[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3002 Placed on Calendar Senate (PCS)]
Calendar No. 733
110th CONGRESS
2d Session
S. 3002
To authorize appropriations for fiscal year 2009 for military
activities of the Department of Defense, to prescribe military
personnel strengths for such fiscal year, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2008
Mr. Levin, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2009 for military
activities of the Department of Defense, to prescribe military
personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Authorization
Act for Fiscal Year 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Stryker Mobile Gun System.
Sec. 112. Procurement of small arms.
Subtitle C--Navy Programs
Sec. 131. Authority for advanced procurement and construction of
components for the Virginia-class submarine
program.
Sec. 132. Refueling and complex overhaul of the U.S.S. Theodore
Roosevelt.
Subtitle D--Air Force Programs
Sec. 151. F-22A fighter aircraft.
Subtitle E--Joint and Multiservice Matters
Sec. 171. Annual long-term plan for the procurement of aircraft for the
Navy and the Air Force.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Requirement for plan on overhead nonimaging infrared systems.
Sec. 212. Advanced battery manufacturing and technology roadmap.
Sec. 213. Availability of funds for defense laboratories for research
and development of technologies for
military missions.
Sec. 214. Assured funding for certain information security and
information assurance programs of the
Department of Defense.
Sec. 215. Requirements for certain airborne intelligence collection
systems.
Subtitle C--Missile Defense Programs
Sec. 231. Review of the ballistic missile defense policy and strategy
of the United States.
Sec. 232. Limitation on availability of funds for procurement,
construction, and deployment of missile
defenses in Europe.
Sec. 233. Airborne Laser system.
Sec. 234. Annual Director of Operational Test and Evaluation
characterization of operational
effectiveness, suitability, and
survivability of the ballistic missile
defense system.
Sec. 235. Independent assessment of boost-phase missile defense
programs.
Sec. 236. Study on space-based interceptor element of ballistic missile
defense system.
Subtitle D--Other Matters
Sec. 251. Modification of systems subject to survivability testing by
the Director of Operational Test and
Evaluation.
Sec. 252. Biennial reports on joint and service concept development and
experimentation.
Sec. 253. Repeal of annual reporting requirement relating to the
Technology Transition Initiative.
Sec. 254. Executive agent for printed circuit board technology.
Sec. 255. Report on Department of Defense response to findings and
recommendations of the Defense Science
Board Task Force on Directed Energy
Weapons.
Sec. 256. Assessment of standards for mission critical semiconductors
procured by the Department of Defense.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Environmental Provisions
Sec. 311. Expansion of cooperative agreement authority for management
of natural resources to include off-
installation mitigation.
Sec. 312. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake
Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 313. Comprehensive program for the eradication of the brown tree
snake population from military facilities
in Guam.
Subtitle C--Workplace and Depot Issues
Sec. 321. Authority to consider depot-level maintenance and repair
using contractor furnished equipment or
leased facilities as core logistics.
Sec. 322. Minimum capital investment for certain depots.
Subtitle D--Reports
Sec. 331. Additional information under annual submissions of
information regarding information
technology capital assets.
Subtitle E--Other Matters
Sec. 341. Mitigation of power outage risks for Department of Defense
facilities and activities.
Sec. 342. Increased authority to accept financial and other incentives
related to energy savings and new authority
related to energy systems.
Sec. 343. Recovery of improperly disposed of Department of Defense
property.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2009 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 416. Increased end strengths for Reserves on active duty in
support of the Army National Guard and Army
Reserve and military technicians (dual
status) of the Army National Guard.
Sec. 417. Modification of authorized strengths for Marine Corps Reserve
officers on active duty in the grades of
major and lieutenant colonel to meet new
force structure requirements.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of distribution requirements for commissioned
officers on active duty in general and flag
officer grades.
Sec. 502. Modification of limitations on authorized strengths of
general and flag officers on active duty.
Sec. 503. Clarification of joint duty requirements for promotion to
general or flag grades.
Sec. 504. Modification of authorities on length of joint duty
assignments.
Sec. 505. Technical and conforming amendments relating to modification
of joint specialty requirements.
Sec. 506. Eligibility of reserve officers to serve on boards of inquiry
for separation of regular officers for
substandard performance and other reasons.
Sec. 507. Modification of authority on Staff Judge Advocate to the
Commandant of the Marine Corps.
Sec. 508. Increase in number of permanent professors at the United
States Air Force Academy.
Sec. 509. Service creditable toward retirement for thirty years or more
of service of regular warrant officers
other than regular Army warrant officers.
Sec. 510. Modification of requirements for qualification for issuance
of posthumous commissions and warrants.
Subtitle B--Enlisted Personnel Policy
Sec. 521. Increase in maximum period of reenlistment of regular members
of the Armed Forces.
Subtitle C--Reserve Component Management
Sec. 531. Modification of limitations on authorized strengths of
reserve general and flag officers in active
status.
Sec. 532. Extension to other reserve components of Army authority for
deferral of mandatory separation of
military technicians (dual status) until
age 60.
Sec. 533. Increase in mandatory retirement age for certain Reserve
officers to age 62.
Sec. 534. Authority for vacancy promotion of National Guard and Reserve
officers ordered to active duty in support
of a contingency operation.
Sec. 535. Authority for retention of reserve component chaplains and
medical officers until age 68.
Sec. 536. Modification of authorities on dual duty status of National
Guard officers.
Sec. 537. Modification of matching fund requirements under National
Guard Youth Challenge Program.
Sec. 538. Report on collection of information on civilian skills of
members of the reserve components of the
Armed Forces.
Subtitle D--Education and Training
Sec. 551. Authority to prescribe the authorized strength of the United
States Naval Academy.
Sec. 552. Tuition for attendance of certain individuals at the United
States Air Force Institute of Technology.
Sec. 553. Increase in stipend for baccalaureate students in nursing or
other health professions under health
professions stipend program.
Sec. 554. Clarification of discharge or release triggering delimiting
period for use of educational assistance
benefit for reserve component members
supporting contingency operations and other
operations.
Sec. 555. Payment by the service academies of certain expenses
associated with participation in activities
fostering international cooperation.
Subtitle E--Defense Dependents' Education Matters
Sec. 561. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 562. Impact aid for children with severe disabilities.
Sec. 563. Transition of military dependent students among local
educational agencies.
Subtitle F--Military Family Readiness
Sec. 571. Authority for education and training for military spouses
pursuing portable careers.
Subtitle G--Other Matters
Sec. 581. Department of Defense policy on the prevention of suicides by
members of the Armed Forces.
Sec. 582. Relief for losses incurred as a result of certain injustices
or errors of the Department of Defense.
Sec. 583. Paternity leave for members of the Armed Forces.
Sec. 584. Enhancement of authorities on participation of members of the
Armed Forces in international sports
competitions.
Sec. 585. Pilot programs on career flexibility to enhance retention of
members of the Armed Forces.
Sec. 586. Prohibition on interference in independent legal advice by
the Legal Counsel to the Chairman of the
Joint Chiefs of Staff.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2009 increase in military basic pay.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for
Reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 615. Extension of authorities relating to payment of referral
bonuses.
Sec. 616. Permanent extension of prohibition on charges for meals
received at military treatment facilities
by members receiving continuous care.
Sec. 617. Accession and retention bonuses for the recruitment and
retention of psychologists for the Armed
Forces.
Sec. 618. Authority for extension of maximum length of service
agreements for special pay for nuclear-
qualified officers extending period of
active service.
Sec. 619. Incentive pay for members of precommissioning programs
pursuing foreign language proficiency.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Shipment of family pets during evacuation of personnel.
Sec. 632. Special weight allowance for transportation of professional
books and equipment for spouses.
Sec. 633. Travel and transportation allowances for members of the
reserve components of the Armed Forces on
leave for suspension of training.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Presentation of burial flag to the surviving spouse and
children of members of the Armed Forces who
die in service.
Subtitle E--Other Matters
Sec. 651. Separation pay, transitional health care, and transitional
commissary and exchange benefits for
members of the Armed Forces separated under
Surviving Son or Daughter policy.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
Sec. 701. Calculation of monthly premiums for coverage under TRICARE
Reserve Select after 2008.
Subtitle B--Other Health Care Authorities
Sec. 711. Enhancement of medical and dental readiness of members of the
Armed Forces.
Sec. 712. Additional authority for studies and demonstration projects
relating to delivery of health and medical
care.
Sec. 713. Travel for anesthesia services for childbirth for dependents
of members assigned to very remote
locations outside the continental United
States.
Subtitle C--Other Health Care Matters
Sec. 721. Repeal of prohibition on conversion of military medical and
dental positions to civilian medical and
dental positions.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Inclusion of major subprograms to major defense acquisition
programs under acquisition reporting
requirements.
Sec. 802. Inclusion of certain major information technology investments
in acquisition oversight authorities for
major automated information system
programs.
Sec. 803. Configuration Steering Boards for cost control under major
defense acquisition programs.
Subtitle B--Acquisition Policy and Management
Sec. 811. Internal controls for procurements on behalf of the
Department of Defense by certain non-
defense agencies.
Sec. 812. Contingency Contracting Corps.
Sec. 813. Expedited review and validation of urgent requirements
documents.
Sec. 814. Incorporation of energy efficiency requirements into key
performance parameters for fuel consuming
systems.
Subtitle C--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
Sec. 821. Multiyear procurement authority for the Department of Defense
for the purchase of alternative and
synthetic fuels.
Sec. 822. Modification and extension of pilot program for transition to
follow-on contracts under authority to
carry out certain prototype projects.
Sec. 823. Exclusion of certain factors in consideration of cost
advantages of offers for certain Department
of Defense contracts.
Subtitle D--Department of Defense Contractor Matters
Sec. 831. Database for Department of Defense contracting officers and
suspension and debarment officials.
Sec. 832. Ethics safeguards for employees under certain contracts for
the performance of acquisition functions
closely associated with inherently
governmental functions.
Sec. 833. Information for Department of Defense contractor employees on
their whistleblower rights.
Subtitle E--Matters Relating to Iraq and Afghanistan
Sec. 841. Performance by private security contractors of inherently
governmental functions in an area of combat
operations.
Sec. 842. Additional contractor requirements and responsibilities
relating to alleged crimes by or against
contractor personnel in Iraq and
Afghanistan.
Sec. 843. Clarification and modification of authorities relating to the
Commission on Wartime Contracting in Iraq
and Afghanistan.
Sec. 844. Comprehensive audit of spare parts purchases and depot
overhaul and maintenance of equipment for
operations in Iraq and Afghanistan.
Subtitle F--Other Matters
Sec. 851. Expedited hiring authority for the defense acquisition
workforce.
Sec. 852. Specification of Secretary of Defense as ``Secretary
concerned'' for purposes of licensing of
intellectual property for the Defense
Agencies and defense field activities.
Sec. 853. Repeal of requirements relating to the military system
essential item breakout list.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Modification of status of Assistant to the Secretary of
Defense for Nuclear and Chemical and
Biological Defense Programs.
Sec. 902. Participation of Deputy Chief Management Officer of the
Department of Defense on Defense Business
System Management Committee.
Sec. 903. Repeal of obsolete limitations on management headquarters
personnel.
Sec. 904. General Counsel to the Inspector General of the Department of
Defense.
Sec. 905. Assignment of forces to the United States Northern Command
with primary mission of management of the
consequences of an incident in the United
States homeland involving a chemical,
biological, radiological, or nuclear
device, or high-yield explosives.
Sec. 906. Business transformation initiatives for the military
departments.
Subtitle B--Space Matters
Sec. 911. Space posture review.
Subtitle C--Defense Intelligence Matters
Sec. 921. Requirement for officers of the Armed Forces on active duty
in certain intelligence positions.
Sec. 922. Transfer of management of Intelligence Systems Support
Office.
Sec. 923. Program on advanced sensor applications.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Incorporation into Act of tables in the report of the
Committee on Armed Services of the Senate.
Sec. 1003. United States contribution to NATO common-funded budgets in
fiscal year 2009.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Government rights in designs of Department of Defense
vessels, boats, craft, and components
developed using public funds.
Sec. 1012. Reimbursement of expenses for certain Navy mess operations.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide
support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1022. Two-year extension of authority for use of funds for unified
counterdrug and counterterrorism campaign
in Colombia.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Procurement by State and local governments of equipment for
homeland security and emergency response
activities through the Department of
Defense.
Sec. 1032. Enhancement of the capacity of the United States Government
to conduct complex operations.
Sec. 1033. Crediting of admiralty claim receipts for damage to property
funded from a Department of Defense working
capital fund.
Sec. 1034. Minimum annual purchase requirements for airlift services
from carriers participating in the Civil
Reserve Air Fleet.
Sec. 1035. Termination date of base contract for the Navy-Marine Corps
Intranet.
Sec. 1036. Prohibition on interrogation of detainees by contractor
personnel.
Sec. 1037. Notification of Committees on Armed Services with respect to
certain nonproliferation and proliferation
activities.
Sec. 1038. Sense of Congress on nuclear weapons management.
Sec. 1039. Sense of Congress on joint Department of Defense-Federal
Aviation Administration executive committee
on conflict and dispute resolution.
Sec. 1040. Sense of Congress on sale of new outsize cargo, strategic
lift aircraft for civilian use.
Subtitle E--Reports
Sec. 1051. Repeal of requirement to submit certain annual reports to
Congress regarding allied contributions to
the common defense.
Sec. 1052. Report on detention operations in Iraq.
Sec. 1053. Strategic plan to enhance the role of the National Guard and
Reserves in the national defense.
Sec. 1054. Review of nonnuclear prompt global strike concept
demonstrations.
Sec. 1055. Review of bandwidth capacity requirements of the Department
of Defense and the intelligence community.
Subtitle F--Wounded Warrior Matters
Sec. 1061. Modification of utilization of veterans' presumption of
sound condition in establishing eligibility
of members of the Armed Forces for
retirement for disability.
Sec. 1062. Inclusion of service members in inpatient status in wounded
warrior policies and protections.
Sec. 1063. Clarification of certain information sharing between the
Department of Defense and Department of
Veterans Affairs for wounded warrior
purposes.
Sec. 1064. Additional responsibilities for the wounded warrior resource
center.
Sec. 1065. Responsibility for the Center of Excellence in the
Prevention, Diagnosis, Mitigation,
Treatment and Rehabilitation of Traumatic
Brain Injury to conduct pilot programs on
treatment approaches for traumatic brain
injury.
Sec. 1066. Center of Excellence in the Mitigation, Treatment, and
Rehabilitation of Traumatic Extremity
Injuries and Amputations.
Sec. 1067. Three-year extension of Senior Oversight Committee with
respect to wounded warrior matters.
Subtitle G--Other Matters
Sec. 1081. Military salute for the flag during the national anthem by
members of the Armed Forces not in uniform
and by veterans.
Sec. 1082. Modification of deadlines for standards required for entry
to military installations in the United
States.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Department of Defense strategic human capital plans.
Sec. 1102. Conditional increase in authorized number of Defense
Intelligence Senior Executive Service
personnel.
Sec. 1103. Enhancement of authorities relating to additional positions
under the National Security Personnel
System.
Sec. 1104. Expedited hiring authority for health care professionals of
the Department of Defense.
Sec. 1105. Election of insurance coverage by Federal civilian employees
deployed in support of a contingency
operation.
Sec. 1106. Permanent extension of Department of Defense voluntary
reduction in force authority.
Sec. 1107. Four-year extension of authority to make lump sum severance
payments with respect to Department of
Defense employees.
Sec. 1108. Authority to waive limitations on pay for Federal civilian
employees working overseas under areas of
United States Central Command.
Sec. 1109. Technical amendment relating to definition of professional
accounting position for purposes of
certification and credentialing standards.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Increase in amount available for costs of education and
training of foreign military forces under
Regional Defense Combating Terrorism
Fellowship Program.
Sec. 1202. Authority for distribution to certain foreign personnel of
education and training materials and
information technology to enhance military
interoperability with the Armed Forces.
Sec. 1203. Extension and expansion of authority for support of special
operations to combat terrorism.
Sec. 1204. Modification and extension of authorities relating to
program to build the capacity of foreign
military forces.
Sec. 1205. Extension of authority and increased funding for security
and stabilization assistance.
Sec. 1206. Four-year extension of temporary authority to use
acquisition and cross-servicing agreements
to lend military equipment for personnel
protection and survivability.
Sec. 1207. Authority for use of funds for non-conventional assisted
recovery capabilities.
Subtitle B--Department of Defense Participation in Bilateral,
Multilateral, and Regional Cooperation Programs
Sec. 1211. Availability across fiscal years of funds for military-to-
military contacts and comparable
activities.
Sec. 1212. Enhancement of authorities relating to Department of Defense
regional centers for security studies.
Sec. 1213. Payment of personnel expenses for multilateral cooperation
programs.
Sec. 1214. Participation of the Department of Defense in multinational
military centers of excellence.
Subtitle C--Other Authorities and Limitations
Sec. 1221. Waiver of certain sanctions against North Korea.
Subtitle D--Reports
Sec. 1231. Extension and modification of updates on report on claims
relating to the bombing of the Labelle
Discotheque.
Sec. 1232. Report on utilization of certain global partnership
authorities.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. Reduction in certain authorizations due to savings from
lower inflation.
Subtitle B--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle C--Other Matters
Sec. 1431. Responsibilities for Chemical Demilitarization Citizens'
Advisory Commissions in Colorado and
Kentucky.
Sec. 1432. Modification of definition of ``Department of Defense
sealift vessel'' for purposes of the
National Defense Sealift Fund.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN
AFGHANISTAN
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.
Sec. 1506. Defense-wide activities procurement.
Sec. 1507. Research, development, test, and evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Military personnel.
Sec. 1510. Working capital funds.
Sec. 1511. Other Department of Defense programs.
Sec. 1512. Afghanistan Security Forces Fund.
Sec. 1513. Treatment as additional authorizations.
Sec. 1514. Special transfer authority.
Sec. 1515. Limitation on use of funds.
Sec. 1516. Requirement for separate display of budget for Afghanistan.
TITLE XVI--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN
IRAQ
Sec. 1601. Purpose.
Sec. 1602. Army procurement.
Sec. 1603. Navy and Marine Corps procurement.
Sec. 1604. Air Force procurement.
Sec. 1605. Joint Improvised Explosive Device Defeat Fund.
Sec. 1606. Defense-wide activities procurement.
Sec. 1607. Research, development, test, and evaluation.
Sec. 1608. Operation and maintenance.
Sec. 1609. Military personnel.
Sec. 1610. Working capital funds.
Sec. 1611. Defense Health Program.
Sec. 1612. Iraq Freedom Fund.
Sec. 1613. Iraq Security Forces Fund.
Sec. 1614. Treatment as additional authorizations.
Sec. 1615. Limitation on use of funds.
Sec. 1616. Contributions by the Government of Iraq to large-scale
infrastructure projects, combined
operations, and other activities in Iraq.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement for the Army as follows:
(1) For aircraft, $4,957,435,000.
(2) For missiles, $2,211,460,000.
(3) For weapons and tracked combat vehicles,
$3,689,277,000.
(4) For ammunition, $2,303,791,000.
(5) For other procurement, $11,861,704,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2009 for procurement for the Navy as follows:
(1) For aircraft, $14,729,274,000.
(2) For weapons, including missiles and torpedoes,
$3,605,482,000.
(3) For shipbuilding and conversion, $13,037,218,000.
(4) For other procurement, $5,516,506,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2009 for procurement for the Marine Corps in the amount
of $1,495,665,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for procurement of ammunition
for the Navy and the Marine Corps in the amount of $1,131,712,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement for the Air Force as follows:
(1) For aircraft, $13,235,286,000.
(2) For missiles, $5,556,728,000.
(3) For ammunition, $895,478,000.
(4) For other procurement, $16,115,496,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2009
for Defense-wide procurement as follows:
(1) For Defense-wide procurement, $3,466,928,000.
(2) For the Rapid Acquisition Fund, $102,045,000.
Subtitle B--Army Programs
SEC. 111. STRYKER MOBILE GUN SYSTEM.
(a) Testing of System.--If the Secretary of the Army makes the
certification described by subsection (a) of section 117 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-18; 122 Stat. 26) with respect to the Stryker Mobile Gun System, or
the Secretary of Defense waives pursuant to subsection (b) of such
section the limitations under subsection (a) of such section with
respect to the Stryker Mobile Gun System, the Secretary of Defense
shall, through the Director of Operational Test and Evaluation, ensure
that the Stryker Mobile Gun System is subject to testing to confirm the
efficacy of any actions necessary to mitigate operational
effectiveness, suitability, and survivability deficiencies identified
in Initial Operational Test and Evaluation and Live Fire Test and
Evaluation.
(b) Quarterly Reports.--
(1) Reports required.--The Secretary of the Army shall
submit to the congressional defense committees on a quarterly
basis a report setting forth the following:
(A) The status of any necessary mitigating actions
taken by the Army to address deficiencies in the
Stryker Mobile Gun System that are identified by the
Director of Operational Test and Evaluation.
(B) An assessment of the efficacy of the actions
described by subparagraph (A).
(C) A statement of additional actions needed to be
taken, if any, to mitigate operational deficiencies in
the Stryker Mobile Gun System.
(D) A compilation of all hostile fire engagements
resulting in damage to the vehicle, resulting in a non-
mission capable status of the Stryker Mobile Gun
System.
(2) Consultation.--The Secretary shall submit each report
required by paragraph (1) in consultation with the Director of
Operational Test and Evaluation.
(3) Form.--Each report required by paragraph (1) may be
submitted in unclassified or classified form.
(c) Expansion of Limitation on Availability of Funds for
Procurement of System.--Section 117(a) of the National Defense
Authorization Act for Fiscal Year 2008 is amended by striking ``by
sections 101(3) and 1501(3)'' and inserting ``by this Act or any other
Act.''.
SEC. 112. PROCUREMENT OF SMALL ARMS.
(a) Report on Capabilities Based Assessment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report on the
Capabilities Based Assessment of small arms by the Army
Training and Doctrine Command.
(2) Limitation on use of certain funds pending report.--Not
more than 75 percent of the aggregate amount authorized to be
appropriated for the Department of Defense for fiscal year 2009
and available for the Guardrail Common Sensor program may be
obligated for that program until after the Secretary of the
Army submits to the congressional defense committees a report
required under paragraph (1).
(b) Competition for New Individual Weapon.--
(1) Competition required.--In the event the Capabilities
Based Assessment identifies gaps in the current capabilities of
the small arms of the Army and the Secretary of the Army
determines that a new individual weapon is required to address
such gaps, the Secretary shall procure the new individual
weapon through one or more contracts entered into after full
and open competition described in paragraph (2).
(2) Full and open competition.--The full and open
competition described in this paragraph is full and open
competition among all responsible manufacturers that--
(A) is open to all developmental item solutions and
nondevelopmental item (NDI) solutions; and
(B) provides for the award of the contract or
contracts concerned based on selection criteria that
reflect the key performance parameters and attributes
identified in an Army-approved service requirements
document.
(c) Report on Procurement of Carbine-Type Rifles.--Not later than
120 days after the date of the enactment of this Act, Secretary of
Defense shall submit to the congressional defense committees a report
on the feasibility and advisability of each of the following:
(1) The certification of a carbine-type rifle requirement
that does not require commonality with existing technical data.
(2) A full and open competition leading to the award of
contracts for carbine-type rifles in lieu of a developmental
program intended to meet the proposed carbine-type rifle
requirement.
(3) The reprogramming of funds for the procurement of small
arms from the procurement of M4 Carbines to the procurement of
carbine-type rifles authorized only as the result of
competition.
(4) The use of rapid equipping authority to procure
carbine-type rifles under $2,000 per unit that meet service-
approved requirements, which weapons may be nondevelopmental
items selected through full and open competition.
Subtitle C--Navy Programs
SEC. 131. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUCTION OF
COMPONENTS FOR THE VIRGINIA-CLASS SUBMARINE PROGRAM.
Section 121 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 26) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Advance Procurement and Construction of Components.--The
Secretary may enter into one or more contracts for advance procurement
and advance construction of those components for the Virginia-class
submarine program for which authorization to enter into a multiyear
procurement contract is granted under subsection (a) if the Secretary
determines that cost savings or construction efficiencies may be
achieved for Virginia-class submarines through the use of such
contracts.''.
SEC. 132. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEODORE
ROOSEVELT.
(a) Amount Authorized From SCN Account.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2009 by section 102(a)(3) for
shipbuilding and conversion, Navy, $124,500,000 is available
for the commencement of the nuclear refueling and complex
overhaul of the U.S.S. Theodore Roosevelt (CVN-71) during
fiscal year 2009.
(2) First increment.--The amount made available under
paragraph (1) is the first increment of the three increments of
funding planned to be available for the nuclear refueling and
complex overhaul of the U.S.S. Theodore Roosevelt.
(b) Contract Authority.--
(1) In general.--The Secretary of the Navy may enter into a
contract during fiscal year 2009 for the nuclear refueling and
complex overhaul of the U.S.S. Theodore Roosevelt.
(2) Condition on out-year contract payments.--The contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2009 is subject to
the availability of appropriations for that purpose for such
fiscal year.
Subtitle D--Air Force Programs
SEC. 151. F-22A FIGHTER AIRCRAFT.
(a) Availability of Funds.--Subject to subsection (b), of the
amount authorized to be appropriated by section 103(1) for procurement
of aircraft for the Air Force, $497,000,000 shall be available, at the
election of the President, for either, but not both, of the following:
(1) Advance procurement of F-22A fighter aircraft in fiscal
year 2010.
(2) Winding down of the production line for F-22A fighter
aircraft.
(b) Certification.--
(1) In general.--The amount referred to in subsection (a)
shall not be available for the purpose elected by the President
under that subsection until the President certifies to the
congressional defense committees the following (as applicable):
(A) That procurement of F-22A fighter aircraft is
in the national interests of the United States.
(B) That the winding down of the production line
for F-22A fighter aircraft is in the national interests
of the United States.
(2) Date of submittal.--Any certification submitted under
this subsection may not be submitted before January 21, 2009.
Subtitle E--Joint and Multiservice Matters
SEC. 171. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF AIRCRAFT FOR THE
NAVY AND THE AIR FORCE.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 231 the following new section:
``Sec. 231a. Budgeting for procurement of aircraft for the Navy and Air
Force: annual plan and certification
``(a) Annual Aircraft Procurement Plan and Certification.--The
Secretary of Defense shall include with the defense budget materials
for each fiscal year--
``(1) a plan for the procurement of the aircraft specified
in subsection (b) for the Department of the Navy and the
Department of the Air Force developed in accordance with this
section; and
``(2) a certification by the Secretary that both the budget
for such fiscal year and the future-years defense program
submitted to Congress in relation to such budget under section
221 of this title provide for funding of the procurement of
aircraft at a level that is sufficient for the procurement of
the aircraft provided for in the plan under paragraph (1) on
the schedule provided in the plan.
``(b) Covered Aircraft.--The aircraft specified in this subsection
are the aircraft as follows:
``(1) Fighter aircraft.
``(2) Attack aircraft.
``(3) Bomber aircraft.
``(4) Strategic lift aircraft.
``(5) Intratheater lift aircraft.
``(6) Intelligence, surveillance, and reconnaissance
aircraft.
``(7) Tanker aircraft.
``(8) Any other major support aircraft designated by the
Secretary of Defense for purposes of this section.
``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft
procurement plan developed for a fiscal year for purposes of subsection
(a)(1) should be designed so that the aviation force provided for under
the plan is capable of supporting the national security strategy of the
United States as set forth in the most recent national security
strategy report of the President under section 108 of the National
Security Act of 1947 (50 U.S.C. 404a), except that, if at the time the
plan is submitted with the defense budget materials for that fiscal
year, a national security strategy report required under such section
108 has not been submitted to Congress as required by paragraph (2) or
paragraph (3), if applicable, of subsection (a) of such section, then
the plan should be designed so that the aviation force provided for
under the plan is capable of supporting the aviation force structure
recommended in the report of the most recent Quadrennial Defense
Review.
``(2) Each annual aircraft procurement plan shall include the
following:
``(A) A detailed program for the procurement of the
aircraft specified in subsection (b) for each of the Department
of the Navy and the Department of the Air Force over the next
30 fiscal years.
``(B) A description of the necessary aviation force
structure to meet the requirements of the national security
strategy of the United States or the most recent Quadrennial
Defense Review, whichever is applicable under paragraph (1).
``(C) The estimated levels of annual funding necessary to
carry out the program, together with a discussion of the
procurement strategies on which such estimated levels of annual
funding are based.
``(D) An assessment by the Secretary of Defense of the
extent to which the combined aircraft forces of the Department
of the Navy and the Department of the Air Force meet the
national security requirements of the United States.
``(d) Assessment When Aircraft Procurement Budget Is Insufficient
To Meet Applicable Requirements.--If the budget for a fiscal year
provides for funding of the procurement of aircraft for either the
Department of the Navy or the Department of the Air Force at a level
that is not sufficient to sustain the aviation force structure
specified in the aircraft procurement plan for such Department for that
fiscal year under subsection (a), the Secretary shall include with the
defense budget materials for that fiscal year an assessment that
describes and discusses the risks associated with the reduced force
structure of aircraft that will result from funding aircraft
procurement at such level. Such assessment shall be coordinated in
advance with the commanders of the combatant commands.
``(e) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal
year.
``(3) The term `Quadrennial Defense Review' means the
review of the defense programs and policies of the United
States that is carried out every 4 years under section 118 of
this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by inserting after the item relating
to section 231 the following new item:
``231a. Budgeting for procurement of aircraft for the Navy and Air
Force: annual plan and certification.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $10,855,210,000.
(2) For the Navy, $19,442,192,000.
(3) For the Air Force, $28,322,477,000.
(4) For Defense-wide activities, $21,113,501,000, of which
$188,772,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2009.--Of the amounts authorized to be appropriated
by section 201, $11,895,180,000 shall be available for the Defense
Science and Technology Program, including basic research, applied
research, and advanced technology development projects.
(b) Basic Research, Applied Research, and Advanced Technology
Development Defined.--For purposes of this section, the term ``basic
research, applied research, and advanced technology development'' means
work funded in programs elements for defense research and development
under Department of Defense budget activity 1, 2, or 3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING INFRARED SYSTEMS.
(a) In General.--The Secretary of the Air Force shall develop a
comprehensive plan to conduct and support research, development, and
demonstration of technologies that could evolve into the next
generation of overhead nonimaging infrared systems.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) The research objectives to be achieved under the plan.
(2) An estimate of the duration of the research,
development, and demonstration of technologies under the plan.
(3) The cost and duration of any flight or on-orbit
demonstrations of the technologies being developed.
(4) A plan for implementing an acquisition program with
respect to technologies determined to be successful under the
plan.
(5) An identification of the date by which a decision must
be made to begin a follow-on program and a justification for
the date identified.
(6) A schedule for completion of a full analysis of the on-
orbit performance characteristics of the Space-Based Infrared
System and the Space Tracking and Surveillance System, and an
assessment of how the performance characteristics of such
systems will inform the decision to proceed to a next
generation overhead nonimaging infrared system.
(c) Limitation on Obligation and Expenditure of Funds for Third
Generation Infrared Surveillance Program.--Not more than 50 percent of
the amounts authorized to be appropriated for fiscal year 2009 by
section 201(3) for research, development, test, and evaluation for the
Air Force and available for the Third Generation Infrared Surveillance
program may be obligated or expended until the date that is 30 days
after the date on which the Secretary submits to the congressional
defense committees the plan required by subsection (a).
SEC. 212. ADVANCED BATTERY MANUFACTURING AND TECHNOLOGY ROADMAP.
(a) Roadmap Required.--The Secretary of Defense shall, in
coordination with the Secretary of Energy, develop a multi-year roadmap
to develop advanced battery technologies and sustain domestic advanced
battery manufacturing capabilities and an assured supply chain
necessary to ensure that the Department of Defense has assured access
to advanced battery technologies to support current military
requirements and emerging military needs.
(b) Elements.--The roadmap required by subsection (a) shall
include, but not be limited to, the following:
(1) An identification of current and future capability
gaps, performance enhancements, cost savings goals, and assured
technology access goals that require advances in battery
technology and manufacturing capabilities.
(2) Specific research, technology, and manufacturing goals
and milestones, and timelines and estimates of funding
necessary for achieving such goals and milestones.
(3) Specific mechanisms for coordinating the activities of
Federal agencies, State and local governments, coalition
partners, private industry, and academia covered by the
roadmap.
(4) Such other matters as the Secretary of Defense and the
Secretary of Energy consider appropriate for purposes of the
roadmap.
(c) Coordination.--
(1) In general.--The roadmap required by subsection (a)
shall be developed in coordination with the military
departments, appropriate Defense Agencies and other elements
and organizations of the Department of Defense, other
appropriate Federal, State, and local government organizations,
and appropriate representatives of private industry and
academia.
(2) Department of defense support.--The Secretary of
Defense shall ensure that appropriate elements and
organizations of the Department of Defense provide such
information and other support as is required for the
development of the roadmap.
(d) Submittal to Congress.--The Secretary of Defense shall submit
to the congressional defense committees the roadmap required by
subsection (a) not later than one year after the date of the enactment
of this Act.
SEC. 213. AVAILABILITY OF FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH
AND DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.
(a) Availability of Funds.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretaries of the military departments,
establish mechanisms under which the director of a defense
laboratory may utilize an amount equal to not more than three
percent of all funds available to the defense laboratory for
the following purposes:
(A) To fund innovative basic and applied research
at the defense laboratory in support of military
missions.
(B) To fund development programs that support the
transition of technologies developed by the defense
laboratory into operational use.
(C) To fund workforce development activities that
improve the capacity of the defense laboratory to
recruit and retain personnel with scientific and
engineering expertise required by the defense
laboratory.
(2) Consultation required.--The mechanisms established
under paragraph (1) shall provide that funding shall be
utilized under paragraph (1) at the discretion of the director
of a defense laboratory in consultation with the science and
technology executive of the military department concerned.
(b) Annual Report on Use of Authority.--
(1) In general.--Not later than March 1 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the use of the authority under
subsection (a) during the preceding year.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year covered by such report, the
following:
(A) A current description of the mechanisms under
subsection (a).
(B) A statement of the amount of funding made
available by each defense laboratory for research and
development described in subsection (a)(1).
(C) A description of the investments made by each
defense laboratory utilizing funds under subsection
(a).
(D) A description and assessment of any
improvements in the performance of the defense
laboratories as a result of investments described under
subparagraph (C).
(E) A description and assessment of the
contributions of the research and development conducted
by the defense laboratories utilizing funds under
subsection (a) to the development of needed military
capabilities.
(F) A description of any modification to the
mechanisms under subsection (a) that are required or
proposed to be taken to enhance the efficacy of the
authority under subsection (a) to support military
missions.
SEC. 214. ASSURED FUNDING FOR CERTAIN INFORMATION SECURITY AND
INFORMATION ASSURANCE PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Of the amount authorized to be appropriated for
each fiscal year after fiscal year 2008 for a program specified in
subsection (b), not less than the amount equal to one percent of such
amount shall be available in such fiscal year for the establishment or
conduct under such program of a program or activities to--
(1) anticipate advances in information technology that will
create information security challenges for the Department of
Defense when fielded; and
(2) identify and develop solutions to such challenges.
(b) Covered Programs.--The programs specified in this subsection
are the programs described in the budget justification documents
submitted to Congress in support of the budget of the President for
fiscal year 2009 (as submitted pursuant to section 1105(a) of title 31,
United States Code) as follows:
(1) The Information Systems Security Program of the
Department of Defense.
(2) Each other Department of Defense information assurance
program.
(3) Any program of the Department of Defense under the
Comprehensive National Cybersecurity Initiative that is not
funded by the National Intelligence Program.
(c) Supplement Not Supplant.--Amounts available under subsection
(a) for a fiscal year for the programs and activities described in that
subsection are in addition to any other amounts available for such
fiscal year for the programs specified in subsection (b) for research
and development relating to new information assurance technologies.
SEC. 215. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE COLLECTION
SYSTEMS.
(a) In General.--Except as provided pursuant to subsection (b),
effective as of October 1, 2012, each airborne intelligence collection
system of the Department of Defense that is connected to the
Distributed Common Ground/Surface System shall have the capability to
operate with the Network-Centric Collaborative Targeting System.
(b) Exceptions.--The requirement in subsection (a) with respect to
a particular airborne intelligence collection system may be waived by
the Chairman of the Joint Requirements Oversight Council under section
181 of title 10, United States Code. Waivers under this subsection
shall be made on a case-by-case basis.
Subtitle C--Missile Defense Programs
SEC. 231. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND STRATEGY
OF THE UNITED STATES.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the ballistic missile defense policy and strategy of the
United States.
(b) Elements.--The matters addressed by the review required by
subsection (a) shall include, but not be limited to, the following:
(1) The ballistic missile defense policy of the United
States in relation to the overall national security policy of
the United States.
(2) The ballistic missile defense strategy and objectives
of the United States in relation to the national security
strategy of the United States and the military strategy of the
United States.
(3) The organization, discharge, and oversight of
acquisition for the ballistic missile defense programs of the
United States.
(4) The roles and responsibilities of the military
departments in the ballistic missile defense programs of the
United States.
(5) The process for determining requirements for missile
defense capabilities under the ballistic missile defense
programs of the United States, including input from the joint
military requirements process.
(6) The process for determining the force structure and
inventory objectives for the ballistic missile defense programs
of the United States.
(7) Standards for the military utility, operational
effectiveness, suitability, and survivability of the ballistic
missile defense systems of the United States.
(8) The affordability and cost-effectiveness of particular
capabilities under the ballistic missile defense programs of
the United States.
(9) The objectives, requirements, and standards for test
and evaluation with respect to the ballistic missile defense
programs of the United States.
(10) Accountability, transparency, and oversight with
respect to the ballistic missile defense programs of the United
States.
(11) The role of international cooperation on missile
defense in the ballistic missile defense policy and strategy of
the United States.
(c) Report.--
(1) In general.--Not later than January 31, 2010, the
Secretary shall submit to Congress a report setting forth the
results of the review required by subsection (a).
(2) Form.--The report required by this subsection shall be
in unclassified form, but may include a classified annex.
SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT,
CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN
EUROPE.
(a) In General.--No funds authorized to be appropriated by this Act
may be obligated or expended for procurement, site activation,
construction, preparation of equipment for, or deployment of major
components of a long-range missile defense system in a European country
until each of the following conditions have been met:
(1) The government of the country in which such major
components of such missile defense system (including
interceptors and associated radars) are proposed to be deployed
has given final approval (including parliamentary ratification)
to any missile defense agreements negotiated between such
government and the United States Government concerning the
proposed deployment of such components in such country.
(2) 45 days have elapsed following the receipt by Congress
of the report required by section 226(c) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 42).
(b) Additional Limitation.--In addition to the limitation in
subsection (a), no funds authorized to be appropriated by this Act may
be obligated or expended for the acquisition (other than initial long-
lead procurement) or deployment of operational missiles of a long-range
missile defense system in Europe until the Secretary of Defense, after
receiving the views of the Director of Operational Test and Evaluation,
submits to Congress a report certifying that the proposed interceptor
to be deployed as part of such missile defense system has demonstrated,
through successful, operationally realistic flight testing, a high
probability of accomplishing its mission in an operationally effective
manner.
(c) Construction.--Nothing in this section shall be construed to
limit continuing obligation and expenditure of funds for missile
defense, including for research and development and for other
activities not otherwise limited by subsection (a) or (b), including,
but not limited to, site surveys, studies, analysis, and planning and
design for the proposed missile defense deployment in Europe.
SEC. 233. AIRBORNE LASER SYSTEM.
(a) Report on Director of Operational Test and Evaluation
Assessment of Testing.--Not later than January 15, 2010, the Director
of Operational Test and Evaluation shall--
(1) review and evaluate the testing conducted on the first
Airborne Laser system aircraft, including the planned shootdown
demonstration testing; and
(2) submit to the Secretary of Defense and to Congress an
assessment by the Director of the operational effectiveness,
suitability, and survivability of the Airborne Laser system.
(b) Limitation on Availability of Funds for Later Airborne Laser
System Aircraft.--No funds authorized to be appropriated for the
Department of Defense may be obligated or expended for the procurement
of a second or subsequent aircraft for the Airborne Laser system
program until the Secretary of Defense, after receiving the assessment
of the Director of Operational Test and Evaluation under subsection
(a)(2), submits to Congress a certification that the Airborne Laser
system has demonstrated, through successful testing and operational and
cost analysis, a high probability of being operationally effective,
suitable, survivable, and affordable.
SEC. 234. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUATION
CHARACTERIZATION OF OPERATIONAL EFFECTIVENESS,
SUITABILITY, AND SURVIVABILITY OF THE BALLISTIC MISSILE
DEFENSE SYSTEM.
(a) Annual Characterization.--Section 232(h) of the National
Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of Operational Test and Evaluation shall also
each year characterize the operational effectiveness, suitability, and
survivability of the ballistic missile defense system, and its
elements, that have been fielded or tested before the end of the
preceding fiscal year.''; and
(3) in paragraph (3), as redesignated by paragraph (1) of
this subsection, by inserting ``and the characterization under
paragraph (2)'' after ``the assessment under paragraph (1)''.
(b) Conforming Amendment.--The heading of such section is amended
to read as follows: ``Annual OT&E Assessment and Characterization of
Certain Ballistic Missile Defense Matters.--''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008, and shall apply with respect to fiscal years
beginning on or after that date.
SEC. 235. INDEPENDENT ASSESSMENT OF BOOST-PHASE MISSILE DEFENSE
PROGRAMS.
(a) Independent Assessment Required.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense shall
enter into a contract with the National Academy of Sciences under which
the Academy shall conduct an independent assessment of the boost-phase
ballistic missile defense programs of the United States.
(b) Elements.--The assessment required by subsection (a) shall
consider the following:
(1) The extent to which boost-phase missile defense is
feasible, practical, and affordable.
(2) Whether any of the existing boost-phase missile defense
technology demonstration efforts of the Department of Defense
(particularly the Airborne Laser and the Kinetic Energy
Interceptor) have a high probability of performing a boost-
phase missile defense mission in an operationally effective,
suitable, survivable, and affordable manner.
(c) Factors To Be Considered.--In conducting the assessment
required by subsection (a), the factors considered by the National
Academy of Sciences shall include, but not be limited to, the
following:
(1) Operational considerations, including the need and
ability to be deployed in a particular operational position at
a particular time to be effective.
(2) Geographic considerations, including limitations on the
ability to deploy systems within operational range of potential
targets.
(3) Command and control considerations, including short
timelines for detection, decision-making, and engagement.
(4) Concepts of operations.
(5) Whether there is a potential for an engaged threat
missile or warhead to land on an unintended target outside of
the launching nation.
(6) Effectiveness against countermeasures, and mission
effectiveness in destroying threat missiles and their warheads.
(7) Reliability, availability, and maintainability.
(8) Cost and cost-effectiveness.
(9) Force structure requirements.
(d) Report.--
(1) In general.--Upon the completion of the assessment
required by subsection (a), the National Academy of Sciences
shall submit to the Secretary of Defense and the congressional
defense committees a report on the results of the assessment.
The report shall include such recommendations regarding the
future direction of the boost-phase ballistic missile defense
programs of the United States as the Academy considers
appropriate.
(2) Form.--The report under paragraph (1) shall be
submitted to the congressional defense committees in
unclassified form, but may include a classified annex.
(e) Funding.--Of the amount authorized to be appropriated for
fiscal year 2009 by section 201(4) for research, development, test, and
evaluation for Defense-wide activities and available for the Missile
Defense Agency, $3,500,000 is available for the assessment required by
subsection (a).
SEC. 236. STUDY ON SPACE-BASED INTERCEPTOR ELEMENT OF BALLISTIC MISSILE
DEFENSE SYSTEM.
(a) In General.--Not later than 75 days after the date of the
enactment of this Act, the Secretary of Defense shall, after
consultation with the chair and ranking member of the Committee on
Armed Services of the Senate and of the Committee on Armed Services of
the House of Representatives, enter into a contract with one or more
independent entities under which the entity or entities shall conduct
an independent assessment of the feasibility and advisability of
developing a space-based interceptor element to the ballistic missile
defense system.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of the need for a space-based interceptor
element to the ballistic missile defense system, including an
assessment of--
(A) the extent to which there is a ballistic
missile threat that--
(i) such a space-based interceptor element
would address; and
(ii) other elements of the ballistic
missile defense system would not address;
(B) whether other elements of the ballistic missile
defense system could be modified to meet the threat
described in subparagraph (A) and the modifications
necessary for such elements to meet that threat; and
(C) any other alternatives to the development of
such a space-based interceptor element.
(2) An assessment of the components and capabilities and
the maturity of critical technologies necessary to make such a
space-based interceptor element operational.
(3) An estimate of the total cost for the life cycle of
such a space-based interceptor element, including the costs of
research, development, demonstration, procurement, deployment,
and launching of the element.
(4) An assessment of the effectiveness of such a space-
based interceptor element in intercepting ballistic missiles
and the survivability of the element in case of attack.
(5) An assessment of possible debris generated from the use
or testing of such a space-based interceptor element and any
effects of such use or testing on other space systems.
(6) An assessment of any treaty or policy implications of
the development or deployment of such a space-based interceptor
element.
(7) An assessment of any command, control, or battle
management considerations of using such a space-based
interceptor element, including estimated timelines for the
detection of ballistic missiles, decisionmaking with respect to
the use of the element, and interception of the missile by the
element.
(c) Report.--
(1) Submittal.--Upon completion of the independent
assessment required under subsection (a), the entity or
entities conducting the assessment shall submit
contemporaneously to the Secretary of Defense, the Committee on
Armed Services of the Senate, and the Committee on Armed
Services of the House of Representatives a report setting forth
the results of the assessment.
(2) Comments.--Not later than 60 days after the date on
which the Secretary of Defense receives the report required
under paragraph (1), the Secretary may submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives any comments on the
report or any recommendations of the Secretary resulting from
the report.
(3) Form.--The report required under paragraph (1) and any
comments and recommendations submitted under paragraph (2)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Funding.--Of the amount authorized to be appropriated for
fiscal year 2009 by section 201(4) for research, development, test, and
evaluation for Defense-wide activities and available for the Missile
Defense Agency, $5,000,000 shall be available to carry out the study
required under subsection (a).
Subtitle D--Other Matters
SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY TESTING BY
THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
(a) Authority To Designate Additional Systems as Major Systems and
Programs Subject to Testing.--Section 2366(e)(1) of title 10, United
States Code, is amended by striking ``or conventional weapon system''
and inserting ``conventional weapon system, or other system or program
designated by the Director of Operational Test and Evaluation for
purposes of this section''.
(b) Force Protection Equipment.--Section 139(b) of such title is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (7) as
paragraphs (3) through (6), respectively.
SEC. 252. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT DEVELOPMENT AND
EXPERIMENTATION.
(a) In General.--Section 485 of title 10, United States Code, is
amended to read as follows:
``Sec. 485. Joint and service concept development and experimentation
``(a) Biennial Reports Required.--Not later than January 1 of each
even numbered-year, the Commander of the United States Joint Forces
Command shall submit to the congressional defense committees a report
on the conduct and outcomes of joint and service concept development
and experimentation.
``(b) Matters To Be Included.--Each report under subsection (a)
shall include the following:
``(1) A description of any changes since the latest report
submitted under this section to each of the following:
``(A) The authority and responsibilities of the
Commander of the United States Joint Forces Command
with respect to joint concept development and
experimentation.
``(B) The organization of the Department of Defense
responsible for executing the mission of joint concept
development and experimentation.
``(C) The process for tasking forces (including
forces designated as joint experimentation forces) to
participate in joint concept development and
experimentation and the specific authority of the
Commander over those forces.
``(D) The resources provided for initial
implementation of joint concept development and
experimentation, the process for providing such
resources to the Commander, the categories of funding
for joint concept development and experimentation, and
the authority of the Commander for budget execution for
joint concept development and experimentation
activities.
``(E) The process for the development and
acquisition of materiel, supplies, services, and
equipment necessary for the conduct of joint concept
development and experimentation.
``(F) The process for designing, preparing, and
conducting joint concept development and
experimentation.
``(G) The assigned role of the Commander for--
``(i) integrating and testing in joint
concept development and experimentation the
systems that emerge from warfighting
experimentation by the armed forces and the
Defense Agencies;
``(ii) assessing the effectiveness of
organizational structures, operational
concepts, and technologies relating to joint
concept development and experimentation; and
``(iii) assisting the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff
in setting priorities for requirements or
acquisition programs in light of joint concept
development and experimentation.
``(2) A description of the conduct of joint concept
development and experimentation activities during the two-year
period ending on the date of such report, including--
``(A) the funding involved;
``(B) the number of activities engaged in;
``(C) the forces involved;
``(D) the national and homeland security challenges
addressed;
``(E) the operational concepts assessed;
``(F) the technologies assessed;
``(G) the scenarios and measures of effectiveness
utilized; and
``(H) specific interactions under such activities
with commanders of other combatant commands and with
other organizations and entities inside and outside the
Department.
``(3) A description of the conduct of concept development
and experimentation activities of the military departments
during the two-year period ending on the date of such report,
including--
``(A) the funding involved;
``(B) the number of activities engaged in;
``(C) the forces involved;
``(D) the national and homeland security challenges
addressed;
``(E) the operational concepts assessed;
``(F) the technologies assessed;
``(G) the scenarios and measures of effectiveness
utilized; and
``(H) specific interactions under such activities
with commanders of the combatant commands and with
other organizations and entities inside and outside the
Department.
``(4) A description of the conduct of joint concept
development and experimentation, and of concept development and
experimentation of the military departments, during the two-
year period ending on the date of such report with respect to
the development of warfighting concepts for operational
scenarios more than 10 years in the future, including--
``(A) the funding involved;
``(B) the number of activities engaged in;
``(C) the forces involved;
``(D) the challenges addressed;
``(E) the operational concepts assessed;
``(F) the technologies assessed;
``(G) the scenarios and measures of effectiveness
utilized; and
``(H) specific interactions with commanders of
other combatant commands and with other organizations
and entities inside and outside the Department.
``(5) A description of the mechanisms used to coordinate
joint, service, interagency, Coalition, and other appropriate
concept development and experimentation activities.
``(6) An assessment of the return on investment in concept
development and experimentation activities, including a
description of the following:
``(A) Specific outcomes and impacts within the
Department of the results of past joint and service
concept development and experimentation in terms of new
doctrine, operational concepts, organization, training,
materiel, leadership, personnel, or the allocation of
resources, or in activities that terminated support for
legacy concepts, programs, or systems.
``(B) Specific actions taken by the Secretary of
Defense to implement the recommendations of the
Commander based on concept development and
experimentation activities.
``(7) Such recommendations (based primarily based on the
results of joint and service concept development and
experimentation) as the Commander considers appropriate for
enhancing the development of joint warfighting capabilities by
modifying activities throughout the Department relating to--
``(A) the development or acquisition of specific
advanced technologies, systems, or weapons or systems
platforms;
``(B) key systems attributes and key performance
parameters for the development or acquisition of
advanced technologies and systems;
``(C) joint or service doctrine, organization,
training, materiel, leadership development, personnel,
or facilities;
``(D) the reduction or elimination of redundant
equipment and forces, including the synchronization of
the development and fielding of advanced technologies
among the armed forces to enable the development and
execution of joint operational concepts; and
``(E) the development or modification of initial
capabilities documents, operational requirements, and
relative priorities for acquisition programs to meet
joint requirements.
``(8) With respect to improving the effectiveness of joint
concept development and experimentation capabilities, such
recommendations (based primarily on the results of joint
warfighting experimentation) as the Commander considers
appropriate regarding--
``(A) the conduct of, adequacy of resources for, or
development of technologies to support such
capabilities; and
``(B) changes in authority for acquisition of
materiel, supplies, services, equipment, and support
from other elements of the Department of Defense for
concept development and experimentation by joint or
service organizations.
``(9) The coordination of the concept development and
experimentation activities of the Commander of the United
States Joint Forces Command with the activities of the
Commander of the North Atlantic Treaty Organization Supreme
Allied Command Transformation.
``(10) Any other matters that the Commander consider
appropriate.
``(c) Coordination and Support.--The Secretary of Defense shall
ensure that the Secretaries of the military departments and the heads
of other appropriate elements of the Department of Defense provide the
Commander of the United States Joint Forces Command such information
and support as is required to enable the Commander to prepare the
reports required by subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of such title is amended by striking the item relating to
section 485 and inserting the following new item:
``485. Joint and service concept development and experimentation.''.
SEC. 253. REPEAL OF ANNUAL REPORTING REQUIREMENT RELATING TO THE
TECHNOLOGY TRANSITION INITIATIVE.
Section 2359a of title 10, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
SEC. 254. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD TECHNOLOGY.
(a) Executive Agent.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
senior official of the Department of Defense to act as the Executive
Agent of the Department of Defense for printed circuit board
technology.
(b) Specification of Roles, Responsibilities, and Authorities.--The
roles, responsibilities, and authorities of the Executive Agent
designated under subsection (a) shall be as described in a directive
issued by the Secretary of Defense for purposes of this section not
later than one year after the date of the enactment of this Act.
(c) Particular Roles and Responsibilities.--The roles and
responsibilities described under subsection (b) for the Executive Agent
designated under subsection (a) shall include the following:
(1) To develop and maintain a printed circuit board and
interconnect technology roadmap that assures that the
Department of Defense has access to manufacturing capabilities
and expertise and technological capabilities necessary to meet
future military requirements.
(2) To develop and recommend to the Secretary of Defense
funding strategies that meet the recapitalization and
investment requirements of the Department for printed circuit
board and interconnect technology, which strategies shall be
consistent with the roadmap developed under paragraph (1).
(3) To assure that continuing expertise in printed circuit
board technical is available to the Department.
(4) To assess the vulnerabilities, trustworthiness, and
diversity of the printed circuit board supply chain, including
the development of trustworthiness requirements for printed
circuit boards used in defense systems, and to develop
strategies to address matters in that supply chain that are
identified as a result of such assessment.
(5) To support technical assessments and analyses,
especially with respect to acquisition decisions and planning,
relating to printed circuit boards
(6) Such other roles and responsibilities as the Secretary
considers appropriate.
(d) Resources and Authorities.--The Secretary of Defense shall
ensure that the Executive Agent designated under subsection (a) has the
appropriate resources and authorities to perform the roles and
responsibilities of the Executive Agent under this section.
(e) Support Within Department of Defense.--The Secretary of Defense
shall ensure that the Executive Agent designated under subsection (a)
has such support from the military departments, Defense Agencies, and
other components of the Department of Defense as is required for the
Executive Agent to perform the roles and responsibilities of the
Executive Agent under this section.
SEC. 255. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO FINDINGS AND
RECOMMENDATIONS OF THE DEFENSE SCIENCE BOARD TASK FORCE
ON DIRECTED ENERGY WEAPONS.
(a) Report Required.--Not later than January 1, 2010, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the implementation of the recommendations
of the Defense Science Board Task Force on Directed Energy Weapons.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An analysis of each of the findings and recommendations
of the Defense Science Board Task Force on Directed Energy
Weapons.
(2) A detailed description of the response of the
Department of Defense to each finding and recommendation of the
Task Force, including--
(A) for each recommendation that is being
implemented or that the Secretary plans to implement--
(i) a summary of actions that have been
taken to implement such recommendation; and
(ii) a schedule, with specific milestones,
for completing the implementation of such
recommendation; and
(B) for each recommendation that the Secretary does
not plan to implement--
(i) the reasons for the decision not to
implement such recommendation; and
(ii) a summary of the alternative actions,
if any, the Secretary plans to take to address
the purposes underlying such recommendation, if
any.
(3) A summary of any additional actions, if any, the
Secretary plans to take to address concerns raised by the Task
Force, if any.
SEC. 256. ASSESSMENT OF STANDARDS FOR MISSION CRITICAL SEMICONDUCTORS
PROCURED BY THE DEPARTMENT OF DEFENSE.
(a) Assessment of Methods for Verification of Trust of
Semiconductors Procured From Commercial Sources.--The Under Secretary
of Defense for Acquisition, Technology, and Logistics shall conduct an
assessment of various methods for verification of trust of the
semiconductors procured by the Department of Defense from commercial
sources for utilization in mission critical components of potentially
vulnerable defense systems.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) An identification of various existing methods for
verification of trust of semiconductors that are suitable for
Department of Defense purposes as described in subsection (a).
(2) An identification of various methods for verification
of trust of semiconductors that are currently under development
and have promise for suitability for Department of Defense
purposes as described in subsection (a), including methods
under development at the Defense Agencies, the national
laboratories, and institutions of higher education, and in the
private sector.
(3) A determination of the most suitable methods identified
under paragraphs (1) and (2) for Department of Defense purposes
as described in subsection (a).
(4) An assessment of additional research and technology
development efforts necessary to develop methods for
verification of trust of semiconductors to meet the needs of
the Department of Defense.
(5) Any other matters that the Under Secretary considers
appropriate for the verification of trust of semiconductors
from commercial sources for utilization in mission critical
components of any category or categories of vulnerable defense
systems.
(c) Consultation.--The Under Secretary shall conduct the assessment
required by subsection (a) in consultation with appropriate elements of
the Department of Defense, the intelligence community, private
industry, and academia.
(d) Effective Date.--The assessment required by subsection (a)
shall be completed not later than December 31, 2009.
(e) Update.--The Under Secretary shall from time to time update the
assessment required by subsection (a) to take into account advances in
technology.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces and other activities and agencies of
the Department of Defense, for expenses, not otherwise provided for,
for operation and maintenance, in amounts as follows:
(1) For the Army, $31,282,460,000.
(2) For the Navy, $34,811,598,000.
(3) For the Marine Corps, $5,607,354,000.
(4) For the Air Force, $35,244,587,000.
(5) For Defense-wide activities, $25,926,564,000.
(6) For the Army Reserve, $2,642,641,000.
(7) For the Navy Reserve, $1,311,085,000.
(8) For the Marine Corps Reserve, $213,131,000.
(9) For the Air Force Reserve, $3,142,892,000.
(10) For the Army National Guard, $5,909,846,000.
(11) For the Air National Guard, $5,883,926,000.
(12) For the United States Court of Appeals for the Armed
Forces, $13,254,000.
(13) For Environmental Restoration, Army, $447,776,000.
(14) For Environmental Restoration, Navy, $290,819,000.
(15) For Environmental Restoration, Air Force,
$496,277,000.
(16) For Environmental Restoration, Defense-wide,
$13,175,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $257,796,000.
(18) For Overseas Humanitarian, Disaster and Civic Aid
programs, $83,273,000.
(19) For Cooperative Threat Reduction programs,
$434,135,000.
(20) For Overseas Contingency Operations Transfer Fund,
$9,101,000.
Subtitle B--Environmental Provisions
SEC. 311. EXPANSION OF COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT
OF NATURAL RESOURCES TO INCLUDE OFF-INSTALLATION
MITIGATION.
Section 103a(a) of the Sikes Act (16 U.S.C. 670c-1(a)) is amended
by striking ``to provide for the maintenance and improvement'' and all
that follows through the period at the end and inserting the following:
``to provide for one or both of the following:
``(1) The maintenance and improvement of natural resources
on, or to benefit natural and historic research on, Department
of Defense installations.
``(2) The maintenance and improvement of natural resources
outside of Department of Defense installations if the purpose
of the cooperative agreement is to relieve or eliminate current
or anticipated challenges that could restrict, impede, or
otherwise interfere, whether directly or indirectly, with
current or anticipated military activities.''.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--
(1) Transfer amount.--Using funds described in subsection
(b), the Secretary of Defense may, notwithstanding section 2215
of title 10, United States Code, transfer not more than
$64,049.40 to the Moses Lake Wellfield Superfund Site 10-6J
Special Account.
(2) Purpose of reimbursement.--The payment under paragraph
(1) is to reimburse the Environmental Protection Agency for its
costs incurred in overseeing a remedial investigation/
feasibility study performed by the Department of the Army under
the Defense Environmental Restoration Program at the former
Larson Air Force Base, Moses Lake Superfund Site, Moses Lake,
Washington.
(3) Interagency agreement.--The reimbursement described in
paragraph (2) is provided for in the interagency agreement
entered into by the Department of the Army and the
Environmental Protection Agency for the Moses Lake Wellfield
Superfund Site in March 1999.
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301(17) for
operation and maintenance for Environmental Restoration, Formerly Used
Defense Sites.
(c) Use of Funds.--The Environmental Protection Agency shall use
the amount transferred under subsection (a) to pay costs incurred by
the Agency at the Moses Lake Wellfield Superfund Site.
SEC. 313. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE BROWN TREE
SNAKE POPULATION FROM MILITARY FACILITIES IN GUAM.
The Secretary of Defense shall establish a comprehensive program to
control and, to the extent practicable, eradicate the brown tree snake
population from military facilities in Guam and to ensure that military
activities, including the transport of civilian and military personnel
and equipment to and from Guam, do not contribute to the spread of
brown tree snakes.
Subtitle C--Workplace and Depot Issues
SEC. 321. AUTHORITY TO CONSIDER DEPOT-LEVEL MAINTENANCE AND REPAIR
USING CONTRACTOR FURNISHED EQUIPMENT OR LEASED FACILITIES
AS CORE LOGISTICS.
Section 2474 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Consideration of Depot Level Maintenance and Repair Using
Contractor Furnished Equipment or Leased Facilities as Core
Logistics.--Depot-level maintenance and repair work performed at a
Center of Industrial and Technical Excellence by Federal Government
employees using equipment furnished by contractors or by Federal
Government employees utilizing facilities leased by the Government may
be considered as workload necessary to maintain core logistics
capability for purposes of section 2464 of this title if the depot-
level maintenance and repair workload is the subject of a public-
private partnership entered into pursuant to subsection (b).''.
SEC. 322. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
(a) Additional Army Depots.--Subsection (e)(1) of section 2476 of
title 10, United States Code, is amended by adding at the end the
following new subparagraphs:
``(F) Watervliet Arsenal, New York.
``(G) Rock Island Arsenal, Illinois.
``(H) Pine Bluff Arsenal, Arkansas.''.
(b) Separate Consideration and Reporting of Navy Depots and Marine
Corps Depots.--Such section is further amended--
(1) in subsection (d)(2), by adding at the end the
following new subparagraph:
``(D) Separate consideration and reporting of Navy Depots
and Marine Corps depots.''; and
(2) in subsection (e)(2)--
(A) by redesignating subparagraphs (A) through (G)
as clauses (i) through (vii), respectively, and
indenting the margins of such clauses, as so
redesignated, 6 ems from the left margin;
(B) by inserting after ``Department of the Navy:''
the following:
``(A) The following Navy depots:'';
(C) by inserting after clause (vii), as
redesignated by subparagraph (A), the following:
``(B) The following Marine Corps depots:''; and
(D) by redesignating subparagraphs (H) and (I) as
clauses (i) and (ii), respectively, and indenting the
margins of such clauses, as so redesignated, 6 ems from
the left margin.
Subtitle D--Reports
SEC. 331. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF
INFORMATION REGARDING INFORMATION TECHNOLOGY CAPITAL
ASSETS.
Section 351 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C. 221
note) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``$30,000,000 and
an estimated total life cycle cost'' and inserting
``$30,000,000 or an estimated total life cycle cost'';
and
(B) by adding at the end the following new
paragraph:
``(3) Information technology capital assets not covered by
paragraphs (1) and (2) that have been determined by the Chief
Information Officer of the Department of Defense to be
significant investments.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Required Information for Significant Investments.--With
respect to each information technology capital asset not covered by
paragraph (1) or (2) of subsection (a), but covered by paragraph (3) of
that subsection, the Secretary of Defense shall include such
information in a format that is appropriate to the current status of
such asset.''.
Subtitle E--Other Matters
SEC. 341. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT OF DEFENSE
FACILITIES AND ACTIVITIES.
(a) Risk Assessment.--The Secretary of Defense shall conduct a
comprehensive technical and operational risk assessment of the risks
posed to mission critical installations, facilities, and activities of
the Department of Defense by extended power outages resulting from
failure of the commercial electricity grid and related infrastructure.
(b) Risk Mitigation Plans.--
(1) In general.--The Secretary of Defense shall develop
integrated prioritized plans to eliminate, reduce, or mitigate
significant risks identified in the risk assessment under
subsection (a).
(2) Mitigation goals.--In developing the risk mitigation
plans under paragraph (1), the Secretary of Defense shall
prioritize the mission critical installations, facilities, and
activities that are subject to the greatest and most urgent
risks.
(c) Annual Report.--
(1) In general.--The Secretary of Defense shall submit a
report on the efforts of the Department of Defense to mitigate
the risks described in subsection (a) as part of the budget
justification materials submitted to Congress in support of the
Department of Defense budget for fiscal year 2010 and each
fiscal year thereafter (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code).
(2) Content.--Each report submitted under paragraph (1)
shall describe the integrated prioritized plans developed under
subsection (b) and the progress made toward achieving the goals
established under such subsection.
SEC. 342. INCREASED AUTHORITY TO ACCEPT FINANCIAL AND OTHER INCENTIVES
RELATED TO ENERGY SAVINGS AND NEW AUTHORITY RELATED TO
ENERGY SYSTEMS.
(a) Energy Savings.--Section 2913(c) of title 10, United States
Code, is amended by inserting ``or a State or local government'' after
``gas or electric utility''.
(b) Energy Systems.--Section 2915 of such title is amended by
adding at the end the following new subsection:
``(f) Acceptance of Financial Incentives, Financial Assistance, and
Services.--The Secretary of Defense may authorize any military
installation to accept any financial incentive, financial assistance,
or services generally available from a gas or electric utility or State
or local government to use or construct an energy system using solar
energy or other renewable form of energy if the use or construction of
the system is consistent with the energy performance goals and energy
performance plan for the Department of Defense developed under section
2911 of this title.''.
SEC. 343. RECOVERY OF IMPROPERLY DISPOSED OF DEPARTMENT OF DEFENSE
PROPERTY.
(a) In General.--Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2790. Recovery of improperly disposed of Department of Defense
property
``(a) Prohibition.--No member of the armed forces, civilian
employee of the United States Government, contractor personnel, or
other person may sell, lend, pledge, barter, or give any clothing,
arms, articles, equipment, or other military or Department of Defense
property except in accordance with the statutes and regulations
governing Government property.
``(b) Transfer of Title or Interest Ineffective.--If property has
been disposed of in violation of subsection (a), the person holding the
property has no right or title to, or interest in, the property.
``(c) Authority for Seizure of Improperly Disposed of Property.--If
any person is in the possession of military or Department of Defense
property without right or title to, or interest in, the property
because it has been disposed of in violation of subsection (a), any
Federal, State, or local law enforcement official may seize the
property wherever found.
``(d) Inapplicability to Certain Property.--Subsections (b) and (c)
shall not apply to property on public display by public or private
collectors or museums in secured exhibits.
``(e) Determinations of Violations.--(1) The appropriate district
court of the United States shall have jurisdiction, regardless of the
current approximated or estimated value of the property, to determine
whether property was disposed of in violation of subsection (a). Any
such determination shall be by a preponderance of the evidence.
``(2) In the case of property, the possession of which could
undermine national security or create a hazard to public health or
safety, the determination under paragraph (1) may be made after the
seizure of the property. If the person from whom the property is seized
is found to have been lawfully in possession of the property and the
return of the property could undermine national security or create a
hazard to public health or safety, the Secretary of Defense shall
reimburse the person for the fair value for the property.
``(f) Delivery of Seized Property.--Any law enforcement official
who seizes property under subsection (c) and is not authorized to
retain it for the United States shall deliver the property to an
authorized member of the armed forces or other authorized official of
the Department of Defense or the Department of Justice.
``(g) Retroactive Enforcement Authorized.--This section shall apply
to any military or Department of Defense property that is disposed of
on or after January 1, 2002, in a manner that is not in accordance with
statutes and regulations governing Government property in effect at the
time of the disposal of the property.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 165 of such title is amended by inserting the following new
item:
``2790. Recovery of improperly disposed of Department of Defense
property.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2009, as follows:
(1) The Army, 532,400.
(2) The Navy, 325,300.
(3) The Marine Corps, 194,000.
(4) The Air Force, 316,771.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2009, as follows:
(1) The Army National Guard of the United States, 352,600.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,700.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,756.
(6) The Air Force Reserve, 67,400.
(7) The Coast Guard Reserve, 10,000.
(b) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2009, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 29,950.
(2) The Army Reserve, 16,170.
(3) The Navy Reserve, 11,099.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,360.
(6) The Air Force Reserve, 2,733.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2009 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States,
27,210.
(3) For the Air Force Reserve, 10,003.
(4) For the Air National Guard of the United States,
22,459.
SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2009, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United
States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2009, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2009, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2009, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. INCREASED END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE ARMY NATIONAL GUARD AND ARMY RESERVE AND
MILITARY TECHNICIANS (DUAL STATUS) OF THE ARMY NATIONAL
GUARD.
(a) Reserves on Active Duty in Support of Army National Guard and
Army Reserve.--Notwithstanding the limitations specified in section 412
and subject to the provisions of this section, the number of Reserves
authorized as of September 30, 2009, to be serving on full-time active
duty or full-time duty, in the case of members of the National Guard,
for purposes of organizing, administering, recruiting, instructing, or
training the reserve components shall be the number as follows:
(1) In the case of the Army National Guard of the United
States, the number authorized by section 412(1), plus an
additional 2,110 Reserves.
(2) In the case of the Army Reserve, the number authorized
by section 412(2), plus an additional 91 Reserves.
(b) Military Technicians (Dual Status) of Army National Guard.--
Notwithstanding the limitation specified in section 413(2) and subject
to the provisions of this section, the minimum number of military
technicians (dual status) as of September 30, 2009, for the Army
National Guard of the United States (notwithstanding section 129 of
title 10, United States Code) shall be the number otherwise specified
in section 413(2), plus such additional number, not to exceed 1,170,
military technicians (dual status) as the Secretary of the Army
considers appropriate.
(c) Assignment of Personnel Under Additional End Strengths.--Any
personnel on duty or service under the additional end strengths
authorized by subsection (a) or (b) may only be assigned to units of
company size or below.
(d) Funding.--The costs of any personnel under the additional end
strengths authorized by subsection (a) or (b) shall be paid from funds
authorized to be appropriated for fiscal year 2009 by titles XV and
XVI.
SEC. 417. MODIFICATION OF AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVE
OFFICERS ON ACTIVE DUTY IN THE GRADES OF MAJOR AND
LIEUTENANT COLONEL TO MEET NEW FORCE STRUCTURE
REQUIREMENTS.
(a) Authorized Strengths for Majors.--The table in section
12011(a)(1) of title 10, United States Code, is amended by striking the
numbers in the column relating to ``Major'' in the items relating to
the Marine Corps Reserve and inserting the following new numbers:
``99
``103
``107
``111
``114
``117
``120
``123
``126
``129
``132
``134
``136
``138
``140
``142''.
(b) Authorized Strengths for Lieutenant Colonels.--The table in
section 12011(a)(1) of such title is further amended by striking the
numbers in the column relating to ``Lieutenant Colonel'' in the items
relating to the Marine Corps Reserve and inserting the following new
numbers:
``63
``67
``70
``73
``76
``79
``82
``85
``88
``91
``94
``97
``100
``103
``106
``109''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008, and shall apply with respect to fiscal years
beginning on or after that date.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for fiscal year 2009 for the Department of Defense for
military personnel amounts as follows:
(1) For military personnel, $114,152,040,000.
(2) For contributions to the Medicare-Eligible Retiree
Health Fund, $10,350,593,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2009.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. MODIFICATION OF DISTRIBUTION REQUIREMENTS FOR COMMISSIONED
OFFICERS ON ACTIVE DUTY IN GENERAL AND FLAG OFFICER
GRADES.
(a) Increase in Number of Officers Serving in Grades Above Major
General and Rear Admiral.--Subsection (b) of section 525 of title 10,
United States Code, is amended by striking ``16.3 percent'' each place
it appears in paragraphs (1) and (2)(A) and inserting ``16.4 percent''.
(b) Exclusion of Certain Reserve Officers.--Such section is further
amended by adding at the end the following new subsection:
``(g) The limitations of this section do not apply to a reserve
general or flag officer who is on active duty under a call or order to
active duty specifying a period of active duty of not longer than three
years.''.
SEC. 502. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF
GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
(a) General Limitations.--Subsection (a) of section 526 of title
10, United States Code, is amended by striking paragraphs (1) through
(4) and inserting the following new paragraphs:
``(1) For the Army, 222.
``(2) For the Navy, 159.
``(3) For the Air Force, 206.
``(4) For the Marine Corps, 59.''.
(b) Limited Exclusion for Joint Duty Requirements.--Subsection (b)
of such section is amended to read as follows:
``(b) Limited Exclusion for Joint Duty Requirements.--(1) The
Secretary of Defense may designate up to 324 general officer and flag
officer positions that are joint duty assignments for the purposes of
chapter 38 of this title for exclusion from the limitations in
subsection (a). Officers in positions so designated shall not be
counted for the purposes of those limitations.
``(2) Unless the Secretary of Defense determines that a lower
number is in the best interests of the nation, the minimum number of
officers serving in positions designated under paragraph (1) for each
armed force shall be as follows:
``(A) For the Army, 85.
``(B) For the Navy, 61.
``(C) For the Air Force, 76.
``(D) For the Marine Corps, 21.''.
(c) Temporary Exclusion for Certain Temporary Billets.--Such
section is further amended by inserting after subsection (b), as
amended by subsection (b) of this section, the following new
subsection:
``(c) Temporary Exclusion for Assignment to Certain Temporary
Billets.--(1) The limitations in subsection (a) do not apply to a
general or flag officer assigned to a temporary joint duty assignment
billet designated by the Secretary of Defense for purposes of this
section.
``(2) A general or flag officer assigned to a temporary joint duty
assignment as described in paragraph (1) may not be excluded under this
subsection from the limitations in subsection (a) for a period longer
than one year.''.
(d) Conforming Repeal of Limitation on Number of General and Flag
Officers Who May Serve in Positions Outside Their Own Service.--
(1) Repeal.--Section 721 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 41 of such title is amended by striking
the item relating to section 721.
(e) Acquisition and Contracting Billets.--The Secretary of Defense,
the Secretaries of the military departments, the Chairman of the Joint
Chiefs of Staff, and the chiefs of staff of the Armed Forces shall take
appropriate actions to ensure that--
(1) not less than 12 percent of all general officers and
flag officers in the Armed Forces generally, and in each Armed
Force (as applicable), serve in an acquisition position; and
(2) not less than 10 percent of all general officers and
flag officers in the Armed Forces generally, and in each Armed
Force (as applicable), who serve in an acquisition position
have significant contracting experience.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on January 1, 2010.
SEC. 503. CLARIFICATION OF JOINT DUTY REQUIREMENTS FOR PROMOTION TO
GENERAL OR FLAG GRADES.
(a) In General.--Subsection (a) of section 619a of title 10, United
States Code, is amended by striking ``unless--'' and all that follows
and inserting ``unless the officer has been designated as a joint
qualified officer in accordance with section 661 of this title.''.
(b) Exceptions.--Subsection (b) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``paragraph (1) or paragraph (2) of subsection (a), or both
paragraphs (1) and (2) of subsection (a),'' and inserting
``subsection (a)''; and
(2) in paragraph (4), by striking ``if the officer's'' and
all that follows and inserting ``if--
``(A) the officer's total consecutive years in
joint duty assignments is not less than two years; and
``(B) the officer has successfully completed a
program of education meeting the requirements for Phase
II joint professional military education under
subsections (b) and (c) of section 2155 of this
title''.
(c) Repeal of Special Rule for Nuclear Propulsion Officers.--Such
section is further amended by striking subsection (h).
(d) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 619a. Eligibility for consideration for promotion: joint
qualified officer designation required for promotion to
general or flag grade; exceptions''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 36 of such title is
amended by striking the item relating to section 619a and
inserting the following new item:
``619a. Eligibility for consideration for promotion: joint qualified
officer designation required for promotion
to general or flag grade; exceptions.''.
SEC. 504. MODIFICATION OF AUTHORITIES ON LENGTH OF JOINT DUTY
ASSIGNMENTS.
(a) Service Excludable From Tour Length Requirements.--Subsection
(d) of section 664 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking subparagraph (D) and
inserting the following new subparagraph (D):
``(D) a qualifying reassignment from a joint duty
assignment--
``(i) for unusual personal reasons
(including extreme hardship and medical
conditions) beyond the control of the officer
or the armed forces; or
``(ii) to another joint duty assignment
immediately after--
``(I) the officer was promoted to a
higher grade, if the reassignment was
made because no joint duty assignment
was available within the same
organization that was commensurate with
the officer's new grade; or
``(II) the officer's position was
eliminated in a reorganization.''; and
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) Service in a joint duty assignment in a case in which
the officer's tour of duty in that assignment brings the
officer's accrued service for purposes of subsection (f)(3) to
the applicable standard prescribed in subsection (a).''.
(b) Exclusions of Service From Computing Average Tour Lengths.--
Subsection (e) of such section is amended by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) In computing the average length of joint duty assignments for
purposes of paragraph (1), the Secretary may exclude the following
service:
``(A) Service described in subsection (c).
``(B) Service described in subsection (d).
``(C) Service described in subsection (f)(6).''.
(c) Service Contributing Toward Full Tour of Duty.--Subsection (f)
of such section is amended--
(1) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) Accrued joint experience in joint duty assignments as
described in subsection (g).'';
(2) in paragraph (4), by striking ``(except that'' and all
that follows through ``at any time)''; and
(3) by striking paragraph (6) and inserting the following
new paragraph (6):
``(6) Any subsequent joint duty assignment that is less
than the period required under subsection (a), but not less
than two years.''.
(d) Accrual of Joint Experience.--Subsection (g) of such section is
amended to read as follows:
``(g) Accrued Joint Experience.--Accrued joint experience that may
be aggregated to equal a full tour of duty for purposes of subsection
(f)(3) shall include such temporary duty in joint assignments, joint
individual training, and participation in joint exercises, and for such
periods, as shall be prescribed in regulations by the Secretary of
Defense in consultation with the advice of the Chairman of the Joint
Chiefs of Staff.''.
(e) Constructive Credit.--Subsection (h) of such section is
amended--
(1) in paragraph (1)--
(A) by striking ``accord'' and inserting ``award'';
and
(B) by striking ``(f)(4), or (g)(2)'' and inserting
``or (f)(4)''; and
(2) by striking paragraph (3).
(f) Repeal of Joint Duty Credit for Certain Joint Task Force
Assignments.--Such section is further amended by striking subsection
(i).
SEC. 505. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO MODIFICATION
OF JOINT SPECIALTY REQUIREMENTS.
(a) Joint Duty Assignments After Completion of Joint Professional
Military Education.--Section 663 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in the heading, by striking ``Joint Specialty
Officers.--'' and inserting ``Joint Qualified
Officers.--''; and
(B) by striking ``officer with the joint
specialty'' and inserting ``designated as a joint
qualified officer''; and
(2) in subsection (b)(1), by striking ``do not have the
joint specialty'' and inserting ``are not designated as joint
qualified officers''.
(b) Procedures for Monitoring Careers of Joint Officers.--Section
665 of such title is amended--
(1) in subsection (a)(l)(A), by striking ``officers with
the joint specialty'' and inserting ``officers designated as
joint qualified officers''; and
(2) in subsection (b)(1), by striking ``officers with the
joint specialty'' and inserting ``officers designated as joint
qualified officers''.
(c) Annual Reports.--Section 667 of such title is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``selected for
the joint specialty'' and inserting ``designated as
joint qualified officers''; and
(B) in subparagraph (B), by striking ``selection
for the joint specialty but were not selected'' and
inserting ``designation as joint qualified officers but
were not designated'';
(2) in paragraph (2), by striking ``officers with the joint
specialty'' and inserting ``officers designated as joint
qualified officers'';
(3) in paragraph (3), by striking ``selected for the joint
specialty'' each place it appears and inserting ``designated as
joint qualified officers'';
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``selected for
the joint specialty'' and inserting ``designated as
joint qualified officers''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) a comparison of--
``(i) the number of officers designated as
joint qualified officers who had served in a
joint duty assignment list billet and completed
Phase II joint professional military education;
with
``(ii) the number of officers designated as
joint qualified officers based on their
aggregated joint experiences and completion of
Phase II joint professional military
education.'';
(5) by striking paragraph (16);
(6) by redesignating paragraphs (5) through (15) as
paragraphs (6) through (16), respectively;
(7) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The promotion rate for officers from within the
promotion zone who are designated as joint qualified officers
compared with the promotion rate for other officers considered
for promotion from within the promotion zone in the same pay
grade and the same competitive category, shown for all officers
of the armed force and for officers of the armed force
concerned designated as joint qualified officers.'';
(8) in paragraph (7), as redesignated by paragraph (6) of
this subsection--
(A) by striking ``officers with the joint
specialty'' and inserting ``officers designated as
joint qualified officers''; and
(B) by striking ``paragraph (5)'' and inserting
``paragraph (6)'';
(9) in paragraph (8), as so redesignated, by striking
``paragraph (5)'' and inserting ``paragraph (6)'';
(10) in paragraph (9), as so redesignated--
(A) by striking ``officers with the joint
specialty'' and inserting ``officers designated as
joint qualified officers''; and
(B) by striking ``paragraph (5)'' and inserting
``paragraph (6)'';
(11) in paragraph (10), as so redesignated--
(A) by striking ``officers with the joint
specialty'' and inserting ``officers designated as
joint qualified officers''; and
(B) by striking ``paragraph (5)'' and inserting
``paragraph (6)'';
(12) in paragraph (11), as so redesignated, by striking
``selection for the joint specialty'' and inserting
``designation as joint qualified officers'';
(13) in paragraph (14), as so redesignated--
(A) by striking ``paragraphs (5) through (9)'' and
inserting ``paragraphs (6) through (10)''; and
(B) by striking ``having the joint specialty'' and
inserting ``designated as joint qualified officers'';
(14) by redesignating paragraph (18) as paragraph (19); and
(15) by inserting after paragraph (17) the following new
paragraph (18):
``(18) The number of officers in the grade of captain or
above, or in the case of the Navy, lieutenant or above,
certified at each level of joint qualification, with such
numbers to be set forth separated for each armed force and for
each covered grade of officer within each armed force.''.
SEC. 506. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS OF INQUIRY
FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD
PERFORMANCE AND OTHER REASONS.
(a) Eligibility.--Section 1187 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(2) in subsection (b), by striking ``on active duty'' in
the matter preceding paragraph (1).
(b) Conforming Amendment.--The heading of subsection (a) of such
section is amended by striking ``Active Duty Officers'' and inserting
``In General''.
SEC. 507. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE TO THE
COMMANDANT OF THE MARINE CORPS.
(a) Grade of Staff Judge Advocate to the Commandant of the Marine
Corps.--Section 5046(a) of title 10, United States Code, is amended by
striking the last sentence and inserting the following new sentence:
``The Staff Judge Advocate to the Commandant of the Marine Corps, while
so serving, has the grade of major general.''.
(b) Exclusion From General Officer Distribution Limitations.--
Section 525(a) of such title is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) An officer while serving in the position of Staff Judge
Advocate to the Commandant of the Marine Corps under section 5046 of
this title is in addition to the number that would otherwise be
permitted for the Marine Corps for officers in grades above the
brigadier general under the first sentence of paragraph (1).''.
SEC. 508. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED
STATES AIR FORCE ACADEMY.
Section 9331(b)(4) of title 10, United States Code, is amended by
striking ``21 permanent professors'' and inserting ``25 permanent
professors''.
SEC. 509. SERVICE CREDITABLE TOWARD RETIREMENT FOR THIRTY YEARS OR MORE
OF SERVICE OF REGULAR WARRANT OFFICERS OTHER THAN REGULAR
ARMY WARRANT OFFICERS.
Section 1305 of title 10, United States Code, is amended--
(1) in subsection (a), ``A regular warrant officer'' and
inserting ``A regular Army warrant officer'';
(2) by redesignating subsections (b) and (c) as subsections
(c), and (d), respectively;
(3) by inserting after subsection (a) the following new
subsection (b);
``(b) A regular warrant officer (other than a regular Army warrant
officer) who has at least 30 years of active service that could be
credited to him under section 511 of the Career Compensation Act of
1949, as amended, may be retired 60 days after the date on which he
completes that service, except as provided by section 8301 of title
5.''; and
(4) in subsections (c) and (d), as redesignated by
paragraph (2), by inserting ``or (b)'' after ``subsection
(a)''.
SEC. 510. MODIFICATION OF REQUIREMENTS FOR QUALIFICATION FOR ISSUANCE
OF POSTHUMOUS COMMISSIONS AND WARRANTS.
(a) Posthumous Commissions.--Section 1521 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``in line of duty'' each
place it appears; and
(2) by adding at the end the following new subsection:
``(c) A commission issued under subsection (a) shall require a
certification by the Secretary of the military department concerned
that at the time of death the member was qualified for appointment to
the next higher grade.''.
(b) Posthumous Warrants.--Section 1522 of such title is amended--
(1) in subsection (a), by striking ``in line of duty''; and
(2) by adding at the end the following new subsection:
``(c) A warrant issued under subsection (a) shall require a finding
by the Secretary of the military department concerned that at the time
of death the member was qualified for appointment to the next higher
grade.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to deaths of members of the Armed Forces occurring on or after
that date.
Subtitle B--Enlisted Personnel Policy
SEC. 521. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR MEMBERS
OF THE ARMED FORCES.
(a) Increase in Maximum Period.--Section 505(d) of title 10, United
States Code, is amended--
(1) in paragraph (2), by striking ``six years'' and
inserting ``eight years''; and
(2) in paragraph (3)(A), by striking ``six years'' and
inserting ``eight years''.
(b) Conforming Amendment Relating to Payment of Reenlistment
Bonus.--Section 308(a)(2)(A)(ii) of title 37, United States Code, is
amended by striking ``six'' and inserting ``eight''.
Subtitle C--Reserve Component Management
SEC. 531. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF
RESERVE GENERAL AND FLAG OFFICERS IN ACTIVE STATUS.
(a) Exclusion of army and Air Force Officers Serving in Joint Duty
Assignments.--Subsection (b) of section 12004 of title 10, United
States Code, is amended by adding at the end the following new
paragraph;
``(4) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of officers
who may be excluded under this paragraph may not exceed the
number equal to 20 percent of the number of officers authorized
for the armed force concerned by subsection (a).''.
(b) Exclusion of Navy Officers Serving in Joint Duty Assignments.--
Subsection (c) of such section is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by striking the matter in paragraph (1) before the
matter relating to line corps and inserting the following:
``(1) The following Navy reserve officers shall not be counted for
purposes of this section:
``(A) Those counted under section 526 of this title.
``(B) Those serving in a joint duty assignment for purposes
of chapter 38 of this title, except that the number of officers
who may be excluded under this paragraph may not exceed the
number equal to 20 percent of the number of officers authorized
for the Navy in subsection (a).
``(2) Of the number of Navy reserve officers authorized by
subsection (a), 40 are distributed among the line and staff corps as
follows:''.
SEC. 532. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY AUTHORITY FOR
DEFERRAL OF MANDATORY SEPARATION OF MILITARY TECHNICIANS
(DUAL STATUS) UNTIL AGE 60.
Section 10216(f) of title 10, United States Code, is amended by
inserting ``and the Secretary of the Air Force'' after ``Secretary of
the Army''.
SEC. 533. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE
OFFICERS TO AGE 62.
(a) Selective Service and United States Property and Fiscal
Officers.--Section 12647 of title 10, United States Code, is amended by
striking ``60 years'' and inserting ``62 years''.
(b) Headquarters and Reserve Technician Officer Personnel.--
(1) In general.--Subsection (b) of section 14702 of such
title is amended--
(A) in the subsection caption, by striking ``Age
60'' and inserting ``Age 62''; and
(B) by striking ``60 years'' and inserting ``62
years''.
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 14702. Retention on reserve active-status list of certain
officers until age 62''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 1409 of such title is amended by striking
the item relating to section 14702 and inserting the following
new item:
``14702. Retention on reserve active-status list of certain officers
until age 62.''.
SEC. 534. AUTHORITY FOR VACANCY PROMOTION OF NATIONAL GUARD AND RESERVE
OFFICERS ORDERED TO ACTIVE DUTY IN SUPPORT OF A
CONTINGENCY OPERATION.
Section 14317 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by inserting ``(1)'' before ``Except as
provided in subsection (e)''; and
(B) by striking ``unless'' in the first sentence
and all that follows through the end of the subsection
and inserting ``unless the officer--
``(A) is ordered to active duty as a member of the unit in
which the vacancy exists when that unit is ordered to active
duty; or
``(B) has been ordered to or is serving on active duty in
support of a contingency operation.
``(2) If the name of an officer is removed under paragraph (1) from
a list of officers recommended for promotion, the officer shall be
treated as if the officer had not been considered for promotion or
examined for Federal recognition.''; and
(2) in subsection (e)(1)(B), by inserting ``or by
examination for Federal recognition under title 32'' after
``this title''.
SEC. 535. AUTHORITY FOR RETENTION OF RESERVE COMPONENT CHAPLAINS AND
MEDICAL OFFICERS UNTIL AGE 68.
(a) Reserve Chaplains and Medical Officers.--Section 14703(b) of
title 10, United States Code, is amended by striking ``67 years'' and
inserting ``68 years''.
(b) National Guard Chaplains and Medical Officers.--Section 324(a)
of title 32, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) in the case of a chaplain or medical officer, he
becomes 68 years of age; or''.
SEC. 536. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF NATIONAL
GUARD OFFICERS.
(a) Dual Duty Status Authorized for Any Officer on Active Duty.--
Subsection (a)(2) of section 325 of title 32, United States Code, is
amended by striking ``in command of a National Guard unit''.
(b) Advance Authorization and Consent to Dual Duty Status.--Such
section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Advance Authorization and Consent.--The President and the
Governor of a State or Territory, or of the Commonwealth of Puerto
Rico, or the commanding general of the District of Columbia National
Guard, as applicable, may give the authorization or consent required by
subsection (a)(2) with respect to an officer in advance for the purpose
of establishing the succession of command of a unit.''.
SEC. 537. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER NATIONAL
GUARD YOUTH CHALLENGE PROGRAM.
(a) In General.--Subsection (d) of section 509 of title 32, United
States Code, is amended to read as follows:
``(d) Matching Funds Required.--(1) The amount of assistance
provided by the Secretary of Defense to a State program of the Program
for a fiscal year under this section may not exceed 60 percent of the
costs of operating the State program during that fiscal year.
``(2) The limitation in paragraph (1) may not be construed as a
limitation on the amount of assistance that may be provided to a State
program of the Program for a fiscal year from sources other than the
Department of Defense.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2008, and shall apply with respect to fiscal
years beginning on or after that date.
SEC. 538. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN SKILLS OF
MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.
Not later than March 1, 2009, the Secretary of Defense shall submit
to the congressional defense committees a report on the feasibility and
advisability, utility, and cost effectiveness of the following:
(1) The collection by the Department of Defense of
information on the civilian skills, qualifications, and
professional certifications of members of the reserve
components of the Armed Forces that are relevant to military
manpower requirements.
(2) The establishment by each military department, and by
the Department of Defense generally, of a system that would
match billets and personnel requirements with members of the
reserve components of the Armed Forces who have skills,
qualifications, and certifications relevant to such billets and
requirements.
(3) The establishment by the Department of Defense of one
or more systems accessible by private employers who employ
individuals with skills, qualifications, and certifications
possessed by members of the reserve components of the Armed
Forces to assist such employers in hiring and employing such
members.
(4) Actions to ensure that employment information collected
for and maintained in the Civilian Employment Information
database of the Department of Defense is current and accurate.
(5) Actions to incorporate any matter determined feasible
and advisable under paragraphs (1) through (4) into the Defense
Integrated Military Human Resources System.
Subtitle D--Education and Training
SEC. 551. AUTHORITY TO PRESCRIBE THE AUTHORIZED STRENGTH OF THE UNITED
STATES NAVAL ACADEMY.
(a) In General.--Section 6954 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``4,000 or such higher number'' and
inserting ``4,400 or such lower number''; and
(B) by striking ``under subsection (h)''; and
(2) by striking subsection (h).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to academic years at the United States Naval Academy
after the 2007-2008 academic year.
SEC. 552. TUITION FOR ATTENDANCE OF CERTAIN INDIVIDUALS AT THE UNITED
STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
Section 9314(c) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(4)(A) The Institute shall charge tuition for the cost of
instruction at the Institute for individuals described in subparagraph
(B).
``(B) The individuals described in this subparagraph are any
individuals, including civilian employees of the military departments
other than the Air Force, of other components of the Department of
Defense, and of other Federal agencies, receiving instruction at the
Institute.
``(C) The cost of any tuition charged an individual under this
paragraph shall be borne by the department, agency, or component
sending the individual for instruction at the Institute.
``(5) Amounts received by the Institute for the instruction of
students under this subsection shall be retained by the Institute and
available to the Institute to cover the costs of such instruction. The
source and disposition of such amounts shall be specifically identified
in the records of the Institute.''.
SEC. 553. INCREASE IN STIPEND FOR BACCALAUREATE STUDENTS IN NURSING OR
OTHER HEALTH PROFESSIONS UNDER HEALTH PROFESSIONS STIPEND
PROGRAM.
Section 16201 of title 10, United States Code, is amended--
(1) in subsection (e)(2)(A), by striking ``of $100 per
month'' and inserting ``, in an amount determined under
subsection (f),''; and
(2) in subsection (f), by striking ``subsection (b) or
(c)'' and inserting ``subsection (b), (c), or (e)''.
SEC. 554. CLARIFICATION OF DISCHARGE OR RELEASE TRIGGERING DELIMITING
PERIOD FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT FOR
RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY
OPERATIONS AND OTHER OPERATIONS.
Section 16164(a)(2) of title 10, United States Code, is amended by
striking ``other than dishonorable conditions'' and inserting
``honorable conditions''.
SEC. 555. PAYMENT BY THE SERVICE ACADEMIES OF CERTAIN EXPENSES
ASSOCIATED WITH PARTICIPATION IN ACTIVITIES FOSTERING
INTERNATIONAL COOPERATION.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by adding the following new section:
``Sec. 2016. Service academies: payment of expenses of foreign visitors
for international cooperation; expenses of cadets and
midshipmen in certain travel or study abroad
``(a) Payment of Expenses of Certain Foreign Visitors.--The
Superintendent of the United States Military Academy, the United States
Naval Academy, or the United States Air Force Academy may, if such
Superintendent considers it necessary in the interests of international
cooperation, pay the following:
``(1) Travel, subsistence, and special compensation of
officers, students, and representatives of foreign countries
visiting the service academy concerned.
``(2) Other hosting and entertainment expenses in
connection with foreign visitors to the service academy
concerned.
``(b) Per Diem for Cadets and Midshipmen Traveling or Studying
Abroad.--A cadet at the United States Military Academy or the United
States Air Force Academy, and a midshipman at the United States Naval
Academy, who travels or studies abroad in a program to enhance language
skills or cultural understanding may be paid per diem in connection
with such travel or study at a rate lower than the rate authorized by
the Joint Federal Travel Regulations if the Superintendent of the
service academy concerned determines that payment of per diem at such
lower rate is in the best interest of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by adding at the end the following
new item:
``2016. Service academies: payment of costs of foreign visitors for
international cooperation; expenses of
cadets and midshipmen in certain travel or
study abroad.''.
Subtitle E--Defense Dependents' Education Matters
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2009 pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $30,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for fiscal year 2009 pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$10,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (b) of such
section 572.
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2009
pursuant to section 301(5) for operation and maintenance for Defense-
wide activities, $5,000,000 shall be available for payments under
section 363 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 563. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL
EDUCATIONAL AGENCIES.
Subsection (d) of section 574 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2227; 20 U.S.C. 7703b note) is amended to read as follows:
``(d) Transition of Military Dependents Among Local Educational
Agencies.--(1) The Secretary of Defense shall work collaboratively with
the Secretary of Education in any efforts to ease the transitions of
military dependent students from Department of Defense dependent
schools to other schools and among schools of local educational
agencies.
``(2) The Secretary of Defense may use funds of the Department of
Defense Education Activity for purposes as follows:
``(A) To share expertise and experience of the Activity
with local educational agencies as military dependent students
make the transitions described in paragraph (1), including
transitions resulting from the closure or realignment of
military installations under a base closure law, global
rebasing, and force restructuring.
``(B) To provide programs for local educational agencies
with military dependent students undergoing the transitions
described in paragraph (1), including programs for training for
teachers and access to distance learning courses for military
dependent students who attend public schools in the United
States.''.
Subtitle F--Military Family Readiness
SEC. 571. AUTHORITY FOR EDUCATION AND TRAINING FOR MILITARY SPOUSES
PURSUING PORTABLE CAREERS.
Section 1784 of title 10, United States Code, is amended by
inserting at the end the following new subsection:
``(h) Education and Training for Military Spouses Pursuing Portable
Careers.--(1) The Secretary of Defense may carry out programs to
provide or make available to eligible spouses of members of the armed
forces education and training to facilitate the pursuit by such
eligible spouses of a portable career.
``(2) In carrying out programs under this subsection, the Secretary
may provide assistance utilizing funds available to carry out this
section in accordance with such regulations as the Secretary shall
prescribe for purposes of this subsection.
``(3) In this subsection:
``(A)(i) The term `eligible spouse' means any person
married to a member of the armed forces on active duty.
``(ii) The term does not include the following:
``(I) Any person who is married to, but legally
separated from, a member of the armed forces under
court order or statute of any State or possession of
the United States.
``(II) Any person who is a member of the armed
forces.
``(B) The term `portable career' includes an occupation
identified by the Secretary of Defense, in consultation with
the Secretary of Labor, as requiring education and training
that results in a credential that is recognized nationwide by
industry or specific businesses.''.
Subtitle G--Other Matters
SEC. 581. DEPARTMENT OF DEFENSE POLICY ON THE PREVENTION OF SUICIDES BY
MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--Not later than August 1, 2009, the Secretary
of Defense shall develop a comprehensive policy designed to prevent
suicide by members of the Armed Forces.
(b) Purposes.--The purposes of the policy required by this section
shall be as follows:
(1) To ensure that investigations, analyses, and
appropriate data collection can be conducted, across the
military departments, on the causes and factors surrounding
suicides by members of the Armed Forces.
(2) To develop effective strategies and policies for the
education of members of the Armed Forces to assist in
preventing suicides and suicide attempts by members of the
Armed Forces.
(c) Elements.--The policy required by this section shall include,
but not be limited to, the following:
(1) Requirements for investigations and data collection in
connection with suicides by members of the Armed Forces.
(2) A requirement for the appointment by the appropriate
military authority of a separate investigating officer to
conduct an administrative investigation into each suicide by a
member of the Armed Forces in accordance with the requirements
specified under paragraph (1).
(3) Requirements for minimum information to be determined
under each investigation pursuant to paragraph (2), including,
but not limited to, the following:
(A) Any mental illness or other mental health
condition, including Post Traumatic Stress Disorder
(PTSD), of the member of the Armed Forces concerned at
the time of the completion of suicide.
(B) Any other illness or injury of the member at
the time of the completion of suicide.
(C) Any receipt of health care services, including
mental health care services, by the member before the
completion of suicide.
(D) Any utilization of prescription drugs by the
member before the completion of suicide.
(E) The number, frequency, and dates of deployment
of the member.
(F) The military duty assignment of the member at
the time of the completion of suicide.
(G) Any observations by family members, health care
providers, medical care managers, and other members of
the Armed Forces of any symptoms of depression,
anxiety, alcohol or drug abuse, or other relevant
behavior in the member before the completion of
suicide.
(H) The results of a psychological autopsy of the
member, if conducted.
(4) A requirement for a report from each administrative
investigation conducted pursuant to paragraph (2) which shall
set forth the findings and recommendations resulting from such
investigation.
(5) Procedures for the protection of the confidentiality of
information contained in each report on an investigation
pursuant to paragraph (4).
(6) A requirement that the Deputy Chief of Staff for
Personnel of the military department concerned receive and
analyze each report on an investigation pursuant to paragraph
(4).
(7) The appointment by the Secretary of Defense of an
appropriate official or executive agent within the Department
of Defense to receive and analyze each report on an
investigation pursuant to paragraph (4) in order to--
(A) identify trends or common causal factors in
suicides by members of the Armed Forces; and
(B) advise the Secretary on means by which the
suicide education and prevention strategies and
programs of the military departments can respond
appropriately and effectively to such trends and causal
factors.
(8) A requirement for an annual report to the Secretary of
Defense by each Secretary of a military department on the
following:
(A) The results of investigations into suicide by
members of the Armed Forces pursuant to paragraph (2)
for each calendar year beginning with 2010.
(B) Actions taken to improve the suicide education
and prevention strategies and programs of the military
departments.
(d) Construction of Investigation With Other Investigation
Requirements.--The investigation of the suicide by a member of the
Armed Forces under the policy required by this section shall be in
addition to any other investigation of the suicide required by law,
including any investigation for criminal purposes.
(e) Report.--Not later than August 1, 2009, the Secretary of the
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on the policy required by this section. The report shall
include--
(1) a description of the policy; and
(2) a plan for the implementation of the policy throughout
the Department of Defense.
SEC. 582. RELIEF FOR LOSSES INCURRED AS A RESULT OF CERTAIN INJUSTICES
OR ERRORS OF THE DEPARTMENT OF DEFENSE.
(a) Relief Authorized.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 127c, as added by section 1201 of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2410), the following new section:
``Sec. 127e. Relief for losses incurred as a result of certain
injustices or errors of the Department of Defense
``(a) Relief Authorized.--Under regulations prescribed by the
Secretary of Defense, the Secretary of Defense or the Secretary of the
military department concerned may, upon a determination that a member
or former member of the armed forces has suffered imprisonment as a
result of an injustice or error of the Department of Defense or any of
its employees acting in an official capacity following conviction by a
court-martial, provide such relief on account of such error as such
Secretary determines equitable and fair, including the payment of
moneys to any person whom such Secretary determines is entitled to such
moneys.
``(b) Payment as a Matter of Sole Discretion.--The payment of any
moneys under this section is within the sole discretion of the
Secretary of Defense and the Secretaries of the military departments.
``(c) Payment of Interest.--The authority to pay moneys under this
section includes the authority to pay interest on such moneys in
amounts calculated in accordance with the regulations required under
subsection (a).
``(d) Funds.--Amounts for the payment of moneys and interest under
this section shall be derived from amounts available to the Secretary
of Defense or the Secretary of the military department concerned for
the payment of emergency and extraordinary expenses under section 127
of this title.
``(e) Annual Reports.--Each annual report of the Secretary of
Defense under section 127(d) of this title shall include a description
of the disposition of each request for relief under this section during
the fiscal year covered by such report, including a statement of the
amount paid with respect to each finding of injustice or error
warranting payment under this section during such fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by inserting after the item relating
to section 127c, as so added, the following new item:
``127e. Relief for losses incurred as a result of certain injustices or
errors of the Department of Defense.''.
SEC. 583. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Leave Authorized.--Section 701 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(j)(1) Under regulations prescribed by the Secretary of Defense,
a member of the armed forces on active duty who is the husband of a
woman who gives birth to a child may be given up to 21 days of leave to
be used in connection with the birth of the child.
``(2) Leave under paragraph (1) is in addition to other leave
authorized under the provisions of this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
only with respect to children born on or after that date.
SEC. 584. ENHANCEMENT OF AUTHORITIES ON PARTICIPATION OF MEMBERS OF THE
ARMED FORCES IN INTERNATIONAL SPORTS COMPETITIONS.
(a) In General.--Section 717 of title 10, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``and the Olympic
Games'' and inserting ``the Olympic Games, and the Military
World Games'';
(2) in subsection (b), by striking ``subsections (c) and
(d)'' and inserting ``subsections (c) and (e)'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``$3,000,000'' and
inserting ``$6,000,000''; and
(ii) by striking ``October 1, 1980'' and
inserting ``October 1, 2008''; and
(B) in paragraph (2)--
(i) by striking ``$100,00'' and inserting
``$200,000''; and
(ii) by striking ``October 1, 1980'' and
inserting ``October 1, 2008'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) The Secretary of Defense may plan for the following:
``(A) The participation by military personnel in
international sports activities and competitions as authorized
by subsection (a).
``(B) The hosting of military international sports
activities, competitions, and events such as the Military World
Games.
``(2) Planning and other activities associated with hosting of
international sports activities, competitions, and events under this
subsection shall, to the maximum extent possible, be funded using
appropriations available to the Department of Defense .''.
(b) Report on Planning for International Sports Activities,
Competitions, and Events.--
(1) Report required.--Not later than October 1, 2009, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth a comprehensive plan for the following:
(A) The participation by personnel of the
Department of Defense in international sports
activities, competitions, and events (including the Pan
American Games, the Olympic Games, the Paralympic
Games, the Military World Games, other activities of
the International Military Sports Council (CISM), and
the Interallied Confederation of Reserve Officers
(CIOR)) through fiscal year 2015.
(B) The hosting by the Department of Defense of
military international sports activities, competitions,
and events through fiscal year 2015.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A discussion of the military international
sports activities, competitions, and events that the
Department of Defense intends to seek to host, an
estimate of the costs of hosting such activities,
competitions, and events that the Department intends to
seek to host, and a description of the sources of
funding for such costs.
(B) A discussion of the use and replenishment of
funds in the account in the Treasury for the Support
for International Sporting Competitions for the hosting
of such activities, competitions, and events that the
Department intends to seek to host.
(C) A discussion of the support that may be
obtained from other departments and agencies of the
Federal Government, State and local governments, and
private entities in encouraging participation of
members of the Armed Forces in international sports
activities, competitions, and events or in hosting of
military international sports activities, competitions,
and events.
(D) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate to implement or enhance planning for the
matters described in paragraph (1).
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2008.
SEC. 585. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE RETENTION OF
MEMBERS OF THE ARMED FORCES.
(a) Pilot Programs Authorized.--
(1) In general.--Each Secretary of a military department
may carry out a pilot program under which officers and enlisted
members of the regular components of the Armed Forces under the
jurisdiction of such Secretary may be inactivated from active
duty in order to meet personal or professional needs and
returned to active duty at the end of such period of
inactivation from active duty.
(2) Purpose.--The purpose of the pilot programs under this
section shall be to evaluate whether permitting inactivation
from active duty and greater flexibility in career paths for
members of the Armed Forces will provide an effective means to
enhance retention of members of the Armed Forces and the
capacity of the Department of Defense to respond to the
personal and professional needs of individual members of the
Armed Forces.
(b) Limitation on Eligible Members.--A member of the Armed Forces
is not eligible to participate in a pilot program under this section
during any period of service required of the member due to receipt of
the following:
(1) An accession bonus for medical officers in critically
short wartime specialties under section 302k of title 37,
United States Code.
(2) An accession bonus for dental specialists in critically
short wartime specialties under section 302l of title 37,
United States Code.
(3) A retention bonus for members qualified in critical
military skills or assigned to high priority units under
section 355 of title 37, United States Code.
(c) Limitation on Number of Members.--Not more than 20 officers and
20 enlisted members of an Armed Force may participate in a pilot
program under this section at any one time.
(d) Limitation on Period of Inactivation From Active Duty.--The
period of inactivation from active duty under the pilot program under
this section of a member participating in the pilot program shall be
such period as the Secretary concerned shall specify in the agreement
of the member under subsection (e), except that such period may not
exceed three years.
(e) Agreement.--Each member of the Armed Forces who participates in
a pilot program under this section shall enter into a written agreement
with the Secretary of the military department concerned under which
agreement that member shall agree as follows:
(1) To accept an appointment or enlist, as applicable, and
serve in the Ready Reserve of the Armed Force concerned during
the period of the member's inactivation from active duty under
the pilot program.
(2) To undergo during the period of the inactivation of the
member from active duty under the pilot program such inactive
duty training as the Secretary concerned shall require in order
to ensure that the member retains appropriate proficiency in
the member's military skills, professional qualifications, and
physical readiness during the inactivation of the member from
active duty.
(3) Following completion of the period of the inactivation
of the member from active duty under the pilot program, to
serve two months as a member of the Armed Forces on active duty
for each month of the period of the inactivation of the member
from active duty under the pilot program.
(f) Order to Active Duty.--Under regulations prescribed by the
Secretary of the military department concerned, a member of the Armed
Forces participating in a pilot program under this section may, in the
discretion of such Secretary, be required to terminate participation in
the pilot program and be ordered to active duty.
(g) Pay and Allowances.--
(1) Basic pay.--During each month of participation in a
pilot program under this section, a member who participates in
the pilot program shall be paid basic pay in an amount equal to
two-thirtieths of the amount of monthly basic pay to which the
member would otherwise be entitled under section 204 of title
37, United States Code, as a member of the uniformed services
on active duty in the grade and years of service of the member
when the member commences participation in the pilot program.
(2) Special and incentive pays.--
(A) Prohibition on receipt during participation.--A
member who participates in a pilot program shall not,
while participating in the pilot program, be paid any
special or incentive pay or bonus to which the member
is otherwise entitled under an agreement under chapter
5 of title 37, United States Code, that is in force
when the member commences participation in the pilot
program.
(B) Treatment of required service.--The
inactivation from active duty of a member participating
in a pilot program shall not be treated as a failure of
the member to perform any period of service required of
the member in connection with an agreement for a
special or incentive pay or bonus under chapter 5 of
title 37, United States Code, that is in force when the
member commences participation in the pilot program.
(C) Revival of special pays upon return to active
duty.--Subject to subparagraph (D), upon the return of
a member to active duty after completion by the member
of participation in a pilot program--
(i) any agreement entered into by the
member under chapter 5 of title 37, United
States Code, for the payment of a special or
incentive pay or bonus that was in force when
the member commenced participation in the pilot
program shall be revived, with the term of such
agreement after revival being the period of the
agreement remaining to run when the member
commenced participation in the pilot program;
and
(ii) any special or incentive pay or bonus
shall be payable to the member in accordance
with the terms of the agreement concerned for
the term specified in clause (i).
(D) Limitations.--
(i) Limitation at time of return to active
duty.--Subparagraph (C) shall not apply to any
special or incentive pay or bonus otherwise
covered by that subparagraph with respect to a
member if, at the time of the return of the
member to active duty as described in that
subparagraph--
(I) such pay or bonus is no longer
authorized by law; or
(II) the member does not satisfy
eligibility criteria for such pay or
bonus as in effect at the time of the
return of the member to active duty.
(ii) Cessation during later service.--
Subparagraph (C) shall cease to apply to any
special or incentive pay or bonus otherwise
covered by that subparagraph with respect to a
member if, during the term of the revived
agreement of the member under subparagraph
(C)(i), such pay or bonus ceases being
authorized by law.
(E) Repayment.--A member who is ineligible for
payment of a special or incentive pay or bonus
otherwise covered by this paragraph by reason of
subparagraph (D)(i)(II) shall be subject to the
requirements for repayment of such pay or bonus in
accordance with the terms of the applicable agreement
of the member under chapter 5 of title 37, United
States Code.
(F) Construction of required service.--Any service
required of a member under an agreement covered by this
paragraph after the member returns to active duty as
described in subparagraph (C) shall be in addition to
any service required of the member under an agreement
under subsection (e).
(3) Certain travel and transportation allowances.--
(A) In general.--Subject to subparagraph (B), a
member who participates in a pilot program is entitled,
while participating in the pilot program, to the travel
and transportation allowances authorized by section 404
of title 37, United States Code, for--
(i) travel performed from the member's
residence, at the time of release from active
duty to participate in the pilot program, to
the location in the United States designated by
the member as his residence during the period
of participation in the pilot program; and
(ii) travel performed to the member's
residence upon return to active duty at the end
of the member's participation in the pilot
program.
(B) Limitation.--An allowance is payable under this
paragraph only with respect to travel of a member to
and from a single residence.
(h) Promotion.--
(1) Officers.--
(A) Limitation on promotion.--An officer
participating in a pilot program under this section
shall not, while participating in the pilot program, be
eligible for consideration for promotion under chapter
36 or 1405 of title 10, United States Code.
(B) Promotion and rank upon return to active
duty.--Upon the return of an officer to active duty
after completion by the officer of participation in a
pilot program--
(i) the Secretary concerned shall adjust
the officer's date of rank in such manner as
the Secretary of Defense shall prescribe in
regulations for purposes of this section; and
(ii) the officer shall be eligible for
consideration for promotion when officers of
the same competitive category, grade, and
seniority are eligible for consideration for
promotion.
(2) Enlisted members.--An enlisted member participating in
a pilot program shall not be eligible for consideration for
promotion during the period that--
(A) begins on the date of the member's inactivation
from active duty under the pilot program; and
(B) ends at such time after the return of the
member to active duty under the pilot program that the
member is treatable as eligible for promotion by reason
of time in grade and such other requirements as the
Secretary of the military department concerned shall
prescribe in regulations for purposes of the pilot
program.
(i) Medical and Dental Care.--A member participating in a pilot
program under this section shall, while participating in the pilot
program, be treated as a member of the Armed Forces on active duty for
a period of more than 30 days for purposes of the entitlement of the
member and the member's dependents to medical and dental care under the
provisions of chapter 55 of title 10, United States Code.
(j) Treatment of Period of Participation for Purposes of Retirement
and Related Purposes.--Any period of participation of a member in a
pilot program under this section shall not count toward--
(1) eligibility for retirement or transfer to the Ready
Reserve under either chapter 571 or 1223 of title 10, United
States Code;
(2) computation of retired or retainer pay under chapter 71
or 1223 of title 10, United States Code; or
(3) computation of total years of commissioned service
under section 14706 of title 10, United States Code.
(k) Reports.--
(1) Interim reports.--Not later than June 1 of each of 2010
and 2012, each Secretary of a military department shall submit
to the congressional defense committees a report on the
implementation and current status of the pilot programs
conducted by such Secretary under this section.
(2) Final report.--Not later than March 1, 2015, the
Secretary of Defense shall submit to the congressional defense
committees a report on the pilot programs conducted under this
section.
(3) Elements of report.--Each interim report and the final
report under this subsection shall include the following:
(A) A description of each pilot program conducted
under this section, including a description of the
number of applicants for such pilot program and the
criteria used to select individuals for participation
in such pilot program.
(B) An assessment by the Secretary concerned of the
pilot programs, including an evaluation of whether--
(i) the authorities of the pilot programs
provided an effective means to enhance the
retention of members of the Armed Forces
possessing critical skills, talents, and
leadership abilities;
(ii) the career progression in the Armed
Forces of individuals who participate in the
pilot program has been or will be adversely
affected; and
(iii) the usefulness of the pilot program
in responding to the personal and professional
needs of individual members of the Armed
Forces.
(C) Such recommendations for legislative or
administrative action as the Secretary concerned
considers appropriate for the modification or
continuation of the pilot programs.
(l) Duration of Program Authority.--The authority to conduct a
pilot program authorized by this section shall commence on January 1,
2009 and expire on December 31, 2014. No member of the Armed Forces may
be in a period of inactivation from active duty under the pilot program
after December 31, 2014.
SEC. 586. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL ADVICE BY
THE LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF
STAFF.
Section 156(d) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Legal Counsel''; and
(2) by adding at the end the following new paragraph:
``(2) No officer or employee of the Department of Defense may
interfere with the ability of the Legal Counsel to give independent
legal advice to the Chairman of the Joint Chiefs of Staff and to the
Joint Chiefs of Staff.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during the fiscal year 2009 required by section 1009 of title
37, United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2009, the rates
of monthly basic pay for members of the uniformed services are
increased by 3.9 percent.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title
37, United States Code, is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
(b) Selected Reserve Affiliation or Enlistment Bonus.--Section
308c(i) of such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(c) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(d) Ready Reserve Enlistment Bonus for Persons Without Prior
Service.--Section 308g(f)(2) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons
With Prior Service.--Section 308h(e) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(f) Selected Reserve Enlistment Bonus for Persons With Prior
Service.--Section 308i(f) of such title is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
(b) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of such title is
amended by striking ``January 1, 2009'' and inserting ``January 1,
2010''.
(c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December 31, 2008''
and inserting ``December 31, 2009''.
(e) Special Pay for Selected Reserve Health Professionals in
Critically Short Wartime Specialties.--Section 302g(e) of such title is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of
such title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(h) Accession Bonus for Medical Officers in Critically Short
Wartime Specialties.--Section 302k(f) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(i) Accession Bonus for Dental Specialist Officers in Critically
Short Wartime Specialties.--Section 302l(g) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR
OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(f) of title 37, United States Code, is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking ``December 31, 2008'' and inserting ``December
31, 2009''.
(c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(b) Assignment Incentive Pay.--Section 307a(g) of such title is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(c) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(d) Enlistment Bonus.--Section 309(e) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
(e) Accession Bonus for New Officers in Critical Skills.--Section
324(g) of such title is amended by striking ``December 31, 2008'' and
inserting ``December 31, 2009''.
(f) Incentive Bonus for Conversion to Military Occupational
Specialty To Ease Personnel Shortage.--Section 326(g) of such title is
amended by striking ``December 31, 2008'' and inserting ``December 31,
2009''.
(g) Accession Bonus for Officer Candidates.--Section 330(f) of such
title is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(h) Retention Bonus for Members With Critical Military Skills or
Assigned to High Priority Units.--Section 355(i) of such title, as
redesignated by section 661(c) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181), is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
(i) Income Replacement for Reserve Members Experiencing Extended
and Frequent Mobilizations.--Section 910(g) of such title is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL
BONUSES.
(a) Health Professions Referral Bonus.--Subsection (i) of section
1030 of title 10, United States Code, as added by section 671(b) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181), is amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(b) Army Referral Bonus.--Subsection (h) of section 3252 of title
10, United States Code, as added by section 671(a) of the National
Defense Authorization Act for Fiscal Year 2008, is amended by striking
``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 616. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR MEALS
RECEIVED AT MILITARY TREATMENT FACILITIES BY MEMBERS
RECEIVING CONTINUOUS CARE.
Section 402(h) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``during any month
covered by paragraph (3)''; and
(2) by striking paragraph (3).
SEC. 617. ACCESSION AND RETENTION BONUSES FOR THE RECRUITMENT AND
RETENTION OF PSYCHOLOGISTS FOR THE ARMED FORCES.
(a) Multiyear Retention Bonus for Psychologists.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 301e the following new
section:
``Sec. 301f. Multiyear retention bonus: psychologists of the armed
forces
``(a) Bonus Authorized.--An officer described in subsection (c) who
executes a written agreement to remain on active duty for up to four
years after completion of any other active-duty service commitment may,
upon acceptance of the agreement by the Secretary concerned, be paid a
retention bonus as provided in this section.
``(b) Maximum Amount of Bonus.--The amount of a retention bonus
under subsection (a) may not exceed $25,000 for each year of the
agreement of the officer concerned.
``(c) Eligible Officers.--An officer described in this subsection
is an officer of the armed forces who--
``(1) is a psychologist of the armed forces;
``(2) is in a pay grade below pay grade O-7;
``(3) has at least eight years of creditable service
(computed as described in section 302b(f) of this title) or has
completed any active-duty service commitment incurred for
psychology education and training;
``(4) has completed initial residency training (or will
complete such training before September 30 of the fiscal year
in which the officer enters into an agreement under subsection
(a)); and
``(5) holds a valid State license to practice as a doctoral
level psychologist.
``(d) Repayment.--An officer who does not complete the period of
active duty specified in the agreement entered into under subsection
(a) shall be subject to the repayment provisions of section 303a(e) of
this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 301e the following new item:
``301f. Multiyear retention bonus: psychologists of the armed
forces.''.
(b) Accession Bonus for Psychologists.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 302l the following new
section:
``Sec. 302m. Special pay: accession bonus for psychologists
``(a) Accession Bonus Authorized.--A person described in subsection
(b) who executes a written agreement described in subsection (e) to
accept a commission as an officer of the armed forces and remain on
active duty for a period of not less than four consecutive years may,
upon acceptance of the agreement by the Secretary concerned, be paid an
accession bonus in an amount determined by the Secretary concerned.
``(b) Eligible Persons.--A person described in this section is any
person who--
``(1) is a graduate of an accredited school of psychology;
and
``(2) holds a valid State license to practice as a doctoral
level psychologist.
``(c) Maximum Amount of Bonus.--The amount of an accession bonus
under subsection (a) may not exceed $400,000.
``(d) Limitation on Eligibility.--A person may not be paid a bonus
under subsection (a) if--
``(1) the person, in exchange for an agreement to accept an
appointment as an officer, received financial assistance from
the Department of Defense to pursue a course of study in
psychology; or
``(2) the Secretary concerned determines that the person is
not qualified to become and remain certified as a psychologist.
``(e) Agreement.--The agreement referred to in subsection (a) shall
provide that, consistent with the needs of the armed force concerned,
the person executing the agreement will be assigned to duty, for the
period of obligated service covered by the agreement, as an officer of
such armed force as a psychologist.
``(f) Repayment.--A person who, after signing an agreement under
subsection (a), is not commissioned as an officer of the armed forces,
does not become licensed as a psychologist, or does not complete the
period of active duty specified in the agreement shall be subject to
the repayment provisions of section 303a(e) of this title.
``(g) Termination of Authority.--No agreement under this section
may be entered into after December 31, 2009.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 302l the following new item:
``302m. Special pay: accession bonus for psychologists.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
SEC. 618. AUTHORITY FOR EXTENSION OF MAXIMUM LENGTH OF SERVICE
AGREEMENTS FOR SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS
EXTENDING PERIOD OF ACTIVE SERVICE.
Section 312(a)(3) of section 312 of title 37, United States Code,
is amended by striking ``three, four, or five years'' and inserting
``not less than three years''.
SEC. 619. INCENTIVE PAY FOR MEMBERS OF PRECOMMISSIONING PROGRAMS
PURSUING FOREIGN LANGUAGE PROFICIENCY.
(a) Incentive Pay Authorized.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 316 the following new
section:
``Sec. 316a. Special pay: incentive pay for members of precommissioning
programs pursuing foreign language proficiency
``(a) Incentive Pay.--The Secretary of Defense may pay incentive
pay under this section to an individual who--
``(1) is enrolled as a member of the Senior Reserve
Officers' Training Corps or the Marine Corps Platoon Leaders
Class, as determined in accordance with regulations prescribed
by the Secretary of Defense under subsection (e); and
``(2) participates in a language immersion program approved
for purposes of the Senior Reserve Officers' Training Corps, or
in study abroad, or is enrolled in an academic course that
involves instruction in a foreign language of strategic
interest to the Department of Defense as designated by the
Secretary of Defense for purposes of this section.
``(b) Period of Payment.--Incentive pay is payable under this
section to an individual described in subsection (a) for the period of
the individual's participation in the language program or study
described in paragraph (2) of that subsection.
``(c) Amount.--The amount of incentive pay payable to an individual
under this section may not exceed $3,000 per year.
``(d) Repayment.--An individual who is paid incentive pay under
this section but who does not satisfactorily complete participation in
the individual's language program or study as described in subsection
(a)(2), or who does not complete the requirements of the Senior Reserve
Officers' Training Corps or the Marine Corps Platoon Leaders Class, as
applicable, shall be subject to the repayment provisions of section
303a(e) of this title.
``(e) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense.
``(f) Reports.--Not later than January 1, 2010, and annually
thereafter through 2014, the Secretary of Defense shall submit to the
Director of the Office of Management and Budget, and to Congress, a
report on the payment of incentive pay under this section during the
preceding fiscal year. Each report shall include, for the fiscal year
covered by such report, the following:
``(1) The number of individuals paid incentive pay under
this section, the number of individuals commencing receipt of
incentive pay under this section, and the number of individuals
ceasing receipt of incentive pay under this section.
``(2) The amount of incentive pay paid to individuals under
this section.
``(3) The aggregate amount recouped under section 303a(e)
of this title in connection with receipt of incentive pay under
this section.
``(4) The languages for which incentive pay was paid under
this section, including the total amount paid for each such
language.
``(5) The effectiveness of incentive pay under this section
in assisting the Department of Defense in securing proficiency
in foreign languages of strategic interest to the Department of
Defense, including a description of how recipients of pay under
this section are assigned and utilized following completion of
the program of study.
``(g) Termination of Authority.--No incentive pay may be paid under
this section after December 31, 2013.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by inserting
after the item relating to section 316 the following new item:
``316a. Special pay: incentive pay for members of precommissioning
programs pursuing foreign language
proficiency.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
Subtitle C--Travel and Transportation Allowances
SEC. 631. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PERSONNEL.
Section 406(b)(1) of title 37, United States Code, is amended by
adding at the end the following new subparagraph:
``(H)(i) Except as provided in paragraph (2) and subject to clause
(iii), in connection with an evacuation from a permanent station
located in a foreign area, a member is entitled to transportation
(including shipment and payment of any quarantine costs) of not more
than two family household pets.
``(ii) A member entitled to transportation under clause (i) may be
paid reimbursement or, at the member's request, a monetary allowance in
accordance with the provisions of subparagraph (F) if the member
secures by commercial means shipment and any quarantining of the pets
otherwise subject to transportation under clause (i).
``(iii) The provision of transportation under clause (i) and the
payment of reimbursement under clause (ii) shall be subject to such
regulations as the Secretary of Defense shall prescribe with respect to
members of the armed forces for purposes of this subparagraph. Such
regulations may specify limitations on the types or size of pets for
which transportation may be so provided or reimbursement so paid.''.
SEC. 632. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF PROFESSIONAL
BOOKS AND EQUIPMENT FOR SPOUSES.
(a) Special Weight Allowance.--Section 406(b)(1)(D) of title 37,
United States Code, is amended--
(1) by inserting ``(i)'' after ``(D)'';
(2) in the second sentence of clause (i), as so
redesignated, by striking ``this subparagraph'' and inserting
``this clause'';
(3) by redesignating the last sentence as clause (iii) and
indenting the margin of such clause, as so designated, two ems
from the left margin; and
(4) by inserting after clause (i), as redesignated by
paragraph (2), the following new clause:
``(ii) In addition to the weight allowance authorized for such
member with dependents under paragraph (C), the Secretary concerned may
authorize up to an additional 500 pounds in weight allowance for
shipment of professional books and equipment belonging to the spouse of
such member.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2009, and shall apply with respect to
shipment provided on or after that date.
SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE
RESERVE COMPONENTS OF THE ARMED FORCES ON LEAVE FOR
SUSPENSION OF TRAINING.
(a) Allowances Authorized.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 411j the following new
section:
``Sec. 411k. Travel and transportation allowances: travel performed by
certain members of the reserve components of the armed
forces in connection with leave for suspension of
training
``(a) Allowance Authorized.--The Secretary concerned may reimburse
or provide transportation to a member of a reserve component of the
armed forces on active duty for a period of more than 30 days who is
performing duty at a temporary duty station for travel between the
member's temporary duty station and the member's permanent duty station
in connection with authorized leave pursuant to a suspension of
training.
``(b) Minimum Distance Between Stations.--A member may be paid for
or provided transportation under subsection (a) only as follows:
``(1) In the case of a member who travels between a
temporary duty station and permanent duty station by air
transportation, if the distance between such stations is not
less than 300 miles.
``(2) In the case of a member who travels between a
temporary duty station and permanent duty station by ground
transportation, if the distance between such stations is more
than the normal commuting distance from the permanent duty
station (as determined under the regulations prescribed under
subsection (e)).
``(c) Minimum Period of Suspension of Training.--A member may be
paid for or provided transportation under subsection (a) only in
connection with a suspension of training covered by that subsection
that is five days or more in duration.
``(d) Limitation on Reimbursement.--The amount a member may be paid
under subsection (a) for travel may not exceed the amount that would be
paid by the government (as determined under the regulations prescribed
under subsection (e)) for the least expensive means of travel between
the duty stations concerned.
``(e) Regulations.--The Secretary concerned shall prescribe
regulations to carry out this section. Regulations prescribed by the
Secretary of a military department shall be subject to the approval of
the Secretary of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 411j the following new item:
``411k. Travel and transportation allowances: travel performed by
certain members of the reserve components
of the armed forces in connection with
leave for suspension of training.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to travel that occurs on or after that date.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND
CHILDREN OF MEMBERS OF THE ARMED FORCES WHO DIE IN
SERVICE.
Section 1482(a) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(12) Presentation of a flag of equal size to the flag
presented under paragraph (10) to the surviving spouse
(regardless of whether the surviving spouse remarries after the
decedent's death), if the person to be presented the flag under
paragraph (10) is other than the surviving spouse.
``(13) Presentation of a flag of equal size to the flag
presented under paragraph (10) to each child, regardless of
whether the person to be presented a flag under paragraph (10)
is a child of the decedent. For purposes of this paragraph, the
term `child' has the meaning prescribed by section 1477(d) of
this title''.
Subtitle E--Other Matters
SEC. 651. SEPARATION PAY, TRANSITIONAL HEALTH CARE, AND TRANSITIONAL
COMMISSARY AND EXCHANGE BENEFITS FOR MEMBERS OF THE ARMED
FORCES SEPARATED UNDER SURVIVING SON OR DAUGHTER POLICY.
(a) Availability of Separation Pay Otherwise Available for
Involuntary Separation.--
(1) In general.--A member of the Armed Forces who is
separated from the Armed Forces under the Surviving Son or
Daughter policy of the Department of Defense before the member
completes twenty years of service in the Armed Force shall be
entitled to separation pay payable under section 1174 of title
10, United States Code.
(2) No minimum service before separation.--A member of the
Armed Forces described in paragraph (1) who is separated from
the Armed Forces as described in that paragraph is entitled to
separation pay under that paragraph without regard to section
1174(c) of title 10, United States Code.
(3) Inapplicability of requirement for service in ready
reserve.--Section 1174(e) of title 10, United States Code,
shall not apply to a member of the Armed Forces described in
paragraph (1) who is separated from the Armed Forces as
described in that paragraph.
(4) Amount of pay.--The amount of the separation pay to be
paid to a member pursuant to this subsection shall be based on
the years of active service actually completed by the member
before the member's separation from the Armed Forces as
described in paragraph (1).
(b) Transitional Health Care.--
(1) In general.--A member of the Armed Forces who is
separated from the Armed Forces under the Surviving Son or
Daughter policy of the Department of Defense is entitled to
health care benefits under section 1145 of title 10, United
States Code, as if such member were an individual described by
subsection (a)(2) of such section.
(2) Dependents.--The dependents of a member entitled to
health care benefits under paragraph (1) are entitled to health
care benefits in the same manner with respect to such member as
dependents of members of the Armed Forces are entitled to such
benefits with respect to such members under section 1145 of
title 10, United States Code.
(c) Transitional Commissary and Exchange Benefits.--A member of the
Armed Forces who is separated from the Armed Forces under the Surviving
Son or Daughter policy of the Department of Defense is entitled to
continue to use commissary and exchange stores and morale, welfare, and
recreational facilities in the same manner as a member on active duty
in the Armed Forces during the two-year period beginning on the later
of the following dates:
(1) The date of the separation of the member.
(2) The date on which the member is first notified of the
members entitlement to benefits under this subsection.
(d) Surviving Son or Daughter Policy of the Department of Defense
Defined.--In this section, the term ``Surviving Son or Daughter policy
of the Department of Defense'' means the policy of the Department of
Defense for the separation from the Armed Forces of a member of the
Armed Forces who is a son or daughter in a family in which the father,
mother, or another son or daughter--
(1) has been killed in action or died while serving in the
Armed Forces from a wound, accident, or disease;
(2) is a member of the Armed Forces in a captured or
missing-in-action status; or
(3) has a service-connected disability rated 100 percent
disabling (including a disability of 100 percent mental
disability), as determined by the Secretary of Veterans Affairs
or the Secretary of the military department concerned, and is
not gainfully employed because of such disability.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
SEC. 701. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE UNDER TRICARE
RESERVE SELECT AFTER 2008.
(a) In General.--Section 1076d(d)(3) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in subparagraph (A), as so designated, by striking the
second sentence; and
(3) by adding at the end the following new subparagraph:
``(B) The appropriate actuarial basis for purposes of subparagraph
(A) shall be determined as follows:
``(i) For calendar year 2009, by utilizing the reported
cost of providing benefits under this section to members and
their dependents during calendar years 2006 and 2007.
``(ii) For each calendar year after calendar year 2009, by
utilizing the actual cost of providing benefits under this
section to members and their dependents during the calendar
years preceding such calendar year.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
Subtitle B--Other Health Care Authorities
SEC. 711. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF MEMBERS OF THE
ARMED FORCES.
(a) Expansion of Availability of Medical and Dental Services for
Reserves.--
(1) Expansion of availability for reserves assigned to
units scheduled for deployment within 75 days of
mobilization.--Subsection (d)(1) of section 1074a of title 10,
United States Code, is amended by striking ``The Secretary of
the Army shall provide to members of the Selected Reserve of
the Army'' and inserting ``The Secretary concerned shall
provide to members of the Selected Reserve''.
(2) Availability for certain other reserves.--Such section
is further amended by adding at the end the following new
subsection:
``(g)(1) The Secretary concerned may provide to any member of the
Selected Reserve not described in subsection (d)(1) or (f), and to any
member of the Individual Ready Reserve with a specially designated
deployment responsibility, the medical and dental services specified in
subsection (d)(1) if the Secretary determines that the receipt of such
services by such member is necessary to ensure that the member meets
applicable standards of medical and dental readiness.
``(2) Services may not be provided to a member under this
subsection for a condition that is the result of the member's own
misconduct.
``(3) The services provided under this subsection shall be provided
at no cost to the member.''.
(3) Funding.--Such section is further amended by adding at
the end the following new subsection:
``(h) Amounts available for operation and maintenance of a reserve
component of the armed forces may be available for purposes of this
section to ensure the medical and dental readiness of members of such
reserve component.''.
(b) Waiver of Certain Copayments for Dental Care for Reserves for
Readiness Purposes.--Section 1076a(e) of such title is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by striking ``A member or dependent'' and inserting
``(1) Except as provided pursuant to paragraph (2), a member or
dependent''; and
(3) by adding at the end the following new paragraph:
``(2) During a national emergency declared by the President or
Congress, the Secretary of Defense may waive, whether in whole or in
part, the charges otherwise payable by a member of the Selected Reserve
of the Ready Reserve or a member of the Individual Ready Reserve under
paragraph (1) for the coverage of the member alone under the dental
insurance plan established under subsection (a)(1) if the Secretary
determines that such waiver of the charges would facilitate or ensure
the readiness of a unit or individual for a scheduled deployment.''.
(c) Report on Policies and Procedures in Support of Medical and
Dental Readiness.--
(1) In general.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the policies and procedures of the Department of
Defense to ensure the medical and dental readiness of members
of the Armed Forces.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the current standards of each
military department with respect to the medical and
dental readiness of individual members of the Armed
Forces (including members of the regular components and
members of the reserve components), and with respect to
the medical and dental readiness of units of the Armed
Forces (including units of the regular components and
units of the reserve components), under the
jurisdiction of such military department.
(B) A description of the manner in which each
military department applies the standards described
under subparagraph (A) with respect to each of the
following:
(i) Performance evaluation.
(ii) Promotion.
(iii) In the case of the members of the
reserve components, eligibility to attend
annual training.
(iv) Continued retention in service in the
Armed Forces.
(v) Such other matters as the Secretary
considers appropriate.
(C) A statement of the number of members of the
Armed Forces (including members of the regular
components and members of the reserve components) who
were determined to be not ready for deployment at any
time during the period beginning on October 1, 2001,
and ending on September 30, 2008, due to failure to
meet applicable medical or dental standards, and an
assessment of whether the unreadiness of such members
for deployment could reasonably have been mitigated by
actions of the members concerned to maintain individual
medical or dental readiness.
(D) A description of any actual or perceived
barriers to the achievement of full medical and dental
readiness in the Armed Forces (including among the
regular components and the reserve components),
including, but not limited to, barriers associated with
the following:
(i) Quality or cost of, or access to,
medical and dental care.
(ii) Availability of programs and
incentives intended to prevent medical or
dental problems.
(E) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate to ensure the medical and dental readiness
of individual members of the Armed Forces and units of
the Armed Forces, including, but not limited to,
recommendations regarding the following:
(i) The advisability of requiring that
fitness reports of members of the Armed Forces
include--
(I) a statement of whether or not a
member meets medical and dental
readiness standards for deployment; and
(II) in cases in which a member
does not meet such standard, a
statement of actions being taken to
ensure that the member meets such
standards and the anticipated schedule
for meeting such standards.
(ii) The advisability of establishing a
mandatory promotion standard relating to
individual medical and dental readiness and, in
the case of a unit commander, unit medical and
dental readiness.
SEC. 712. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRATION PROJECTS
RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE.
Section 1092(a) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(3) The Secretary of Defense may include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to provide awards and incentives to members of
the armed forces and covered beneficiaries who obtain health promotion
and disease prevention health care services in accordance with terms
and schedules prescribed by the Secretary. Such awards and incentives
may include, but are not limited to, cash awards and, in the case of
members of the armed forces, personnel incentives.
``(4)(A) The Secretary of Defense may, in consultation with the
other administering Secretaries, include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to provide awards or incentives to individual
health care professionals under the authority of such Secretaries,
including members of the uniformed services, Federal civilian
employees, and contractor personnel, to encourage and reward effective
implementation of innovative health care programs designed to improve
quality, cost-effectiveness, health promotion, medical readiness, and
other priority objectives. Such awards and incentives may include, but
are not limited to, cash awards and, in the case of members of the
armed forces, personnel incentives.
``(B) Amounts available for the pay of members of the uniformed
services shall be available for awards and incentives under this
paragraph with respect to members of the uniformed services.
``(5) The Secretary of Defense may include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to improve the medical and dental readiness of
members of reserve components of the armed forces, including the
provision of health care services to such members for which they are
not otherwise entitled or eligible under this chapter.
``(6) The Secretary of Defense may include in the studies and
demonstration projects conducted under paragraph (1) studies and
demonstration projects to improve the continuity of health care
services for family members of mobilized members of the reserve
components of the armed forces who are eligible for such services under
this chapter, including payment of a stipend for continuation of
employer-provided health coverage during extended periods of active
duty.''.
SEC. 713. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR DEPENDENTS
OF MEMBERS ASSIGNED TO VERY REMOTE LOCATIONS OUTSIDE THE
CONTINENTAL UNITED STATES.
Section 1040(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) For purposes of paragraph (1), required medical attention
of a dependent shall include anesthesia services for childbirth for the
dependent equivalent to the anesthesia services for childbirth that
would be available to the dependent in military treatment facilities
located in the United States.
``(B) In the case of a dependent in a remote location outside the
continental United States who elects services authorized by
subparagraph (A), the transportation authorized in paragraph (1) may
consist of transportation to a military treatment facility providing
such services that is located in the continental United States nearest
to the closest port of entry into the continental United States from
such remote location.
``(C) The second through sixth sentences of paragraph (1) shall
apply to a dependent provided transportation under this paragraph.
``(D) Notwithstanding any other provision of this paragraph, the
total cost incurred by the United States for the provision of
transportation and expenses (including per diem) with respect to a
dependent under this paragraph may not exceed the cost the United
States would otherwise incur for the provision of transportation and
expenses with respect to the dependent under paragraph (1) if the
transportation and expenses were provided to the dependent under
paragraph (1) rather than this paragraph.''.
Subtitle C--Other Health Care Matters
SEC. 721. REPEAL OF PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND
DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL
POSITIONS.
(a) Repeal.--Subsection (a) of section 721 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
198; 10 U.S.C. 129c note) is repealed.
(b) Revival of Certification and Report Requirements on Conversion
of Positions.--
(1) In general.--The provisions of subsections (a) and (b)
of section 742 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2306), as in effect on January 27, 2008 (the day before
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2008), are hereby revived.
(2) Applicable definitions.--In the discharge of
subsections (a) and (b) of section 742 of the John Warner
National Defense Authorization Act for Fiscal Year 2007, as
revived by paragraph (1), the following definitions shall
apply:
(A) The definitions in paragraphs (1) through (4)
of section 742(f) of the John Warner National Defense
Authorization Act for Fiscal Year 2007, as in effect on
January 27, 2008.
(B) The definition in section 721(d)(4) of the
National Defense Authorization Act for Fiscal Year
2008.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE ACQUISITION
PROGRAMS UNDER ACQUISITION REPORTING REQUIREMENTS.
(a) Authority To Designate Major Subprograms as Subject to
Acquisition Reporting Requirements.--
(1) In general.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2430 following new
section:
``Sec. 2430a. Major subprograms
``(a) Authority To Designate Major Subprograms as Subject to
Acquisition Reporting Requirements.--(1) If the Secretary of Defense
determines that a major defense acquisition program requires the
delivery of two or more categories of end items which differ
significantly from each other in form and function, the Secretary may
designate each such category of end items as a major subprogram for the
purposes of acquisition reporting under this chapter.
``(2) The Secretary shall notify the congressional defense
committees in writing of any proposed designation pursuant to paragraph
(1) not less than 30 days before the date such designation takes
effect.
``(b) Reporting Requirements.--If the Secretary designates a major
subprogram of a major defense acquisition program in accordance with
subsection (a), Selected Acquisition Reports, unit cost reports, and
program baselines under this chapter shall reflect cost, schedule, and
performance information--
``(1) for the major defense acquisition program as a whole;
and
``(2) for each major subprogram of the major defense
acquisition program so designated.
``(c) Unit Costs.--Notwithstanding paragraphs (1) and (2) of
section 2432(a) of this title, in the case of a major defense
acquisition program for which the Secretary has designated one or more
major subprograms under this section for the purposes of this chapter--
``(1) the term `program acquisition unit cost' means the
total cost for the development and procurement of, and specific
military construction for, the major defense acquisition
program that is reasonably allocable to each such major
subprogram, divided by the relevant number of fully-configured
end items to be produced under such major subprogram; and
``(2) the term `procurement unit cost' means the total of
all funds programmed to be available for obligation for
procurement for each such major subprogram, divided by the
number of fully-configured end items to be procured under such
major subprogram.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 144 of such title is amended by inserting
after the item relating to section 2430 the following new item:
``2430a. Major subprograms.''.
(b) Conforming Amendments.--Chapter 144 of such title is further
amended as follows:
(1) In section 2432--
(A) in subsection (c)--
(i) in paragraph (1)(B)--
(I) by inserting ``or designated
major subprogram'' after ``for each
major defense acquisition program'';
and
(II) by inserting ``or subprogram''
after ``the program'';
(ii) in paragraph (3)(A), by inserting ``or
designated major subprogram'' after ``for each
major defense acquisition program''; and
(B) in subsection (e)--
(i) in paragraph (3), by inserting before
the period the following: ``for the program (or
for each designated major subprogram under the
program)''; and
(ii) in paragraph (5), by inserting before
the period the following: ``(or for each
designated major subprogram under the
program)''.
(2) In section 2433--
(A) in subsection (a)--
(i) by striking ``The terms'' and inserting
``Except as provided in section 2430a(c) of
this title, the terms'';
(ii) in paragraph (4)--
(I) in subparagraphs (A) and (B),
by inserting ``or designated major
defense subprogram'' after ``major
defense acquisition program''; and
(II) by inserting ``or subprogram''
after ``the program'' each place it
appears; and
(iii) in paragraph (5)--
(I) in subparagraphs (A) and (B),
by inserting ``or designated major
defense subprogram'' after ``major
defense acquisition program''; and
(II) by inserting ``or subprogram''
after ``the program'' each place it
appears;
(B) in subsection (b)--
(i) in the matter preceding paragraph (1),
by inserting ``(and for each designated major
subprogram under the program'' after ``unit
costs of the program'';
(ii) in paragraph (1), by inserting before
the period the following: ``for the program (or
for each designated major subprogram under the
program)'';
(iii) in paragraph (2), by inserting before
the period the following: ``for the program (or
for each designated major subprogram under the
program)''; and
(iv) in paragraph (5), by inserting ``or
subprogram'' after ``the program'' each place
it appears (other than the last place it
appears);
(C) in subsection (c)--
(i) by striking ``the program acquisition
unit cost for the program or the procurement
unit cost for the program'' and inserting ``the
program acquisition unit cost for the program
(or for a designated major subprogram under the
program) or the procurement unit cost for the
program (or for such a subprogram)''; and
(ii) by striking ``for the program'' after
``significant cost growth threshold'';
(D) in subsection (d)--
(i) in paragraph (1)--
(I) by inserting ``or any
designated major subprogram under the
program'' after ``for the program'' the
first place it appears; and
(II) by inserting ``or subprogram''
after ``the program'' the second place
it appears;
(ii) in paragraph (2)--
(I) by inserting ``or any
designated major subprogram under the
program'' after ``the program'' the
first place it appears; and
(II) by inserting ``or subprogram''
after ``the program'' the second place
it appears; and
(iii) in paragraph (3), by striking ``such
program'' and inserting ``the program or
subprogram concerned'';
(E) in subsection (e)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by inserting ``or
designated major subprogram''
after ``major defense
acquisition program''; and
(bb) by inserting ``or
subprogram'' after ``the
program''; and
(II) in subparagraph (B)--
(aa) by inserting ``or
designated major subprogram''
after ``major defense
acquisition program''; and
(bb) by inserting ``or
subprogram'' after ``that
program'';
(ii) in paragraph (2)--
(I) in the matter preceding
subparagraph (A)--
(aa) by inserting ``or
designated major subprogram''
after ``major defense
acquisition program''; and
(bb) by inserting ``or
subprogram'' after ``the
program'';
(II) in subparagraph (A), by
inserting ``or subprogram'' after
``program'' each place it appears;
(III) in subparagraph (B), by
inserting ``or subprogram'' after
``such acquisition program'' each place
it appears; and
(IV) in subparagraph (C), by
inserting ``or subprogram'' after
``such program''; and
(iii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A)--
(aa) by inserting ``or
subprogram concerned'' after
``the program''; and
(bb) by inserting ``or
designated major subprogram''
after ``major defense
acquisition program''; and
(II) in subparagraphs (A) and (B),
by inserting ``or subprogram'' after
``that program'' each place it appears;
and
(F) in subsection (g)--
(i) in paragraph (1)--
(I) in subparagraph (D), by
inserting ``(and for each designated
major subprogram under the program)''
after ``the program'';
(II) in subparagraph (E), by
inserting ``for the program (and for
each designated major subprogram under
the program)'' after ``program
acquisition cost'';
(III) in subparagraph (F), by
inserting before the period the
following: ``for the program (or for
any designated major subprogram under
the program)'';
(IV) in subparagraph (J), by
inserting ``for the program (or for
each designated major subprogram under
the program)'' after ``program
acquisition unit cost'';
(V) in subparagraph (K), by
inserting ``for the program (or for
each designated major subprogram under
the program)'' after ``procurement unit
cost''; and
(VI) in subparagraph (O), by
inserting before the period the
following: ``for the program (or for
any designated major subprogram under
the program)''; and
(ii) in paragraph (2)--
(I) by inserting ``or designated
major subprogram'' after ``major
defense acquisition program'';
(II) by inserting ``or subprogram''
after ``the entire program''; and
(III) by inserting ``or
subprogram'' after ``a program''.
SEC. 802. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY INVESTMENTS
IN ACQUISITION OVERSIGHT AUTHORITIES FOR MAJOR AUTOMATED
INFORMATION SYSTEM PROGRAMS.
(a) Definitions.--
(1) In general.--Section 2445a of title 10, United States
Code, is amended--
(A) in subsection (a), by striking ``In General''
and inserting ``Major Automated Information System
Program''; and
(B) by adding at the end the following new
subsection:
``(d) Other Major Information Technology Investment Program.--In
this chapter, the term `other major information technology investment
program' means the following:
``(1) An investment that is designated by the Secretary of
Defense, or a designee of the Secretary, as a `pre-Major
Automated Information System' or `pre-MAIS' program.
``(2) Any other investment in automated information system
products or services that is expected to exceed the thresholds
established in subsection (a), as adjusted under subsection
(b), but is not considered to be a major automated information
system program because a formal acquisition decision has not
yet been made with respect to such investment.''.
(2) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2445a. Definitions''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 144A of such title is amended by striking
the item relating to section 2445a and inserting the following
new item:
``2445a. Definitions.''.
(b) Cost, Schedule, and Performance Information.--Section 2445b of
such title is amended--
(1) in subsection (a), by inserting ``and each other major
information technology investment program'' after ``each major
automated information system program'';
(2) in subsection (b), by inserting ``Regarding Major
Automated Information System Programs'' after ``Elements''; and
(3) by adding at the end the following new subsection:
``(d) Elements Regarding Other Major Information Technology
Investment Programs.--With respect to each other major information
technology investment program, the information required by subsection
(a) may be provided in the format that is most appropriate to the
current status of the program.''.
(c) Quarterly Reports.--Section 2445c of such title is amended--
(1) in subsection (a)--
(A) by inserting ``or other major information
technology investment'' after ``major automated
information system'' the first place it appears; and
(B) by inserting ``or major information
technology'' after ``major automated information
system'' the second place it appears;
(2) in subsection (b)--
(A) by inserting ``or other major information
technology investment'' after ``major automated
information system'' in the matter preceding paragraph
(1); and
(B) by inserting ``or information technology''
after ``automated information system'' each place it
appears in paragraphs (1) and (2);
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``or other major
information technology investment'' after ``major
automated information system''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (B),
(C), and (D) as subparagraphs (C), (D), and
(E), respectively; and
(ii) by striking subparagraph (A) and
inserting the following new subparagraphs:
``(A) no Milestone B decision has been made after
more than two years of investment in the program;
``(B) the system failed to achieve initial
operational capability within three years after
milestone B approval;'';
(iii) in subparagraph (C), as redesignated
by clause (i) of this subparagraph, by
inserting before the semicolon the following:
``or section 2445b(d) of this title, as
applicable'';
(iv) in subparagraph (D), as so
redesignated, by inserting before the semicolon
the following: ``or section 2445b(d) of this
title, as applicable''; and
(v) in subparagraph (E), as so
redesignated--
(I) by inserting ``or major
information technology'' after ``major
automated information system''; and
(II) by inserting before the period
the following: ``or section 2445b(d) of
this title, as applicable'';
(4) in subsection (e), by inserting ``or other major
information technology investment'' after ``major automated
information system''; and
(5) in subsection (f)--
(A) by inserting ``or other major information
technology investment'' after ``major automated
information system'' in the matter preceding paragraph
(1);
(B) in paragraph (1), by inserting ``or information
technology'' after ``automated information system'';
(C) in paragraph (2), by inserting ``or
technology'' after ``the system''; and
(D) in paragraph (3), by inserting ``or technology,
as applicable,'' after ``the program and system''.
SEC. 803. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Configuration Steering Boards.--Each Secretary of a military
department shall establish one or more boards (to be known as a
``Configuration Steering Board'') for the major defense acquisition
programs of such department.
(b) Composition.--
(1) Chair.--Each Configuration Steering Board under this
section shall be chaired by the service acquisition executive
of the military department concerned.
(2) Particular members.--Each Configuration Steering Board
under this section shall include a representative of the
following:
(A) The Office of the Under Secretary of Defense
for Acquisition, Technology, and Logistics.
(B) The Chief of Staff of the Armed Force
concerned.
(C) The Joint Staff.
(D) The Comptroller of the military department
concerned.
(E) The military deputy to the service acquisition
executive concerned.
(F) The program executive officer for the major
defense acquisition program concerned.
(c) Responsibilities.--
(1) In general.--The Configuration Steering Board for a
major defense acquisition program under this section shall be
responsible for the following:
(A) Preventing unnecessary changes to program
requirements and system configuration that could have
an adverse impact on program cost or schedule.
(B) Mitigating the adverse cost and schedule impact
of any changes to program requirements that may be
required.
(C) Ensuring that the program delivers as much
planned capability as possible, consistent with the
program baseline.
(2) Discharge of responsibilities.--In discharging its
responsibilities under this section with respect to a major
defense acquisition program, a Configuration Steering Board
shall--
(A) review and approve or disapprove any proposed
changes to program requirements or system configuration
that have the potential to adversely impact program
cost or schedule; and
(B) review and recommend proposals to reduce
program requirements that have the potential to improve
program cost or schedule in a manner consistent with
program objectives.
(3) Presentation recommendations on reduction in
requirements.--Any recommendation for a proposed reduction in
requirements that is made by a Configuration Steering Board
under paragraph (2)(B) shall be presented to appropriate
organizations of the Joint Staff and the military departments
responsible for such requirements for review and approval in
accordance with applicable procedures.
(4) Annual consideration of each major defense acquisition
program.--The Secretary of the military department concerned
shall ensure that a Configuration Steering Board under this
section meets to consider each major defense acquisition
program of such military department at least once each year.
(d) Applicability.--
(1) In general.--The requirements of this section shall
apply with respect to any major defense acquisition program
that is commenced before, on, or after the date of the
enactment of this Act.
(2) Current programs.--In the case of any major defense
acquisition program that is ongoing as of the date of the
enactment of this Act, a Configuration Steering Board under
this section shall be established for such program not later
than 60 days after the date of the enactment of this Act.
(e) Guidance on Authorities of Program Managers After Milestone
B.--
(1) Modification of guidance on authorities.--Paragraph (2)
of section 853(d) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2343) is amended to read as follows:
``(2) authorities available to the program manager,
including--
``(A) the authority to object to the addition of
new program requirements that would be inconsistent
with the parameters established at Milestone B (or Key
Decision Point B in the case of a space program) and
reflected in the performance agreement, unless such
requirements are approved by the appropriate
Configuration Steering Board; and
``(B) the authority to recommend to the appropriate
Configuration Steering Board reduced program
requirements that have the potential to improve program
cost or schedule in a manner consistent with program
objectives; and''.
(2) Applicability.--The Secretary of Defense shall modify
the guidance described in section 853(d) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 in
order to take into account the amendment made by paragraph (1)
not later than 60 days after the date of the enactment of this
Act.
(f) Major Defense Acquisition Program Defined.--In this section,
the term ``major defense acquisition program'' has the meaning given
that term in section 2430(a) of title 10, United States Code.
Subtitle B--Acquisition Policy and Management
SEC. 811. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE
DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.
(a) Inspector General Reviews and Determinations.--
(1) In general.--For each covered non-defense agency, the
Inspector General of the Department of Defense and the
Inspector General of such non-defense agency shall, not later
than March 15, 2009, jointly--
(A) review--
(i) the procurement policies, procedures,
and internal controls of such non-defense
agency that are applicable to the procurement
of property and services on behalf of the
Department by such non-defense agency; and
(ii) the administration of those policies,
procedures, and internal controls; and
(B) determine in writing whether--
(i) such non-defense agency is compliant
with defense procurement requirements;
(ii) such non-defense agency is not
compliant with defense procurement
requirements, but has a program or initiative
to significantly improve compliance with
defense procurement requirements;
(iii) neither of the conclusions stated in
clauses (i) and (ii) is correct in the case of
such non-defense agency; or
(iv) such non-defense agency is not
compliant with defense procurement requirements
to such an extent that the interests of the
Department of Defense are at risk in
procurements conducted by such non-defense
agency.
(2) Actions following certain determinations.--If the
Inspectors General determine under paragraph (1) that the
conclusion stated in clause (ii), (iii), or (iv) of
subparagraph (B) of that paragraph is correct in the case of a
covered non-defense agency, such Inspectors General shall, not
later than June 15, 2010, jointly--
(A) conduct a second review, as described in
subparagraph (A) of that paragraph, regarding such non-
defense agency's procurement of property or services on
behalf of the Department of Defense in fiscal year
2009; and
(B) determine in writing whether such non-defense
agency is or is not compliant with defense procurement
requirements.
(b) Compliance With Defense Procurement Requirements.--For the
purposes of this section, a covered non-defense agency is compliant
with defense procurement requirements if such non-defense agency's
procurement policies, procedures, and internal controls applicable to
the procurement of products and services on behalf of the Department of
Defense, and the manner in which they are administered, are adequate to
ensure such non-defense agency's compliance with the requirements of
laws and regulations that apply to procurements of property and
services made directly by the Department of Defense.
(c) Memoranda of Understanding Between Inspectors General.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Inspector General of the
Department of Defense and the Inspector General of each covered
non-defense agency shall enter into a memorandum of
understanding with each other to carry out the reviews and make
the determinations required by this section.
(2) Scope of memoranda.--The Inspector General of the
Department of Defense and the Inspector General of a covered
non-defense agency may by mutual agreement conduct separate
reviews of the procurement of property and services on behalf
of the Department of Defense that are conducted by separate
business units, or under separate governmentwide acquisition
contracts, of such non-defense agency. In any case where such
separate reviews are conducted, the Inspectors General shall
make separate determinations under paragraph (1) or (2) of
subsection (a), as applicable, with respect to each such
separate review.
(d) Limitations on Procurements on Behalf of Department of
Defense.--
(1) Limitation during review period.--After March 15, 2009,
and before June 16, 2010, no official of the Department of
Defense may, except as provided in subsection (e) or (f),
order, purchase, or otherwise procure property or services in
an amount in excess of $100,000 through a covered non-defense
agency for which a determination described in clause (iii) or
(iv) of paragraph (1)(B) of subsection (a) has been made under
subsection (a).
(2) Limitation after review period.--After June 15, 2010,
no official of the Department of Defense may, except as
provided in subsection (e) or (f), order, purchase, or
otherwise procure property or services in an amount in excess
of $100,000 through a covered non-defense agency that, having
been subject to review under this section, has not been
determined under this section as being compliant with defense
procurement requirements.
(3) Limitation following failure to reach mou.--Commencing
on the date that is 60 days after the date of the enactment of
this Act, if a memorandum of understanding between the
Inspector General of the Department of Defense and the
Inspector General of a covered non-defense agency cannot be
attained causing the review required by this section to not be
performed, no official of the Department of Defense, except as
provided in subsection (e) or (f), may order, purchase or
otherwise procure property or services in an amount in excess
of $100,000 through such non-defense agency.
(e) Exception From Applicability of Limitations.--
(1) Exception.--No limitation applies under subsection (d)
with respect to the procurement of property and services on
behalf of the Department of Defense by a covered non-defense
agency during any period that there is in effect a
determination of the Under Secretary of Defense for
Acquisition, Technology, and Logistics, made in writing, that
it is necessary in the interest of the Department of Defense to
continue to procure property and services through such non-
defense agency.
(2) Applicability of determination.--A written
determination with respect to a covered non-defense agency
under paragraph (1) is in effect for the period, not in excess
of one year, that the Under Secretary shall specify in the
written determination. The Under Secretary may extend from time
to time, for up to one year at a time, the period for which the
written determination remains in effect.
(f) Termination of Applicability of Limitations.--Subsection (d)
shall cease to apply to a covered non-defense agency on the date on
which the Inspector General of the Department of Defense and the
Inspector General of such non-defense agency jointly--
(1) determine that such non-defense agency is compliant
with defense procurement requirements; and
(2) notify the Secretary of Defense of that determination.
(g) Identification of Procurements Made During a Particular Fiscal
Year.--For the purposes of subsection (a), a procurement shall be
treated as being made during a particular fiscal year to the extent
that funds are obligated by the Department of Defense for that
procurement in that fiscal year.
(h) Resolution of Disagreements.--If the Inspector General of the
Department of Defense and the Inspector General of a covered non-
defense agency are unable to agree on a joint determination under
subsection (a) or (f), a determination by the Inspector General of the
Department of Defense under such subsection shall be conclusive for the
purposes of this section.
(i) Definitions.--In this section:
(1) The term ``covered non-defense agency'' means each of
the following:
(A) The Department of Commerce.
(B) The Department of Energy.
(2) The term ``governmentwide acquisition contract'', with
respect to a covered non-defense agency, means a task or
delivery order contract that--
(A) is entered into by the non-defense agency; and
(B) may be used as the contract under which
property or services are procured for one or more other
departments or agencies of the Federal Government.
(j) Modification of Certain Additional Authorities on Internal
Controls for Procurements on Behalf of DoD.--Section 801 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 202; 10 U.S.C. 2304 note) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``each of the
Department of the Treasury, the Department of the
Interior, and the National Aeronautics and Space
Administration'' and inserting ``the Department of the
Interior''; and
(B) by adding at the end the following new
subparagraph:
``(D) In the case of each of the Department of
Commerce and the Department of Energy, by not later
than March 15, 2015.''; and
(2) in subsection (f)(2)--
(A) by striking subparagraphs (B) and (D);
(B) by redesignating subparagraphs (C), (E), and
(F) as subparagraphs (B), (C), and (D), respectively;
and
(C) by adding at the end the following new
subparagraphs:
``(E) The Department of Commerce.
``(F) The Department of Energy.''.
SEC. 812. CONTINGENCY CONTRACTING CORPS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2334. Contingency Contracting Corps
``(a) Establishment.--The Secretary of Defense shall establish
within the Department of Defense a Contingency Contracting Corps (in
this section, referred to as the `Corps') to ensure the Department has
the capability, when needed, to support contingency contracting actions
in a deployed environment. The members of the Corps shall be available
for deployment in connection with contingency operations both within
and outside the continental United States, including reconstruction
efforts relating thereto.
``(b) Membership.--Membership in the Corps shall be voluntary and
open to all employees of the Department of Defense, including uniformed
members of the Armed Forces, who are members of the defense acquisition
workforce, as designated under section 1721 of this title.
``(c) Education and Training.--The Secretary of Defense may
establish additional educational and training requirements for members
of the Corps.
``(d) Clothing and Equipment.--The Secretary of Defense may
identify any necessary clothing and equipment requirements for members
of the Corps.
``(e) Salary.--The salaries for members of the Corps shall be paid
by the Department of Defense out of existing appropriations.
``(f) Authority To Deploy the Corps.--The Secretary of Defense, or
the Secretary's designee, shall have the authority to determine when
members of the Corps shall be deployed.
``(g) Annual Report.--(1) The Secretary of Defense shall provide to
the Committee on Armed Services and the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Armed
Services and the Committee on Oversight and Government Reform of the
House of Representatives an annual report on the status of the
Contingency Contracting Corps.
``(2) At a minimum, each report under paragraph (1) shall include
the number of members of the Contingency Contracting Corps, the fully
burdened cost of operating the program, the number of deployments of
members of the program, and the performance of members of the program
in deployment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of such title is amended by adding at the end the following
new item:
``2334. Contingency Contracting Corps.''.
SEC. 813. EXPEDITED REVIEW AND VALIDATION OF URGENT REQUIREMENTS
DOCUMENTS.
(a) Guidance for Expedited Presentation to Appropriate Authorities
for Review and Validation.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance to the Secretaries of the military departments and the Chiefs
of Staff of the Armed Forces to ensure that each urgent requirements
document submitted by an operational field commander is presented to
the appropriate authority for review and validation not later than 60
days after date on which such document is so submitted.
(b) Definitions.--In this section:
(1) The term ``urgent requirements document'' means the
following:
(A) A Joint Urgent Operational Needs (JUON)
document.
(B) An Army operational need statement (ONS).
(C) A Navy rapid deployment capability (RDC)
document or Navy urgent operational need (UON)
statement.
(D) An Air Force combat capability document (CCD).
(E) A Marine Corps urgent universal need statement
(UUNS).
(F) A combat-mission need statement (CMNS) of the
United States Special Operations Command.
(2) The term ``appropriate authority'' means the following:
(A) In the case of a Joint Urgent Operational Needs
document, a Functional Capabilities Board or Joint
Capabilities Board.
(B) In the case of an Army operational need
statement, the Deputy Chief of Staff of the Army for
Operations and Plans.
(C) In the case of a Navy rapid deployment
capability document or Navy urgent operational need
statement, the Assistant Secretary of the Navy for
Research, Development, and Acquisition.
(D) In the case of an Air Force combat capability
document, the commander of the lead major command of
the Air Force.
(E) In the case of a Marine Corps urgent universal
need statement, the Marine Requirements Oversight
Council.
(F) In the case of a combat-mission need statement
of the United States Special Operations Command, the
Requirements Directorate of the United States Special
Operations Command.
SEC. 814. INCORPORATION OF ENERGY EFFICIENCY REQUIREMENTS INTO KEY
PERFORMANCE PARAMETERS FOR FUEL CONSUMING SYSTEMS.
(a) Implementation Plan.--Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall develop an implementation
plan for the incorporation of energy efficiency requirements into key
performance parameters for the modification of existing fuel consuming
systems of the Department of Defense and the development of new fuel
consuming systems. The implementation plan shall include--
(1) policies, regulations, and directives to ensure that
appropriate officials incorporate such energy efficiency
requirements into such performance parameters; and
(2) a plan for implementing such requirements.
(b) Report.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit a report on the plan required
under subsection (a), including an assessment of progress made in
implementing requirements to incorporate energy efficiency requirements
into key performance parameters for fuel consuming systems of the
Department of Defense, as part of the budget justification materials
submitted to Congress in support of the Department of Defense budget
for fiscal year 2010 and each fiscal year thereafter for five years (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code).
Subtitle C--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
SEC. 821. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DEPARTMENT OF DEFENSE
FOR THE PURCHASE OF ALTERNATIVE AND SYNTHETIC FUELS.
(a) Multiyear Procurement Authorized.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410r. Multiyear procurement authority: purchase of alternative
and synthetic fuels
``(a) Multiyear Contracts Authorized.--Subject to subsections (b)
and (c), the head of an agency may enter into contracts for a period
not to exceed 10 years for the purchase of alternative fuels or
synthetic fuels.
``(b) Limitations on Contracts for Periods in Excess of Five
Years.--The head of an agency may exercise the authority in subsection
(a) to enter a contract for a period in excess of five years only if
the head of the agency determines in writing, on the basis of a
business case analysis prepared by the agency, that--
``(1) the proposed purchase of fuels under such contract is
cost effective for the agency;
``(2) it would not be possible to purchase fuels from the
source in an economical manner without the use of a contract
for a period in excess of five years; and
``(3) the contract will comply with the requirements of
subsection (c) and section 526 of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142).
``(c) Limitation on Lifecycle Greenhouse Gas Emissions.--The head
of an agency may not purchase alternative fuels or synthetic fuels
under the authority in subsection (a) unless the contract specifies
that lifecycle greenhouse gas emissions associated with the production
and combustion of the fuels to be provided under the contract are not
greater than such emissions from conventional petroleum-based fuels
that are used in the same application.
``(d) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
that term in section 2302(1) of this title.
``(2) The term `alternative fuel' has the meaning given
that term in section 301(2) of the Energy Policy Act of 1992
(42 U.S.C. 13211(2)).
``(3) The term `synthetic fuel' means any liquid, gas, or
combination thereof that--
``(A) can be used as a substitute for petroleum or
natural gas (or any derivative thereof, including
chemical feedstocks); and
``(B) is produced by chemical or physical
transformation of domestic sources of energy.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by adding at
the end the following new item:
``2410r. Multiyear procurement authority: purchase of alternative and
synthetic fuels.''.
(b) Regulations.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations providing that the head of an agency may
initiate a multiyear contract as authorized by section 2410r of
title 10, United States Code (as added by subsection (a)), only
if the head of the agency has determined in writing that--
(A) there is a reasonable expectation that
throughout the contemplated contract period the head of
the agency will request funding for the contract at the
level required to avoid contract cancellation;
(B) there is a stable design for all related
technologies to the purchase of alternative and
synthetic fuels as so authorized;
(C) the technical risks associated with such
technologies are not excessive;
(D) the multiyear contract will contain appropriate
pricing mechanisms to minimize risk to the government
from significant changes in market prices for energy;
(E) there is in place a regulatory regime adequate
to ensure compliance with the requirements of section
526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 121 Stat. 1663; 42 U.S.C. 17142)
and other applicable environmental laws; and
(F) the contractor has received all regulatory
approvals necessary for the production of the
alternative and synthetic fuels to be supplied under
the contract.
(2) Minimum anticipated savings.--The regulations required
by paragraph (1) shall provide that, in any case in which the
estimated total expenditure under a multiyear contract (or
several multiyear contracts with the same prime contractor)
under section 2410r of title 10, United States Code (as so
added), are anticipated to be more than (or, in the case of
several contracts, the aggregate of which is anticipated to be
more than) $540,000,000 (in fiscal year 1990 constant dollars),
the head of an agency may initiate such contract under such
section only upon a finding that use of such contract will
result in savings exceeding 10 percent of the total anticipated
costs of procuring an equivalent amount of fuel for the same
application through other means. If such estimated savings will
exceed 5 percent of the total anticipated costs of procuring an
equivalent amount of fuel for the same application through
other means, but not exceed 10 percent of such costs, the head
of the agency may initiate such contract under such section
only upon a finding in writing that an exceptionally strong
case has been made with regard to findings required in
paragraph (1).
(3) Limitation on use of authority.--No contract may be
entered into under the authority in section 2410r of title 10,
United States Code (as so added), until the regulations
required by paragraph (1) are prescribed.
(c) Relationship to Other Multiyear Contracting Authority.--Nothing
in this section or the amendments made by this section shall be
construed to preclude the Department of Defense from using other
applicable multiyear contracting authority of the Department of Defense
to purchase energy, including renewable energy.
SEC. 822. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR TRANSITION TO
FOLLOW-ON CONTRACTS UNDER AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
(a) Expansion of Scope of Pilot Program.--Paragraph (1) of section
845(e) of the National Defense Authorization Act for Fiscal Year 1994
(10 U.S.C. 2371 note) is amended by striking ``under prototype projects
carried out under this section'' and inserting ``developed under
prototype projects carried out under this section or research projects
carried out pursuant to section 2371 of title 10, United States Code''.
(b) Four-Year Extension of Authority.--Paragraph (4) of such
section is amended by striking ``September 30, 2008'' and inserting
``September 30, 2012''.
SEC. 823. EXCLUSION OF CERTAIN FACTORS IN CONSIDERATION OF COST
ADVANTAGES OF OFFERS FOR CERTAIN DEPARTMENT OF DEFENSE
CONTRACTS.
Not later than 90 days after the date of the enactment of this Act,
the Department of Defense Supplement to the Federal Acquisition
Regulation shall be revised to ensure that, in any competition for a
contract with a value in excess of $10,000,000, an offeror does not
receive an advantage for a proposal that would reduce costs for the
Department of Defense as a consequence of any corporate structure a
principal purpose of which is to enable the offeror to avoid the
payment of taxes to the Federal Government or any State government,
including taxes imposed under subtitle C of the Internal Revenue Code
of 1986 and any similar taxes imposed by a State government, for or on
behalf of employees of the offeror or any subsidiary or affiliate of
the offeror.
Subtitle D--Department of Defense Contractor Matters
SEC. 831. DATABASE FOR DEPARTMENT OF DEFENSE CONTRACTING OFFICERS AND
SUSPENSION AND DEBARMENT OFFICIALS.
(a) In General.--Subject to the authority, direction, and control
of the Secretary of Defense, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall establish and maintain a
database of information regarding integrity and performance of certain
persons awarded Department of Defense contracts for use by Department
of Defense officials having authority over contracts.
(b) Persons Covered.--The database shall cover any person awarded a
Department of Defense contract in excess of $500,000 if any information
described in subsection (c) exists with respect to such person.
(c) Information Included.--With respect to a person awarded a
Department of Defense contract, the database shall include information
(in the form of a brief description) for at least the most recent 5-
year period regarding the following:
(1) Each civil or criminal proceeding, or any
administrative proceeding, in connection with the award or
performance of a contract with the Federal Government or, to
the maximum extent practicable, a State government with respect
to the person during the period to the extent that such
proceeding results in the following dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of liability
that results in the payment of a monetary fine,
penalty, reimbursement, restitution, or damages of
$5,000 or more.
(C) In an administrative proceeding, a finding of
liability that results in--
(i) the payment of a monetary fine or
penalty of $5,000 or more; or
(ii) the payment of a reimbursement,
restitution, or damages in excess of $100,000.
(D) In a civil or administrative proceeding, a
disposition of the matter by consent or compromise if
the proceeding could have led to any of the outcomes
specified in subparagraph (A), (B), or (C).
(2) Each Federal contract and grant awarded to the person
that was terminated in such period due to default.
(3) Each Federal suspension and debarment of the person in
that period.
(4) Each Federal administrative agreement entered into by
the person and the Federal Government in that period to resolve
a suspension or debarment proceeding and, to the maximum extent
practicable, each agreement involving a suspension or debarment
proceeding entered into by the person and a State government in
that period.
(5) Each final finding by a Federal official in that period
that the person has been determined not to be a responsible
source under either subparagraph (C) or (D) of section 4(7) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(7)).
(d) Requirements Relating to Information in Database.--
(1) Direct input and update.--The Under Secretary shall
design and maintain the database in a manner that allows the
appropriate officials of the Department of Defense to directly
input and update in the information in the database relating to
actions such officials have taken with regard to contractors.
(2) Timeliness and accuracy.--The Under Secretary shall
develop policies to require--
(A) the timely and accurate input of information
into the database;
(B) notification of any covered person when
information relevant to the person is entered into the
database; and
(C) an opportunity for any covered person to submit
comments pertaining to information about such person in
the database.
(e) Use of Database.--
(1) Availability to government officials.--The Under
Secretary shall ensure that the database is available to all
acquisition professionals of the Department of Defense and to
Congress. This subsection does not limit the availability of
the database to other Department of Defense officials or to
government officials outside the Department of Defense that the
Under Secretary determines warrant access.
(2) Review and assessment of data.--
(A) In general.--Before awarding a contract in
excess of $500,000, the Department of Defense official
responsible for awarding the contract shall review the
database and shall consider information in the database
with regard to any offer, along with other past
performance information available with respect to that
offeror, in making any responsibility determination or
past performance evaluation for such offeror.
(B) Documentation in contract file.--The contract
file for each contract of the Department of Defense in
excess of $500,000 shall document the manner in which
the material in the database was considered in any
responsibility determination or past performance
evaluation.
(f) Disclosure in Applications.--Not later than 180 days after the
date of the enactment of this Act, the Defense Supplement to the
Federal Acquisition Regulation shall be amended to require that persons
with Department of Defense contracts valued in total greater than
$10,000,000 must semiannually submit to the Under Secretary a report
that includes the information subject to inclusion in the database as
listed in paragraphs (1) through (5) of subsection (c).
SEC. 832. ETHICS SAFEGUARDS FOR EMPLOYEES UNDER CERTAIN CONTRACTS FOR
THE PERFORMANCE OF ACQUISITION FUNCTIONS CLOSELY
ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS.
(a) Contract Clause Required.--Each contract (or task or delivery
order) in excess of $500,000 that calls for the performance of
acquisition functions closely associated with inherently governmental
functions for or on behalf of the Department of Defense shall include a
contract clause addressing financial conflicts of interests of
contractor employees who will be responsible for the performance of
such functions.
(b) Contents of Contract Clause.--The contract clause required by
subsection (a) shall, at a minimum--
(1) require the contractor to prohibit any employee of the
contractor from performing any functions described in
subsection (a) under such a contract (or task or delivery
order) relating to a program, company, contract, or other
matter in which the employee (or a member of the employee's
immediate family) has a financial interest without the express
written approval of the contracting officer;
(2) require the contractor to obtain, review, update, and
maintain as part of its personnel records a financial
disclosure statement from each employee assigned to perform
functions described in paragraph (1) under such a contract (or
task or delivery order) that is sufficient to enable the
contractor to ensure compliance with the requirements of
paragraph (1);
(3) require the contractor to prohibit any employee of the
contractor who is responsible for performing functions
described in paragraph (1) under such a contract (or task or
delivery order) relating to a program, company, contract, or
other matter from accepting a gift from the affected company or
from an individual or entity that has a financial interest in
the program, contract, or other matter;
(4) require the contractor to prohibit contractor personnel
who have access to non-public government information obtained
while performing work on such a contract (or task or delivery
order) from using such information for personal gain;
(5) require the contractor to take appropriate disciplinary
action in the case of employees who fail to comply with
prohibitions established pursuant to this section;
(6) require the contractor to promptly report any failure
to comply with the prohibitions established pursuant to this
section to the contracting officer for the applicable contract
or contracts;
(7) include appropriate definitions of the terms
``financial interest'' and ``gift'' that are similar to the
definitions in statutes and regulations applicable to Federal
employees;
(8) establish appropriate contractual penalties for
failures to comply with the requirements of paragraphs (1)
through (6); and
(9) provide such additional safeguards, definitions, and
exceptions as may be necessary to safeguard the public
interest.
(c) Functions Closely Associated With Inherently Governmental
Functions Defined.--In this section, the term ``functions closely
associated with inherently governmental functions'' has the meaning
given that term in section 2383(b)(3) of title 10, United States Code.
(d) Effective Date.--This section shall take effect 30 days after
the date of the enactment of this Act, and shall apply to--
(1) contracts entered on or after that effective date; and
(2) task or delivery orders awarded on or after that
effective date, regardless of whether the contracts pursuant to
which such task or delivery orders are awarded are entered
before, on, or after the date of the enactment of this Act.
SEC. 833. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR EMPLOYEES ON
THEIR WHISTLEBLOWER RIGHTS.
(a) In General.--The Secretary of Defense shall prescribe in
regulations a policy for informing employees of a contractor of the
Department of Defense of their whistleblower rights and protections
under section 2409 of title 10, United States Code, as implemented by
subpart 3.9 of part I of title 48, Code of Federal Regulations.
(b) Elements.--The regulations required by subsection (a) shall
include requirements as follows:
(1) Employees of Department of Defense contractors shall be
notified in writing of the provisions of section 2409 of title
10, United States Code.
(2) Notice to employees of Department of Defense
contractors under paragraph (1) shall state that the
restrictions imposed by any employee agreement or nondisclosure
agreement shall not supersede, conflict with, or otherwise
alter the employee rights created by section 2409 of title 10,
United States Code, or the regulations implementing such
section.
(c) Contractor Defined.--In this section, the term ``contractor''
has the meaning given that term in section 2409(e)(4) of title 10,
United States Code.
Subtitle E--Matters Relating to Iraq and Afghanistan
SEC. 841. PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF INHERENTLY
GOVERNMENTAL FUNCTIONS IN AN AREA OF COMBAT OPERATIONS.
(a) Modification of Regulations.--Not later than 60 days after the
date of the enactment of this Act, the regulations issued by the
Secretary of Defense pursuant to section 862(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
254; 10 U.S.C. 2302 note) shall be modified to ensure that private
security contractors are not authorized to perform inherently
governmental functions in an area of combat operations.
(b) Elements.--The modification of regulations pursuant to
subsection (a) shall provide, at a minimum, each of the following:
(1) That security operations for the protection of
resources (including people, information, equipment, and
supplies) in uncontrolled or unpredictable high threat
environments are inherently governmental functions if such
security operations--
(A) will be performed in highly hazardous public
areas where the risks are uncertain and could
reasonably be expected to require deadly force that is
more likely to be initiated by personnel performing
such security operations than by others; or
(B) could reasonably be expected to require
immediate discretionary decisions on the appropriate
course of action or the acceptable level of risk (such
as judgments on the appropriate level of force,
acceptable level of collateral damage, and whether the
target is friend or foe), the outcome of which could
significantly affect the life, liberty, or property of
private persons or the international relations of the
United States.
(2) That the agency awarding the contract has appropriate
mechanisms in place to ensure that private security contractors
operate in a manner consistent with the regulations issued by
the Secretary of Defense pursuant to such section 862(a), as
modified pursuant to this section.
(c) Periodic Review of Performance of Functions.--
(1) In general.--The Secretary of Defense shall, in
coordination with the heads of other appropriate agencies,
periodically review the performance of private security
functions in areas of combat operations to ensure that such
functions are authorized and performed in a manner consistent
with the requirements of this section.
(2) Reports.--Not later than June 1 of each of 2009, 2010,
and 2011, the Secretary shall submit to the congressional
defense committees a report on the results of the most recent
review conducted under paragraph (1).
SEC. 842. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR
PERSONNEL IN IRAQ AND AFGHANISTAN.
(a) In General.--Section 861(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
253; 10 U.S.C. 2302 note) is amended by adding the following new
paragraphs:
``(7) Mechanisms for ensuring that contractors are required
to report offenses described in paragraph (6) that are alleged
to have been committed by or against contractor personnel to
appropriate investigative authorities.
``(8) Responsibility for providing victim and witness
protection and assistance to contractor employees and other
persons supporting the mission of the United States Government
in Iraq or Afghanistan in connection with alleged offenses
described in paragraph (6).''.
(b) Implementation.--The memorandum of understanding required by
section 861(a) of the National Defense Authorization Act for Fiscal
Year 2008 shall be modified to address the requirements under the
amendment made by subsection (a) not later than 90 days after the date
of the enactment of this Act.
SEC. 843. CLARIFICATION AND MODIFICATION OF AUTHORITIES RELATING TO THE
COMMISSION ON WARTIME CONTRACTING IN IRAQ AND
AFGHANISTAN.
(a) Nature of Commission.--Subsection (a) of section 841 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 230) is amended by inserting ``in the legislative
branch'' after ``There is hereby established''.
(b) Pay and Annuities of Members and Staff on Federal
Reemployment.--Subsection (e) of such is amended by adding at the end
the following new paragraph:
``(8) Pay and annuities of members and staff on federal
reemployment.--If warranted by circumstances described in
subparagraph (A) or (B) of section 8344(i)(1) of title 5,
United States Code, or by circumstances described in
subparagraph (A) or (B) of section 8468(f)(1) of such title, as
applicable, a co-chairman of the Commission may exercise, with
respect to the members and staff of the Commission, the same
waiver authority as would be available to the Director of the
Office of Personnel Management under such section.''.
(c) Effective Date.--
(1) Nature of commission.--The amendment made by subsection
(a) shall take effect as of January 28, 2008, as if included in
the enactment of the National Defense Authorization Act for
Fiscal Year 2008.
(2) Pay and annuities.--The amendment made by subsection
(b) shall apply to members and staff of the Commission on
Wartime Contracting in Iraq and Afghanistan appointed or
employed, as the case may be, on or after that date.
SEC. 844. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND DEPOT
OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR OPERATIONS IN
IRAQ AND AFGHANISTAN.
(a) Audits Required.--The Army Audit Agency, the Navy Audit
Service, and the Air Force Audit Agency shall each conduct thorough
audits to identify potential waste, fraud, and abuse in the performance
of the following:
(1) Department of Defense contracts, subcontracts, and task
and delivery orders for--
(A) depot overhaul and maintenance of equipment for
the military in Iraq and Afghanistan; and
(B) spare parts for military equipment used in Iraq
and Afghanistan; and
(2) Department of Defense in-house overhaul and maintenance
of military equipment used in Iraq and Afghanistan.
(b) Comprehensive Audit Plan.--
(1) Plans.--The Army Audit Agency, the Navy Audit Service,
and the Air Force Audit Agency shall, in coordination with the
Inspector General of the Department of Defense, develop a
comprehensive plan for a series of audits to discharge the
requirements of subsection (a).
(2) Incorporation into required audit plan.--The plan
developed under paragraph (1) shall be submitted to the
Inspector General of the Department of Defense for
incorporation into the audit plan required by section 842(b)(1)
of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 234; 10 U.S.C. 2302 note).
(c) Independent Conduct of Audit Functions.--All audit functions
performed under this section, including audit planning and
coordination, shall be performed in an independent manner.
(d) Availability of Results.--All audit reports resulting from
audits under this section shall be made available to the Commission on
Wartime Contracting in Iraq and Afghanistan established pursuant to
section 841 of the National Defense Authorization Act for Fiscal Year
2008 (122 Stat. 230).
Subtitle F--Other Matters
SEC. 851. EXPEDITED HIRING AUTHORITY FOR THE DEFENSE ACQUISITION
WORKFORCE.
(a) In General.--For purposes of sections 3304, 5333, and 5753 of
title 5, United States Code, the Secretary of Defense may--
(1) designate any category of acquisition positions within
the Department of Defense as shortage category positions; and
(2) utilize the authorities in such sections to recruit and
appoint highly qualified persons directly to positions so
designated.
(b) Termination of Authority.--The Secretary may not appoint a
person to a position of employment under this section after September
30, 2012.
SEC. 852. SPECIFICATION OF SECRETARY OF DEFENSE AS ``SECRETARY
CONCERNED'' FOR PURPOSES OF LICENSING OF INTELLECTUAL
PROPERTY FOR THE DEFENSE AGENCIES AND DEFENSE FIELD
ACTIVITIES.
Subsection (e) of section 2260 of title 10, United States Code, is
amended to read as follows:
``(e) Definitions.--In this section:
``(1) The terms `trademark', `service mark', `certification
mark', and `collective mark' have the meanings given such terms
in section 45 of the Act of July 5, 1946 (commonly referred to
as the Trademark Act of 1946; 15 U.S.C. 1127).
``(2) The term `Secretary concerned' includes the Secretary
of Defense, with respect to matters concerning the Defense
Agencies and the defense field activities.''.
SEC. 853. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY SYSTEM
ESSENTIAL ITEM BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. MODIFICATION OF STATUS OF ASSISTANT TO THE SECRETARY OF
DEFENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGICAL DEFENSE
PROGRAMS.
Section 142 of title 10, United States Code, is amended by adding
at the end the following:
``(c) The Assistant to the Secretary shall be considered an
Assistant Secretary of Defense for purposes of section 138(d) of this
title.''.
SEC. 902. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS SYSTEM
MANAGEMENT COMMITTEE.
(a) Participation.--Subsection (a) of section 186 of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Deputy Chief Management Officer of the Department
of Defense.''.
(b) Service as Vice Chairman.--The second sentence of subsection
(b) of such section is amended to read as follows: ``The Deputy Chief
Management Officer of the Department of Defense shall serve as vice
chairman of the Committee, and shall act as chairman in the absence of
the Deputy Secretary of Defense.''.
SEC. 903. REPEAL OF OBSOLETE LIMITATIONS ON MANAGEMENT HEADQUARTERS
PERSONNEL.
(a) Repeal.--The following provisions of title 10, United States
Code, are repealed:
(1) Section 143.
(2) Section 194.
(3) Subsection (f) of section 3014.
(4) Subsection (f) of section 5014.
(5) Subsection (f) of section 8014.
(b) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 4 of
such title is amended by striking the item relating to section
143.
(2) The table of sections at the beginning of chapter 8 of
such title is amended by striking the item relating to section
194.
SEC. 904. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE DEPARTMENT OF
DEFENSE.
Section 8 of the Inspector General Act of 1978 (50 U.S.C. App. 8)
is amended by adding at the end the following new subsection:
``(h)(1) There is a General Counsel to the Inspector General of the
Department of Defense, who shall be appointed by the Inspector General
of the Department of Defense.
``(2)(A) Notwithstanding section 140(b) of title 10, United States
Code, the General Counsel is the chief legal officer of the Office of
the Inspector General.
``(B) The Inspector General is the exclusive legal client of the
General Counsel.
``(C) The General Counsel shall perform such functions as the
Inspector General may prescribe.
``(D) The General Counsel shall serve at the discretion of the
Inspector General.
``(3) There is an Office of the General Counsel to the Inspector
General of the Department of Defense. The Inspector General may appoint
to the Office to serve as staff of the General Counsel such legal
counsel as the Inspector General considers appropriate.''.
SEC. 905. ASSIGNMENT OF FORCES TO THE UNITED STATES NORTHERN COMMAND
WITH PRIMARY MISSION OF MANAGEMENT OF THE CONSEQUENCES OF
AN INCIDENT IN THE UNITED STATES HOMELAND INVOLVING A
CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR DEVICE, OR
HIGH-YIELD EXPLOSIVES.
(a) Findings.--Congress makes the following findings
(1) As noted in the June 2005 Department of Defense
Strategy for Homeland Defense and Civil Support, protecting the
United States homeland from attack is the highest priority of
the Department of Defense.
(2) As further noted in the June 2005 Department of Defense
Strategy for Homeland Defense and Civil Support, ``[i]n the
next ten years, terrorist groups, poised to attack the United
States and actively seeking to inflict mass casualties or
disrupt U.S. military operations, represent the most immediate
challenge to the nation's security''.
(3) The Department of Defense established the United States
Northern Command in October 2002 to provide command and control
of the homeland defense efforts of the Department of Defense
and to coordinate defense support of civil authorities,
including defense support for Federal consequence management of
chemical, biological, radiological, nuclear, or high-yield
explosive incidents.
(4) The Commission on the National Guard and Reserves and
the Government Accountability Office have criticized the
capacity of the Department of Defense to respond to an incident
in the United States homeland involving a chemical, biological,
radiological, or nuclear device, or high-yield explosives due
to a lack of capabilities to handle simultaneous weapons of
mass destruction events and a lack of coordination and planning
with the Department of Homeland Security and State and local
governments.
(5) According to testimony to Congress by the Commander of
United States Northern Command, the Secretary of Defense has
directed that a full-time, dedicated force be trained and
equipped by the end of fiscal year 2008 to provide defense
support to civil authorities in the case of a chemical,
biological, radiological, nuclear, or high-yield explosive
incident within the United States. This force is to be assigned
to the Commander of the United States Northern Command, and is
to be followed by two additional such forces, comprised of
units of the regular components of the Armed Forces and units
and personnel of the National Guard, and Reserve, to be
established over the course of fiscal years 2009 and 2010.
(6) The Department of Defense and United States Northern
Command have begun the process of identifying, training,
equipping, and assigning forces for the mission of managing the
consequences of chemical, biological, radiological, nuclear, or
high-yield explosive incidents in the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should, as part of a
Government-wide effort, make every effort to help protect the
citizens of this Nation from the threat of an attack on the
United States homeland involving a chemical, biological,
radiological, or nuclear device, or high-yield explosives by
terrorists or other aggressors;
(2) efforts to establish forces for the mission of managing
the consequences of chemical, biological, radiological,
nuclear, or high-yield explosive incidents in the United States
should receive the highest level of attention within the
Department of Defense; and
(3) the additional forces necessary for that mission should
be identified, trained, equipped, and assigned to United States
Northern Command as soon as possible.
(c) Reports Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and one year and two years
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the progress made
as of the date of such report in assigning to the United States
Northern Command forces having the primary mission of managing
the consequences of an incident in the United States homeland
involving a chemical, biological, radiological, or nuclear
device, or high-yield explosives.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) A description of the force structure, size,
composition, and location of the units and personnel of
the regular components of the Armed Forces, and the
units and personnel of the reserve components of the
Armed Forces, assigned to the United States Northern
Command that have the primary mission of managing the
consequences of an incident in the United States
homeland involving a chemical, biological,
radiological, or nuclear device, or high-yield
explosives.
(B) A description of the progress made in
developing procedures to mobilize and demobilize units
and personnel of the reserve components of the Armed
Forces that are assigned to the United States Northern
Command as described in subparagraph (A).
(C) A description of the progress being made in the
training and certification of units and personnel that
are assigned to United States Northern Command as
described in subparagraph (A).
(D) An assessment of the need to establish a
national training center for training units and
personnel of the Armed Forces in the management of the
consequences of an incident in the United States
homeland as described in subparagraph (A).
(E) A description of the progress made in
addressing the shortfalls in the management of the
consequences of an incident in the United States
homeland as described in subparagraph (A) that are
identified in--
(i) the reports of the Comptroller General
of the United States numbered GAO-08-251 and
GAO-08-252; and
(ii) the report of the Commission on the
National Guard and Reserve.
SEC. 906. BUSINESS TRANSFORMATION INITIATIVES FOR THE MILITARY
DEPARTMENTS.
(a) In General.--The Secretary of each military department shall,
acting through the Chief Management Officer of such military
department, carry out an initiative for the business transformation of
such military department.
(b) Objectives.--The objectives of the business transformation
initiative of a military department under this section shall include,
at a minimum, the following:
(1) The development of a comprehensive business
transformation plan, with measurable performance goals and
objectives, to achieve an integrated management system for the
business operations of the military department.
(2) The development of a well-defined enterprise-wide
business systems architecture and transition plan encompassing
end-to-end business processes and capable of providing
accurately and timely information in support of business
decisions of the military department.
(3) The implementation of the business transformation plan
developed pursuant to paragraph (1) and the business systems
architecture and transition plan developed pursuant to
paragraph (2).
(c) Business Transformation Offices.--
(1) Establishment.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of each military
department shall establish within such military department an
office (to be known as the ``Office of Business
Transformation'' of such military department) to assist the
Chief Management Officer of such military department in
carrying out the initiative required by this section for such
military department.
(2) Head.--The Office of Business Transformation of a
military department under this subsection shall be headed by a
Director of Business Transformation, who shall be appointed by
the Chief Management Officer of the military department, in
consultation with the Director of the Business Transformation
Agency of the Department of Defense, from among individuals
with significant experience managing large-scale organizations
or business transformation efforts.
(3) Supervision.--The Director of Business Transformation
of a military department under paragraph (2) shall report
directly to the Chief Management Officer of the military
department, subject to policy guidance from the Director of the
Business Transformation Agency of the Department of Defense.
(4) Authority.--In carrying out the initiative required by
this section for a military department, the Director of
Business Transformation of the military department under
paragraph (2) shall have the authority to require elements of
the military department to carry out actions that are within
the purpose and scope of the initiative.
(d) Responsibilities of Business Transformation Offices.--The
Office of Business Transformation of a military department established
pursuant to subsection (b) shall be responsible for the following:
(1) Transforming the budget, finance, and accounting
operations of the military department in a manner that is
consistent with the business transformation plan developed
pursuant to subsection (b)(1).
(2) Eliminating or replacing financial management systems
of the military department that are inconsistent with the
business systems architecture and transition plan developed
pursuant to subsection (b)(2).
(3) Ensuring that the business transformation plan and the
business systems architecture and transition plan are
implemented in a manner that is aggressive, realistic, and
accurately measured.
(e) Required Elements.--In carrying out the initiative required by
this section for a military department, the Chief Management Officer
and the Director of Business Transformation of the military department
shall ensure that each element of the initiative is consistent with--
(1) the requirements of the Business Enterprise
Architecture and Transition Plan developed by the Secretary of
Defense pursuant to section 2222 of title 10, United States
Code;
(2) the Standard Financial Information Structure of the
Department of Defense;
(3) the Federal Financial Management Improvement Act of
1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and regulation.
(f) Reports on Implementation.--
(1) Initial reports.--Not later than six months after the
date of the enactment of this Act, the Chief Management Officer
of each military department shall submit to the congressional
defense committees a report on the actions taken, and on the
actions planned to be taken, by such military department to
implement the requirements of this section.
(2) Updates.--Not later than March 1 of each of 2010, 2011,
and 2012, the Chief Management Officer of each military
department shall submit to the congressional defense committees
a current update of the report submitted by such Chief
Management Officer under paragraph (1).
Subtitle B--Space Matters
SEC. 911. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to clarify the
national security space policy and strategy of the United States for
the near term, the Secretary of Defense and the Director of National
Intelligence shall jointly conduct a comprehensive review of the space
posture of the United States over the posture review period.
(b) Elements of Review.--The review conducted under subsection (a)
shall include, for the posture review period, the following:
(1) The definition, policy, requirements, and objectives
for each of the following:
(A) Space situational awareness.
(B) Space control.
(C) Space superiority, including defensive and
offensive counterspace and protection.
(D) Force enhancement and force application.
(E) Space-based intelligence and surveillance and
reconnaissance from space.
(F) Integration of space and ground control and
user equipment.
(G) Any other matter the Secretary considers
relevant to understanding the space posture of the
United States.
(2) A description of current and planned space acquisition
programs that are in acquisition categories 1 and 2, including
how each such program will address the policy, requirements,
and objectives described under each of subparagraphs (A)
through (G) of paragraph (1).
(3) A description of future space systems and technology
development (other than such systems and technology in
development as of the date of the enactment of this Act)
necessary to address the policy, requirements, and objectives
described under each of subparagraphs (A) through (G) of
paragraph (1).
(4) An assessment of the relationship among the following:
(A) United States military space policy.
(B) National security space policy.
(C) National security space objectives.
(D) Arms control policy.
(E) Export control policy.
(5) An assessment of the effect of the military and
national security space policy of the United States on the
proliferation of weapons capable of targeting objects in space
or objects on Earth from space.
(c) Report.--
(1) In general.--Not later than December 1, 2009, the
Secretary of Defense and the Director of National Intelligence
shall jointly submit to the congressional committees specified
in paragraph (3) a report on the review conducted under
subsection (a).
(2) Form of report.--The report under this subsection shall
be submitted in unclassified form, but may include a classified
annex.
(3) Committees.--The congressional committees specified in
this paragraph are--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(d) Posture Review Period Defined.--In this section, the term
``posture review period'' means the 10-year period beginning on
February 1, 2009.
Subtitle C--Defense Intelligence Matters
SEC. 921. REQUIREMENT FOR OFFICERS OF THE ARMED FORCES ON ACTIVE DUTY
IN CERTAIN INTELLIGENCE POSITIONS.
(a) In General.--Effective as of October 1, 2008, the individual
serving in each position specified in subsection (b) shall be a
commissioned officer of the Armed Forces on active duty.
(b) Specified Positions.--The positions specified in this
subsection are the positions as follows:
(1) Principal deputy to the senior military officer serving
as the Deputy Chief of the Army Staff for Intelligence.
(2) Principal deputy to the senior military officer serving
as the Director of Intelligence for the Chief of Naval
Operations.
(3) Principal deputy to the senior military officer serving
as the Assistant to the Air Force Chief of Staff for
Intelligence.
SEC. 922. TRANSFER OF MANAGEMENT OF INTELLIGENCE SYSTEMS SUPPORT
OFFICE.
(a) Transfer of Management Generally.--
(1) Transfer.--Except as provided in subsection (b),
management of the Intelligence Systems Support Office, and all
programs and activities of that office as of April 1, 2008,
including the Foreign Materials Acquisitions program, shall be
transferred to the Defense Intelligence Agency.
(2) Management.--The programs and activities of the
Intelligence Systems Support Office transferred under paragraph
(1) shall, after transfer under that paragraph, be managed by
the Director of the Defense Intelligence Agency.
(b) Transfer of Management of Center for International Issues
Research.--
(1) Transfer.--Management of the Center for International
Issues Research shall be transferred to the Office of the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict.
(2) Management.--The Center for International Issues
Research shall, after transfer under paragraph (1), be managed
by the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.
(c) Deadline for Transfers of Management.--The transfers of
management required by subsections (a) and (b) shall occur not later
than 30 days after the date of the enactment of this Act.
(d) Limitation on Certain Authority of USD for Intelligence.--
Effective as of December 1, 2008, the Under Secretary of Defense for
Intelligence may not establish or maintain the capabilities as follows:
(1) A capability to execute programs of technology or
systems development and acquisition.
(2) A capability to provide operational support to
combatant commands.
SEC. 923. PROGRAM ON ADVANCED SENSOR APPLICATIONS.
(a) Program Required.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall provide for the
carrying out of a program on advanced sensor applications in
order to provide for the evaluation by the Department of
Defense on scientific and engineering grounds of foreign
technology utilized for the detection and tracking of
submarines.
(2) Designation.--The program under this section shall be
known as the ``Advanced Sensor Applications Program''.
(b) Responsibility for Execution of Program.--The program under
this section shall be carried out by the Commander of the Naval Air
Systems Command in consultation with the Program Executive Officer for
Aviation of the Department of the Navy and the Director of Special
Programs for the Chief of Naval Operations.
(c) Program Requirements and Limitations.--
(1) Access to certain information.--In carrying out the
program under this section, the Commander of the Naval Air
Systems Command shall--
(A) have complete access to all United States
intelligence relating to the detection and tracking of
submarines; and
(B) be kept currently apprised of information and
assessments of the Office of Naval Intelligence, the
Defense Intelligence Agency, and the Central
Intelligence Agency, and of information and assessments
of the intelligence services of allies of the United
States that are available to the United States, on
matters relating to the detection and tracking of
submarines.
(2) Independence of program.--The program under this
section shall be carried out independently of the Office of
Naval Intelligence, the Defense Intelligence Agency, the
Central Intelligence Agency, and any other element of the
intelligence community.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2009 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$5,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION INTO ACT OF TABLES IN THE REPORT OF THE
COMMITTEE ON ARMED SERVICES OF THE SENATE.
(a) Incorporation.--Each funding table in the report of the
Committee on Armed Services of the Senate to accompany the bill S. ___
of the 110th Congress is hereby incorporated into this Act and is
hereby made a requirement in law. Items in each such funding table
shall be binding on agency heads in the same manner and to the same
extent as if such funding table was included in the text of this Act,
unless transfers of funding for such items are approved in accordance
with established procedures.
(b) Merit-Based Decisions.--Decisions by agency heads to commit,
obligate, or expend funds on the basis of any funding table
incorporated into this Act pursuant to subsection (a) shall be based on
authorized, transparent, statutory criteria, and merit-based
decisionmaking in accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, and other applicable
provisions of law.
(c) Oral and Written Communications.--No oral or written
communication concerning any item in a funding table incorporated into
this Act under subsection (a) shall supersede the requirements of
subsection (b).
SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2009.
(a) Fiscal Year 2009 Limitation.--The total amount contributed by
the Secretary of Defense in fiscal year 2009 for the common-funded
budgets of NATO may be any amount up to, but not in excess of, the
amount specified in subsection (b) (rather than the maximum amount that
would otherwise be applicable to those contributions under the fiscal
year 1998 baseline limitation).
(b) Total Amount.--The amount of the limitation applicable under
subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of
fiscal year 2008, of funds appropriated for fiscal years before
fiscal year 2009 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be
made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be appropriated by
titles II and III of this Act are available for contributions for the
common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $1,049,000
for the Civil Budget.
(2) Of the amount provided in section 301(1), $408,788,000
for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term ``common-
funded budgets of NATO'' means the Military Budget, the
Security Investment Program, and the Civil Budget of the North
Atlantic Treaty Organization (and any successor or additional
account or program of NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. GOVERNMENT RIGHTS IN DESIGNS OF DEPARTMENT OF DEFENSE
VESSELS, BOATS, CRAFT, AND COMPONENTS DEVELOPED USING
PUBLIC FUNDS.
(a) In General.--Chapter 633 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7317. Government rights in designs of Department of Defense
vessels, boats, craft, and components developed using
public funds
``(a) In General.--Government rights in the design of a vessel,
boat, or craft, and its components, including the hull, decks,
superstructure, and all shipboard equipment and systems, developed in
whole or in part using public funds shall be determined solely as
follows:
``(1) In the case of a vessel, boat, craft, or component
procured through a contract, in accordance with the provisions
of section 2320 of this title.
``(2) In the case of a vessel, boat, craft, or component
procured through an instrument not governed by section 2320 of
this title, by the terms of the instrument (other than a
contract) under which the design for such vessel, boat, craft,
or component, as applicable, was developed for the Government.
``(b) Construction of Superseding Authorities.--This section may be
modified or superseded by a provision of statute only if such provision
expressly refers to this section in modifying or superseding this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 633 of such title is amended by adding at the end the following
new item:
``7317. Government rights in designs of Department of Defense vessels,
boats, craft, and components developed
using public funds.''.
SEC. 1012. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS OPERATIONS.
(a) In General.--Amounts appropriated for operation and maintenance
for the Navy may be used to pay the charge established under section
1011 of title 37, United States Code, for meals sold by messes for
United States Navy and Naval Auxiliary vessels to the following:
(1) Members of nongovernmental organizations and officers
or employees of host and foreign nations when participating in
or providing support to United States civil-military
operations.
(2) Foreign national patients treated on Naval vessels
during the conduct of United States civil-military operations,
and their escorts.
(b) Expiration of Authority.--The authority to pay for meals under
subsection (a) shall expire on September 30, 2010.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (10 U.S.C. 371 note) is amended by striking ``through
2008'' and inserting ``through 2009''.
SEC. 1022. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF FUNDS FOR UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as
amended by section 1023 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2382), is further amended--
(1) in subsection (a)(1), by striking ``through 2008'' and
inserting ``through 2010''; and
(2) in subsection (c), by striking ``through 2008'' and
inserting ``through 2010''.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF EQUIPMENT FOR
HOMELAND SECURITY AND EMERGENCY RESPONSE ACTIVITIES
THROUGH THE DEPARTMENT OF DEFENSE.
(a) Expansion of Procurement Authority To Include Equipment for
Homeland Security and Emergency Response Activities.--
(1) Procedures.--Subsection (a)(1) of section 381 of title
10, United States Code, is amended--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``law
enforcement''; and
(II) by inserting ``, homeland
security, and emergency response''
after ``counter-drug'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``, homeland
security, or emergency response'' after
``counter-drug''; and
(II) in clause (i), by striking
``law enforcement'';
(iii) in subparagraph (C), by striking
``law enforcement'' each place it appears; and
(iv) in subparagraph (D), by striking ``law
enforcement''.
(2) GSA catalog.--Subsection (c) of such section is
amended--
(A) by striking ``law enforcement''; and
(B) by inserting ``, homeland security, and
emergency response'' after ``counter-drug''.
(3) Definitions.--Subsection (d) of such section is
amended--
(A) in paragraph (2), by inserting ``or emergency
response'' after ``law enforcement'' both places it
appears; and
(B) in paragraph (3)--
(i) by striking ``law enforcement'';
(ii) by inserting ``, homeland security,
and emergency response'' after ``counter-
drug''; and
(iii) by inserting ``and, in the case of
equipment for homeland security activities, may
not include any equipment that is not found on
the Authorized Equipment List published by the
Department of Homeland Security'' after
``purposes''.
(b) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 381. Procurement of equipment by State and local governments
through the Department of Defense: equipment for counter-
drug, homeland security, and emergency response
activities''.
(2) Table of sections.--The table of sections at the
beginning of chapter 18 of such title is amended by striking
the item relating to section 381 and inserting the following
new item:
``381. Procurement of equipment by State and local governments through
the Department of Defense: equipment for
counter-drug, homeland security, and
emergency response activities.''.
SEC. 1032. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES GOVERNMENT
TO CONDUCT COMPLEX OPERATIONS.
(a) In General.--Chapter 20 of title 10, United States Code, is
amended by adding the following new section:
``Sec. 409. Center for Complex Operations
``(a) Center Authorized.--The Secretary of Defense may establish
within the Department of Defense a center to be known as the `Center
for Complex Operations' (in this section referred to as the `Center').
``(b) Purposes.--The purposes of the Center established under
subsection (a) shall be the following:
``(1) To provide for effective coordination in the
preparation of Department of Defense personnel and other United
States Government personnel for complex operations.
``(2) To foster unity of effort among the departments and
agencies of the United States Government, foreign governments
and militaries, international organizations, and
nongovernmental organizations in their participation in complex
operations.
``(3) To conduct research, collect, analyze, and distribute
lessons learned, and compile best practices in matters relating
to complex operations.
``(4) To identify gaps in the education and training of
Department of Defense personnel, and other United States
Government personnel, relating to complex operations, and to
facilitate efforts to fill such gaps.
``(c) Support From Other United States Government Agencies.--The
head of any non-Department of Defense department or agency of the
United States Government may--
``(1) provide to the Secretary of Defense services,
including personnel support, to support the operations of the
Center; and
``(2) transfer funds to the Secretary of Defense to support
the operations of the Center.
``(d) Acceptance of Gifts and Donations.--(1) Subject to paragraph
(3), the Secretary of Defense may accept from any source specified in
paragraph (2) any gift or donation for purposes of defraying the costs
or enhancing the operations of the Center.
``(2) The sources specified in this paragraph are the following:
``(A) The government of a State or a political subdivision
of a State.
``(B) The government of a foreign country.
``(C) A foundation or other charitable organization,
including a foundation or charitable organization that is
organized or operates under the laws of a foreign country.
``(D) Any source in the private sector of the United States
or a foreign country.
``(3) The Secretary may not accept a gift or donation under this
subsection if acceptance of the gift or donation would compromise or
appear to compromise--
``(A) the ability of the Department of Defense, any
employee of the Department, or any member of the armed forces
to carry out the responsibility or duty of the Department in a
fair and objective manner; or
``(B) the integrity of any program of the Department or of
any person involved in such a program.
``(4) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining the applicability of paragraph
(3) to any proposed gift or donation under this subsection.
``(e) Crediting of Funds Transferred or Accepted.--Funds
transferred to or accepted by the Secretary of Defense under this
section shall be credited to appropriations available to the Department
of Defense for the Center, and shall be available for the same
purposes, and subject to the same conditions and limitations, as the
appropriations with which merged. Any funds so transferred or accepted
shall remain available until expended.
``(f) Definitions.--In this section:
``(1) The term `complex operation' means an operation as
follows:
``(A) A stability operation.
``(B) A security operation.
``(C) A transition and reconstruction operation.
``(D) A counterinsurgency operation.
``(E) An operation consisting of irregular warfare.
``(2) The term `gift or donation' means any gift or
donation of funds, materials (including research materials),
real or personal property, or services (including lecture
services and faculty services).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding at the end the following
new item:
``409. Center for Complex Operations.''.
SEC. 1033. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO PROPERTY
FUNDED FROM A DEPARTMENT OF DEFENSE WORKING CAPITAL FUND.
Section 7623(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) in paragraph (1), as so designated, by striking the
last sentence; and
(3) by adding at the end the following new paragraph:
``(2)(A) Except as provided in subparagraph (B), amounts received
under this section shall be covered into the Treasury as miscellaneous
receipts.
``(B) Amounts received under this section for damage or loss to
property operated and maintained with funds from a Department of
Defense working capital fund or account shall be credited to that fund
or account.''.
SEC. 1034. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR AIRLIFT SERVICES
FROM CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR
FLEET.
(a) In General.--Chapter 931 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9515. Airlift services: minimum annual purchase amount for
carriers participating in Civil Reserve Air Fleet
``(a) In General.--The Secretary of Defense may award to an air
carrier or an air carrier contractor team arrangement participating in
the Civil Reserve Air Fleet on a fiscal year basis a one-year contract
for airlift services with a minimum purchase amount under such contract
determined in accordance with this section.
``(b) Eligible Carriers.--In order to be eligible for payments
under the minimum purchase amount provided by this section, an air
carrier (or any air carrier participating in an air carrier contractor
team arrangement)--
``(1) if under contract with the Department of Defense in
the prior fiscal year, shall have an average on-time pick up
rate, based on factors within such air carrier's control, of at
least 90 percent;
``(2) shall offer such amount of commitment to the Civil
Reserve Air Fleet in excess of the minimum required for
participation in the Civil Reserve Air Fleet as the Secretary
of Defense shall specify for purposes of this section; and
``(3) may not have refused a Department of Defense request
to act as a host for other Civil Reserve Air Fleet carriers at
intermediate staging bases during the prior fiscal year.
``(c) Aggregate Minimum Purchase Amount.--(1) The aggregate amount
of the minimum purchase amount for all contracts awarded under
subsection (a) for a fiscal year shall be based on forecast needs, but
may not exceed the amount equal to 80 percent of the average annual
expenditure of the Department of Defense for commercial airlift
services during the five-fiscal year period ending in the fiscal year
before the fiscal year for which such contracts are awarded.
``(2) In calculating the average annual expenditure of the
Department of Defense for airlift services for purposes of paragraph
(1), the Secretary of Defense shall omit from the calculation any
fiscal year exhibiting unusually high demand for commercial airlift
services if the Secretary determines that the omission of such fiscal
year from the calculation will result in a more accurate forecast of
anticipated commercial airlift services for purposes of that paragraph.
``(d) Allocation of Minimum Purchase Among Contracts.--(1) The
aggregate amount of the minimum purchase amount for all contracts
awarded under subsection (a) for a fiscal year, as determined under
subsection (c), shall be allocated among all air carriers and air
carrier contractor team arrangements awarded contracts under subsection
(a) for such fiscal year in proportion to the commitments of such
carriers to the Civil Reserve Air Fleet for such fiscal year.
``(2) In determining the minimum purchase amount payable under
paragraph (1) under a contract under subsection (a) for airlift
services provided by an air carrier or air carrier contractor team
arrangement during the fiscal year covered by such contract, the
Secretary of Defense may adjust the amount allocated to such carrier or
arrangement under paragraph (2) to take into account periods during
such fiscal year when airlift services of such carrier or a carrier in
such arrangement are unavailable for usage by the Department of
Defense, including during periods of refused business or suspended
operations or when such carrier is placed in nonuse status pursuant to
section 2640 of this title for safety reasons.
``(e) Distribution of Amounts.--If any amount available under this
section for the minimum purchase of airlift services from a carrier or
air carrier contractor team arrangement for a fiscal year under a
contract under subsection (a) is not utilized to purchase airlift
services from the carrier or arrangement in such fiscal year, such
amount shall be provided to the carrier or arrangement before the first
day of the following fiscal year.
``(f) Commitment of Funds.--(1) The Secretary of each military
department shall transfer to the transportation working capital fund a
percentage of the total amount anticipated to be required in such
fiscal year for the payment of minimum purchase amounts under all
contracts awarded under subsection (a) for such fiscal year equivalent
to the percentage of the anticipated use of airlift services by such
military department during such fiscal year from all carriers under
contracts awarded under subsection (a) for such fiscal year.
``(2) Any amounts required to be transferred under paragraph (1)
shall be transferred by the last day of the fiscal year concerned to
meet the requirements of subsection (e) unless minimum purchase amounts
have already been distributed by the Secretary of Defense under
subsection (e) as of that date.
``(g) Availability of Airlift Services.--(1) From the total amount
of airlift services available for a fiscal year under all contracts
awarded under subsection (a) for such fiscal year, a military
department shall be entitled to obtain a percentage of such airlift
services equal to the percentage of the contribution of the military
department to the transportation working capital fund for such fiscal
year under subsection (f).
``(2) A military department may transfer any entitlement to airlift
services under paragraph (1) to any other military department or to any
other agency, element, or component of the Department of Defense.
``(h) Sunset.--The authorities in this section shall expire on
December 31, 2015.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 941 of such title is amended by adding at the end the following
new item:
``9515. Airlift services: minimum annual purchase amount for carriers
participating in Civil Reserve Air
Fleet.''.
SEC. 1035. TERMINATION DATE OF BASE CONTRACT FOR THE NAVY-MARINE CORPS
INTRANET.
Section 814 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-215), as amended by section 362 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1065) and Public Law 107-254 (116 Stat. 1733), is further amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection (j):
``(j) Termination Date of Base Contract for Navy-Marine Corps
Intranet.--Notwithstanding subsection (i), the base contract of the
Navy-Marine Corps Intranet contract may terminate on October 31,
2010.''.
SEC. 1036. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR
PERSONNEL.
(a) Regulations Required.--Effective as of the date that is one
year after the date of the enactment of this Act, the Department of
Defense manpower mix criteria and the Department of Defense Supplement
to the Federal Acquisition Regulation shall be revised to provide
that--
(1) the interrogation of enemy prisoners of war, civilian
internees, retained persons, other detainees, terrorists, and
criminals when captured, transferred, confined, or detained
during or in the aftermath of hostilities is an inherently
governmental function and cannot be transferred to private
sector contractors who are beyond the reach of controls
otherwise applicable to government personnel; and
(2) properly trained and cleared contractors may be used as
linguists, interpreters, report writers, and information
technology technicians if their work is properly reviewed by
appropriate government officials.
(b) Penalties.--The obligation or expenditure of Department of
Defense funds for a contract that is not in compliance with the
regulations issued pursuant to this section is a violation of section
1341(a)(1)(A) of title 31, United States Code.
SEC. 1037. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH RESPECT TO
CERTAIN NONPROLIFERATION AND PROLIFERATION ACTIVITIES.
(a) Notification With Respect to Nonproliferation Activities.--The
Secretary of Defense, the Secretary of Energy, the Secretary of
Commerce, the Secretary of State, and the Nuclear Regulatory Commission
shall keep the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives informed
with respect to--
(1) any activities undertaken by any such Secretary or the
Commission to carry out the purposes and policies of the
Secretaries and the Commission with respect to nonproliferation
programs; and
(2) any other activities undertaken by any such Secretary
or the Commission to prevent the proliferation of nuclear,
chemical, or biological weapons or the means of delivery of
such weapons.
(b) Notification With Respect to Proliferation Activities in
Foreign Nations.--
(1) In general.--The Director of National Intelligence
shall keep the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
fully and currently informed with respect to any activities of
foreign nations that are significant with respect to the
proliferation of nuclear, chemical, or biological weapons or
the means of delivery of such weapons.
(2) Fully and currently informed defined.--For purposes of
paragraph (1), the term ``fully and currently informed'' means
the transmittal of credible information with respect to an
activity described in such paragraph not later than 60 days
after becoming aware of the activity.
SEC. 1038. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.
(a) Findings.--Congress makes the following findings:
(1) The unauthorized transfer of nuclear weapons from Minot
Air Force Base, North Dakota, to Barksdale Air Force Base,
Louisiana, in August 2007 was an extraordinary breach of the
command and control and security of nuclear weapons.
(2) The reviews conducted following that unauthorized
transfer found that the ability of the Department of Defense to
provide oversight of nuclear weapons matters had degenerated
and that senior level attention to nuclear weapons management
is minimal at best.
(3) The lack of attention to nuclear weapons and related
equipment by the Department of Defense was demonstrated again
when it was discovered in March 2008 that classified equipment
from Minuteman III intercontinental ballistic missiles was
inadvertently shipped to Taiwan in 2006.
(4) The Department of Defense has insufficient capability
and staffing in the Office of the Under Secretary of Defense
for Policy to provide the necessary oversight of the nuclear
weapons functions of the Department.
(5) The key senior position responsible for nuclear weapons
matters in the Department of Defense, the Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological
Defense Programs, a position filled by appointment by and with
the advice and consent of the Senate, has been vacant for more
than 18 months.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should maintain clear and unambiguous
command and control of its nuclear weapons;
(2) the safety and security of nuclear weapons and related
equipment should be a high priority as long as the United
States maintains a stockpile of nuclear weapons;
(3) the President should take immediate steps to nominate a
qualified individual for the position of Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological
Defense Programs; and
(4) the Secretary of Defense should establish and fill a
senior position, at the level of Assistant Secretary or Deputy
Under Secretary, within the Office of the Under Secretary of
Defense for Policy to be responsible solely for the strategic
and nuclear weapons policy of the Department of Defense.
SEC. 1039. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-FEDERAL
AVIATION ADMINISTRATION EXECUTIVE COMMITTEE ON CONFLICT
AND DISPUTE RESOLUTION.
(a) Findings.--Congress makes the following findings:
(1) Unmanned aerial systems (UAS) of the Department of
Defense, like the Predator and the Global Hawk, have become a
critical component of military operations. Unmanned aerial
systems are indispensable in the conflict against terrorism and
the campaigns in Afghanistan and Iraq.
(2) Unmanned aerial systems of the Department of Defense
must operate in the National Airspace System (NAS) for
training, operational support to the combatant commands, and
support to domestic authorities in emergencies and national
disasters.
(3) The Department of Defense has been lax in developing
certifications of airworthiness for unmanned aerial systems,
qualifications for operators of unmanned aerial systems,
databases on safety matters relating to unmanned aerial
systems, and standards, technology, and procedures that are
necessary for routine access of unmanned aerial systems to the
National Airspace System.
(4) As recognized in a Memorandum of Agreement for
Operation of Unmanned Aircraft Systems in the National Airspace
System signed by the Deputy Secretary of Defense and the
Administrator of the Federal Aviation Administration in
September 2007, it is vital for the Department of Defense and
the Federal Aviation Administration to collaborate closely to
achieve progress in gaining access for unmanned aerial systems
to the National Airspace System to support military
requirements.
(5) The Department of Defense and the Federal Aviation
Administration have jointly and separately taken significant
actions to improve the access of unmanned aerial systems of the
Department of Defense to the National Airspace System, but
overall, the pace of progress in access of such systems to the
National Airspace System has been insufficient and poses a
threat to national security.
(6) Techniques and procedures can be rapidly acquired or
developed to temporarily permit safe operations of unmanned
aerial systems in the National Airspace System until permanent
safe operations of such systems in the National Airspace System
can be achieved.
(7) Identifying, developing, approving, implementing, and
monitoring the adequacy of these techniques and procedures may
require the establishment of a joint Department of Defense-
Federal Aviation Administration executive committee reporting
to the highest levels of the Department of Defense and the
Federal Aviation Administration on matters relating to the
access of unmanned aerial systems of the Department of Defense
to the National Airspace System.
(8) Joint management attention at the highest levels of the
Department of Defense and the Federal Aviation Administration
may also be required on other important issues, such as type
ratings for aerial refueling aircraft.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should seek an agreement with the Administrator of
the Federal Aviation Administration to jointly establish within the
Department of Defense and the Federal Aviation Administration a joint
Department of Defense-Federal Aviation Administration executive
committee on conflict and dispute resolution which would--
(1) act as a focal point for the resolution of disputes on
matters of policy and procedures between the Department of
Defense and the Federal Aviation Administration with respect
to--
(A) airspace, aircraft certifications, and aircrew
training; and
(B) other issues brought before the joint executive
committee by the Department of Defense or the
Department of Transportation;
(2) identify solutions to the range of technical,
procedural, and policy concerns arising in the disputes
described in paragraph (1); and
(3) identify solutions to the range of technical,
procedural, and policy concerns arising in the integration of
Department of Defense unmanned aerial systems into the National
Airspace System in order to achieve the increasing, and
ultimately routine, access of such systems into the National
Airspace System.
SEC. 1040. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, STRATEGIC
LIFT AIRCRAFT FOR CIVILIAN USE.
(a) Findings.--Congress makes the following findings:
(1) The 2004 Quadrennial Defense Review (as submitted to
Congress in 2005) and the 2005 Mobility Capability Study
determined that the United States Transportation Command
requires a force of 292 organic strategic lift aircraft,
augmented by procurement of airlift service from commercial air
carriers participating in the Civil Reserve Air Fleet, to meet
the demands of the National Military Strategy. Congress has
authorized and appropriated funds for 301 strategic airlift
aircraft.
(2) The Commander of the United States Transportation
Command has testified to Congress that it is essential to
safeguard the capabilities and capacity of the Civil Reserve
Air Fleet to meet wartime surge demands in connection with
major combat operations, and that procurement by the Air Force
of excess organic strategic lift aircraft would be harmful to
the health of the Civil Reserve Air Fleet.
(3) The C-17 Globemaster aircraft is the workhorse of the
Air Mobility Command in the Global War on Terror. Production of
the C-17 Globemaster aircraft is scheduled to cease in 2009,
upon completion of the aircraft remaining to be procured by the
Air Force.
(4) The Federal Aviation Administration has informed the
Committee on Armed Services of the Senate that no fewer than
six commercial operators have expressed interest in procuring a
commercial variant of the C-17 Globemaster aircraft. Commercial
sale of the C-17 Globemaster aircraft would require that the
Department of Defense or Congress determine that it is in the
national interest for the Federal Aviation Administration to
proceed with the issuance of a type certificate for surplus
aircraft of the Armed Forces in accordance with section 21.27
of title 14, Code of Federal Regulations.
(5) C-17 Globemaster aircraft sold for commercial use could
be made available to the Civil Reserve Air Fleet, thus
strengthening the capabilities and capacity of the Civil
Reserve Air Fleet.
(6) The sale of a commercial variant of the C-17
Globemaster to Civil Reserve Air Fleet partners would
strengthen the United States industrial base.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should--
(1) review the benefits and feasibility of pursuing a
commercial-military cargo initiative for the C-17 Globemaster
aircraft and determine whether such an initiative is in the
national interest; and
(2) if the Secretary determines that such an initiative is
in the national interest, take appropriate actions to
coordinate with the Federal Aviation Administration to achieve
the type certification for such aircraft required by section
21.27 of title 14, Code of Federal Regulations.
Subtitle E--Reports
SEC. 1051. REPEAL OF REQUIREMENT TO SUBMIT CERTAIN ANNUAL REPORTS TO
CONGRESS REGARDING ALLIED CONTRIBUTIONS TO THE COMMON
DEFENSE.
(a) Repeal of Certain Reports on Allied Contributions to the Common
Defense.--Section 1003 of the Department of Defense Authorization Act,
1985 (Public Law 95-525; 98 Stat. 2576) is amended by striking
subsections (c) and (d).
(b) Repeal of Report on Cost-Sharing.--Section 1313 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2894) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsections (c).
SEC. 1052. REPORT ON DETENTION OPERATIONS IN IRAQ.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on detention operations at
theater internment facilities in Iraq during the period beginning on
January 1, 2007, and ending on the date of the report.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A detailed description of the policies and procedures
governing detention operations at theater internment facilities
in Iraq during the period covered by the report, and a
description of any changes to such policies and procedures
during that period intended to incorporate counterinsurgency
doctrine within such detention operations.
(2) A detailed description of the policies and programs
instituted to prepare detainees for reintegration following
their release from detention in theater interment facilities in
Iraq, including programs of family visits and outreach,
religious counseling, literacy, basic education, and vocational
skills.
(3) A detailed description of the procedures for reviewing
the detention status of individuals under detention in theater
detention facilities in Iraq during the period covered by the
report, including the procedures of the Multinational Forces
Review Committee, and an assessment of the effect, if any, on
United States detention policy and procedures with respect to
Iraq of the General Amnesty Law approved by the Council of
Representatives on February 13, 2008, and signed by the
Presidency Council on February 26, 2008.
(4) Information for each month of the period covered by the
report as follows:
(A) The detainee population at each theater
internment facility in Iraq as of the end of such
month.
(B) The number of detainees released from detention
in theater internment facilities in Iraq during such
month both in aggregate and in number released from
each such theater internment facility.
(C) The number of detainees in theater internment
facilities in Iraq turned over to the control of the
Government of Iraq for criminal prosecution during such
month.
(5) Information on the length of detainments in the theater
internment facilities in Iraq as of each of January 1, 2007,
and January 1, 2008, with a stratification of the number of
individuals who had been so detained at each such date by six-
month increments.
(6) A description and assessment of the effects of changes
in detention operations and reintegration programs at theater
internment facilities in Iraq during the period of the report,
including changes in levels of violence within internment
facilities and in rates of recapture of detainees released from
detention in internment facilities.
(7) A statement of the costs of establishing and operating
reintegration centers in Iraq and of the share of such costs to
be paid by the Government of Iraq, and a description of plans
for the transition of such centers to the control of the
Government of Iraq.
(8) A description of--
(A) the lessons learned regarding detention
operations in a counterinsurgency operation, an
assessment of how such lessons could be applied to
detention operations elsewhere (including in
Afghanistan and at Guantanamo Bay, Cuba); and
(B) any efforts to integrate such lessons into
Department of Defense directives, joint doctrine,
mission rehearsal exercises for deploying forces, and
training for units involved in detention and
interrogation operations.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1053. STRATEGIC PLAN TO ENHANCE THE ROLE OF THE NATIONAL GUARD AND
RESERVES IN THE NATIONAL DEFENSE.
(a) Strategic Plan Required.--
(1) In general.--The Secretary of Defense shall develop a
strategic plan to enhance the role of the National Guard and
Reserves in the national defense, including--
(A) the transition of the reserve components of the
Armed Forces from a strategic force to an operational
force;
(B) the achievement of a fully-integrated total
force (including further development of the continuum
of service); and
(C) the enhancement of the role of the reserve
components of the Armed Forces in homeland defense.
(2) Consultation.--The Secretary shall develop the
strategic plan required by this subsection in consultation with
the Chairman of the Joint Chiefs of Staff and the Chief of the
National Guard Bureau.
(b) Consideration of Existing Findings, Recommendations, and
Practices.--In developing the strategic plan required by subsection
(a), the Secretary shall consider the following:
(1) The findings and recommendations of the final report of
the Commission on the National Guard and Reserves.
(2) The findings and recommendations of the Center for
Strategic and International Studies on the future of the
National Guard and Reserves.
(3) The policies expressed in the provisions of the bill S.
2760 of the 110th Congress, to amend title 10, United States
Code, to enhance the national defense through empowerment of
the National Guard, enhancement of the functions of the
National Guard Bureau, and improvement of Federal-State
military coordination in domestic emergency response, and for
other purposes.
(4) Current policies and practices of the Department of
Defense for the utilization of members and units of the reserve
components of the Armed Forces.
(c) Elements.--The strategic plan required by subsection (a) shall
include the following:
(1) A description of the legislative, organizational, and
administrative actions required to make the reserve components
of the Armed Forces a sustainable operational force.
(2) A description of the legislative, organizational, and
administrative actions required to enhance the Department of
Defense role in homeland defense and support of civil
authorities, with particular emphasis on the role of the
reserve components of the Armed Forces in such role.
(3) A description of the legislative, organizational, and
administrative actions required to create a continuum of
service in the reserve components of the Armed Forces,
including a personnel management system for an integrated total
force that will facilitate the seamless transition of members
of National Guard and Reserves on and off active duty to meet
mission requirements and permit different levels of
participation by such members in the Armed Forces over the
course of a military career.
(4) A description of the legislative and administrative
actions required to develop a ready, capable, and available
operational reserve for the Armed Forces.
(5) A description of the legislative and administrative
actions required to reform organizations and institutions to
support an operational reserve for the Armed Forces.
(6) A description of the legislative and administrative
actions required to enhance support to members of the Armed
Forces, including members of the reserve components of the
Armed Forces, their families, and their employers.
(d) Deadline for Submittal.--The Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the plan required by subsection
(a) not later than July 1, 2009.
SEC. 1054. REVIEW OF NONNUCLEAR PROMPT GLOBAL STRIKE CONCEPT
DEMONSTRATIONS.
(a) In General.--The Secretary of Defense shall, in consultation
with the Secretary of State, conduct a review of each nonnuclear prompt
global strike concept demonstration with respect to which the President
requests funding in the budget of the President for fiscal year 2010
(as submitted to Congress pursuant to section 1105 of title 31, United
States Code).
(b) Elements.--The review required by subsection (a) shall include,
for each concept demonstration described in that subsection, the
following:
(1) The full cost of such concept demonstration.
(2) An assessment of any policy, legal, or treaty-related
issues that could arise during the course of, or as a result
of, such concept demonstration.
(3) The extent to which the concept demonstrated could be
misconstrued as a nuclear weapon or delivery system.
(4) An assessment of the potential basing and deployment
options for the concept demonstrated.
(5) A description of the types of targets against which the
concept demonstrated might be used.
(c) Report.--Not later than 30 days after the date on which the
President submits to Congress the budget for fiscal year 2010 (as so
submitted), the Secretary of Defense shall submit to the congressional
defense committees a report setting forth the results of the review
required by subsection (a).
SEC. 1055. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE DEPARTMENT
OF DEFENSE AND THE INTELLIGENCE COMMUNITY.
(a) In General.--The Secretary of Defense and the Director of
National Intelligence shall conduct a joint review of the bandwidth
capacity requirements of the Department of Defense and the intelligence
community in the near term, mid term, and long term.
(b) Elements.--The review required by subsection (a) shall include
an assessment of the following:
(1) The current bandwidth capacities of the Department of
Defense and the intelligence community to transport data,
including Government and commercial ground networks and
satellite systems.
(2) The bandwidth capacities anticipated to be available to
the Department of Defense and the intelligence community to
transport data in the near term, mid term, and long term.
(3) The bandwidth and data requirements of current major
operational systems of the Department of Defense and the
intelligence community, including an assessment of--
(A) whether such requirements are being
appropriately met by the bandwidth capacities described
in paragraph (1); and
(B) the degree to which any such requirements are
not being met by such bandwidth capacities.
(4) The anticipated bandwidth and data requirements of
major operational systems of the Department of Defense and the
intelligence community planned for each of the near term, mid
term, and long term, including an assessment of--
(A) whether such anticipated requirements will be
appropriately met by the bandwidth capacities described
in paragraph (2); and
(B) the degree to which any such requirements are
not anticipated to be met by such bandwidth capacities.
(5) Any mitigation concepts that could be used to satisfy
any unmet bandwidth and data requirements.
(6) The costs of meeting the bandwidth and data
requirements described in paragraphs (3) and (4).
(7) Any actions necessary to integrate or consolidate the
information networks of the Department of Defense and the
intelligence community.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the Director of
National Intelligence shall jointly submit to the congressional defense
committees, the Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives a report setting forth the results of the review
required by subsection (a).
(d) Formal Review Process for Bandwidth Requirements.--The
Secretary of Defense and the Director of National Intelligence shall,
as part of the Milestone B or Key Decision Point B approval process for
any major defense acquisition program or major system acquisition
program, establish a formal review process to ensure that--
(1) the bandwidth requirements needed to support such
program are or will be met; and
(2) a determination will be made with respect to how to
meet the bandwidth requirements for such program.
(e) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' means the elements of the intelligence community
specified in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Long term.--The term ``long term'' means the five-year
period beginning on the date that is 10 years after the date of
the enactment of this Act.
(3) Mid term.--The term ``mid term'' means the five-year
period beginning on the date that is five years after the date
of the enactment of this Act.
(4) Near term.--The term ``near term'' means the five-year
period beginning on the date of the enactment of this Act.
Subtitle F--Wounded Warrior Matters
SEC. 1061. MODIFICATION OF UTILIZATION OF VETERANS' PRESUMPTION OF
SOUND CONDITION IN ESTABLISHING ELIGIBILITY OF MEMBERS OF
THE ARMED FORCES FOR RETIREMENT FOR DISABILITY.
(a) Retirement of Regulars and Members on Active Duty for More Than
30 Days.--Section 1201(b)(3)(B)(i) of title 10, United States Code, is
amended--
(1) by striking ``the member has six months or more of
active military service and''; and
(2) by striking ``(unless compelling evidence'' and all
that follows through ``active duty)'' and inserting ``(unless
clear and unmistakable evidence demonstrates that the
disability existed before the member's entrance on active duty
and was not aggravated by active military service)''.
(b) Separation of Regulars and Members on Active Duty for More Than
30 Days.--Section 1203(b)(4)(B) of such title is amended--
(1) by striking ``the member has six months or more of
active military service, and''; and
(2) by striking ``(unless compelling evidence'' and all
that follows through ``active duty)'' and inserting ``(unless
clear and unmistakable evidence demonstrates that the
disability existed before the member's entrance on active duty
and was not aggravated by active military service)''.
SEC. 1062. INCLUSION OF SERVICE MEMBERS IN INPATIENT STATUS IN WOUNDED
WARRIOR POLICIES AND PROTECTIONS.
Section 1602(7) of the Wounded Warrior Act (title XVI of Public Law
110-181; 122 Stat. 432; 10 U.S.C. 1071 note) is amended by inserting
``inpatient or'' before ``outpatient status''.
SEC. 1063. CLARIFICATION OF CERTAIN INFORMATION SHARING BETWEEN THE
DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS
FOR WOUNDED WARRIOR PURPOSES.
(a) In General.--Section 1614(b)(11) of the Wounded Warrior Act
(title XVI of Public Law 110-181; 122 Stat. 444; 10 U.S.C. 1071 note)
is amended by inserting before the period at the end the following:
``or that such transfer is otherwise authorized by the regulations
implementing such Act''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 28, 2008, as if included in the provisions of
the Wounded Warrior Act, to which such amendment relates.
SEC. 1064. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED WARRIOR RESOURCE
CENTER.
Section 1616(a) of the Wounded Warrior Act (title XVI of Public Law
110-181; 122 Stat. 447; 10 U.S.C. 1071 note) is amended in the first
sentence by inserting ``receiving legal assistance referral information
(where appropriate), receiving other appropriate referral
information,'' after ``receiving benefits information,''.
SEC. 1065. RESPONSIBILITY FOR THE CENTER OF EXCELLENCE IN THE
PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT AND
REHABILITATION OF TRAUMATIC BRAIN INJURY TO CONDUCT PILOT
PROGRAMS ON TREATMENT APPROACHES FOR TRAUMATIC BRAIN
INJURY.
Section 1621(c) of the Wounded Warrior Act (title XVI of Public Law
110-181; 122 Stat. 453; 10 U.S.C. 1071 note) is amended--
(1) by redesignating paragraphs (2) through (13) as
paragraphs (3) through (14), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) To conduct pilot programs to promote or assess the
efficacy of approaches to the treatment of all forms of
traumatic brain injury, including mild traumatic brain
injury.''.
SEC. 1066. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT, AND
REHABILITATION OF TRAUMATIC EXTREMITY INJURIES AND
AMPUTATIONS.
(a) In General.--The Secretary of Veterans Affairs and the
Secretary of Defense shall jointly establish a center of excellence in
the mitigation, treatment, and rehabilitation of traumatic extremity
injuries and amputations.
(b) Partnerships.--The Secretary of Veterans Affairs and the
Secretary of Defense shall jointly ensure that the center collaborates
with the Department of Veterans Affairs, the Department of Defense,
institutions of higher education, and other appropriate public and
private entities (including international entities) to carry out the
responsibilities specified in subsection (c).
(c) Responsibilities.--The center shall have the responsibilities
as follows:
(1) To implement a comprehensive plan and strategy for the
Department of Veterans Affairs and the Department of Defense
for the mitigation, treatment, and rehabilitation of traumatic
extremity injuries and amputations.
(2) To carry out such other activities to improve and
enhance the efforts of the Department of Veterans Affairs and
the Department of Defense for the mitigation, treatment, and
rehabilitation of traumatic extremity injuries and amputations
as the Secretary of Veterans Affairs and the Secretary of
Defense consider appropriate.
(d) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Veterans Affairs and the Secretary of Defense
shall jointly submit to Congress a report on the activities of
the center.
(2) Elements.--Each report under this subsection shall
include the following:
(A) In the case of the first report under this
subsection, a description of the implementation of the
requirements of this Act.
(B) A description and assessment of the activities
of the center during the one-year period ending on the
date of such report, including an assessment of the
role of such activities in improving and enhancing the
efforts of the Department of Veterans Affairs and the
Department of Defense for the mitigation, treatment,
and rehabilitation of traumatic extremity injuries and
amputations.
SEC. 1067. THREE-YEAR EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH
RESPECT TO WOUNDED WARRIOR MATTERS.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly take such actions as are appropriate,
including the allocation of appropriate personnel, funding, and other
resources, to continue the operations of the Senior Oversight Committee
until September 30, 2011.
(b) Report on Further Extension of Committee.--Not later than
December 31, 2010, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to Congress a report setting
forth the joint recommendation of the Secretaries as to the
advisability of continuing the operations of the Senior Oversight
Committee after September 30, 2011. If the Secretaries recommend that
continuing the operations of the Senior Oversight Committee after
September 30, 2011, is advisable, the report may include such
recommendations for the modification of the responsibilities,
composition, or support of the Senior Oversight Committee as the
Secretaries jointly consider appropriate.
(c) Senior Oversight Committee Defined.--In this section, the term
``Senior Oversight Committee'' means the Senior Oversight Committee
jointly established by the Secretary of Defense and the Secretary of
Veterans Affairs in May 2007. The Senior Oversight Committee was
established to address concerns related to the treatment of wounded,
ill, and injured members of the Armed Forces and veterans and serve as
the single point of contact for oversight, strategy, and integration of
proposed strategies for the efforts of the Department of Defense and
the Department of Veterans Affairs to improve support throughout the
recovery, rehabilitation, and reintegration of wounded, ill, or injured
members of the Armed Forces.
Subtitle G--Other Matters
SEC. 1081. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL ANTHEM BY
MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY
VETERANS.
Section 301(b)(1) of title 36, United States Code, is amended by
striking subparagraphs (A) through (C) and inserting the following new
subparagraphs:
``(A) individuals in uniform should give the
military salute at the first note of the anthem and
maintain that position until the last note;
``(B) members of the Armed Forces and veterans who
are present but not in uniform may render the military
salute in the manner provided for individuals in
uniform; and
``(C) all other persons present should face the
flag and stand at attention with their right hand over
the heart, and men not in uniform, if applicable,
should remove their headdress with their right hand and
hold it at the left shoulder, the hand being over the
heart; and''.
SEC. 1082. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED FOR ENTRY
TO MILITARY INSTALLATIONS IN THE UNITED STATES.
Section 1069(c) of the National Defense Authorization Act of Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 327) is amended--
(1) in paragraph (1)--
(A) by striking ``July 1, 2008'' and inserting
``February 1, 2009''; and
(B) by striking ``January 1, 2009'' and inserting
``October 1, 2012''; and
(2) in paragraph (2), by striking ``implemented'' and
inserting ``developed''.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. DEPARTMENT OF DEFENSE STRATEGIC HUMAN CAPITAL PLANS.
(a) Codification of Annual Requirement for Plan.--
(1) In general.--Chapter 2 of title 10, United States Code,
is amended by adding after section 115a the following new
section:
``Sec. 115b. Department of Defense strategic human capital plans
``(a) Annual Plan Required.--The Secretary of Defense shall submit
to Congress on an annual basis a strategic human capital plan to shape
and improve the civilian employee workforce of the Department of
Defense. The plan shall be submitted not later than March 1 each year.
``(b) Contents.--Each strategic human capital plan under subsection
(a) shall include the following:
``(1) An assessment of--
``(A) the critical skills and competencies that
will be needed in the future civilian employee
workforce of the Department of Defense to support
national security requirements and effectively manage
the Department over the next decade;
``(B) the skills and competencies of the existing
civilian employee workforce of the Department and
projected trends in that workforce based on expected
losses due to retirement and other attrition; and
``(C) gaps in the existing or projected civilian
employee workforce of the Department that should be
addressed to ensure that the Department has continued
access to the critical skills and competencies
described in subparagraph (A).
``(2) A plan of action for developing and reshaping the
civilian employee workforce of the Department to address the
gaps in critical skills and competencies identified under
paragraph (1)(C), including--
``(A) specific recruiting and retention goals,
including the program objectives of the Department to
be achieved through such goals and the funding needed
to achieve such goals; and
``(B) specific strategies for developing, training,
deploying, compensating, and motivating the civilian
employee workforce of the Department, including the
program objectives of the Department to be achieved
through such strategies and the funding needed to
implement such strategies.
``(3) An assessment, using results-oriented performance
measures, of the progress of the Department in implementing the
strategic human capital plan under this section during the
previous year.
``(c) Senior Management, Functional, and Technical Workforce.--(1)
Each strategic human capital plan under subsection (a) shall
specifically address the shaping and improvement of the senior
management, functional, and technical workforce (including scientists
and engineers) of the Department of Defense.
``(2) For purposes of paragraph (1), each plan shall include, at a
minimum, the following:
``(A) An assessment of--
``(i) the needs of the Department for senior
management, functional, and technical personnel
(including scientists and engineers) in light of recent
trends and projected changes in the mission and
organization of the Department and in light of staff
support needed to accomplish that mission;
``(ii) the capability of the existing civilian
employee workforce of the Department to meet
requirements relating to the mission of the Department,
including the impact on that capability of projected
trends in the senior management, functional, and
technical personnel workforce of the Department based
on expected losses due to retirement and other
attrition; and
``(iii) gaps in the existing or projected civilian
employee workforce of the Department that should be
addressed to ensure that the Department has continued
access to the senior management, functional, and
technical personnel (including scientists and
engineers) it needs.
``(B) A plan of action for developing and reshaping the
senior management, functional, and technical workforce of the
Department to address the gaps identified under subparagraph
(A)(iii), including--
``(i) any legislative or administrative action that
may be needed to adjust the requirements applicable to
any category of civilian personnel identified in
paragraph (3) or to establish a new category of senior
management or technical personnel;
``(ii) any changes in the number of personnel
authorized in any category of personnel identified in
subsection (b) that may be needed to address such gaps
and effectively meet the needs of the Department;
``(iii) any changes in the rates or methods of pay
for any category of personnel identified in paragraph
(3) that may be needed to address inequities and ensure
that the Department has full access to appropriately
qualified personnel to address such gaps and meet the
needs of the Department;
``(iv) specific recruiting and retention goals,
including the program objectives of the Department to
be achieved through such goals;
``(v) specific strategies for developing, training,
deploying, compensating, motivating, and designing
career paths and career opportunities for the senior
management, functional, and technical workforce of the
Department, including the program objectives of the
Department to be achieved through such strategies; and
``(vi) specific steps that the Department has taken
or plans to take to ensure that the senior management,
functional, and technical workforce of the Department
is managed in compliance with the requirements of
section 129 of this title.
``(3) For purposes of this subsection, the senior management,
functional, and technical workforce of the Department of Defense
includes the following categories of Department of Defense civilian
personnel:
``(A) Appointees in the Senior Executive Service under
section 3131 of title 5.
``(B) Persons serving in positions described in section
5376(a) of title 5.
``(C) Highly qualified experts appointed pursuant to
section 9903 of title 5.
``(D) Scientists and engineers appointed pursuant to
section 342(b) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as
amended by section 1114 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398 (114 Stat. 1654A-315)).
``(E) Scientists and engineers appointed pursuant to
section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).
``(F) Persons serving in the Defense Intelligence Senior
Executive Service under section 1606 of this title.
``(G) Persons serving in Intelligence Senior Level
positions under section 1607 of this title.
``(d) Defense Acquisition Workforce.--(1) Each strategic human
capital plan under subsection (a) shall specifically address the
shaping and improvement of the defense acquisition workforce, including
both military and civilian personnel.
``(2) For purposes of paragraph (1), each plan shall include, at a
minimum, the following:
``(A) An assessment of--
``(i) the skills and competencies needed in the
military and civilian workforce of the Department of
Defense to effectively manage the acquisition programs
and activities of the Department over the next decade;
``(ii) the skills and competencies of the existing
military and civilian acquisition workforce of the
Department and projected trends in that workforce based
on expected losses due to retirement and other
attrition; and
``(iii) gaps in the existing or projected military
and civilian acquisition workforce that should be
addressed to ensure that the Department has access to
the skills and competencies identified pursuant to
clauses (i) and (ii).
``(B) A plan of action that establishes specific objectives
for developing and reshaping the military and civilian
acquisition workforce of the Department to address the gaps in
skills and competencies identified under subparagraph (A),
including--
``(i) specific recruiting and retention goals; and
``(ii) specific strategies and incentives for
developing, training, deploying, compensating, and
motivating the military and civilian acquisition
workforce of the Department to achieve such goals.
``(C) A plan for funding needed improvements in the
military and civilian acquisition workforce of the Department,
including--
``(i) an identification of the funding programmed
for defense acquisition workforce improvements,
including a specific identification of funding provided
in the Department of Defense Acquisition Workforce Fund
established under section 1705 of this title;
``(ii) an identification of the funding programmed
for defense acquisition workforce training in the
future-years defense program, including a specific
identification of funding provided by the acquisition
workforce training fund established under section
37(h)(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 433(h)(3));
``(iii) a description of how the funding identified
pursuant to clauses (i) and (ii) will be implemented
during the fiscal year concerned to address the areas
of need identified in accordance with subparagraph (A);
``(iv) a statement of whether the funding
identified under clauses (i) and (ii) is being fully
used; and
``(v) a description of any continuing shortfall in
funding available for the defense acquisition
workforce.
``(e) Submittals by Secretaries of the Military Departments and
Heads of the Defense Agencies.--The Secretary of Defense shall require
the Secretary of each military department and the head of each Defense
Agency to submit a report to the Secretary addressing each of the
matters described in this section. The Secretary of Defense shall
establish a deadline for the submittal of reports under this subsection
that enables the Secretary to consider the material submitted in a
timely manner and incorporate such material, as appropriate, into the
strategic human capital plans required by this section.
``(f) Gaps in the Workforce.--(1) The Secretary of Defense may not
conduct a public-private competition under chapter 126 of this title,
Office of Management and Budget Circular A-76, or any other provision
of law or regulation before expanding the civilian workforce of the
Department of Defense to address a gap in the workforce identified
under this section.
``(2) For purposes of this section, gaps in the workforce include--
``(A) shortcomings in the skills and competencies of
employees; and
``(B) shortcomings in the number of employees possessing
such skills and competencies.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 2 of such title is amended by inserting
after the item relating to section 115a the following new item:
``115b. Department of Defense strategic human capital plans.''.
(b) Comptroller General Review.--Not later than 90 days after date
on which the Secretary of Defense submits to Congress an annual
strategic human capital plan under section 115b of title 10, United
States Code (as added by subsection (a)), in each of 2009, 2010, 2011
and 2012, the Comptroller General of the United States shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on the plan so submitted.
(c) Conforming Repeals.--The following provisions are repealed:
(1) Section 1122 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10
U.S.C. note prec. 1580).
(2) Section 1102 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 119-364; 120
Stat. 2407).
(3) Section 851 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 247; 10
U.S.C. note prec. 1580).
SEC. 1102. CONDITIONAL INCREASE IN AUTHORIZED NUMBER OF DEFENSE
INTELLIGENCE SENIOR EXECUTIVE SERVICE PERSONNEL.
(a) In General.--Section 1606(a) of title 10, United States Code,
is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by striking the second sentence and inserting the
following:
``(2)(A) The number of positions in the Defense Intelligence Senior
Executive Service in any fiscal year after fiscal year after fiscal
year 2008 may not exceed the lesser of the following:
``(i) The number of such positions authorized on September
30, 2007, as adjusted by the percentage specified in
subparagraph (B) for such fiscal year.
``(ii) 694.
``(B) The percentage specified in this subparagraph for a fiscal
year is the percentage by which the authorized number of Department of
Defense positions in the Senior Executive Service has been increased as
of the end of the preceding fiscal year over the number of such
positions authorized on September 30, 2007.
``(3) Priority shall be given in the allocation of any increase in
the number of authorized positions in the Defense Intelligence Senior
Executive Service after fiscal year 2008 to components of the
intelligence community within the Department of Defense in which the
ratio of senior executives to employees other than senior executives is
the lowest.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
SEC. 1103. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL POSITIONS
UNDER THE NATIONAL SECURITY PERSONNEL SYSTEM.
Section 9902(i) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``(except that the
limitations of chapter 33 may be waived to the extent necessary
to achieve the purposes of this subsection)'' after ``the
limitations in subsection (b)(3)''; and
(2) in paragraph (2), by inserting before the period at the
end the following: ``in a manner comparable to the manner in
which such provisions are applied under chapter 33''.
SEC. 1104. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE PROFESSIONALS OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--For purposes of sections 3304, 5333, and 5753 of
title 5, United States Code, the Secretary of Defense may--
(1) designate any category of health care position within
the Department of Defense as a shortage category position if
the Secretary determines that there exists a severe shortage of
candidates for such position or there is a critical hiring need
for such position; and
(2) utilize the authorities in such sections to recruit and
appoint highly qualified persons directly to positions so
designated.
(b) Termination of Authority.--The Secretary may not appoint a
person to a position of employment under this section after September
30, 2012.
SEC. 1105. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN EMPLOYEES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Automatic Coverage.--Section 8702(c) of title 5, United States
Code, is amended--
(1) by inserting ``an employee who is deployed in support
of a contingency operation (as that term is defined in section
101(a)(13) of title 10) or'' after ``subsection (b)''; and
(2) by inserting ``notification of deployment or'' after
``the date of the''.
(b) Optional Insurance.--Section 8714a(b) of such title is
amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated the
following new paragraph (1):
``(1) An employee who is deployed in support of a contingency
operation (as that term is defined in section 101(a)(13) of title 10)
or an employee of the Department of Defense who is designated as
emergency essential under section 1580 of title 10 shall be insured
under the policy of insurance under this section if the employee,
within 60 days after the date of notification of deployment or
designation, elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when provided to the
Office in writing, in the form prescribed by the Office, within such
60-day period.''.
(c) Additional Optional Life Insurance.--Section 8714b(b) of such
title is amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated the
following new paragraph (1):
``(2) An employee who is deployed in support of a contingency
operation (as that term is defined in section 101(a)(13) of title 10)
or an employee of the Department of Defense who is designated as
emergency essential under section 1580 of title 10 shall be insured
under the policy of insurance under this section if the employee,
within 60 days after the date of notification of deployment or
designation, elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when provided to the
Office in writing, in the form prescribed by the Office, within such
60-day period.''.
SEC. 1106. PERMANENT EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY
REDUCTION IN FORCE AUTHORITY.
Section 3502(f) of title 5, United States Code, is amended by
striking paragraph (5).
SEC. 1107. FOUR-YEAR EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERANCE
PAYMENTS WITH RESPECT TO DEPARTMENT OF DEFENSE EMPLOYEES.
Section 5595(i)(4) of title 5, United States Code, is amended by
striking ``October 1, 2010'' and inserting ``October 1, 2014''.
SEC. 1108. AUTHORITY TO WAIVE LIMITATIONS ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS UNDER AREAS OF UNITED STATES
CENTRAL COMMAND.
(a) Waiver Authority.--
(1) In general.--Notwithstanding sections 5307 and 5547 of
title 5, United States Code, the head of an Executive agency
(as that term is defined in section 105 of title 5, United
States Code) may, during calendar year 2009, waive limitations
on the aggregate on basic pay and premium pay payable in such
calendar year, and on allowances, differentials, bonuses,
awards, and similar cash payments payable in such calendar
year, to an employee who performs work while in an overseas
location that is in the area of responsibility of the Commander
of the United States Central Command in direct support of, or
directly related to--
(A) a military operation, including a contingency
operation; or
(B) an operation in response to a declared
emergency.
(2) Limitation.--The total annual compensation payable to
an employee pursuant to a waiver under this subsection may not
exceed the total annual compensation payable to the Vice
President under section 104 of title 3, United States Code.
(b) Rollover of Earned Pay to Subsequent Year.--Any amount that
would otherwise be paid an employee in calendar year 2009 under a
waiver under subsection (a)(1) except for the limitation in subsection
(a)(2) shall be paid to the employee in a lump sum at the beginning of
calendar year 2010. Any amount paid an employee under this subsection
in calendar year 2010 shall be taken into account as if the limitation
in subsection (a)(2) was applicable to the employee in calendar year
2010.
(c) Additional Pay Not Considered Basic Pay.--To the extent that a
waiver under subsection (a) results in payment of additional premium
pay of a type that is normally creditable as basic pay for retirement
or any other purpose, such additional pay shall not be considered to be
basic pay for any purpose, nor shall such additional pay be used in
computing a lump-sum payment for accumulated and accrued annual leave
under section 5551 of title 5, United States Code.
(d) Regulations.--The Director of the Office of Personnel
Management may prescribe regulations to ensure appropriate consistency
among heads of Executive agencies in the exercise of the authority
granted by this section.
SEC. 1109. TECHNICAL AMENDMENT RELATING TO DEFINITION OF PROFESSIONAL
ACCOUNTING POSITION FOR PURPOSES OF CERTIFICATION AND
CREDENTIALING STANDARDS.
Section 1599d(e) of title 10, United States Code, is amended by
striking ``GS-510, GS-511, and GS-505'' and inserting ``0505, 0510,
0511, or equivalent''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND
TRAINING OF FOREIGN MILITARY FORCES UNDER REGIONAL
DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.
(a) Increase in Amount.--Section 2249c(b) of title 10, United
States Code, is amended by striking ``$25,000,000'' and inserting
``$35,000,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2008, and shall apply with respect to fiscal
years beginning on or after that date.
SEC. 1202. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF
EDUCATION AND TRAINING MATERIALS AND INFORMATION
TECHNOLOGY TO ENHANCE MILITARY INTEROPERABILITY WITH THE
ARMED FORCES.
(a) Authority for Distribution.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2249d. Distribution to certain foreign personnel of education
and training materials and information technology to
enhance military interoperability with the armed forces
``(a) Distribution Authorized.--To enhance interoperability between
the armed forces and military forces of friendly foreign nations, the
Secretary of Defense, with the concurrence of the Secretary of State,
may--
``(1) provide to personnel referred to in subsection (b)
electronically-distributed learning content for the education
and training of such personnel for the development or
enhancement of allied and friendly military and civilian
capabilities for multinational operations, including joint
exercises and coalition operations; and
``(2) provide information technology, including computer
software developed for such purpose, but only to the extent
necessary to support the use of such learning content for the
education and training of such personnel.
``(b) Authorized Recipients.--The personnel to whom learning
content and information technology may be provided under subsection (a)
are military and civilian personnel of a friendly foreign government,
with the permission of that government.
``(c) Education and Training.--Any education and training provided
under subsection (a) shall include the following:
``(1) Internet-based education and training.
``(2) Advanced distributed learning and similar Internet
learning tools, as well as distributed training and computer-
assisted exercises.
``(d) Applicability of Export Control Regimes.--The provision of
learning content and information technology under this section shall be
subject to the provisions of the Arms Export Control Act (22 U.S.C.
2751 et seq.) and any other export control regime under law relating to
the transfer of military technology to foreign nations.
``(e) Guidance on Utilization of Authority.--
``(1) Guidance required.--The Secretary of Defense shall
develop and issue guidance on the procedures for the use of the
authority in this section.
``(2) Modification.--If the Secretary modifies the guidance
issued under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress a report setting forth the
modified guidance not later than 30 days after the date of such
modification.
``(f) Annual Report.--
``(1) Report required.--Not later than October 31 following
each fiscal year in which the authority in this section is
used, the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the exercise of the
authority during such fiscal year.
``(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year covered by such report, the
following:
``(A) A statement of the recipients of learning
content and information technology provided under this
section.
``(B) A description of the type, quantity, and
value of the learning content and information
technology provided under this section.
``(g) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services of the Senate; and
``(2) the Committee on Armed Services of the House of
Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended by adding at the end the following new item:
``2249d. Distribution to certain foreign personnel of education and
training materials and information
technology to enhance military
interoperability with the armed forces.''.
(b) Guidance on Utilization of Authority.--
(1) Submittal to congress.--Not later than 30 days after
issuing the guidance required by section 2249d(e) of title 10,
United States Code, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth such guidance.
(2) Utilization of similar guidance.--In developing the
guidance required by section 2249d(e) of title 10, United
States Code, as so added, the Secretary may utilize applicable
portions of the current guidance developed by the Secretary
under subsection (f) of section 1207 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2419) for purposes of the exercise of
the authority in such section 1207.
(c) Repeal of Superseded Authority.--
(1) In general.--Section 1207 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 is repealed.
(2) Submittal of final report on exercise of authority.--If
the Secretary of Defense exercised the authority in section
1207 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 during fiscal year 2008, the Secretary shall
submit the report required by subsection (g) of such section
for such fiscal year in accordance with the provisions of such
subsection (g) without regard to the repeal of such section
under paragraph (1).
(d) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2008.
SEC. 1203. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL
OPERATIONS TO COMBAT TERRORISM.
(a) In General.--Subsection (a) of section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 2086) is amended--
(1) by inserting ``, with the concurrence of the relevant
Chief of Mission,'' after ``may''; and
(2) by striking ``$25,000,000'' and inserting
``$35,000,000''.
(b) Timing of Notice on Provision of Support.--Subsection (c) of
such section is amended by striking ``in not less than 48 hours'' and
inserting ``within 48 hours''.
(c) Extension.--Subsection (h) of such section, as amended by
section 1202(c) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended by
striking ``2010'' and inserting ``2011''.
(d) Technical Amendment.--The heading of such section is amended by
striking ``military operations'' and inserting ``special operations''.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
SEC. 1204. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Building of Capacity of Additional Foreign Forces.--Subsection
(a) of section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by
section 1206 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418), is further
amended by striking ``a program'' and all that follows and inserting
``a program or programs as follows:
``(1) To build the capacity of a foreign country's national
military forces in order for that country to--
``(A) conduct counterterrorism operations; or
``(B) participate in or support military and
stability operations in which the United States Armed
Forces are participating.
``(2) To build the capacity of a foreign country's coast
guard, border protection, and other security forces engaged
primarily in counterterrorism missions in order for that
country to conduct counterterrorism operations.''.
(b) Discharge Through Grants.--Subsection (b)(1) of such section,
as so amended, is further amended by inserting ``may be carried out by
grant and'' before ``may include the provision''.
(c) Funding.--Subsection (c) of such section, as so amended, is
further amended--
(1) in paragraph (1), by striking ``$300,000,000'' and
inserting ``$400,000,000''; and
(2) by adding at the end the following new paragraph:
``(4) Availability of funds for activities across fiscal
years.--Amounts available under this subsection for the
authority in subsection (a) for a fiscal year may be used for
programs under that authority that begin in such fiscal year
but end in the next fiscal year.''.
(d) Three-Year Extension of Authority.--Subsection (g) of such
section, as so amended, is further amended--
(1) by striking ``September 30, 2008'' and inserting
``September 30, 2011''; and
(2) by striking ``fiscal year 2006, 2007, or 2008'' and
inserting ``fiscal years 2006 through 2011''.
SEC. 1205. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR SECURITY
AND STABILIZATION ASSISTANCE.
(a) Increase in Maximum Amount of Assistance.--Subsection (b) of
section 1207 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3458) is amended by striking
``$100,000,000'' and inserting ``$200,000,000''.
(b) Three-Year Extension of Authority.--Subsection (g) of such
section, as amended by section 1210(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
369), is further amended by striking ``September 30, 2008'' and
inserting ``September 30, 2011''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
SEC. 1206. FOUR-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND
MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND
SURVIVABILITY.
Section 1202(e) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412), as
amended by section 1252(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 402), is further
amended by striking ``September 30, 2009'' and inserting ``September
30, 2013''.
SEC. 1207. AUTHORITY FOR USE OF FUNDS FOR NON-CONVENTIONAL ASSISTED
RECOVERY CAPABILITIES.
(a) Authority for Use of Funds.--
(1) In general.--The Commander of a combatant command may,
with the concurrence of the relevant Chief of Mission, expend
amounts authorized to be appropriated for a fiscal year by
section 301(2) for Operation and Maintenance, Navy to
establish, develop, and maintain non-conventional assisted
recovery capabilities in a foreign country if the Commander
determines that expenditure of such funds for that purpose is
necessary in connection with support of non-conventional
assisted recovery efforts in that foreign country.
(2) Limitation on amount.--The total amount of funds that
may be expended under the authority in subsection (a) in each
of fiscal years 2009 and 2010 may not exceed $20,000,000.
(b) Scope of Efforts Supportable.--
(1) In general.--In expending funds under the authority in
subsection (a), the Commander of a combatant command may
provide support to surrogate or irregular groups or individuals
in order to facilitate the recovery of military or civilian
personnel of the Department of Defense (including the Coast
Guard), and other individuals who, while conducting activities
in support of United States military operations, become
separated or isolated from friendly forces.
(2) Support.--The support provided under paragraph (1) may
include, but is not limited to, the provision of equipment,
supplies, training, transportation, and other logistical
support or funding to support operations and activities for the
recovery of personnel and individuals as described in that
paragraph.
(c) Procedures.--
(1) Procedures required.--The Secretary of Defense shall
establish procedures for the exercise of the authority in
subsection (a).
(2) Notice.--The Secretary shall notify the congressional
defense committees of the procedures established under
paragraph (1) before any exercise of the authority in
subsection (a).
(d) Notice to Congress on Use of Authority.--Upon using the
authority in subsection (a) to make funds available for support of non-
conventional assisted recovery activities, the Secretary of Defense
shall notify the congressional defense committees expeditiously, and in
any event within 48 hours, of the use of such authority with respect to
support of such activities. Such notice need be provided only once with
respect to support of particular activities. Any such notice shall be
in writing.
(e) Intelligence Activities.--This section does not constitute
authority to conduct a covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50 U.S.C.
413b(e)).
(f) Annual Report.--Not later than 30 days after the close of each
fiscal year during which subsection (a) is in effect, the Secretary of
Defense shall submit to the congressional defense committees a report
on the support provided under that subsection during such fiscal year.
Each such report shall describe the support provided, including a
statement of the recipient of the support and the amount obligated to
provide the support.
(g) Expiration.--The authority in subsection (a) shall expire on
September 30, 2010.
Subtitle B--Department of Defense Participation in Bilateral,
Multilateral, and Regional Cooperation Programs
SEC. 1211. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-TO-
MILITARY CONTACTS AND COMPARABLE ACTIVITIES.
(a) In General.--Section 168(e) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5) Funds available to carry out this section shall be available,
to the extent provided in appropriations Acts, for programs or
activities under this section that begin in a fiscal year and end in
the following fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2008, and shall apply with respect to
programs and activities under section 168 of title 10, United States
Code (as so amended), that begin on or after that date.
SEC. 1212. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE
REGIONAL CENTERS FOR SECURITY STUDIES.
(a) Availability of Funds for Activities Across Fiscal Years.--
(1) In general.--Section 184(f) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(6) Funds available to carry out this section, including funds
accepted under paragraph (4) and funds available under paragraph (5),
shall be available, to the extent provided in appropriations Acts, for
programs and activities under this section that begin in a fiscal year
and end in the following fiscal year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2008, and shall apply with
respect to programs and activities under section 184 of title
10, United States Code (as so amended), that begin on or after
that date.
(b) Temporary Waiver of Reimbursement of Costs of Activities for
Nongovernmental Personnel.--
(1) Authority for temporary waiver.--In fiscal years 2009
and 2010, the Secretary of Defense may, with the concurrence of
the Secretary of State, waive reimbursement otherwise required
under subsection (f) of section 184 of title 10, United States
Code, of the costs of activities of Regional Centers under such
section for personnel of nongovernmental and international
organizations who participate in activities of the Regional
Centers that enhance cooperation of nongovernmental
organizations and international organizations with United
States forces if the Secretary of Defense determines that
attendance of such personnel without reimbursement is in the
national security interests of the United States.
(2) Limitation.--The amount of reimbursement that may be
waived under paragraph (1) in any fiscal year may not exceed
$1,000,000.
(3) Annual report.--The Secretary of Defense shall include
in the annual report under section 184(h) of title 10, United
States Code, in 2010 and 2011 information on the attendance of
personnel of nongovernmental and international organizations in
activities of the Regional Centers during the preceding fiscal
year for which a waiver of reimbursement was made under
paragraph (1), including information on the costs incurred by
the United States for the participation of personnel of each
nongovernmental or international organization that so attended.
SEC. 1213. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL COOPERATION
PROGRAMS.
(a) Expansion of Authority for Bilateral and Regional Programs To
Cover Multilateral Programs.--Section 1051 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``a bilateral'' and
inserting ``a multilateral, bilateral,''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``to and'' and inserting
``to, from, and''; and
(ii) by striking ``bilateral'' and
inserting ``multilateral, bilateral,''; and
(B) in paragraph (2), by striking ``bilateral'' and
inserting ``multilateral, bilateral,''.
(b) Availability of Funds for Programs and Activities Across Fiscal
Years.--Such section is further amended by adding at the end the
following new subsection:
``(e) Funds available to carry out this section shall be available,
to the extent provided in appropriations Acts, for programs and
activities under this section that begin in a fiscal year and end in
the following fiscal year.''.
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1051. Multilateral, bilateral, or regional cooperation programs:
payment of personnel expenses''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by striking
the item relating to section 1051 and inserting the following
new item:
``1051. Multilateral, bilateral, or regional cooperation programs:
payment of personnel expenses.''.
SEC. 1214. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL
MILITARY CENTERS OF EXCELLENCE.
(a) Participation Authorized.--
(1) In general.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350m. Participation in multinational military centers of
excellence
``(a) Participation Authorized.--The Secretary of Defense may, with
the concurrence of the Secretary of State, authorize the participation
of members of the armed forces and Department of Defense civilian
personnel in any multinational military center of excellence hosted by
any nation or combination of nations referred to in subsection (b) for
purposes of--
``(1) enhancing the ability of military forces and civilian
personnel of the nations participating in such center to engage
in joint exercises or coalition or international military
operations; or
``(2) improving interoperability between the armed forces
and the military forces of friendly foreign nations.
``(b) Covered Nations.--The nations referred to in this subsection
are the following:
``(1) The United States.
``(2) Any member nation of the North Atlantic Treaty
Organization (NATO).
``(3) Any major non-NATO ally.
``(4) Any other friendly foreign nation identified by the
Secretary of Defense, with the concurrence of the Secretary of
State, for purposes of this section.
``(c) Memorandum of Understanding.--(1) The participation of
members of the armed forces or Department of Defense civilian personnel
in a multinational military center of excellence under subsection (a)
shall be in accordance with the terms of one or more memoranda of
understanding entered into by the Secretary of Defense, with the
concurrence of the Secretary of State, and the foreign nation or
nations concerned.
``(2) If Department of Defense facilities, equipment, or funds are
used to support a multinational military center of excellence under
subsection (a), the memoranda of understanding under paragraph (1) with
respect to that center shall provide details of any cost-sharing
arrangement or other funding arrangement.
``(d) Availability of Appropriated Funds.--(1) Funds appropriated
to the Department of Defense for operation and maintenance are
available as follows:
``(A) To pay the United States share of the operating
expenses of any multinational military center of excellence in
which the United States participates under this section.
``(B) To pay the costs of the participation of members of
the armed forces and Department of Defense civilian personnel
in multinational military centers of excellence under this
section, including the costs of expenses of such participants.
``(2) No funds may be used under this section to fund the pay or
salaries of members of the armed forces and Department of Defense
civilian personnel who participate in multinational military centers of
excellence under this section.
``(e) Use of Department of Defense Facilities and Equipment.--
Facilities and equipment of the Department of Defense may be used for
purposes of the support of multinational military centers of excellence
under this section that are hosted by the Department.
``(f) Annual Reports on Use of Authority.--(1) Not later than
October 31, 2009, and annually thereafter, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the use of the authority in this section during the preceding fiscal
year.
``(2) Each report required by paragraph (1) shall include, for the
fiscal year covered by such report, the following:
``(A) A detailed description of the participation of the
Department of Defense, and of members of the armed forces and
civilian personnel of the Department, in multinational military
centers of excellence under the authority of this section.
``(B) For each multinational military center of excellence
in which the Department of Defense, or members of the armed
forces or civilian personnel of the Department, so
participated--
``(i) a description of such multinational military
center of excellence;
``(ii) a description of the activities participated
in by the Department, or by members of the armed forces
or civilian personnel of the Department; and
``(iii) a statement of the costs of the Department
for such participation, including--
``(I) a statement of the United States
share of the expenses of such center and a
statement of the percentage of the United
States share of the expenses of such center to
the total expenses of such center; and
``(II) a statement of the amount of such
costs (including a separate statement of the
amount of costs paid for under the authority of
this section by category of costs).
``(g) Definitions.--In this section:
``(1) The term `multinational military center of
excellence' means an entity sponsored by one or more nations
that is accredited and approved by the Military Committee of
the North Atlantic Treaty Organization (NATO) as offering
recognized expertise and experience to personnel participating
in the activities of such entity for the benefit of NATO by
providing such personnel opportunities to--
``(A) enhance education and training;
``(B) improve interoperability and capabilities;
``(C) assist in the development of doctrine; and
``(D) validate concepts through experimentation.
``(2) The term `major non-NATO ally' means a country (other
than a member nation of the North Atlantic Treaty Organization)
that is designated as a major non-NATO ally pursuant to section
517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of such title is
amended by adding at the end the following new item:
``2350m. Participation in multinational military centers of
excellence.''.
(b) Repeal of Superseded Authority.--Section 1205 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2416) is repealed.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
Subtitle C--Other Authorities and Limitations
SEC. 1221. WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA.
(a) Annual Waiver Authority.--
(1) In general.--Except as provided in subsection (b), the
President may waive in whole or in part, with respect to North
Korea, the application of any sanction under section 102(b) of
the Arms Export Control Act (22 U.S.C. 2799aa-1(b)) for the
purpose of--
(A) assisting in the implementation and
verification of the compliance by North Korea with its
commitment, undertaken in the Joint Statement of
September 19, 2005, to abandon all nuclear weapons and
existing nuclear programs as part of the verifiable
denuclearization of the Korean Peninsula; and
(B) promoting the elimination of the capability of
North Korea to develop, deploy, transfer, or maintain
weapons of mass destruction and their delivery systems.
(2) Duration of waiver.--Any waiver issued under this
subsection shall expire at the end of the calendar year in
which issued.
(b) Exceptions.--
(1) Limited exception related to certain sanctions and
prohibitions.--The authority under subsection (a) shall not
apply with respect to a sanction or prohibition under
subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms
Export Control Act unless the President determines and
certifies to the appropriate congressional committees that--
(A) all reasonable steps will be taken to ensure
that the articles or services exported or otherwise
provided will not be used to improve the military
capabilities of the armed forces of North Korea; and
(B) such waiver is in the national security
interests of the United States.
(2) Limited exception related to certain activities.--
Unless the President determines and certifies to the
appropriate congressional committees that using the authority
under subsection (a) is vital to the national security
interests of the United States, such authority shall not apply
with respect to--
(A) an activity described in subparagraph (A) of
section 102(b)(1) of the Arms Export Control Act that
occurs after September 19, 2005, and before the date of
the enactment of this Act;
(B) an activity described in subparagraph (C) of
such section that occurs after September 19, 2005; or
(C) an activity described in subparagraph (D) of
such section that occurs after the date of the
enactment of this Act.
(3) Exception related to certain activities occurring after
date of enactment.--The authority under subsection (a) shall
not apply with respect to an activity described in subparagraph
(A) or (B) of section 102(b)(1) of the Arms Export Control Act
that occurs after the date of the enactment of this Act.
(c) Notifications and Reports.--
(1) Congressional notification.--The President shall notify
the appropriate congressional committees in writing not later
than 15 days before exercising the waiver authority under
subsection (a).
(2) Annual report.--Not later than January 31, 2009, and
annually thereafter, the President shall submit to the
appropriate congressional committees a report that--
(A) lists all waivers issued under subsection (a)
during the preceding year;
(B) describes in detail the progress that is being
made in the implementation of the commitment undertaken
by North Korea, in the Joint Statement of September 19,
2005, to abandon all nuclear weapons and existing
nuclear programs as part of the verifiable
denuclearization of the Korean Peninsula;
(C) discusses specifically any shortcomings in the
implementation by North Korea of that commitment; and
(D) lists and describes the progress and
shortcomings, in the preceding year, of all other
programs promoting the elimination of the capability of
North Korea to develop, deploy, transfer, or maintain
weapons of mass destruction or their delivery systems.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
Subtitle D--Reports
SEC. 1231. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON CLAIMS
RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE.
Section 122(b)(2) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended by
section 1262(1)(B) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 405), is further amended--
(1) by striking ``Not later than one year after enactment
of this Act, and not later than two years after enactment of
this Act'' and inserting ``Not later than the end of each
calendar quarter ending after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2009''; and
(2) by adding at the end the following new sentence: ``Each
update under this paragraph after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2009
shall be submitted in unclassified form, but may include a
classified annex.''.
SEC. 1232. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP
AUTHORITIES.
(a) In General.--Not later than December 31, 2010, the Secretary of
Defense and the Secretary of State shall jointly submit to the
appropriate committees of Congress a report on the implementation of
the Building Global Partnership authorities during the period beginning
on the date of the enactment of this Act and ending on September 30,
2010.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A detailed summary of the programs conducted under the
Building Global Partnership authorities during the period
covered by the report, including, for each country receiving
assistance under such a program, a description of the
assistance provided and its cost.
(2) An assessment of the impact of the assistance provided
under the Building Global Partnership authorities with respect
to each country receiving assistance under such authorities.
(3) A description of--
(A) the processes used by the Department of Defense
and the Department of State to jointly formulate,
prioritize, and select projects to be funded under the
Building Global Partnership authorities; and
(B) the processes, if any, used by the Department
of Defense and the Department of State to evaluate the
success of each project so funded after its completion.
(4) A statement of the projects initiated under the
Building Global Partnership authorities that were subsequently
transitioned to and sustained under the authorities of the
Foreign Assistance Act of 1961 or other authorities.
(5) An assessment of the utility of the Building Global
Partnership authorities, and of any gaps in such authorities,
including an assessment of the feasability and advisability of
continuing such authorities beyond their current dates of
expiration (whether in their current form or with such
modifications as the Secretary of Defense and the Secretary of
State jointly consider appropriate).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives.
(2) Building global partnership authorities.--The term
``Building Global Partnership authorities'' means the
following:
(A) Authority for building capacity of foreign
military forces.--The authorities provided in section
1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456),
as amended by section 1206 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2418) and section 1204 of this
Act.
(B) Authority for security and stabilization
assistance.--The authorities provided in section 1207
of the National Defense Authorization Act for Fiscal
Year 2006 (119 Stat. 3458), as amended by section 1210
of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 369) and
section 1205 of this Act.
(C) Civic assistance authorities under combatant
commander initiative fund.--The authority to engage in
urgent and unanticipated civic assistance under the
Combatant Commander Initiative Fund under section
166a(b)(6) of title 10, United States Code, as a result
of the amendments made by section 902 of the John
Warner National Defense Authorization Act for Fiscal
Year 2007 (120 Stat. 2351).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501(b)
of the National Defense Authorization Act for Fiscal Year 1997 (50
U.S.C. 2362 note).
(b) Fiscal Year 2009 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2009 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $434,135,000 authorized
to be appropriated to the Department of Defense for fiscal year 2009 in
section 301(19) for Cooperative Threat Reduction programs, the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$79,985,000.
(2) For nuclear weapons storage security in Russia,
$33,101,000.
(3) For nuclear weapons transportation security in Russia,
$40,800,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$50,286,000.
(5) For biological threat reduction in the states of the
former Soviet Union, $184,463,000.
(6) For chemical weapons destruction in Russia, $1,000,000.
(7) For threat reduction outside the former Soviet Union,
$10,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $20,100,000.
(10) For strategic offensive arms elimination in Ukraine,
$6,400,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2009 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (10) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2009 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2009 for a purpose listed
in paragraphs (1) through (10) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection (a)
in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $198,150,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,291,084,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the National Defense Sealift Fund in the amount of $1,608,553,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2009
for expenses, not otherwise provided for, for the Defense Health
Program, in the amount of $24,802,202,000, of which--
(1) $24,301,359,000 is for Operation and Maintenance;
(2) $196,938,000 is for Research, Development, Test, and
Evaluation; and
(3) $303,905,000 is for Procurement.
(b) Source of Certain Funds.--Of the amount available under
subsection (a), $1,300,000,000 shall, to the extent provided in advance
in an Act making appropriations for fiscal year 2009, be available by
transfer from the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h).
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2009
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, in the amount of $1,485,634,000, of
which--
(1) $1,152,668,000 is for Operation and Maintenance;
(2) $268,881,000 is for Research, Development, Test, and
Evaluation; and
(3) $64,085,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2009 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
in the amount of $1,060,463,000.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2009 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, in the amount of $273,845,000, of which--
(1) $270,445,000 is for Operation and Maintenance; and
(2) $3,400,000 is for Procurement.
SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS FROM
LOWER INFLATION.
(a) Reduction.--The aggregate amount authorized to be appropriated
by this division is the amount equal to the sum of all the amounts
authorized to be appropriated by the provisions of this division
reduced by $1,048,000,000, to be allocated as follows:
(1) Procurement.--The aggregate amount authorized to be
appropriated by title I is hereby reduced by $313,000,000.
(2) Research, development, test, and evaluation.--The
aggregate amount authorized to be appropriated by title II is
hereby reduced by $239,000,000.
(3) Operation and maintenance.--The aggregate amount
authorized to be appropriated by title III is hereby reduced by
$470,000,000.
(4) Other authorizations.--The aggregate amount authorized
to be appropriated by title XIV is hereby reduced by
$26,000,000
(b) Source of Savings.--Reductions required in order to comply with
subsection (a) shall be derived from savings resulting from lower-than-
expected inflation as a result of the difference between the inflation
assumptions used in the Concurrent Resolution on the Budget for Fiscal
Year 2009 when compared with the inflation assumptions used in the
budget of the President for fiscal year 2009, as submitted to Congress
pursuant to section 1005 of title 31, United States Code.
(c) Allocation of Reductions.--The Secretary of Defense shall
allocate the reductions required by this section among the amounts
authorized to be appropriated for accounts in titles I, II, III, and
XIV to reflect the extent to which net savings from lower-than-expected
inflations are allocable to amounts authorized to be appropriated to
such accounts.
Subtitle B--Armed Forces Retirement Home
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is authorized to be appropriated for fiscal year 2009 from
the Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for
the operation of the Armed Forces Retirement Home.
Subtitle C--Other Matters
SEC. 1431. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION CITIZENS'
ADVISORY COMMISSIONS IN COLORADO AND KENTUCKY.
Section 172 of the National Defense Authorization Act for Fiscal
Year 1993 (50 U.S.C. 1521 note) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Colorado and Kentucky Chemical Demilitarization Citizens'
Advisory Commissions.--(1) Notwithstanding subsections (b), (g), and
(h), and consistent with section 142 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note)
and section 8122 of the Department of Defense Appropriations Act, 2003
(Public Law 107-248; 116 Stat. 1566; 50 U.S.C. 1521 note), the
Secretary of the Army shall transfer responsibilities for the Chemical
Demilitarization Citizens' Advisory Commissions in Colorado and
Kentucky to the Program Manager for Assembled Chemical Weapons
Alternatives.
``(2) In carrying out the responsibilities transferred under
paragraph (1), the Program Manager for Assembled Chemical Weapons
Alternatives shall take appropriate actions to ensure that each
Commission referred to in paragraph (1) retains the capacity to receive
citizen and State concerns regarding the ongoing chemical
demilitarization program in the State concerned.
``(3) A representative of the Office of the Assistant to the
Secretary of Defense for Nuclear, Chemical, and Biological Defense
Programs shall meet with each Commission referred to in paragraph (1)
not less often than twice a year.
``(4) Funds authorized to be appropriated for the Assembled
Chemical Weapons Alternatives Program shall be available for travel and
associated travel cost for Commissioners on the Commissions referred to
in paragraph (1) when such travel is conducted at the invitation of the
Special Assistant for Chemical and Biological Defense and Chemical
Demilitarization Programs of the Department of Defense.''.
SEC. 1432. MODIFICATION OF DEFINITION OF ``DEPARTMENT OF DEFENSE
SEALIFT VESSEL'' FOR PURPOSES OF THE NATIONAL DEFENSE
SEALIFT FUND.
Section 2218(l)(2) of title 10, United States Code, is amended--
(1) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B) A maritime prepositioning ship, other than a
ship derived from a Navy design for an amphibious ship
or auxiliary support vessel.''; and
(2) by striking subparagraph (I).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN
AFGHANISTAN
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2009 to provide additional funds
for operations in Afghanistan.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement accounts for the Army in amounts as follows:
(1) For aircraft procurement, $250,000,000.
(2) For missile procurement, $12,500,000.
(3) For weapons and tracked combat vehicles procurement,
$375,000,000.
(4) For ammunition procurement, $87,500,000.
(5) For other procurement, $1,100,000,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2009 for procurement accounts for the Navy in amounts as
follows:
(1) For aircraft procurement, $25,000,000.
(2) For weapons procurement, $12,500,000.
(3) For other procurement, $25,000,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2009 for the procurement account for the Marine Corps
in the amount of $250,000,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for the procurement account for
ammunition for the Navy and the Marine Corps in the amount of
$75,000,000.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $400,000,000.
(2) For missile procurement, $12,500,000.
(3) For ammunition procurement, $12,500,000.
(4) For other procurement, $150,000,000.
SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
for fiscal year 2009 for the Joint Improvised Explosive Device Defeat
Fund in the amount of $750,000,000.
(b) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439), as amended by
subsection (c) of this section, shall apply to the funds appropriated
pursuant to the authorization of appropriations in subsection (a).
(c) Modification of Funds Transfer Authority.--Subsection (c)(1) of
section 1514 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively.
(d) Prior Notice of Transfer of Funds.--Funds authorized to be
appropriated to the Joint Improvised Explosive Device Defeat Fund by
subsection (a) may not be obligated from the Fund or transferred in
accordance with the provisions of subsection (c) of section 1514 of the
John Warner National Defense Authorization Act for Fiscal Year 2007, as
amended by subsection (c) of this section, until five days after the
date on which the Secretary of Defense notifies the congressional
defense committees of the proposed obligation or transfer.
(e) Modification of Submittal Date of Reports.--Subsection (e) of
such section 1514 is amended by striking ``30 days'' and inserting ``60
days''.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the procurement account for Defense-wide activities as follows:
(1) For Defense-wide procurement, $62,500,000.
(2) For the Mine Resistant Ambush Protected Vehicle Fund,
$100,000,000.
SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $15,000,000.
(2) For the Navy, $15,000,000.
(3) For the Air Force, $15,000,000.
(4) For Defense-wide activities, $15,000,000.
SEC. 1508. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $9,000,000,000.
(2) For the Navy, $500,000,000.
(3) For the Marine Corps, $1,000,000,000.
(4) For the Air Force, $500,000,000.
(5) For Defense-wide activities, $668,750,000.
(6) For the Army Reserve, $12,500,000.
(7) For the Navy Reserve, $7,500,000.
(8) For the Marine Corps Reserve, $10,000,000.
(9) For the Air Force Reserve, $3,750,000.
(10) For the Army National Guard, $75,000,000.
(11) For the Air National Guard, $12,500,000.
SEC. 1509. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal year 2009
for the Department of Defense for military personnel in amounts as
follows:
(1) For the Army, $500,000,000.
(2) For the Navy, $25,000,000.
(3) For the Marine Corps, $62,500,000.
(4) For the Air Force, $25,000,000.
(5) For the Army Reserve, $25,000,000.
(6) For the Navy Reserve, $7,500,000.
(7) For the Marine Corps Reserve, $5,000,000.
(8) For the Army National Guard, $100,000,000.
SEC. 1510. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in the amount of $250,000,000, for the Defense Working
Capital Funds.
SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2009 for
expenses, not otherwise provided for, for the Defense Health Program in
the amount of $155,000,000 for operation and maintenance.
(b) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2009 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide in the
amount of $150,000,000.
SEC. 1512. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for the Afghanistan Security
Forces Fund in the amount of $3,000,000,000.
(b) Use of Funds.--
(1) In general.--Funds authorized to be appropriated by
subsection (a) shall be available to the Secretary of Defense
to provide assistance to the security forces of Afghanistan.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, construction, and funds.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may be
transferred from the Afghanistan Security Forces Fund to any of
the following accounts and funds of the Department of Defense
to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer authority
available to the Department of Defense.
(3) Transfers back to fund.--Upon a determination that all
or part of the funds transferred from the Afghanistan Security
Forces Fund under paragraph (1) are not necessary for the
purpose for which transferred, such funds may be transferred
back to the Afghanistan Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.
(e) Prior Notice to Congress of Obligation or Transfer.--Funds may
not be obligated from the Afghanistan Security Forces Fund, or
transferred under subsection (d)(1), until five days after the date on
which the Secretary of Defense notifies the congressional defense
committees in writing of the details of the proposed obligation or
transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Afghanistan Security Forces
Fund for the purposes provided in subsection (b) from any
foreign government or international organization. Any amounts
so accepted shall be credited to the Afghanistan Security
Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, in writing, upon the
acceptance, and upon the transfer under subsection (d), of any
contribution under this subsection. Such notice shall specify
the source and amount of any amount so accepted and the use of
any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter, the Secretary of Defense shall submit to the
congressional defense committees a report summarizing the details of
any obligation or transfer of funds from the Afghanistan Security
Forces Fund during such fiscal-year quarter.
(h) Expiration of Authority.--The authority in this section shall
expire on September 30, 2010.
SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1514. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title and title
XVI for fiscal year 2009 between any such authorizations for
that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this section
may not exceed $3,000,000,000, of which not more than
$300,000,000 may be transferred to the Iraq Security Forces
Fund.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
SEC. 1515. LIMITATION ON USE OF FUNDS.
(a) Report.--Amounts authorized to be appropriated by this title
may not be obligated until 15 days after the Secretary of Defense has
transmitted to the congressional defense committees a report setting
forth the proposed allocation of such amounts at the program, project,
or activity level.
(b) Effect of Report.--The report required by subsection (a) shall
serve as a base for reprogramming for the purposes of sections 1514 and
1001.
SEC. 1516. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGET FOR AFGHANISTAN.
(a) In General.--In any annual or supplemental budget request for
the Department of Defense that is submitted to Congress after the date
of the enactment of this Act, the Secretary of Defense shall set forth
separately any funding requested in such budget request for operations
of the Department of Defense in Afghanistan.
(b) Specificity of Display.--Each budget request under subsection
(a) shall--
(1) clearly display the amounts requested in the budget
request for the Department of Defense for Afghanistan at the
appropriation account level and at the program, project, or
activity level; and
(2) also include a detailed description of the assumptions
underlying the funding requested in the budget request for the
Department of Defense for Afghanistan for the period covered by
the budget request, including anticipated troop levels,
operating tempos, and reset requirements.
TITLE XVI--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATIONS IN
IRAQ
SEC. 1601. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2009 to provide additional funds
for operations in Iraq.
SEC. 1602. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement accounts for the Army in amounts as follows:
(1) For aircraft procurement, $750,000,000.
(2) For missile procurement, $37,500,000.
(3) For weapons and tracked combat vehicles procurement,
$1,125,000,000.
(4) For ammunition procurement, $262,500,000.
(5) For other procurement, $3,300,000,000.
SEC. 1603. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 2009 for procurement accounts for the Navy in amounts as
follows:
(1) For aircraft procurement, $75,000,000.
(2) For weapons procurement, $37,500,000.
(3) For other procurement, $75,000,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2009 for the procurement account for the Marine Corps
in the amount of $750,000,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for the procurement account for
ammunition for the Navy and the Marine Corps in the amount of
$225,000,000.
SEC. 1604. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2009
for procurement accounts for the Air Force in amounts as follows:
(1) For aircraft procurement, $400,000,000.
(2) For missile procurement, $37,500,000.
(3) For ammunition procurement, $37,500,000.
(4) For other procurement, $450,000,000.
SEC. 1605. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
for fiscal year 2009 for the Joint Improvised Explosive Device Defeat
Fund in the amount of $2,250,000,000.
(b) Rule of Construction.--The provisions of section 1505 and the
amendments made by that section shall apply to the use of funds
authorized to be appropriated by this section.
SEC. 1606. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the procurement account for Defense-wide activities as follows:
(1) For Defense-wide procurement, $187,500,000.
(2) For the Mine Resistant Ambush Protected Vehicle Fund,
$500,000,000.
SEC. 1607. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $35,000,000.
(2) For the Navy, $35,000,000.
(3) For the Air Force, $35,000,000.
(4) For Defense-wide activities, $35,000,000.
SEC. 1608. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $27,000,000,000.
(2) For the Navy, $1,500,000,000.
(3) For the Marine Corps, $3,000,000,000.
(4) For the Air Force, $1,500,000,000.
(5) For Defense-wide activities, $1,811,250,000.
(6) For the Army Reserve, $37,500,000.
(7) For the Navy Reserve, $22,500,000.
(8) For the Marine Corps Reserve, $30,000,000.
(9) For the Air Force Reserve, $11,250,000.
(10) For the Army National Guard, $225,000,000.
(11) For the Air National Guard, $37,500,000.
SEC. 1609. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal year 2009
for the Department of Defense for military personnel in amounts as
follows:
(1) For the Army, $1,500,000,000.
(2) For the Navy, $75,000,000.
(3) For the Marine Corps, $187,500,000.
(4) For the Air Force, $75,000,000.
(5) For the Army Reserve, $75,000,000.
(6) For the Navy Reserve, $22,500,000.
(7) For the Marine Corps Reserve, $15,000,000.
(8) For the Army National Guard, $300,000,000.
SEC. 1610. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2009
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in the amount of $750,000,000, for the Defense Working
Capital Funds.
SEC. 1611. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2009 for expenses, not otherwise provided
for, for the Defense Health Program in the amount of $460,000,000 for
operation and maintenance.
SEC. 1612. IRAQ FREEDOM FUND.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2009 for the Iraq Freedom Fund in the amount of
$150,000,000.
(b) Transfer.--
(1) Transfer authorized.--Subject to paragraph (2), amounts
authorized to be appropriated by subsection (a) may be
transferred from the Iraq Freedom Fund to any accounts as
follows:
(A) Operation and maintenance accounts of the Armed
Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation
accounts of the Department of Defense.
(D) Procurement accounts of the Department of
Defense.
(E) Accounts providing funding for classified
programs.
(F) The operating expenses account of the Coast
Guard.
(2) Notice to congress.--A transfer may not be made under
the authority in paragraph (1) until five days after the date
on which the Secretary of Defense notifies the congressional
defense committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred to
an account under the authority in paragraph (1) shall be merged
with amounts in such account and shall be made available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such account.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.
SEC. 1613. IRAQ SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2009 for the Iraq Security Forces
Fund in the amount of $200,000,000.
(b) Use of Funds.--
(1) In general.--Funds appropriated pursuant to subsection
(a) shall be available to the Secretary of Defense for the
purpose of allowing the Commander, Multi-National Security
Transition Command-Iraq, to provide assistance to the security
forces of Iraq.
(2) Types of assistance authorized.--Assistance provided
under this section may include the provision of equipment,
supplies, services, and training.
(3) Secretary of state concurrence.--Assistance may be
provided under this section only with the concurrence of the
Secretary of State.
(c) Authority in Addition to Other Authorities.--The authority to
provide assistance under this section is in addition to any other
authority to provide assistance to foreign nations.
(d) Transfer Authority.--
(1) Transfers authorized.--Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may be
transferred from the Iraq Security Forces Fund to any of the
following accounts and funds of the Department of Defense to
accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid
account.
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to any other transfer authority
available to the Department of Defense.
(3) Transfers back to the fund.--Upon determination that
all or part of the funds transferred from the Iraq Security
Forces Fund under paragraph (1) are not necessary for the
purpose provided, such funds may be transferred back to the
Iraq Security Forces Fund.
(4) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.
(e) Notice to Congress.--Funds may not be obligated from the Iraq
Security Forces Fund, or transferred under the authority provided in
subsection (d)(1), until five days after the date on which the
Secretary of Defense notifies the congressional defense committees in
writing of the details of the proposed obligation or transfer.
(f) Contributions.--
(1) Authority to accept contributions.--Subject to
paragraph (2), the Secretary of Defense may accept
contributions of amounts to the Iraq Security Forces Fund for
the purposes provided in subsection (b) from any foreign
government or international organization. Any amounts so
accepted shall be credited to the Iraq Security Forces Fund.
(2) Limitation.--The Secretary may not accept a
contribution under this subsection if the acceptance of the
contribution would compromise or appear to compromise the
integrity of any program of the Department of Defense.
(3) Use.--Amounts accepted under this subsection shall be
available for assistance authorized by subsection (b),
including transfer under subsection (d) for that purpose.
(4) Notification.--The Secretary shall notify the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, in writing, upon the
acceptance, and upon the transfer under subsection (d), of any
contribution under this subsection. Such notice shall specify
the source and amount of any amount so accepted and the use of
any amount so accepted.
(g) Quarterly Reports.--Not later than 30 days after the end of
each fiscal-year quarter, the Secretary of Defense shall submit to the
congressional defense committees a report summarizing the details of
any obligation or transfer of funds from the Iraq Security Forces Fund
during such fiscal-year quarter.
(h) Expiration of Authority.--The authority in this section shall
expire on September 30, 2010.
SEC. 1614. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1615. LIMITATION ON USE OF FUNDS.
(a) Report.--Amounts authorized to be appropriated by this title
may not be obligated until 15 days after the Secretary of Defense has
transmitted to the congressional defense committees a report setting
forth the proposed allocation of such amounts at the program, project,
or activity level.
(b) Effect of Report.--The report required by subsection (a) shall
serve as a base for reprogramming for the purposes of sections 1514 and
1001.
SEC. 1616. CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO LARGE-SCALE
INFRASTRUCTURE PROJECTS, COMBINED OPERATIONS, AND OTHER
ACTIVITIES IN IRAQ.
(a) Finding.--The Senate finds that the financial contributions of
the Government of Iraq to the reconstruction and stability of Iraq have
been increasing.
(b) Large-Scale Infrastructure Projects.--
(1) Limitation on availability of united states funds for
projects.--Amounts authorized to be appropriated by this Act
(other than amounts described in paragraph (3)) may not be
obligated or expended for any large-scale infrastructure
project in Iraq that is commenced after the date of the
enactment of this Act.
(2) Funding of reconstruction projects by the government of
iraq.--The United States Government shall work with the
Government of Iraq to provide that the Government of Iraq shall
obligate and expend funds of the Government of Iraq for
reconstruction projects in Iraq that are not large-scale
infrastructure projects before obligating and expending United
States assistance (other than amounts described in paragraph
(3)) for such projects.
(3) Exception for cerp.--The limitations in paragraphs (1)
and (2) do not apply to amounts authorized to be appropriated
by this Act for the Commanders' Emergency Response Program
(CERP).
(4) Large-scale infrastructure project defined.--In this
subsection, the term ``large-scale infrastructure project''
means any construction project for infrastructure in Iraq that
is estimated by the United States Government at the time of the
commencement of the project to cost at least $2,000,000.
(c) Combined Operations.--
(1) In general.--The United States Government shall
initiate negotiations with the Government of Iraq on an
agreement under which the Government of Iraq shall share with
the United States Government the costs of combined operations
of the Government of Iraq and the Multinational Forces Iraq
undertaken as part of Operation Iraqi Freedom.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall, in
conjunction with the Secretary of Defense, submit to Congress a
report describing the status of negotiations under paragraph
(1).
(d) Iraqi Security Forces.--
(1) In general.--The United States Government shall take
actions to ensure that Iraq funds are used to pay the
following:
(A) The costs of the salaries, training, equipping,
and sustainment of Iraqi Security Forces.
(B) The costs associated with the Sons of Iraq.
(2) Reports.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the
President shall submit to Congress a report setting forth an
assessment of the progress made in meeting the requirements of
paragraph (1).
Calendar No. 733
110th CONGRESS
2d Session
S. 3002
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2009 for military
activities of the Department of Defense, to prescribe military
personnel strengths for such fiscal year, and for other purposes.
_______________________________________________________________________
May 12, 2008
Read twice and placed on the calendar