscal year 2007 and for each fiscal year thereafter through
            fiscal year 2016''; and
                (2) by adding at the end the following new subsection:

        ``(b) Termination of Reporting Requirements Related to Realignment
    Actions.--The reporting requirements under subsection (a) shall
    terminate with respect to realignment actions after the report submitted
    with the budget for fiscal year 2014.''.
        (b) Exclusion of Descriptions of Realignment Actions.--Subsection
    (a) of such section, as designated and amended by subsection (a)(1) of
    this section, is further amended--
                (1) in paragraph (1), by striking ``and realignment'' both
            places it appears;
                (2) in paragraph (2), by striking ``and realignments''; and
                (3) in paragraphs (3), (4), (5), (6), and (7), by striking
            ``or realignment'' each place it appears.
    SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST AND
                              SCOPE OF WORK VARIATIONS FOR MILITARY
                              CONSTRUCTION AND MILITARY FAMILY HOUSING
                              PROJECTS RELATED TO BASE CLOSURES AND
                              REALIGNMENTS.

        (a) Correction of Citation in Amendatory Language.--
                (1) In general.--Section 2704(a) of the Military
            Construction Authorization Act for Fiscal Year 2008 (division B
            of Public Law 110-181; 122 Stat. 532) is amended--
                        (A) in subsection (a), by striking ``Section 2905A''
                    and inserting ``Section 2906A''; and

    [[Page 122 STAT. 4716]]

                        (B) in subsection (b), by striking ``section 2905A''
                    and inserting ``section 2906A''.
                (2) Effective date.--The amendments made by paragraph (1)
            shall take effect on January 28, 2008, as if included in the
            enactment of section 2704 of the Military Construction
            Authorization Act for Fiscal Year 2008.

        (b) Correction of Scope or Work Variation Limitation.--Subsection
    (f) of section 2906A of the Defense Base Closure and Realignment Act of
    1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
    as added by section 2704(a) of the Military Construction Authorization
    Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
    532) and amended by subsection (a), is amended by striking ``20 percent
    or $2,000,000, whichever is greater'' and inserting ``20 percent or
    $2,000,000, whichever is less''.

                            Subtitle C--Other Matters

    SEC. 2721. <<NOTE: Maryland. Virginia.>>  INDEPENDENT DESIGN
                              REVIEW OF NATIONAL NAVAL MEDICAL CENTER
                              AND MILITARY HOSPITAL AT FORT BELVOIR.

        (a) Findings.--Congress makes the following findings:
                (1) Military personnel and their families, as well as
            veterans and retired military personnel living in the National
            Capital region, deserve to be treated in world class medical
            facilities.
                (2) World class medical facilities are defined as
            incorporating the best practices of the premier private health
            facilities in the country as well as the collaborative input of
            military health care professionals into a design that supports
            the unique needs of military personnel and their families.
                (3) The closure of the Walter Reed Army Medical Center in
            Washington, D.C., and the resulting construction of the National
            Military Medical Center at the National Naval Medical Center,
            Bethesda, Maryland, and a new military hospital at Fort Belvoir,
            Virginia, offer the Department of Defense the opportunity to
            provide state-of-the-art and world-class medical facilities
            offering the highest quality of joint service care for members
            of the Armed Forces and their families.
                (4) Congress has supported a Department of Defense request
            to expedite the construction of the new facilities at Bethesda
            and Fort Belvoir in order to provide care in better facilities
            as quickly as possible.
                (5) The Department of Defense has a responsibility to ensure
            that the expedited design and construction of such facilities do
            not result in degradation of the quality standards required for
            world class facilities.

        (b) Independent Design Review.--
                (1) Establishment of design review panel.--The Secretary of
            Defense shall establish a panel consisting of medical facility
            design experts, military healthcare professionals,
            representatives of premier health care facilities in the United
            States, and patient representatives--
                        (A) to review design plans for the National Military
                    Medical Center and the new military hospital at Fort
                    Belvoir; and

    [[Page 122 STAT. 4717]]

                        (B) to advise the Secretary regarding whether the
                    design, in the view of the panel, will achieve the goal
                    of providing world-class medical facilities; and
                (2) Recommendations for changes to design plan.--If the
            panel determines that the design plans will not meet such goal,
            the panel shall make recommendations for changes to those plans
            to ensure the construction of world-class medical facilities.
                (3) Report.--Not later than 90 days after the date of the
            enactment of this Act, the panel shall submit to the Secretary
            of Defense a report on the findings and recommendations of the
            panel to address any deficiencies in the conceptual design
            plans.
                (4) Assessment of recommendations.--
            Not <<NOTE: Deadline. Reports.>>  later than 30 days after
            submission of the report under paragraph (3), the Secretary of
            Defense shall submit to the congressional defense committees a
            report including--
                        (A) an assessment by the Secretary of the findings
                    and recommendations of the panel; and
                        (B) the plans of the Secretary for addressing such
                    findings and recommendations.

        (c) Cost Estimate.--
                (1) Preparation.--The Department of Defense shall prepare a
            cost estimate of the total cost to be incurred by the United
            States to close Walter Reed Army Medical Center, design and
            construct replacement facilities at the National Naval Medical
            Center and Fort Belvoir, and relocate operations to the
            replacement facilities.
                (2) Submission.--The <<NOTE: Deadline.>>  Secretary of
            Defense shall submit the resulting cost estimate to the
            congressional defense committees as soon as possible, but in no
            case later than 120 days after the date of the enactment of this
            Act.

        (d) Milestone Schedule.--
                (1) Preparation.--The Secretary of Defense shall prepare a
            complete milestone schedule for the closure of Walter Reed Army
            Medical Center, the design and construction of replacement
            facilities at the National Naval Medical Center and Fort
            Belvoir, and the relocation of operations to the replacement
            facilities. The <<NOTE: Transition plan.>>  schedule shall
            include a detailed plan regarding how the Department of Defense
            will carry out the transition of operations between Walter Reed
            Army Medical Center and the replacement facilities.
                (2) Submission.--The <<NOTE: Deadline.>>  Secretary of
            Defense shall submit the resulting milestone schedule and
            transition plan to the congressional defense committees as soon
            as possible, but in no case later than 45 days after the date of
            the enactment of this Act.
    SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR
                              REFINERIES OR NUCLEAR POWER PLANTS.

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

    [[Page 122 STAT. 4718]]

             TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

             Subtitle B--Real Property and Facilities Administration

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

               Subtitle C--Provisions Related to Guam Realignment

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

                           Subtitle D--Energy Security

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

                          Subtitle E--Land Conveyances

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

                            Subtitle F--Other Matters

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

    [[Page 122 STAT. 4719]]

     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) <<NOTE: Recommen- dations.>>  In determining the scope of a
    proposed military construction project, the Secretary concerned shall
    submit to the President such recommendations as the Secretary considers
    to be appropriate regarding the incorporation and inclusion of life-
    cycle cost-effective practices as an element in the project documents
    submitted to Congress in connection with the budget submitted pursuant
    to section 1105 of title 31 for the fiscal year in which a contract is
    proposed to be awarded for the project.''.
    SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO CERTAIN
                              DOMESTIC ARMY FAMILY HOUSING LEASES TO
                              REFLECT PREVIOUSLY MADE ANNUAL
                              ADJUSTMENTS IN AMOUNT.

        Section 2828(b)(7)(A) of title 10, United States Code, is amended by
    striking ``$18,620 per unit'' and inserting ``$35,000 per unit''.
    SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER BUILD
                              AND LEASE AUTHORITY TO HOUSE MEMBERS
                              WITHOUT DEPENDENTS.

        (a) In General.--Subchapter II of chapter 169 of title 10, United
    States Code, is amended by inserting after section 2835 the following
    new section:
    ``Sec. 2835a. Use of military family housing constructed under
                        build and lease authority to house other
                        members

        ``(a) Individual Assignment of Members Without Dependents.--(1) To
    the extent that the Secretary concerned determines that military family
    housing constructed and leased under section 2835 of this title is not
    needed to house members of the armed forces eligible for assignment to
    military family housing, the Secretary may assign, without rental
    charge, members without dependents to the housing.

    [[Page 122 STAT. 4720]]

        ``(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) <<NOTE: Time periods.>>  a period of 21 days has
            expired following the date on which the notice is received by
            the committees or, if earlier, a period of 14 days has expired
            following the date on which a copy of the notice is provided in
            an electronic medium pursuant to section 480 of this title.

        ``(2) The notice required by paragraph (1) shall include--
                ``(A) an explanation of the reasons for the conversion of
            the military family housing to military unaccompanied housing;
                ``(B) a description of the long-term lease to be converted;
                ``(C) amounts to be paid under the lease; and
                ``(D) the expiration date of the lease.

        ``(d) Application to Housing Leased Under Former Authority.--This
    section also shall apply to housing initially acquired or constructed
    under the former section 2828(g) of this title (commonly known as the
    `Build to Lease program'), as added by section 801 of the Military
    Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat
    782).''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such subchapter is amended by inserting after the item relating to
    section 2835 the following new item:

    ``2835a. Use of military family housing constructed under build and
               lease authority to house other members.''.

    SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF
                              DEFENSE.

        (a) Leasing of Housing.--Subchapter II of chapter 169 of title 10,
    United States Code, is amended by inserting after section 2837 the
    following new section:
    ``Sec. 2838. Leasing of military family housing to Secretary of
                      Defense

        ``(a) Authority.--(1) The Secretary of a military department may
    lease to the Secretary of Defense military family housing in the
    National Capital Region (as defined in section 2674(f) of this title).
        ``(2) In determining the military housing unit to lease under this
    section, the Secretary of Defense should first consider any

    [[Page 122 STAT. 4721]]

    available military housing units that are already substantially equipped
    for executive communications and security.
        ``(b) Rental Rate.--A lease under subsection (a) shall provide for
    the payment by the Secretary of Defense of consideration in an amount
    equal to 105 percent of the monthly rate of basic allowance for housing
    prescribed under section 403(b) of title 37 for a member of the
    uniformed services in the pay grade of O-10 with dependents assigned to
    duty at the military installation on which the leased housing unit is
    located. A rate so established shall be considered the fair market value
    of the lease interest.
        ``(c) Treatment of Proceeds.--(1) The Secretary of a military
    department shall deposit all amounts received pursuant to leases entered
    into by the Secretary under this section into a special account in the
    Treasury established for such military department.
        ``(2) The proceeds deposited into the special account of a military
    department pursuant to paragraph (1) shall be available to the Secretary
    of that military department, without further appropriation, for the
    maintenance, protection, alteration, repair, improvement, or restoration
    of military housing on the military installation at which the housing
    leased pursuant to subsection (a) is located.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such subchapter is amended by adding at the end the following new item:

    ``2838. Leasing of military family housing to Secretary of Defense.''.

    SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY
                              HOUSING PRIVATIZATION INITIATIVE
                              PROJECTS.

        (a) Oversight and Accountability.--
                (1) In general.--Subchapter IV of chapter 169 of title 10,
            United States Code, is amended by adding at the end the
            following new section:
    ``Sec. 2885. Oversight and accountability for privatization
                      projects

        ``(a) Oversight and Accountability Measures.--
    Each <<NOTE: Regulations.>>  Secretary concerned shall prescribe
    regulations to effectively oversee and manage military housing
    privatization projects carried out under this subchapter. The
    regulations shall include the following requirements for each
    privatization project:
                ``(1) <<NOTE: Deadlines. Reports.>>  The installation asset
            manager shall conduct monthly site visits and provide quarterly
            reports on the progress of the construction or renovation of the
            housing units. The reports shall be submitted quarterly to the
            assistant secretary for installations and environment of the
            respective military department.
                ``(2) The installation asset manager, and, as applicable,
            the resident construction manager, privatization asset manager,
            bondholder representative, project owner, developer, general
            contractor, and construction consultant for the project shall
            conduct meetings to ensure that the construction or renovation
            of the units meets performance and schedule requirements and
            that appropriate operating and ground lease agreements are in
            place and adhered to.
                ``(3) <<NOTE: Notice.>>  If a project is 90 days or more
            behind schedule or otherwise appears to be substantially failing
            to adhere to the

    [[Page 122 STAT. 4722]]

            obligations or milestones under the contract, the assistant
            secretary for installations and environment of the respective
            military department shall submit a notice of deficiency to the
            Deputy Under Secretary of Defense (Installations and
            Environment), the Secretary concerned, the managing member, and
            the trustee for the project.
                ``(4)(A) <<NOTE: Deadlines.>>  Not later than 15 days after
            the submittal of a notice of deficiency under paragraph (3), the
            Secretary concerned or designated representative shall submit to
            the project owner, developer, or general contractor responsible
            for the project a summary of deficiencies related to the
            project.
                ``(B) If the project owner, developer, or general contractor
            responsible for the privatization project is unable, within 60
            days after receiving a notice of deficiency under subparagraph
            (A), to make progress on the issues outlined in such notice, the
            Secretary concerned shall notify the congressional defense
            committees of the status of the project, and shall provide a
            recommended course of action to correct the problems.

        ``(b) Required Qualifications.--The Secretary concerned or
    designated representative shall ensure that the project owner,
    developer, or general contractor that is selected for each military
    housing privatization initiative project has construction experience
    commensurate with that required to complete the project.
        ``(c) Bonding Levels.--The Secretary concerned shall ensure that the
    project owner, developer, or general contractor responsible for a
    military housing privatization initiative project has sufficient payment
    and performance bonds or suitable instruments in place for each phase of
    a construction or renovation portion of the project to ensure successful
    completion of the work in amounts as agreed to in the project's legal
    documents, but in no case less than 50 percent of the total value of the
    active phases of the project, prior to the commencement of work for that
    phase.
        ``(d) Reporting of Efforts To Select Successor in Event of
    Default.--In the event a military housing privatization initiative
    project enters into default, the assistant secretary for installations
    and environment of the respective military department shall submit a
    report to the congressional defense committees every 90 days detailing
    the status of negotiations to award the project to a new project owner,
    developer, or general contractor.
        ``(e) Effect of Notices of Deficiency on Contractors and Affiliated
    Entities.--(1) The <<NOTE: Records.>>  Secretary concerned shall keep a
    record of all plans of action or notices of deficiency issued to a
    project owner, developer, or general contractor under subsection (a)(4),
    including the identity of each parent, subsidiary, affiliate, or other
    controlling entity of such owner, developer, or contractor.

        ``(2) Each military department shall consult all records maintained
    under paragraph (1) when reviewing the past performance of owners,
    developers, and contractors in the bidding process for a contract or
    other agreement for a military housing privatization initiative
    project.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of such subchapter is amended by adding at the end the
            following new item:

    ``2885. Oversight and accountability for privatization projects.''.

    [[Page 122 STAT. 4723]]

        (b) Report for Identifying and Communicating Best Practices for
    Transactions.--Section 2884(b) of such title is amended by adding at the
    end the following new paragraph:
                ``(7) A report on best practices for the execution of
            housing privatization initiatives, including--
                        ``(A) effective means to track and verify proper
                    performance, schedule, and cash flow;
                        ``(B) means of overseeing the actions of bondholders
                    to properly monitor construction progress and
                    construction draws;
                        ``(C) effective structuring of transactions to
                    ensure the United States Government has adequate
                    abilities to oversee project owner performance;
                        ``(D) ensuring that notices to proceed on new work
                    are not issued until proper bonding is in place; and
                        ``(E) such other topics that are identified as
                    pertinent by the Department of Defense.''.

        (c) Partnership With Eligible Entity Required.--Section 2871(5) of
    title 10, United States Code, is amended by inserting before the period
    at the end the following: ``that is prepared to enter into a contract as
    a partner with the Secretary concerned for the construction of military
    housing units and ancillary supporting facilities''.
        (d) Competitive Process for Conveyance or Lease of Property.--
    Section 2878 of such title is amended--
                (1) by redesignating subsections (c) and (d) as subsections
            (d) and (e); respectively; and
                (2) by inserting after subsection (b) the following new
            subsection:

        ``(c) Competitive Process.--The Secretary concerned shall ensure
    that the time, method, and terms and conditions of the reconveyance or
    lease of property or facilities under this section from the eligible
    entity permit full and free competition consistent with the value and
    nature of the property or facilities involved.''.
        (e) Treatment of Acquired or Constructed Housing Units.--
                (1) Repeal of separate assignment authority.--Section 2882
            of such title is amended to read as follows:
    ``Sec. 2882. Effect of assignment of members to housing units
                      acquired or constructed under alternative
                      authority

        ``(a) Treatment as Quarters of the United States.--Except as
    provided in subsection (b), housing units acquired or constructed under
    this subchapter shall be considered as quarters of the United States or
    a housing facility under the jurisdiction of a uniformed service for
    purposes of section 403 of title 37.
        ``(b) Availability of Basic Allowance for Housing.--A member of the
    armed forces who is assigned to a housing unit acquired or constructed
    under this subchapter that is not owned or leased by the United States
    shall be entitled to a basic allowance for housing under section 403 of
    title 37.
        ``(c) Lease Payments Through Pay Allotments.--The Secretary
    concerned may require members of the armed forces who lease housing in
    housing units acquired or constructed under this subchapter to make
    lease payments for such housing pursuant

    [[Page 122 STAT. 4724]]

    to allotments of the pay of such members under section 701 of title
    37.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of subchapter IV of chapter 169 of such title is
            amended by striking the item relating to section 2882 and
            inserting the following new item:

    ``2882. Effect of assignment of members to housing units acquired or
               constructed under alternative authority.''.

        (f) Annual Report on Maintenance and Repair to Privatized General
    and Flag Officer Quarters.--Section 2884(b) of such title, as amended by
    subsection (b), is further amended by adding at the end the following
    new paragraph:
                ``(8) A report identifying each family housing unit acquired
            or constructed under this subchapter that is used, or intended
            to be used, as quarters for a general officer or flag officer
            and for which the total operation, maintenance, and repair costs
            for the unit exceeded $50,000. For each housing unit so
            identified, the report shall also include the total of such
            operation, maintenance, and repair costs.''.
    SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR
                              CONSTRUCTION PROJECTS INSIDE THE UNITED
                              STATES CENTRAL COMMAND AND UNITED STATES
                              AFRICA COMMAND AREAS OF RESPONSIBILITY.

        (a) One-Year Extension of Authority.--Subsection (a) of section 2808
    of the Military Construction Authorization Act for Fiscal Year 2004
    (division B of Public Law 108-136; 117 Stat. 1723), as amended by
    section 2810 of the Military Construction Authorization Act for Fiscal
    Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section
    2809 of the Military Construction Authorization Act for Fiscal Year 2006
    (division B of Public Law 109-163; 119 Stat. 3508), section 2802 of the
    Military Construction Authorization Act for Fiscal Year 2007 (division B
    of Public Law 109-364; 120 Stat. 2466), and section 2801 of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 538), is further amended--
                (1) by striking ``2008'' and inserting ``2009''; and
                (2) by striking ``outside the United States'' and inserting
            ``inside the United States Central Command and United States
            Africa Command areas of responsibility''.

        (b) Exception for Projects in Afghanistan From Limitation on
    Authority Related to Long-Term United States Presence.--Such subsection,
    as so amended, is further amended by inserting before the period at the
    end of paragraph (2) the following: ``, unless the military installation
    is located in Afghanistan, for which projects using this authority may
    be carried out at installations deemed as supporting a long-term
    presence''.
        (c) Modification of Annual Limitation on Use of Authority.--
    Subsection (c) of section 2808 of the Military Construction
    Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
    136; 117 Stat. 1723) is amended to read as follows:
        ``(c) Annual Limitation on Use of Authority.--(1) The total cost of
    the construction projects carried out under the authority of this
    section using, in whole or in part, appropriated funds available for
    operation and maintenance shall not exceed $200,000,000 in a fiscal
    year.

    [[Page 122 STAT. 4725]]

        ``(2) <<NOTE: Certification.>>  If the Secretary of Defense
    certifies to the congressional defense committees that additional
    construction in Afghanistan is required to meet urgent military
    requirements in Afghanistan, up to an additional $300,000,000 in funds
    available for operation and maintenance may be used in Afghanistan upon
    completing the prenotification requirements under subsection (b). Under
    no circumstances shall the total appropriated funds available from
    operation and maintenance for fiscal year 2009 exceed $500,000,000.''.

        (d) Quarterly Reports.--Subsection (d)(1) of such section, as
    amended by section 2810 of the Military Construction Authorization Act
    for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2128)
    and section 2809 of the Military Construction Authorization Act for
    Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), is
    further amended by striking ``30 days'' and inserting ``45 days''.
    SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK FAMILY
                              HOUSING LLC.

        Not <<NOTE: Deadline.>>  later than 30 days after the date of the
    enactment of this Act, the Secretary of the Air Force shall submit to
    the congressional defense committees a cost-benefit analysis of
    dissolving Patrick Family Housing LLC without exercising the full range
    of rights available to the United States Government to recover damages
    from the partnership.

             Subtitle B--Real Property and Facilities Administration

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

        Section 2662(c) of title 10, United States Code, is amended by
    striking ``river and harbor projects or flood control projects'' and
    inserting ``water resource development projects of the Corps of
    Engineers''.
    SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY
                              DEPARTMENTS AND DEFENSE AGENCIES.

        (a) Consolidation of Separate Authorities.--
                (1) Establishment of single authority.--Subsection (a) of
            section 2667 of title 10, United States Code, is amended to read
            as follows:

        ``(a) Lease Authority.--Whenever the Secretary concerned considers
    it advantageous to the United States, the Secretary concerned may lease
    to such lessee and upon such terms as the Secretary concerned considers
    will promote the national defense or to be in the public interest, real
    or personal property that--
                ``(1) is under the control of the Secretary concerned;
                ``(2) is not for the time needed for public use; and
                ``(3) is not excess property, as defined by section 102 of
            title 40.''.
                (2) Secretary concerned defined.--Subsection (i) of such
            section is amended by adding at the end the following new
            paragraph:
                ``(4) The term `Secretary concerned' means--

    [[Page 122 STAT. 4726]]

                        ``(A) the Secretary of a military department, with
                    respect to matters concerning that military department;
                    and
                        ``(B) the Secretary of Defense, with respect to
                    matters concerning the Defense Agencies.''.

        (b) Prohibition on Leaseback With Excessive Annual Payments.--
    Subsection (b) of such section is amended--
                (1) by striking ``and'' at the end of paragraph (5);
                (2) by striking the period at the end of paragraph (6) and
            inserting ``; and''; and
                (3) by adding at the end the following new paragraph:
                ``(7) may not provide for a leaseback by the Secretary
            concerned with an annual payment in excess of $500,000.''.

        (c) Improved Congressional Notification Requirements.--Paragraph (4)
    of subsection (c) of such section is amended to read as follows:
        ``(4)(A) <<NOTE: Deadlines. Reports.>>  Not later than 30 days
    before issuing a contract solicitation or other lease offering under
    this section for a lease whose annual payment, including any in-kind
    consideration to be accepted under subsection (b)(5) or this subsection,
    will exceed $750,000, the Secretary concerned shall submit to the
    congressional defense committees a report containing--
                ``(i) a description of the proposed lease, including the
            proposed duration of the lease;
                ``(ii) a description of the authorities to be used in
            entering the lease and the intended participation of the United
            States in the lease, including a justification of the intended
            method of participation;
                ``(iii) a statement of the scored cost of the lease,
            determined using the scoring criteria of the Office of
            Management and Budget;
                ``(iv) a determination that the property involved in the
            lease is not excess property, as required by subsection (a)(3),
            including the basis for the determination;
                ``(v) a determination that the proposed lease is directly
            compatible with the mission of the military installation or
            Defense Agency whose property is to be subject to the lease and
            the anticipated long-term use of the property at the conclusion
            of the lease; and
                ``(vi) a description of the requirements or conditions
            within the contract solicitation or other lease offering for the
            offeror to address taxation issues, including payments-in-lieu-
            of taxes, and other development issues related to local
            municipalities.

        ``(B) In the case of a lease described in subparagraph (A), the
    Secretary concerned also shall submit to the congressional defense
    committees a report at least 30 days before the date on which the
    Secretary concerned enters into a lease the following information:
                ``(i) A copy of the report submitted under subparagraph (A).
                ``(ii) A description of the differences between the report
            submitted under that subparagraph and the new report.
                ``(iii) A description of the lessee payment required under
            this section.''.

        (d) Conforming Amendments to References to Military Departments and
    Installations.--

    [[Page 122 STAT. 4727]]

                (1) Community support facilities and community support
            services.--Subsection (d) of such section is amended--
                        (A) in paragraph (2), by striking ``Secretary of a
                    military department'' and inserting ``Secretary
                    concerned''; and
                        (B) in paragraphs (3), (4), and (6), by striking
                    ``of the military department'' each place it appears.
                (2) Deposit and use of proceeds.--Subsection (e) of such
            section is amended--
                        (A) in paragraph (1)(A)--
                              (i) in the matter preceding clause (i)--
                                        (I) by striking ``Secretary of a
                                    military department'' and inserting
                                    ``Secretary concerned''; and
                                        (II) by striking ``such military
                                    department'' and inserting ``that
                                    Secretary''; and
                              (ii) in clause (iii), by striking ``military
                          department'' and inserting ``Secretary'';
                        (B) in paragraph (1)(B)(i), by striking ``Secretary
                    of a military department'' and inserting ``Secretary
                    concerned'';
                        (C) in paragraph (1)(C), by striking ``of a military
                    department pursuant to subparagraph (A) shall be
                    available to the Secretary of that military department''
                    and inserting ``established for the Secretary concerned
                    shall be available to the Secretary'';
                        (D) in paragraph (1)(D)--
                              (i) by striking ``of a military department
                          under subparagraph (A)'' and inserting
                          ``established for the Secretary concerned''; and
                              (ii) by inserting ``or Defense Agency
                          location'' after ``military installation'';
                        (E) in paragraph (1)(E), by striking
                    ``installation'' and inserting ``military installation
                    or Defense Agency location''; and
                        (F) in paragraph (3), by striking ``Secretary of a
                    military department'' and inserting ``Secretary
                    concerned''.
                (3) Base closure property.--Subsection (g)(1) of such
            section is amended by striking ``Secretary of a military
            department'' and inserting ``Secretary concerned''.

        (e) Repeal of Separate Defense Agency Authority.--
                (1) Repeal.--Section 2667a of such title is repealed.
                (2) <<NOTE: 10 USC 2667a note.>>  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

    [[Page 122 STAT. 4728]]

                    of Defense by subsection (e) of section 2667 of such
                    title, as amended by subsection (d)(2) of this section.

        (f) Clerical Amendments.--
                (1) Section heading.--The heading of section 2667 of such
            title is amended to read as follows:
    ``Sec. 2667. Leases: non-excess property of military departments
                      and Defense Agencies''.
                (2) Table of sections.--The table of sections at the
            beginning of chapter 159 of such title is amended by striking
            the items relating to sections 2667 and 2667a and inserting the
            following new item:

    ``2667. Leases: non-excess property of military departments and Defense
               Agencies.''.

    SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.

        Section 2688 of title 10, United States Code, is amended--
                (1) by redesignating subsection (j) as subsection (k); and
                (2) by inserting after subsection (i) the following new
            subsection:

        ``(j) Construction of Utility Infrastructure After Conveyance of a
    Utility System.--(1) Upon conveyance of a utility system, the Secretary
    of a military department may convey additional utility infrastructure
    under the jurisdiction of the Secretary on a military installation to a
    utility or entity to which a utility system for the installation has
    been conveyed under subsection (a) if the Secretary determines that--
                ``(A) the additional utility infrastructure was constructed
            or installed after the date of the conveyance of the utility
            system;
                ``(B) the additional utility infrastructure cannot operate
            without being a part of the conveyed utility system;
                ``(C) the additional utility infrastructure was planned and
            coordinated with the entity operating the conveyed utility
            system; and
                ``(D) the military department receives as consideration an
            amount equal to the fair market value of the utility
            infrastructure determined in the same manner as the
            consideration the Secretary could require under subsection (c)
            for a conveyance under subsection (a).

        ``(2) The conveyance under this paragraph may consist of all right,
    title, and interest of the United States or such lesser estate as the
    Secretary considers appropriate to serve the interests of the United
    States.''.
    SEC. 2814. DEFENSE ACCESS ROADS.

        (a) Basis for Transportation Needs Assessment.--Section 210(a) of
    title 23, United States Code, is amended--
                (1) by striking ``(a)'' and inserting ``(a)(1)''; and
                (2) by adding at the end the following new paragraph:

        ``(2) If it is determined that an action of the Department of
    Defense will cause a significant transportation impact to access to a
    military reservation, the Secretary of Defense shall conduct a
    transportation needs assessment to assess the magnitude of the
    improvement required to address the impact.''.
        (b) Report on Recently Identified Transportation Impacts.--Not later
    than April 1, 2009, the Secretary of Defense

    [[Page 122 STAT. 4729]]

    shall submit to the congressional defense committees and the Committee
    on Transportation and Infrastructure of the House of Representatives a
    report that details the significant transportation impacts resulting
    from actions of the Department of Defense since January 1, 2005. In the
    report, the Secretary shall assess the funding requirements necessary to
    address transportation needs resulting from these significant
    transportation impacts.
    SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-
                              TERRORISM STANDARDS TO GATES AND ENTRY
                              POINTS ON MILITARY INSTALLATIONS.

        (a) Report Required.--Not later than February 1, 2009, the Secretary
    of Defense shall submit to the congressional defense committees a report
    on the implementation of Department of Defense Anti-Terrorism/Force
    Protection standards at gates and entry points of military
    installations.
        (b) Content.--The report required under subsection (a) shall include
    the following:
                (1) A description of the anti-terrorism/force protection
            standards for gates and entry points.
                (2) An assessment, by installation, of whether the gates and
            entry points meet anti-terrorism/force protection standards.
                (3) An assessment of whether the standards are met with
            either temporary or permanent measures, facilities, or
            equipment.
                (4) A description and cost estimate of each action to be
            taken by the Secretary of Defense for each installation to
            ensure compliance with Department of Defense Anti-Terrorism/
            Force Protection standards using permanent measures and
            construction methods.
                (5) An investment plan to complete all action required to
            ensure compliance with the standards described under paragraph
            (1).

               Subtitle C--Provisions Related to Guam Realignment

    SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND
                              UTILITIES RELATED TO GUAM REALIGNMENT.

        (a) Nature of Special Purpose Entities.--It is the sense of Congress
    that any military family housing provided in connection with the
    realignment of military installations and the relocation of military
    personnel on Guam should--
                (1) be operated, to the extent practicable, in the manner
            provided for public-private ventures under subchapter IV of
            chapter 169 of title 10, United States Code; and
                (2) should be constructed in accordance with current
            Department of Defense building standards.

        (c) Utility Infrastructure Improvements.--It is the sense of
    Congress that the proposed utility infrastructure improvements on Guam
    should incorporate the civilian and military infrastructure into a
    single grid to realize and maximize the effectiveness of the overall
    utility system, if appropriate cost sharing and quality standards are
    met.

    [[Page 122 STAT. 4730]]

    SEC. 2822. FEDERAL ASSISTANCE TO GUAM.

        (a) Sense of Congress.--It is the sense of Congress that the
    Interagency Group on Insular Areas, in coordination with the appropriate
    Federal agencies, should enter into a memorandum of understanding with
    the Government of Guam to identify, before the realignment of military
    installations and the relocation of military personnel on Guam, local
    funding requirements for civilian infrastructure development and other
    needs related to the realignment and relocation.
        (b) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Comptroller General shall submit to the
    congressional defense committees a report on the status of interagency
    coordination through the Interagency Group on Insular Areas of budgetary
    requests to assist the Government of Guam with its budgetary
    requirements related to the realignment of military forces on Guam. The
    report shall address to what extent and how the Interagency Group on
    Insular Areas will be able to coordinate interagency budgets so the
    realignment of military forces on Guam will meet the 2014 completion
    date as stipulated in the May 2006 security agreement between the United
    States and Japan.
        (c) Interagency Group on Insular Areas Defined.--In this section,
    the term ``Interagency Group on Insular Areas'' means the interagency
    group established by Executive Order No. 13299 of May 12, 2003 (68 Fed.
    Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group
    or working group of that interagency group.
    SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA
                              ISLANDS FOR MILITARY BASE REUSE STUDIES
                              AND COMMUNITY PLANNING ASSISTANCE.

        (a) Inclusion in Definition of Military Installation.--Section
    2687(e)(1) of title 10, United States Code, is amended by inserting
    after ``Virgin Islands,'' the following: ``the Commonwealth of the
    Northern Mariana Islands,''.
        (b) Inclusion of Facilities Owned and Operated by Commonwealth.--
    Section 2391(d)(1) of title 10, United States Code, is amended by
    inserting after ``Guam,'' the following: ``the Commonwealth of the
    Northern Mariana Islands,''.
    SEC. 2824. <<NOTE: 10 USC 2687 note.>>  SUPPORT FOR REALIGNMENT OF
                              MILITARY INSTALLATIONS AND RELOCATION OF
                              MILITARY PERSONNEL ON GUAM.

        (a) Establishment of Account.--There is established on the books of
    the Treasury an account to be known as the ``Support for United States
    Relocation to Guam Account'' (in this section referred to as the
    ``Account'').
        (b) Credits to Account.--
                (1) Amounts in fund.--There shall be credited to the Account
            all contributions received during fiscal year 2009 and
            subsequent fiscal years under section 2350k of title 10, United
            States Code, for the realignment of military installations and
            the relocation of military personnel on Guam.
                (2) Notice of receipt of contributions.--
            The <<NOTE: Deadline.>>  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.

    [[Page 122 STAT. 4731]]

        (c) Use of Account.--
                (1) Authorized uses.--Subject to paragraph (2), amounts in
            the Account may be used as follows:
                        (A) To carry out or facilitate the carrying out of a
                    transaction authorized by this section in connection
                    with the realignment of military installations and the
                    relocation of military personnel on Guam, including
                    military construction, military family housing,
                    unaccompanied housing, general facilities constructions
                    for military forces, and utilities improvements.
                        (B) To carry out improvements of property or
                    facilities on Guam as part of such a transaction.
                        (C) To obtain property support services for property
                    or facilities on Guam resulting from such a transaction.
                        (D) To develop military facilities or training
                    ranges in the Commonwealth of the Northern Mariana
                    Islands.
                (2) Compliance with guam master plan.--Transactions
            authorized by paragraph (1) shall be consistent with the Guam
            Master Plan, as incorporated in decisions made in the manner
            provided in section 102 of the National Environmental Policy Act
            of 1969 (42 U.S.C. 4332).
                (3) Limitation regarding military housing.--To extent that
            the authorities provided under subchapter IV of chapter 169 of
            title 10, United States Code, are available to the Secretary of
            Defense, the Secretary shall use such authorities to acquire,
            construct, or improve family housing units or ancillary
            supporting facilities in connection with the relocation of
            military personnel on Guam.
                (4) Special requirements regarding use of contributions.--
                        (A) Treatment of contributions.--Except as provided
                    in subparagraph (C), the use of contributions referred
                    to in subsection (b)(1) shall not be subject to
                    conditions imposed on the use of appropriated funds by
                    chapter 169 of title 10, United States Code, or
                    contained in annual military construction appropriations
                    Acts.
                        (B) Notice of obligation.--
                    Contributions <<NOTE: Time periods.>>  referred to in
                    subsection (b)(1) may not be obligated for a transaction
                    authorized by paragraph (1) until the Secretary of
                    Defense submits to the congressional defense committees
                    notice of the transaction, including a detailed cost
                    estimate, and a period of 21 days has elapsed after the
                    date on which the notification is received by the
                    committees or, if earlier, a period of 14 days has
                    elapsed after the date on which a copy of the
                    notification is provided in an electronic medium.
                        (C) Cost and scope of work variations.--Section 2853
                    of title 10, United States Code, shall apply to the use
                    of contributions referred to in subsection (b)(1).

        (d) Transfer Authority.--
                (1) Transfer to housing funds.--The Secretary of Defense may
            transfer funds from the Account to the Department of Defense
            Family Housing Improvement Fund established by section
            2883(a)(1) of title 10, United States Code.
                (2) Treatment of transferred amounts.--Amounts transferred
            under paragraph (1) to a fund referred to in that paragraph
            shall be available in accordance with the provisions

    [[Page 122 STAT. 4732]]

            of section 2883 of title 10, United States Code for activities
            on Guam authorized under subchapter IV of chapter 169 of such
            title.

        (e) Report Regarding Guam Military Construction.--Not later than
    February 15 of each year, the Secretary of Defense shall submit to
    Congress a report containing information on each military construction
    project included in the budget submission for the next fiscal year
    related to the realignment of military installations and the relocation
    of military personnel on Guam. The Secretary shall present the
    information in manner consistent with the presentation of projects in
    the military construction accounts for each of the military departments
    in the budget submission. The report shall also include projects
    associated with the realignment of military installations and relocation
    of military personnel on Guam that are included in the future-years
    defense program pursuant to section 221 of title 10, United States Code.
        (f) Sense of Congress.--It is the sense of Congress that the use of
    the Account to facilitate construction projects associated with the
    realignment of military installations and the relocation of military
    personnel on Guam, as authorized by subsection (c)(1), provides a great
    opportunity for business enterprises of the United States and its
    territories to contribute to the United States strategic presence in the
    western Pacific by competing for contracts awarded for such
    construction. Congress urges the Secretary of Defense to ensure maximum
    participation by business enterprises of the United States and its
    territories in such construction.

                           Subtitle D--Energy Security

    SEC. 2831. 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) <<NOTE: Deadline.>>  If a proposed lease under subsection (a)
    involves a project related to energy production and the term of the
    lease exceeds 20 years, the Secretary concerned may not enter into the
    lease until at least 30 days after the date on which the Secretary of
    Defense submits to the congressional defense committees a certification
    that the project is consistent with the Department of Defense
    performance goals and plan required by section 2911 of this title.''.
    SEC. 2832. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS
                              ENERGY MANAGEMENT.

        Section 2925(a) of title 10, United States Code, is amended--
                (1) by striking the subsection heading and inserting the
            following: ``Annual Report Related to Installations Energy
            Management.--'';
                (2) in paragraph (1), by inserting ``, the Energy
            Independence and Security Act of 2007 (Public Law 110-140),''
            after ``58)''; and
                (3) by adding at the end the following new paragraph:
                ``(6) A description and estimate of the progress made by the
            military departments to meet the certification requirements for
            sustainable green-building standards in construction and major
            renovations as required by section 433 of the Energy

    [[Page 122 STAT. 4733]]

            Independence and Security Act of 2007 (Public Law 110-140; 121
            Stat. 1612).''.

                          Subtitle E--Land Conveyances

    SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, ALAMEDA,
                              CALIFORNIA.

        (a) Conveyance Authorized.--The Secretary of the Navy may convey to
    the redevelopment authority for the former Naval Air Station Alameda,
    California (in this section referred to as the ``redevelopment
    authority''), all right, title and interest of the United States in and
    to the real and personal property comprising Naval Air Station Alameda,
    except those parcels identified for public benefit conveyance and
    certain surplus lands at the Naval Air Station Alameda described in the
    Federal Register on November 5, 2007. In this section, the real and
    personal property to be conveyed under this section is referred to as
    the ``NAS Property''.
        (b) Multiple Conveyances.--The conveyance of the NAS Property may be
    conducted through multiple parcel transfers.
        (c) Consideration.--As consideration for the conveyance of the NAS
    Property under subsection (a), the Secretary of the Navy shall seek to
    obtain fair market value.
        (d) Existing Uses.--During the three-year period beginning on the
    date on which the first conveyance under this section is made, the
    redevelopment authority shall make reasonable efforts to accommodate the
    continued use by the United States of those portions of the NAS Property
    covered by a request for Federal Land Transfer so long as the
    accommodation of such use is at no cost or expense to the redevelopment
    authority. Such accommodations shall provide adequate protection for the
    endangered California Least Tern in accordance with the requirements of
    the existing Biological Opinion for Naval Air Station Alameda dated
    March 22, 1999, and any future amendments to the Biological Opinion.
        (e) Savings Provision.--Nothing in this section shall be construed
    to affect or limit the application of, or any obligation to comply with,
    any environmental law, including the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
    seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
        (f) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under this section shall
    be determined by a survey satisfactory to the Department.
        (g) Master Lease.--The Lease in Furtherance of Conveyance, dated
    June 2000, as amended, between the Secretary of the Navy and the
    redevelopment authority shall remain in full force and effect until
    conveyance of the NAS Property in accordance with this section, and a
    lease amendment recognizing this section shall be offered by the
    Secretary.
        (h) Treatment of Amounts Received.--Amounts received by the United
    States under this section shall be credited to the fund or account
    intended to receive proceeds from the disposal of the NAS Property
    pursuant to the Defense Base Closure and Realignment Act of 1990 (part A
    of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

    [[Page 122 STAT. 4734]]

        (i) Additional Terms and Conditions.--The Secretary of the Navy may
    require such additional terms and conditions in connection with the
    conveyance under subsection (a) as the Secretary considers appropriate
    to protect the interests of the United States.
    SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED
                              NAVAL SECURITY GROUP ACTIVITY, SKAGGS
                              ISLAND, CALIFORNIA.

        (a) Transfer Memorandum of Agreement.--The Secretary of the Navy and
    the Secretary of the Interior shall negotiate a memorandum of agreement
    that stipulates the conditions upon which the decommissioned Naval
    Security Group Activity, Skaggs Island, Sonoma, California shall be
    transferred from the administrative jurisdiction of the Department of
    the Navy to the United States Fish and Wildlife Service for inclusion in
    the National Wildlife Refuge System.
        (b) Acceptance of Donations; Use.--The Secretary of the Navy and the
    Secretary of the Interior may accept contributions from the State of
    California and other entities to help cover the costs of demolishing and
    removing structures on the property described in subsection (a) and to
    facilitate future environmental restoration that furthers the ultimate
    end use of the property for conservation purposes. Amounts received may
    be merged with other amounts available to the Secretaries to carry out
    this section and shall remain available, without further appropriation
    and until expended.
    SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, MARINE
                              CORPS LOGISTICS BASE, ALBANY, GEORGIA.

        (a) Transfer Authorized.--The Secretary of Defense may transfer any
    proceeds from the sale of approximately 120.375 acres of improved land
    located at the former Boyett Village Family Housing Complex at the
    Marine Corps Logistics Base, Albany, Georgia, into the Department of
    Defense Family Housing Improvement Fund established under section
    2883(a)(1) of title 10, United States Code, for carrying out activities
    under subchapter IV of chapter 169 of that title with respect to
    military family housing.
        (b) Notification Requirement.--A <<NOTE: Time period.>>  transfer of
    proceeds under subsection (a) may be made only after the end of the 30-
    day period beginning on the date the Secretary of Defense submits
    written notice of the transfer to the congressional defense committees.
    SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS ARMY
                              RESERVE CENTER, SPRINGFIELD, OHIO.

        (a) Conveyance Authorized.--At such time as the Army Reserve vacates
    the Sergeant First Class M.L. Downs Army Reserve Center at 1515 West
    High Street in Springfield, Ohio, the Secretary of the Army may convey,
    without consideration, to the City of Springfield, Ohio (in this section
    referred to as the ``City''), all right, title, and interest of the
    United States in and to the parcel of real property, including
    improvements thereon, containing the Reserve Center and approximately
    three acres for the purpose of permitting the City to utilize the
    property for municipal government activities.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the purpose of the conveyance, all right, title, and
    interest in and to such real property, including

    [[Page 122 STAT. 4735]]

    any improvements and appurtenant easements thereto, shall, at the option
    of the Secretary, revert to and become the property of the United
    States, and the United States shall have the right of immediate entry
    onto such real property. A determination by the Secretary under this
    subsection shall be made on the record after an opportunity for a
    hearing.
        (c) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under subsection (a)
    shall be determined by a survey satisfactory to the Secretary.
        (d) Payment of Costs of Conveyances.--
                (1) Payment required.--The Secretary shall require the City
            to cover costs to be incurred by the Secretary, or to reimburse
            the Secretary for costs incurred by the Secretary, to carry out
            the conveyance under subsection (a), including survey costs,
            costs related to environmental documentation, and other
            administrative costs related to the conveyance. If amounts are
            collected from the City in advance of the Secretary incurring
            the actual costs, and the amount collected exceeds the costs
            actually incurred by the Secretary to carry out the conveyance,
            the Secretary shall refund the excess amount to the City.
                (2) Treatment of amounts received.--Amounts received as
            reimbursements under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (e) Additional Term and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.
    SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY,
                              TENNESSEE.

        (a) Conveyance Authorization.--The Secretary of the Army may convey,
    without consideration, to the State of Tennessee all right, title, and
    interest of the United States in and to a parcel of real property,
    including any improvements thereon and appurtenant easements thereto,
    consisting of approximately 124 acres known as the John Sevier Range in
    Knox County, Tennessee, for the purpose of using such real property as a
    public firing range and for other public recreational activities.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the terms of the conveyance, all right, title, and
    interest in and to such real property, including any improvements and
    appurtenant easements thereto, shall, at the option of the Secretary,
    revert to and become the property of the United States, and the United
    States shall have the right of immediate entry onto such real property.
    A determination by the Secretary under this subsection shall be made on
    the record after an opportunity for a hearing.
        (c) Administrative Expenses.--In accordance with section 2695 of
    title 10, United State Code, the Secretary may accept amounts provided
    by the State to cover administrative expenses

    [[Page 122 STAT. 4736]]

    incurred by the Secretary with respect to the conveyance authorized
    under subsection (a), including survey expenses, expenses related to
    environmental documentation, and other administrative expenses related
    to such conveyance. Such amounts shall be credited, pursuant to
    subsection (c) of section 2695 of such title, to the appropriation,
    fund, or account from which such expenses were paid. If amounts are
    collected from the State in advance of the Secretary incurring such
    expenses, and the amount collected exceeds the expenses actually
    incurred by the Secretary, the Secretary shall refund the excess amount
    to the State.
        (d) Description of Property.--The exact acreage and legal
    description of the real property authorized to be conveyed under
    subsection (a) shall be determined by a survey satisfactory to the
    Secretary and the State.
        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance
    authorized under subsection (a) as the Secretary considers appropriate
    to protect the interests of the United States.
    SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, UTAH.

        (a) Conveyance Authorized.--If the Secretary of the Army determines
    that it is the national security interest of the United States, the
    Secretary may convey, without consideration, to the State of Utah (in
    this section, the ``State'') on behalf of the Utah National Guard all
    right, title, and interest of the United States in and to two parcels of
    real property, including improvements thereon, that are located within
    the boundaries of Camp Williams, Utah, consisting of approximately 608
    acres and 308 acres, respectively, and are identified in the Utah
    National Guard master plan.
        (b) Condition.--As <<NOTE: Deadline. Reports. Certification.>>  a
    condition of the conveyance, the Secretary shall, not later than 21 days
    before carrying out the conveyance, submit a report to Congress
    certifying that the purpose of the conveyance is to further the interest
    of national security and the property conveyed will be used for military
    purposes only.

        (c) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a), or any portion
    thereof, has been sold or is not being used in a manner consistent with
    subsection (b), the property shall revert, at the option of the
    Secretary, to the United States, and the United States shall have the
    right of immediate entry onto the property. Any determination of the
    Secretary under this subsection shall be made on the record after
    consultation with the Governor of the State of Utah and an opportunity
    for a hearing.
        (d) Payment of Costs of Conveyance.--
                (1) Payment required.--The Secretary shall require the State
            to cover costs to be incurred by the Secretary, or to reimburse
            the Secretary for costs incurred by the Secretary, to carry out
            the conveyance under subsection (a), including survey costs,
            costs related to environmental documentation, and other
            administrative costs related to the conveyance. If amounts are
            collected from the State in advance of the Secretary incurring
            the actual costs, and the amount collected exceeds the costs
            actually incurred by the Secretary to carry out the conveyance,
            the Secretary shall refund the excess amount to the State.

    [[Page 122 STAT. 4737]]

                (2) Treatment of amounts received.--Amounts received as
            reimbursements under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (e) Description of Real Property.--The exact acreage and legal
    description of the real property to be conveyed under subsection (a)
    shall be determined by a survey satisfactory to the Secretary.
        (f) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.
    SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL
                              THROUGH FORT BELVOIR, VIRGINIA.

        (a) Agreement Authority.--The Secretary of the Army may enter into a
    revocable at will easement with the Secretary of the Interior to provide
    land along the perimeter of Fort Belvoir, Virginia, to be used as a
    segment of the Potomac Heritage National Scenic Trail.
        (b) Selection Criteria.--In determining the extent of the easement,
    the Secretary of the Army shall provide for a single trail, and select
    alignments of the trail, along the perimeter of Fort Belvoir. In making
    that determination, the Secretary shall consider--
                (1) the perimeter security requirements to protect the
            assets, people, and agency missions located at Fort Belvoir;
                (2) the appropriate setback from adjacent roadways to
            provide for a safe and enjoyable experience for users of the
            trail; and
                (3) any planned future expansion of roadways, including
            United States Route 1, so that the trail will not be adversely
            impacted by roadway construction.

        (c) Trail Administration and Management.--A written agreement
    confirming an administration and management arrangement of any segment
    of the Potomac Heritage National Scenic Trail along the perimeter of
    Fort Belvoir shall be co-signed by the parties to the easement
    agreement.

                            Subtitle F--Other Matters

    SEC. 2851. <<NOTE: Virginia.>>  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''.

    [[Page 122 STAT. 4738]]

    SEC. 2852. <<NOTE: Ohio.>>  ACCEPTANCE AND USE OF GIFTS FOR
                              CONSTRUCTION OF ADDITIONAL BUILDING AT
                              NATIONAL MUSEUM OF THE UNITED STATES AIR
                              FORCE, WRIGHT-PATTERSON AIR FORCE BASE.

        (a) Acceptance Authorized.--The Secretary of the Air Force may
    accept from the Air Force Museum Foundation, a private nonprofit
    corporation, gifts in the form of cash, treasury instruments, or
    comparable United States securities for the purpose of paying the costs
    of design and construction of a fourth building for the National Museum
    of the United States Air Force at Wright-Patterson Air Force Base, Ohio.
    In making a gift, the Air Force Museum Foundation may specify that all
    or part of the amount of the gift be utilized solely for the purpose of
    the design and construction of a particular portion of the building and
    for contract management related to such design and construction.
        (b) Escrow Account.--
                (1) Deposit of gifts.--The Secretary of the Air Force,
            acting through the Director of Financial Management of the Air
            Force Materiel Command (in this section referred to as the
            ``Director''), shall deposit the amount of any gift accepted
            under subsection (a) in an escrow account established for that
            purpose.
                (2) Investment.--Amounts in the escrow account not required
            to meet current requirements of the account shall be invested in
            public debt securities with maturities suitable to the needs of
            the account, as determined by the Director, and bearing interest
            at rates that take into consideration current market yields on
            outstanding marketable obligations of the United States of
            comparable securities. The income on such investments shall be
            credited to and form a part of the account.
                (3) Liquidation.--Upon final payment of all invoices and
            claims associated with the design and construction of the
            building described in subsection (a), the Secretary shall
            terminate the escrow account. Any amounts remaining in the
            account upon termination shall be available to the Secretary, in
            such amounts as are provided in advance in appropriations Acts,
            for such purposes as the Secretary considers appropriate.

        (c) Use of Gifts.--
                (1) Design, construction, and contract management.--Subject
            to any conditions imposed by the Air Force Museum Foundation
            under subsection (a), the Director shall use amounts in the
            escrow account, including income on investments, to pay all
            costs for the design and construction of a fourth building for
            the National Museum of the United States Air Force and all costs
            for contract management related to such design and construction.
            The requirement imposed by this paragraph includes making
            progress payments for such design and construction.
                (2) Sole source of funds.--Gifts received under subsection
            (a) and income on investments made under subsection (b)(2) shall
            be the sole source of funds used to pay all costs for the design
            and construction of a fourth building for the National Museum of
            the United States Air Force and all costs for contract
            management related to such design and construction.

    [[Page 122 STAT. 4739]]

                (3) Time for payment.--Amounts shall be payable under
            paragraph (1) upon receipt by the Director of a notification
            from the technical representative of the contracting officer
            that construction activities for which such amounts are payable
            under paragraph (1) have been undertaken. To the maximum extent
            practicable consistent with good business practice, the Director
            shall limit payment of amounts from the account in order to
            maximize the return on investment of amounts in the account.

        (d) Limitation on Contracts.--The Secretary of the Air Force may not
    initiate a contract for the design or construction of a particular
    portion of the building described in subsection (a) until amounts in the
    escrow account are sufficient to cover the amount of the contract.
    SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR NAVAL
                              BASE, HAWAII.

        (a) Lease.--The Secretary of the Navy shall enter into a lease with
    the USS Missouri Memorial Association to authorize the USS Missouri
    Memorial Association to use the pier Foxtrot Five and related real
    property on Ford Island, Pearl Harbor Naval Base, Hawaii, during
    calendar years 2009 and 2010.
        (b) Consideration.--The lease required by subsection (a) shall be
    made without consideration.
        (c) Conditions on Use of Leased Property.--As conditions on the
    lease under subsection (a), the USS Missouri Memorial Association shall
    agree--
                (1) to preserve and maintain the ex-USS Missouri for
            education purposes, historic preservation, and community
            outreach;
                (2) that the Navy may use the leased property without charge
            for purposes that do not interfere with the use of such property
            by the USS Missouri Memorial Association; and
                (3) that the Navy may use the ex-USS Missouri for official
            functions at no cost.

        (d) Effect of Violation.--If the Secretary determines at any time
    that the USS Missouri Memorial Association is not in compliance with the
    conditions imposed by subsection (c), the Secretary may terminate the
    lease referred to in subsection (a). Any determination of the Secretary
    under this subsection shall be made on the record after an opportunity
    for a hearing.
    SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA.

        (a) Conditions on Conveyance, Grant, Lease, or License.--Any
    conveyance, grant, lease, or license from the United States to the
    Commonwealth of Pennsylvania or other legal entity that includes the
    airfield property located at NASJRB Willow Grove and designated for
    operation as a Joint Interagency Installation pursuant to section 3703
    of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
    Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat.
    145) shall be subject to the restrictions on the use of the airfield set
    forth in subsection (b).
        (b) Restrictions on Use.--The airfield at the installation shall not
    be used for any of the following purposes:
                (1) Commercial passenger operations.
                (2) Commercial cargo operations.

    [[Page 122 STAT. 4740]]

                (3) Commercial, business, or nongovernment aircraft
            operations for purposes not related to the missions of the
            installation, except that this paragraph shall not apply in
            exigent circumstances or prohibit use of the airfield by or on
            behalf of any associated user which is a tenant of the
            installation.
                (4) As a reliever airport to relieve congestion at other
            airports or to provide improved general aviation access to the
            overall community, except that this paragraph shall not apply in
            exigent circumstances.

        (c) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to diminish or alter authorized uses of the
    installation, including the military enclave that is part thereof, by
    the United States or its agencies or instrumentalities or to limit use
    of the property in exigent circumstances.
        (d) Definitions.--In this section:
                (1) Airfield.--The term ``airfield'' means the airfield
            referred to in subsection (a).
                (2) Associated users.--The term ``associated users'' means
            nongovernmental organizations and private entities that use the
            airfield for purposes related to the national defense, homeland
            security, and emergency preparedness missions of the
            installation.
                (3) Exigent circumstances.--The term ``exigent
            circumstances''  means unusual conditions, including adverse or
            unusual weather conditions, alerts, and actual or threatened
            emergencies that are determined by the installation to require
            limited-duration use of the installation or its airfield for
            operations, including flying operations, for uses otherwise
            restricted under subsection (b).
                (4) Commercial cargo operations.--The term ``commercial
            cargo operations'' means aircraft operations by a commercial
            cargo or freight carrier in cases in which cargo is delivered to
            or flown from the installation under established schedules,
            except that the term does not include any cargo operations
            undertaken by or on behalf of any user of the installation or
            cargo operations related to the national defense, homeland
            security, and emergency preparedness missions of the
            installation.
                (5) Commercial passenger operations.--The term ``commercial
            passenger operations'' means aircraft passenger operations by
            commercial passenger carriers involving flights where passengers
            are boarded or enplaned at the installation, except that the
            term does not include passenger operations undertaken by or on
            behalf of any user of the installation or passenger operations
            related to the national defense, homeland security, and
            emergency preparedness missions of the installation.
                (6) Installation.--The term ``installation'' means the Joint
            Interagency Installation referred to in subsection (a).
    SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.

        The health facility located at 301 Andrews Avenue in Fort Rucker,
    Alabama, shall be known and designated as the ``Lyster Army/VA Health
    Clinic''. Any reference in a law, map, regulation, document, paper, or
    other record of the United States to such facility shall be deemed to be
    a reference to the Lyster Army/VA Health Clinic.

    [[Page 122 STAT. 4741]]

          TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                      Subtitle A--Fiscal Year 2008 Projects

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

                      Subtitle B--Fiscal Year 2009 Projects

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

                      Subtitle A--Fiscal Year 2008 Projects

    SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
                              PROJECTS.

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

                         Army: Inside the United States
    ------------------------------------------------------------------------
                State               Installation or Location      Amount
    ------------------------------------------------------------------------
    Alaska.......................  Fort Wainwright..........     $17,000,000
    California...................  Fort Irwin...............     $11,800,000
    Colorado.....................  Fort Carson..............      $8,400,000
    Georgia......................  Fort Gordon..............     $39,800,000
    Hawaii.......................  Schofield Barracks.......     $12,500,000
    Kentucky.....................  Fort Campbell............      $9,900,000
                                   Fort Knox................      $7,400,000
    North Carolina...............  Fort Bragg...............      $8,500,000
    Oklahoma.....................  Fort Sill................      $9,000,000
    Texas........................  Fort Bliss...............     $17,300,000
                                   Fort Hood................      $7,200,000
                                   Fort Sam Houston.........     $54,000,000
    Virginia.....................  Fort Lee.................      $7,400,000
    ------------------------------------------------------------------------

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

                         Army: Outside the United States
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Iraq  .......................  Camp Adder...............     $13,200,000

    [[Page 122 STAT. 4742]]

                                   Camp Ramadi..............      $6,200,000
                                   Fallujah.................      $5,500,000
    ------------------------------------------------------------------------

        (c) Authorization of Appropriations.--In addition to funds
    authorized to be appropriated under 2901(c) of the Military Construction
    Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
    181; 122 Stat. 571), funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2007, for military
    construction, land acquisition, and military family housing functions of
    the Department of the Army in the total amount of $241,100,000 as
    follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $210,200,000.
                (2) For military construction projects outside the United
            States authorized by subsection (b), $24,900,000.
                (3) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $6,000,000.
    SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
                              PROJECTS.

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

    [[Page 122 STAT. 4743]]

                                             Navy: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                   State                                  Installation or Location                       Amount
    ----------------------------------------------------------------------------------------------------------------
    California.........................  Camp Pendleton...........................................        $9,270,000
                                         China Lake...............................................        $7,210,000
                                         Point Mugu...............................................        $7,250,000
                                         San Diego................................................       $12,299,000
                                         San Diego Marine Corps Recruit Depot (MCRD)..............       $43,200,000
                                         Twentynine Palms.........................................       $11,250,000
    Florida............................  Eglin Air Force Base.....................................          $780,000
    Mississippi........................  Gulfport.................................................        $6,570,000
    North Carolina.....................  Camp Lejeune.............................................       $27,980,000
    Virginia...........................  Yorktown.................................................        $8,070,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4744]]

        (b) Authorization of Appropriations.--In addition to funds
    authorized to be appropriated under 2902(d) of the Military Construction
    Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
    181; 122 Stat. 572), funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2007, for military
    construction, land acquisition, and military family housing functions of
    the Department of the Navy in the total amount of $137,931,000 as
    follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $133,879,000.
                (2) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $4,052,000.
    SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
                              PROJECTS.

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

    [[Page 122 STAT. 4745]]

                                           Air Force: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                  Country                                 Installation or Location                       Amount
    ----------------------------------------------------------------------------------------------------------------
    California.........................  Beale Air Force Base.....................................       $17,600,000
    Florida............................  Eglin Air Force Base.....................................       $11,000,000
    New Mexico.........................  Cannon Air Force Base....................................        $8,000,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4746]]

        (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:

    [[Page 122 STAT. 4747]]

                                          Air Force: Outside the United States
    ----------------------------------------------------------------------------------------------------------------
                  Country                                 Installation or Location                       Amount
    ----------------------------------------------------------------------------------------------------------------
    Qatar..............................  Al Udeid.................................................       $60,400,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4748]]

        (c) Authorization of Appropriations.--In addition to funds
    authorized to be appropriated under 2903(b) of the Military Construction
    Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
    181; 122 Stat. 573), funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2007, for military
    construction, land acquisition, and military family housing functions of
    the Department of the Air Force in the total amount of $98,427,000, as
    follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $36,600,000.
                (2) For military construction projects outside the United
            States authorized by subsection (b), $60,400,000.
                (3) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $1,427,000.
    SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
                              ACQUISITION PROJECTS.

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

    [[Page 122 STAT. 4749]]

                                       Defense Agencies: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                   State                                  Installation or Location                       Amount
    ----------------------------------------------------------------------------------------------------------------
    North Carolina.....................  Camp Lejeune.............................................       $57,900,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 122 STAT. 4750]]

        (b) Authorization of Appropriations.--In addition to funds
    authorized to be appropriated under 2904(c) of the Military Construction
    Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
    181; 122 Stat. 573), funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2007, for military
    construction, land acquisition, and military family housing functions of
    the Department of Defense (other than the military departments) in the
    total amount of $110,735,000, as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $57,900,000.
                (2) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $52,835,000.
    SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2008
                              ARMY PROJECTS.

        (a) Termination of Authority.--The table in section 2901(b) of the
    Military Construction Authorization Act for Fiscal Year 2008 (division B
    of Public Law 110-181; 122 Stat. 570), is amended--
                (1) in the item relating to Camp Adder, Iraq, by striking
            ``$80,650,000'' in the amount column and inserting
            ``$75,800,000'';
                (2) in the item relating to Camp Anaconda, Iraq, by striking
            ``$53,500,000'' in the amount column and inserting
            ``$10,500,000'';
                (3) in the item relating to Camp Victory, Iraq, by striking
            ``$65,400,000'' in the amount column and inserting
            ``$60,400,000'';
                (4) by striking the item relating to Tikrit, Iraq; and
                (5) in the item relating to Camp Speicher, Iraq, by striking
            ``$83,900,000'' in the amount column and inserting
            ``$74,100,000''.

        (b) Conforming Amendments.--Section 2901(c) of the Military
    Construction Authorization Act for Fiscal Year 2008 (division B of
    Public Law 110-181; 122 Stat. 571) is amended--
                (1) by striking ``$1,257,750,000'' and inserting
            ``$1,152,100,000''; and
                (2) in paragraph (2), by striking ``$1,055,450,000'' and
            inserting ``$949,800,000''.

                      Subtitle B--Fiscal Year 2009 Projects

    SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
                              PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in subsection (b)(1), the
    Secretary of the Army may acquire real property and carry out military
    construction projects to construct or renovate warrior transition unit
    facilities at the installations or locations inside the United States
    set forth in the following table:

    [[Page 122 STAT. 4751]]

                         Army: Inside the United States
    ------------------------------------------------------------------------
                State               Installation or Location      Amount
    ------------------------------------------------------------------------
    Various......................  Various locations........    $400,000,000
    ------------------------------------------------------------------------

        (b) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated for fiscal years beginning after September 30, 2008, for
    military construction, land acquisition, and military family housing
    functions of the Department of the Army in the total amount of
    $450,000,000, as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $400,000,000.
                (2) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $50,000,000.

        (c) Report Required Before Commencing Certain Projects.--Funds may
    not be obligated for the projects authorized by this section until 14
    days after the date on which the Secretary of Defense submits to the
    congressional defense committees a report containing a detailed
    justification for the projects.
    SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
                              PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in subsection (b)(1), the
    Secretary of the Navy may acquire real property and carry out military
    construction projects to construct or renovate warrior transition unit
    facilities at the installations or locations inside the United States
    set forth in the following table:

                                             Navy: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                         State                                  Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Various........................................  Various locations............................       $40,000,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Authorization of Appropriations.--Subject to section 2825 of
    title 10, United States Code, funds are hereby authorized to be
    appropriated for fiscal years beginning after September 30, 2008, for
    military construction, land acquisition, and military family housing
    functions of the Department of the Navy in the total amount of
    $50,000,000, as follows:
                (1) For military construction projects inside the United
            States authorized by subsection (a), $40,000,000.
                (2) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $10,000,000.

        (c) Report Required Before Commencing Certain Projects.--Funds may
    not be obligated for the projects authorized by this section until 14
    days after the date on which the Secretary of Defense submits to the
    congressional defense committees a report containing a detailed
    justification for the projects.

    [[Page 122 STAT. 4752]]

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

           TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              Subtitle A--National Security Programs Authorizations

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

        Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                               Subtitle C--Reports

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

              Subtitle A--National Security Programs Authorizations

    SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

        (a) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated to the Department of Energy for fiscal year 2009 for the
    activities of the National Nuclear Security Administration in carrying
    out programs necessary for national security in the amount of
    $9,752,507,000, to be allocated as follows:
                (1) For weapons activities, $6,625,111,000.
                (2) For defense nuclear nonproliferation activities,
            including $528,782,000 for fissile materials disposition,
            $1,895,261,000.
                (3) For naval reactors, $828,054,000.
                (4) For the Office of the Administrator for Nuclear
            Security, $404,081,000.

        (b) Authorization of New Plant Projects.--From funds referred to in
    subsection (a) that are available for carrying out plant projects, the
    Secretary of Energy may carry out new plant projects for the National
    Nuclear Security Administration as follows:

    [[Page 122 STAT. 4753]]

                (1) For readiness in technical base and facilities, the
            following new plant projects:
                        Project 09-D-404, Test Capabilities Revitalization
                    Phase 2, Sandia National Laboratory, Albuquerque, New
                    Mexico, $3,200,000.
                        Project 08-D-806, Ion Beam Laboratory Project,
                    Sandia National Laboratory, Albuquerque, New Mexico,
                    $10,014,000.
                (2) For naval reactors, the following new plant projects:
                        Project 09-D-902, Naval Reactors Facility Production
                    Support Complex, Naval Reactors Facility, Idaho Falls,
                    Idaho, $8,300,000.
                        Project 09-D-190, Project engineering and design,
                    Knolls Atomic Power Laboratory infrastructure upgrades,
                    Knolls Atomic Power Laboratory, Kesselring Site,
                    Schenectady, New York, $1,000,000.
    SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2009 for defense environmental cleanup activities
    in carrying out programs necessary for national security in the amount
    of $5,297,256,000.
    SEC. 3103. OTHER DEFENSE ACTIVITIES.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2009 for other defense activities in carrying out
    programs necessary for national security in the amount of $826,453,000.
    SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2009 for defense nuclear waste disposal for
    payment to the Nuclear Waste Fund established in section 302(c) of the
    Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
    $222,371,000.
    SEC. 3105. ENERGY SECURITY AND ASSURANCE.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2009 for energy security and assurance programs
    necessary for national security in the amount of $7,622,000.

        Subtitle B--Program Authorizations, Restrictions, and Limitations

    SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR NUCLEAR
                              SECURITY TO INCLUDE ELIMINATION OF
                              SURPLUS FISSILE MATERIALS USABLE FOR
                              NUCLEAR WEAPONS.

        Section 3212(b) of the National Nuclear Security Administration Act
    (50 U.S.C. 2402(b)) is amended--
                (1) by redesignating paragraph (18) as paragraph (19); and
                (2) by inserting after paragraph (17) the following new
            paragraph (18):
                ``(18) Eliminating inventories of surplus fissile materials
            usable for nuclear weapons.''.

    [[Page 122 STAT. 4754]]

    SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125 CHEMISTRY
                              AND METALLURGY RESEARCH REPLACEMENT
                              FACILITY PROJECT, LOS ALAMOS NATIONAL
                              LABORATORY, LOS ALAMOS, NEW MEXICO.

        Of the amounts appropriated pursuant to an authorization of
    appropriations in this Act or otherwise made available for fiscal year
    2009 for Project 04-D-125 Chemistry and Metallurgy Research Replacement
    (in this section referred to as ``CMRR'') facility project, Los Alamos
    National Laboratory, Los Alamos, New Mexico, not more than $50,200,000
    may be made available until--
                (1) <<NOTE: Certifications.>>  the Administrator for Nuclear
            Security and the Defense Nuclear Facilities Safety Board have
            each submitted a certification to the congressional defense
            committees stating that the concerns raised by the Defense
            Nuclear Facilities Safety Board regarding the design of CMRR
            safety class systems (including ventilation systems) and seismic
            issues have been resolved; and
                (2) <<NOTE: Time period.>>  a period of 15 days has elapsed
            after both certifications under paragraph (1) have been
            submitted.
    SEC. 3113. <<NOTE: 50 USC 2444.>>  NONPROLIFERATION AND NATIONAL
                              SECURITY SCHOLARSHIP AND FELLOWSHIP
                              PROGRAM.

        (a) Establishment.--The Administrator for Nuclear Security shall
    carry out a program to provide scholarships and fellowships for the
    purpose of enabling individuals to qualify for employment in the
    nonproliferation and national security programs of the Department of
    Energy.
        (b) Eligible Individuals.--An individual shall be eligible for a
    scholarship or fellowship under the program established under this
    section if the individual--
                (1) is a citizen or national of the United States or an
            alien lawfully admitted to the United States for permanent
            residence;
                (2) has been accepted for enrollment or is currently
            enrolled as a full-time student at an institution of higher
            education (as defined in section 102(a) of the Higher Education
            Act of 1965 (20 U.S.C. 1002(a));
                (3) is pursuing a program of education that leads to an
            appropriate higher education degree in a qualifying field of
            study, as determined by the Administrator;
                (4) enters into an agreement described in subsection (c);
            and
                (5) meets such other requirements as the Administrator
            prescribes.

        (c) Agreement.--An individual seeking a scholarship or fellowship
    under the program established under this section shall enter into an
    agreement, in writing, with the Administrator that includes the
    following:
                (1) The agreement of the Administrator to provide such
            individual with a scholarship or fellowship in the form of
            educational assistance for a specified number of school years
            (not to exceed five school years) during which such individual
            is pursuing a program of education in a qualifying field of
            study, which educational assistance may include payment of
            tuition, fees, books, laboratory expenses, and a stipend.
                (2) The agreement of such individual--
                        (A) to accept such educational assistance;

    [[Page 122 STAT. 4755]]

                        (B) to maintain enrollment and attendance in a
                    program of education described in subsection (b)(2)
                    until such individual completes such program;
                        (C) while enrolled in such program, to maintain
                    satisfactory academic progress in such program, as
                    determined by the institution of higher education in
                    which such individual is enrolled; and
                        (D) after completion of such program, to serve as a
                    full-time employee in a nonproliferation or national
                    security position in the Department of Energy or at a
                    laboratory of the Department for a period of not less
                    than 12 months for each school year or part of a school
                    year for which such individual receives a scholarship or
                    fellowship under the program established under this
                    section.
                (3) The agreement of such individual with respect to the
            repayment requirements specified in subsection (d).

        (d) Repayment.--
                (1) In general.--An individual receiving a scholarship or
            fellowship under the program established under this section
            shall agree to pay to the United States the total amount of
            educational assistance provided to such individual under such
            program, plus interest at the rate prescribed by paragraph (4),
            if such individual--
                        (A) does not complete the program of education
                    agreed to pursuant to subsection (c)(2)(B);
                        (B) completes such program of education but declines
                    to serve in a position in the Department of Energy or at
                    a laboratory of the Department as agreed to pursuant to
                    subsection (c)(2)(D); or
                        (C) is voluntarily separated from service or
                    involuntarily separated for cause from the Department of
                    Energy or a laboratory of the Department before the end
                    of the period for which such individual agreed to
                    continue in the service of the Department pursuant to
                    subsection (c)(2)(D).
                (2) Failure to repay.--If an individual who received a
            scholarship or fellowship under the program established under
            this section is required to repay, pursuant to an agreement
            under paragraph (1), the total amount of educational assistance
            provided to such individual under such program, plus interest at
            the rate prescribed by paragraph (4), and fails repay such
            amount, a sum equal to such amount (plus such interest) is
            recoverable by the United States Government from such individual
            or the estate of such individual by--
                        (A) in the case of an individual who is an employee
                    of the United States Government, setoff against accrued
                    pay, compensation, amount of retirement credit, or other
                    amount due the employee from the Government; or
                        (B) such other method as is provided by law for the
                    recovery of amounts owed to the Government.
                (3) Waiver of repayment.--The Administrator may waive, in
            whole or in part, repayment by an individual under this
            subsection if the Administrator determines that seeking recovery
            under paragraph (2) would be against equity and good conscience
            or would be contrary to the best interests of the United States.

    [[Page 122 STAT. 4756]]

                (4) Rate of interest.--For purposes of repayment under this
            subsection, the total amount of educational assistance provided
            to an individual under the program established under this
            section shall bear interest at the applicable rate of interest
            under section 427A(c) of the Higher Education Act of 1965 (20
            U.S.C. 1077a(c)).

        (e) Preference for Cooperative Education Students.--In evaluating
    individuals for the award of a scholarship or fellowship under the
    program established under this section, the Administrator may give a
    preference to an individual who is enrolled in, or accepted for
    enrollment in, an institution of higher education that has a cooperative
    education program with the Department of Energy.
        (f) Coordination of Benefits.--A scholarship or fellowship awarded
    under the program established under this section shall be taken into
    account in determining the eligibility of an individual receiving such
    scholarship or fellowship for Federal student financial assistance
    provided under title IV of the Higher Education Act of 1965 (20 U.S.C.
    1070 et seq.).
        (g) Report to Congress.--Not later than January 1, 2010, the
    Administrator shall submit to the congressional defense committees a
    report on the activities carried out under the program established under
    this section, including any recommendations for future activities under
    such program.
        (h) Funding.--Of the amounts authorized to be appropriated by
    section 3101(a)(2) for defense nuclear nonproliferation activities,
    $3,000,000 shall be available to carry out the program established under
    this section.
    SEC. 3114. <<NOTE: 50 USC 2574.>>  ENHANCING NUCLEAR FORENSICS
                              CAPABILITIES.

        (a) Research and Development Plan for Nuclear Forensics and
    Attribution.--
                (1) Research and development.--The Secretary of Energy shall
            prepare and implement a research and development plan to improve
            nuclear forensics capabilities in the Department of Energy and
            at the national laboratories overseen by the Department of
            Energy. The plan shall focus on improving the technical
            capabilities required--
                        (A) to enable a robust and timely nuclear forensic
                    response to a nuclear explosion or to the interdiction
                    of nuclear material or a nuclear weapon anywhere in the
                    world; and
                        (B) to develop an international database that can
                    attribute nuclear material or a nuclear weapon to its
                    source.
                (2) Reports.--
                        (A) The Secretary of Energy shall submit to the
                    congressional defense committees--
                              (i) not later than 6 months after the date of
                          the enactment of this Act, a report on the
                          contents of the research and development plan
                          described in paragraph (1), and any legislative
                          changes required to implement the plan; and
                              (ii) not later than 18 months after the date
                          of the enactment of this Act, a report on the
                          status of implementing the plan.

    [[Page 122 STAT. 4757]]

                        (B) The Secretary shall submit each report required
                    by this subsection in unclassified form, but may include
                    a classified annex with such report.

        (b) Additional Information in the Report on Nuclear Forensics
    Capabilities.--Section 3129(b) of the National Defense Authorization Act
    for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 585) is amended--
                (1) in paragraph (2), by striking ``and'' at the end;
                (2) in paragraph (3), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(4) any legislative, regulatory, or treaty actions
            necessary to facilitate international cooperation in enhancement
            of international nuclear-material databases and the linking of
            those databases to enable prompt access to data.''.

        (c) Presidential Report.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, the President shall submit to the
            appropriate committees of Congress a report on the involvement
            of senior-level executive branch leadership in nuclear terrorism
            preparedness exercises that include nuclear forensics analysis.
                (2) Appropriate committees of congress.--In this subsection,
            the term ``appropriate committees of Congress'' means--
                        (A) the Committee on Appropriations, the Committee
                    on Armed Services, and the Committee on Homeland
                    Security of the House of Representatives; and
                        (B) the Committee on Appropriations, the Committee
                    on Armed Services, and the Committee on Homeland
                    Security and Governmental Affairs of the Senate.
    SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR
                              MATERIALS PROTECTION AND COOPERATION
                              PROGRAM AND RUSSIAN PLUTONIUM
                              DISPOSITION PROGRAM.

        Section 3114 of the National Defense Authorization Act for Fiscal
    Year 2007 (50 U.S.C. 2301 note) is amended--
                (1) in the heading, by striking ``second line of defense
            program'' and inserting ``international nuclear materials
            protection and cooperation program and russian plutonium
            disposition program'';
                (2) by striking ``Second Line of Defense program'' each
            place it appears and inserting ``International Nuclear Materials
            Protection and Cooperation program or Russian Plutonium
            Disposition program''; and
                (3) in subsection (f), by striking ``2013'' and inserting
            ``2015''.
    SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR
                              PROLIFERATION PREVENTION PROGRAM.

        (a) Review of Program.--
                (1) In general.--The Administrator for Nuclear Security
            shall conduct a review of the Global Initiatives for
            Proliferation Prevention program.
                (2) Report required.--Not later than October 1, 2009, the
            Administrator shall submit to the congressional defense
            committees a report setting forth the results of the review
            required under paragraph (1). The report shall include each of
            the following:

    [[Page 122 STAT. 4758]]

                        (A) A description of the goals of the Global
                    Initiatives for Proliferation Prevention program and the
                    criteria for partnership projects under the program.
                        (B) Recommendations regarding the following:
                              (i) Whether to continue or bring to a close
                          each of the partnership projects under the program
                          in existence on the date of the enactment of this
                          Act, and, if any such project is recommended to be
                          continued, a description of how that project will
                          meet the criteria under subparagraph (A).
                              (ii) Whether to enter into new partnership
                          projects under the program with Russia or other
                          countries of the former Soviet Union.
                              (iii) Whether to enter into new partnership
                          projects under the program in countries other than
                          countries of the former Soviet Union.
                        (C) A plan and criteria for completing partnership
                    projects under the program.

        (b) Report on Funding for Projects Under Program.--
                (1) In general.--The Administrator shall submit to the
            congressional defense committees a report on--
                        (A) the purposes for which amounts made available
                    for the Global Initiatives for Proliferation Prevention
                    program for fiscal year 2009 will be obligated or
                    expended; and
                        (B) the amount to be obligated or expended for each
                    partnership project under the program in fiscal year
                    2009.
                (2) Limitation on funding before submittal of report.--None
            of the amounts authorized to be appropriated for fiscal year
            2009 by section 3101(a)(2) for defense nuclear nonproliferation
            activities and available for the Global Initiatives for
            Proliferation Prevention program may be obligated or expended
            until the date that is 30 days after the date on which the
            Administrator submits to the congressional defense committees
            the report required under paragraph (1).
    SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL NUCLEAR
                              ENERGY PARTNERSHIP.

        (a) Limitation.--Of the amounts authorized to be appropriated for
    fiscal year 2009 by section 3101(a)(2) for defense nuclear
    nonproliferation activities, not more than $3,000,000 may be used for
    projects that are specifically designed for the Global Nuclear Energy
    Partnership. Any amount so used may not be expended until 30 days after
    the date on which the Administrator of the National Nuclear Security
    Administration submits to Congress a report that describes in detail the
    full amount of funding that the Administrator plans to expend for any
    effort related to the Global Nuclear Energy Partnership.
        (b) Use of Funds.--Any amount made available pursuant to an
    authorization of appropriations under section 3101(a)(2) that is covered
    by the limitation under subsection (a) shall only be available for
    nonproliferation risk assessments relating to the Global Nuclear Energy
    Partnership and related work on export control reviews and
    determinations.

    [[Page 122 STAT. 4759]]

                               Subtitle C--Reports

    SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL REPORT ON
                              DEPARTMENT OF ENERGY PROTECTIVE FORCE
                              MANAGEMENT.

        Section 3124(a)(1) of the National Defense Authorization Act for
    Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580) is amended by
    striking ``Not later than 180 days after the date of the enactment of
    this Act,'' and inserting ``Not later than March 1, 2009,''.
    SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY
                              THE DEPARTMENT OF ENERGY IN 2005.

        (a) In General.--Not later than January 2, 2009, the Secretary of
    Energy shall submit to the congressional defense committees a report
    setting forth the status of the compliance of Department of Energy sites
    with the Design Basis Threat issued by the Department in November 2005
    (in this section referred to as the ``2005 Design Basis Threat'').
        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) For each Department of Energy site subject to the 2005
            Design Basis Threat, an assessment of whether the site has
            achieved compliance with the 2005 Design Basis Threat.
                (2) For each such site that has not achieved compliance with
            the 2005 Design Basis Threat--
                        (A) a description of the reasons for the failure to
                    achieve compliance;
                        (B) a plan to achieve compliance;
                        (C) a description of the actions that will be taken
                    to mitigate any security shortfalls until compliance is
                    achieved; and
                        (D) an estimate of the annual funding requirements
                    to achieve compliance.
                (3) A list of such sites with Category I nuclear materials
            that the Secretary determines will not achieve compliance with
            the 2005 Design Basis Threat.
                (4) For each site identified under paragraph (3), a plan to
            remove all Category I nuclear materials from such site,
            including--
                        (A) a schedule for the removal of such nuclear
                    materials from such site;
                        (B) a clear description of the actions that will be
                    taken to ensure the security of such nuclear materials;
                    and
                        (C) an estimate of the annual funding requirements
                    to remove such nuclear materials from such site.
                (5) An assessment of the adequacy of the 2005 Design Basis
            Threat in addressing security threats at Department of Energy
            sites, and a description of any plans for updating, modifying,
            or otherwise revising the approach taken by the 2005 Design
            Basis Threat to establish enhanced security requirements for
            Department of Energy sites.
    SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON INADVERTENT
                              RELEASES OF RESTRICTED DATA.

        (a) In General.--Section 4522 of the Atomic Energy Defense Act (50
    U.S.C. 2672) is amended--

    [[Page 122 STAT. 4760]]

                (1) in subsection (e), by striking ``on a periodic basis''
            and inserting ``in each even-numbered year''; and
                (2) in subsection (f), by striking paragraph (2) and
            inserting the following new paragraph (2):

        ``(2) The Secretary of Energy shall, in each even-numbered year
    beginning in 2010, submit to the committees and Assistant to the
    President specified in subsection (d) a report identifying any
    inadvertent releases of Restricted Data or Formerly Restricted Data
    under Executive Order No. 12958 discovered in the two-year period
    preceding the submittal of the report.''.
        (b) Technical Correction.--Subsection (e) of such section, as
    amended by subsection (a)(1) of this section, is further amended by
    striking ``subsection (b)(4)'' and inserting ``subsection (b)(5)''.

              TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

    Sec. 3201. Authorization.

    SEC. 3201. AUTHORIZATION.

        There are authorized to be appropriated for fiscal year 2009,
    $25,499,000 for the operation of the Defense Nuclear Facilities Safety
    Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
    et seq.).

                      TITLE XXXIV--NAVAL PETROLEUM RESERVE

    Sec. 3401. Authorization of appropriations.

    SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

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

                       TITLE XXXV--MARITIME ADMINISTRATION

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

    [[Page 122 STAT. 4761]]

    Sec. 3511. Transportation in American vessels of government personnel
               and certain cargoes.
    Sec. 3512. Port of Guam Improvement Enterprise Program.

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

        Funds are hereby authorized to be appropriated for fiscal year 2009,
    to be available without fiscal year limitation if so provided in
    appropriations Acts, for the use of the Department of Transportation for
    the Maritime Administration as follows:
                (1) For expenses necessary for operations and training
            activities, $142,803,000, of which--
                        (A) $79,858,000 shall remain available until
                    expended for expenses at the United States Merchant
                    Marine Academy,
                        (B) $26,640,000 shall remain available until
                    expended for capital improvements at the United States
                    Merchant Marine Academy, and
                        (C) $10,987,000 shall remain available until
                    expended for maintenance and repair of school ships of
                    the State Maritime Academies.
                (2) For expenses to maintain and preserve a United States-
            flag merchant fleet to serve the national security needs of the
            United States under chapter 531 of title 46, Unites States Code,
            $193,500,000, of which $19,500,000 will be available for costs
            associated with the maintenance reimbursement pilot program
            under section 3517 of the Maritime Security Act of 2003 (46
            U.S.C. 53101 note).
                (3) For expenses to dispose of obsolete vessels in the
            National Defense Reserve Fleet, $18,000,000.
                (4) For the cost (as defined in section 502(5) of the
            Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
            guarantees under the program authorized by chapter 537 of title
            46, United States Code, $30,000,000.
                (5) For administrative expenses related to the
            implementation of the loan guarantee program under chapter 537
            of title 46, United States Code, administrative expenses related
            to implementation of the reimbursement program under section
            3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101
            note), and administrative expenses related to the implementation
            of the small shipyards and maritime communities assistance
            program under section 54101 of title 46, United States Code,
            $6,000,000.
    SEC. 3502. <<NOTE: 46 USC 57102 note.>>  LIMITATION ON EXPORT OF
                              VESSELS OWNED BY THE GOVERNMENT OF THE
                              UNITED STATES FOR THE PURPOSE OF
                              DISMANTLING, RECYCLING, OR SCRAPPING.

        (a) In General.--Except as provided in subsection (b), no vessel
    that is owned by the Government of the United States shall be approved
    for export to a foreign country for purposes of dismantling, recycling,
    or scrapping.
        (b) Exception.--Subsection (a) shall not apply with respect to a
    vessel if the Administrator of the Maritime Administration certifies to
    the Committee on Armed Services of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the Senate that--
                (1) a compelling need for dismantling, recycling, or
            scrapping the vessel exists;

    [[Page 122 STAT. 4762]]

                (2) there is no available capacity in the United States to
            conduct the dismantling, recycling, or scrapping of the vessel;
                (3) any dismantling, recycling, or scrapping of the vessel
            in a foreign country will be conducted in full compliance with
            environmental, safety, labor, and health requirements for ship
            dismantling, recycling, or scrapping that are equivalent to the
            laws of the United States; and
                (4) the export of the vessel under this section will only be
            for dismantling, recycling, or scrapping of the vessel.

        (c) United States Defined.--In this section the term ``United
    States'' means the States of the United States, Puerto Rico, and Guam.
    SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.

        Section 51509(b) of title 46, United States Code, is amended--
                (1) by striking ``$4,000'' and inserting ``$8,000'';
                (2) by inserting ``tuition,'' after ``uniforms,''; and
                (3) by inserting ``before the start of each academic year''
            after ``and be paid''.
    SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.

        Section 1018 of the John Warner National Defense Authorization Act
    for Fiscal Year 2007 (Public Law 109-364; <<NOTE: 10 USC 2401 note.>>
    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

    [[Page 122 STAT. 4763]]

                              ``(iv) is otherwise required by the Secretary
                          of Defense to be aboard the vessel.
                ``(2) Background check.--
                        ``(A) In general.--This section shall not apply to
                    an individual unless--
                              ``(i) the name and other necessary identifying
                          information for the individual is submitted to the
                          Secretary for a background check; and
                              ``(ii) except as provided in subparagraph (B),
                          the individual successfully passes a background
                          check by the Secretary prior to going aboard the
                          vessel.
                        ``(B) Waiver.--The Secretary may waive the
                    application of subparagraph (A)(ii) for an individual
                    who holds a merchant mariner's document issued under
                    chapter 73 of title 46, United States Code, or a
                    transportation security card issued under section 70105
                    of such title.
                ``(3) Exempted individual not treated as in addition to the
            crew.--An individual who, under paragraph (1), is not treated as
            a riding gang member shall not be counted as an individual in
            addition to the crew for the purposes of section 3304 of title
            46, United States Code.''.
    SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR THE
                              MARITIME SECURITY FLEET.

        Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C.
    53101 note; as amended by section 3503 of the National Defense
    Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended by
    adding at the end the following:
                ``(3) Existing operating agreements.--The Secretary of
            Transportation shall, subject to the availability of
            appropriations, seek to enter into an agreement under this
            section with one or more contractors under an operating
            agreement under that chapter that is in effect on the date of
            the enactment of this paragraph, regarding maintenance and
            repair of all vessels that are subject to the operating
            agreement.''.
    SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH ADJUNCT
                              PROFESSORS AT THE UNITED STATES MERCHANT
                              MARINE ACADEMY AND FOR OTHER PURPOSES.

        (a) <<NOTE: 46 USC 53101 note.>>  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) <<NOTE: Termination date.>>  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

    [[Page 122 STAT. 4764]]

    in any one academic trimester, or equivalent, as contractors under the
    program.
        (d) Termination of Contracting Authority.--The authority to award
    contracts under the program shall terminate upon the end of the academic
    year 2008-2009.
        (e) Existing Contracts.--Any contract entered into before the
    effective date of this section for the services of an adjunct professor
    at the Academy shall remain in effect for the trimester (or trimesters)
    for which the services were contracted.
        (f) Definitions.--In this section:
                (1) Academy.--The term ``Academy'' means the United States
            Merchant Marine Academy.
                (2) Maritime administrator.--The term ``Maritime
            Administrator'' means the Administrator of the Maritime
            Administration, or a designee of the Administrator.
                (3) Program.--The term ``program'' means the program
            established under subsection (a).

        (g) Gifts to the Academy.--
                (1) In general.--Chapter 513 of title 46, United States
            Code, is amended by adding at the end thereof the following:
    ``Sec. 51315. Gifts to the Merchant Marine Academy

        ``(a) In General.--The Maritime Administrator may accept and use
    conditional or unconditional gifts of money or property for the benefit
    of the United States Merchant Marine Academy, including acceptance and
    use for non-appropriated fund instrumentalities of the Merchant Marine
    Academy. The Maritime Administrator may accept a gift of services in
    carrying out the Administrator's duties and powers. Property accepted
    under this section and proceeds from that property must be used, as
    nearly as possible, in accordance with the terms of the gift.
        ``(b) Establishment of Academy Gift Fund.--There is established in
    the Treasury a fund, to be known as the `Academy Gift Fund'.
    Disbursements from the Fund shall be made on order of the Maritime
    Administrator. Unless otherwise specified by the terms of the gift, the
    Maritime Administrator may use monies in the Fund for appropriated or
    non-appropriated purposes at the Academy. The Fund consists of--
                ``(1) gifts of money;
                ``(2) income from donated property accepted under this
            section;
                ``(3) proceeds from the sale of donated property; and
                ``(4) income from securities under subsection (c) of this
            section.

        ``(c) Investment of Fund Balances.--On request of the Maritime
    Administrator, the Secretary of the Treasury may invest and reinvest
    amounts in the Fund in securities of, or in securities the principal and
    interest of which is guaranteed by, the United States Government.
        ``(d) Disbursement Authority.--There are hereby authorized to be
    disbursed from the Fund such sums as may be on deposit, to remain
    available until expended.
        ``(e) Deductibility of Gifts.--Gifts accepted under this section are
    a gift to or for the use of the Government under the Internal Revenue
    Code of 1986.''.

    [[Page 122 STAT. 4765]]

                (2) Conforming amendment.--The chapter analysis for chapter
            513 of title 46, United States Code, is amended by adding at the
            end the following:

    ``51315. Gifts to the Merchant Marine Academy.''.

        (h) Temporary Appointments to the Academy.--
                (1) In general.--Chapter 513 of title 46, United States
            Code, as amended by section 3513 of this Act, is further amended
            by adding at the end thereof the following:
    ``Sec. 51316. Temporary appointments to the Academy

        ``Notwithstanding any other provision of law, the Maritime
    Administrator may appoint any present employee of the United States
    Merchant Marine Academy non-appropriated fund instrumentality to a
    position on the General Schedule of comparable pay. Eligible personnel
    shall be engaged in work permissibly funded by annual appropriations,
    and such appointments to the Civil Service shall be without regard to
    competition, for a term not to exceed 2 years.''.
                (2) Conforming amendment.--The chapter analysis for chapter
            513 of title 46, United States Code, as amended by section 3513
            of this Act, is further amended by adding at the end the
            following:

    ``51316. Temporary appointments to the Academy.''.

    SEC. 3507. <<NOTE: 46 USC 51301 note.>>  ACTIONS TO ADDRESS SEXUAL
                              HARASSMENT AND VIOLENCE AT THE UNITED
                              STATES MERCHANT MARINE ACADEMY.

        (a) Required Policy.--The Secretary of Transportation shall direct
    the Superintendent of the United States Merchant Marine Academy to
    prescribe a policy on sexual harassment and sexual violence applicable
    to the cadets and other personnel of the Academy.
        (b) Matters To Be Specified in Policy.--The policy on sexual
    harassment and sexual violence prescribed under this section shall
    include--
                (1) a program to promote awareness of the incidence of rape,
            acquaintance rape, and other sexual offenses of a criminal
            nature that involve cadets or other Academy personnel;
                (2) procedures that a cadet should follow in the case of an
            occurrence of sexual harassment or sexual violence, including--
                        (A) a specification of the person or persons to whom
                    an alleged occurrence of sexual harassment or sexual
                    violence should be reported by a cadet and the options
                    for confidential reporting;
                        (B) a specification of any other person whom the
                    victim should contact; and
                        (C) procedures on the preservation of evidence
                    potentially necessary for proof of criminal sexual
                    assault;
                (3) a procedure for disciplinary action in cases of alleged
            criminal sexual assault involving a cadet or other Academy
            personnel;
                (4) any other sanction authorized to be imposed in a
            substantiated case of sexual harassment or sexual violence

    [[Page 122 STAT. 4766]]

            involving a cadet or other Academy personnel in rape,
            acquaintance rape, or any other criminal sexual offense, whether
            forcible or nonforcible; and
                (5) required training on the policy for all cadets and other
            Academy personnel, including the specific training required for
            personnel who process allegations of sexual harassment or sexual
            violence involving Academy personnel.

        (c) Annual Assessment.--
                (1) The Secretary shall direct the Superintendent to conduct
            an assessment at the Academy during each Academy program year,
            to be administered by the Department of Transportation, to
            determine the effectiveness of the policies, training, and
            procedures of the Academy with respect to sexual harassment and
            sexual violence involving Academy personnel.
                (2) For the assessment at the Academy under paragraph (1)
            with respect to an Academy program year that begins in an odd-
            numbered calendar year, the Superintendent shall conduct a
            survey, to be administered by the Department, of Academy
            personnel--
                        (A) to measure--
                              (i) the incidence, during that program year,
                          of sexual harassment and sexual violence events,
                          on or off the Academy reservation, that have been
                          reported to officials of the Academy; and
                              (ii) the incidence, during that program year,
                          of sexual harassment and sexual violence events,
                          on or off the Academy reservation, that have not
                          been reported to officials of the Academy; and
                        (B) to assess the perceptions of Academy personnel
                    of--
                              (i) the policies, training, and procedures on
                          sexual harassment and sexual violence involving
                          Academy personnel;
                              (ii) the enforcement of such policies;
                              (iii) the incidence of sexual harassment and
                          sexual violence involving Academy personnel; and
                              (iv) any other issues relating to sexual
                          harassment and sexual violence involving Academy
                          personnel.

        (d) Annual Report.--
                (1) The Secretary shall direct the Superintendent of the
            Academy to submit to the Secretary a report on sexual harassment
            and sexual violence involving cadets or other personnel at the
            Academy for each Academy program year.
                (2) Each report under paragraph (1) shall include, for the
            Academy program year covered by the report, the following:
                        (A) The number of sexual assaults, rapes, and other
                    sexual offenses involving cadets or other Academy
                    personnel that have been reported to Academy officials
                    during the program year and, of those reported cases,
                    the number that have been substantiated.
                        (B) The policies, procedures, and processes
                    implemented by the Superintendent and the leadership of
                    the Academy in response to sexual harassment and sexual
                    violence involving cadets or other Academy personnel
                    during the program year.
                        (C) A plan for the actions that are to be taken in
                    the following Academy program year regarding prevention

    [[Page 122 STAT. 4767]]

                    of and response to sexual harassment and sexual violence
                    involving cadets or other Academy personnel.
                (3) Each report under paragraph (1) for an Academy program
            year that begins in an odd-numbered calendar year shall include
            the results of the survey conducted in that program year under
            subsection (c)(2).
                (4)(A) The Superintendent shall transmit to the Secretary,
            and to the Board of Visitors of the Academy, each report
            received by the Superintendent under this subsection, together
            with the Superintendent's comments on the report.
                (B) The Secretary shall transmit each such report, together
            with the Secretary's comments on the report, to the Senate
            Committee on Commerce, Science, and Transportation and the House
            of Representatives Committee on Transportation and
            Infrastructure.
    SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME
                              COMMUNITIES.

        (a) In General.--Title 46, United States Code, is amended by
    inserting the following new chapter after chapter 539:

                          ``CHAPTER 541--MISCELLANEOUS

    ``Sec
    ``54101. Assistance for small shipyards and maritime communities

    ``Sec. 54101. Assistance for small shipyards and maritime
                        communities

        ``(a) Establishment of Program.--Subject <<NOTE: Contracts.>>  to
    the availability of appropriations, the Administrator of the Maritime
    Administration shall execute agreements with shipyards to provide
    assistance--
                ``(1) in the form of grants, loans, and loan guarantees to
            small shipyards for capital improvements; and
                ``(2) for maritime training programs to foster technical
            skills and operational productivity in communities whose
            economies are related to or dependent upon the maritime
            industry.

        ``(b) Awards.--In providing assistance under the program, the
    Administrator shall--
                ``(1) take into account--
                        ``(A) the economic circumstances and conditions of
                    maritime communities;
                        ``(B) projects that would be effective in fostering
                    efficiency, competitive operations, and quality ship
                    construction, repair, and reconfiguration; and
                        ``(C) projects that would be effective in fostering
                    employee skills and enhancing productivity; and
                ``(2) <<NOTE: Grants. Deadline.>>  make grants within 120
            days after the date of enactment of the appropriations Act for
            the fiscal year concerned.

        ``(c) Use of Funds.--
                ``(1) In general.--Assistance provided under this section
            may be used--
                        ``(A) to make capital and related improvements in
                    small shipyards located in or near maritime communities;
                        ``(B) to provide training for workers in communities
                    whose economies are related to the maritime industry;
                    and

    [[Page 122 STAT. 4768]]

                        ``(C) for such other purposes as the Administrator
                    determines to be consistent with and supplemental to
                    such activities.
                ``(2) Administrative costs.--Not more than 2 percent of
            amounts made available to carry out the program may be used for
            the necessary costs of grant administration.

        ``(d) Prohibited Uses.--Grants awarded under this section may not be
    used to construct buildings or other physical facilities or to acquire
    land unless such use is specifically approved by the Administrator in
    support of subsection (c)(1)(C).
        ``(e) Matching Requirements; Allocation.--
                ``(1) Federal funding.--Except as provided in paragraph (2),
            Federal funds for any eligible project under this section shall
            not exceed 75 percent of the total cost of such project.
                ``(2) Exception.--If the Administrator determines that a
            proposed project merits support and cannot be undertaken without
            a higher percentage of Federal financial assistance, the
            Administrator may award a grant for such project with a lesser
            matching requirement than is described in paragraph (1).
                ``(3) Allocation of funds.--The Administrator may not award
            more than 25 percent of the funds appropriated to carry out this
            section for any fiscal year to any small shipyard in one
            geographic location that has more than 600 employees.

        ``(f) Applications.--
                ``(1) In general.--To <<NOTE: Deadline.>>  be eligible for
            assistance under this section, an applicant shall submit an
            application, in such form, and containing such information and
            assurances as the Administrator may require, within 60 days
            after the date of enactment of the appropriations Act for the
            fiscal year concerned.
                ``(2) Minimum standards for payment or reimbursement.--Each
            application submitted under paragraph (1) shall include--
                        ``(A) a comprehensive description of--
                              ``(i) the need for the project;
                              ``(ii) the methodology for implementing the
                          project; and
                              ``(iii) any existing programs or arrangements
                          that can be used to supplement or leverage
                          assistance under the program.
                ``(3) Procedural safeguards.--The <<NOTE: Guidelines.>>
            Administrator, in consultation with the Office of the Inspector
            General, shall issue guidelines to establish appropriate
            accounting, reporting, and review procedures to ensure that--
                        ``(A) grant funds are used for the purposes for
                    which they were made available;
                        ``(B) grantees have properly accounted for all
                    expenditures of grant funds; and
                        ``(C) grant funds not used for such purposes and
                    amounts not obligated or expended are returned.
                ``(4) Project approval required.--The Administrator may not
            award a grant under this section unless the Administrator
            determines that--
                        ``(A) sufficient funding is available to meet the
                    matching requirements of subsection (e);
                        ``(B) the project will be completed without
                    unreasonable delay; and

    [[Page 122 STAT. 4769]]

                        ``(C) the recipient has authority to carry out the
                    proposed project.

        ``(g) Audits and Examinations.--All <<NOTE: Records.>>  grantees
    under this section shall maintain such records as the Administrator may
    require and make such records available for review and audit by the
    Administrator.

        ``(h) Small Shipyard Defined.--In this section, the term `small
    shipyard' means a shipyard facility in one geographic location that does
    not have more than 1,200 employees.
        ``(i) Authorization of Appropriations.--There are authorized to be
    appropriated to the Administrator of the Maritime Administration for
    each of fiscal years 2009 through 2013 to carry out this section--
                ``(1) $5,000,000 for training grants; and
                ``(2) $25,000,000 for capital and related improvements.''.

        (b) Conforming Amendment.--Section 3506 of the National Defense
    Authorization Act for Fiscal Year 2006 <<NOTE: 46 USC 54101.>>  (46
    U.S.C. 53101 note) is repealed.
    SEC. 3509. MARINE WAR RISK INSURANCE.

        Section 53912 of title 46, United States Code, is amended by
    striking ``December 31, 2010.'' and inserting ``December 31, 2015.''.
    SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS.

        Section 501(b) of title 46, United States Code, is amended to read
    as follows:
        ``(b) By Head of Agency.--When the head of an agency responsible for
    the administration of the navigation or vessel-inspection laws considers
    it necessary in the interest of national defense, the individual,
    following a determination by the Maritime Administrator, acting in the
    Administrator's capacity as Director, National Shipping Authority, of
    the non-availability of qualified United States flag capacity to meet
    national defense requirements, may waive compliance with those laws to
    the extent, in the manner, and on the terms the individual, in
    consultation with the Administrator, acting in that capacity,
    prescribes.''.
    SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT
                              PERSONNEL AND CERTAIN CARGOES.

        (a) In General.--Section 55305(b) of title 46, United States Code,
    is amended--
                (1) by striking ``country'' and inserting ``country,
            organization, or persons'';
                (2) by inserting ``or obtaining'' after ``furnishing''; and
                (3) by striking ``commodities,'' the first place it appears
            and inserting ``commodities, or provides financing in any way
            with Federal funds for the account of any persons unless
            otherwise exempted,''.

        (b) Other Agencies.--Section 55305(d) of title 46, United States
    Code, is amended to read as follows:
        ``(d) Programs of Other Agencies.--
                ``(1) Each department or agency that has responsibility for
            a program under this section shall administer that program with
            respect to this section under regulations and guidance issued by
            the Secretary of Transportation. The Secretary, after consulting
            with the department or agency or organization or

    [[Page 122 STAT. 4770]]

            person involved, shall have the sole responsibility for
            determining if a program is subject to the requirements of this
            section.
                ``(2) The Secretary--
                        ``(A) <<NOTE: Review.>>  shall conduct an annual
                    review of the administration of programs determined
                    pursuant to paragraph (1) as subject to the requirements
                    of this section;
                        ``(B) may direct agencies to require the
                    transportation on United States-flagged vessels of cargo
                    shipments not otherwise subject to this section in
                    equivalent amounts to cargo determined to have been
                    shipped on foreign carriers in violation of this
                    section;
                        ``(C) may impose on any person that violates this
                    section, or a regulation prescribed under this section,
                    a civil penalty of not more than $25,000 for each
                    violation willfully and knowingly committed, with each
                    day of a continuing violation following the date of
                    shipment to be a separate violation; and
                        ``(D) may take other measures as appropriate under
                    the Federal Acquisition Regulations issued pursuant to
                    section 25(c)(1) of the Office of Federal Procurement
                    Policy Act (41 U.S.C. 421(c)(1) or contract with respect
                    to each violation.''.

        (c) <<NOTE: 46 USC 55305 note.>>  Regulations.--The Secretary of
    Transportation shall prescribe such rules as are necessary to carry out
    section 55305(d) of title 46, United States Code. The Secretary may
    prescribe interim rules necessary to carry out section 55305(d) of such
    title. An interim rule prescribed under this subsection shall remain in
    effect until superseded by a final rule.

        (d) Change of Year.--Section 55314(a) of title 46, United States
    Code, is amended by striking ``calendar'' each place it appears and
    inserting ``fiscal''.
    SEC. 3512. <<NOTE: 48 USC 1421r.>>  PORT OF GUAM IMPROVEMENT
                              ENTERPRISE PROGRAM.

        (a) In General.--The Secretary of Transportation, acting through the
    Administrator of the Maritime Administration (in this section referred
    to as the ``Administrator''), may establish a Port of Guam Improvement
    Enterprise Program (in this section referred to as the ``Program'') to
    provide for the planning, design, and construction of projects for the
    Port of Guam to improve facilities, relieve port congestion, and provide
    greater access to port facilities.
        (b) Authorities of the Administrator.--In carrying out the Program,
    the Administrator may--
                (1) receive funds provided for the Program from Federal and
            non-Federal entities, including private entities;
                (2) provide for coordination among appropriate governmental
            agencies to expedite the review process under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
            projects carried out under the Program;
                (3) provide for coordination among appropriate governmental
            agencies in connection with other reviews and requirements
            applicable to projects carried out under the Program; and
                (4) provide technical assistance to the Port Authority of
            Guam (and its agents) as needed for projects carried out under
            the Program.

        (c) Port of Guam Improvement Enterprise Fund.--

    [[Page 122 STAT. 4771]]

                (1) Establishment.--There is established in the Treasury of
            the United States a separate account to be known as the ``Port
            of Guam Improvement Enterprise Fund'' (in this section referred
            to as the ``Fund'').
                (2) Deposits.--There shall be deposited into the Fund--
                        (A) amounts received by the Administrator from
                    Federal and non-Federal sources under subsection (b)(1);
                        (B) amounts transferred to the Administrator under
                    subsection (d); and
                        (C) amounts appropriated to carry out this section
                    under subsection (f).
                (3) Use of amounts.--Amounts in the Fund shall be available
            to the Administrator to carry out the Program.
                (4) Administrative expenses.--Not to exceed 3 percent of the
            amounts appropriated to the Fund for a fiscal year may be used
            for administrative expenses of the Administrator.
                (5) Availability of amounts.--Amounts in the Fund shall
            remain available until expended.

        (d) Transfers of Amounts.--Amounts appropriated or otherwise made
    available for any fiscal year for an intermodal or marine facility
    comprising a component of the Program shall be transferred to and
    administered by the Administrator.
        (e) Limitation.--Nothing in this section shall be construed to
    authorize amounts made available under section 215 of title 23, United
    States Code, or any other amounts made available for the construction of
    highways or amounts otherwise not eligible for making port improvements
    to be deposited into the Fund.
        (f) Authorization of Appropriations.--There are authorized to be
    appropriated to the Fund such sums as may be necessary to carry out this
    section

        Approved October 14, 2008.

    LEGISLATIVE HISTORY--S. 3001 (H.R. 5658):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 110-652 and Pt. 2 (both from Comm. on Armed Services)
    accompanying H.R. 5658.
    SENATE REPORTS: No. 110-335 (Comm. on Armed Services).
    CONGRESSIONAL RECORD, Vol. 154 (2008):
                Sept. 9-12, 15-17, considered and passed Senate.
                Sept. 24, considered and passed House, amended.
                Sept. 27, Senate concurred in House amendment.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
                Oct. 14, Presidential statement.

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