Congressional Record (Bound Edition), Volume 154 (2008), Part 15 - DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

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

DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

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

S. 3001

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

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

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

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

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

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

[[Page 20805]]

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

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

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

Subtitle B--Army Programs

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

Subtitle C--Navy Programs

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

Subtitle D--Air Force Programs

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

Subtitle E--Joint and Multiservice Matters

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

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

Subtitle A--Authorization of Appropriations

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

Subtitle B--Program Requirements, Restrictions, and Limitations

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

Subtitle C--Missile Defense Programs

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

Subtitle D--Reports

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

Subtitle E--Other Matters

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

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

Subtitle C--Workplace and Depot Issues

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

Subtitle D--Energy Security

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

Subtitle E--Reports

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

[[Page 20806]]

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

Subtitle F--Other Matters

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

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

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

Subtitle B--Reserve Forces

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

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

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

Subtitle B--Reserve Component Management

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

Subtitle C--Joint Qualified Officers and Requirements

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

Subtitle D--General Service Authorities

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

Subtitle E--Education and Training

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

Subtitle F--Defense Dependents' Education

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

Subtitle G--Military Justice

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

Subtitle H--Decorations, Awards, and Honorary Promotions

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

Subtitle I--Military Families

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

[[Page 20807]]

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

Subtitle J--Other Matters

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

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

Subtitle B--Bonuses and Special and Incentive Pays

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

Subtitle C--Travel and Transportation Allowances

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

Subtitle D--Retired Pay and Survivor Benefits

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

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

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

Subtitle F--Other Matters

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

TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS

Subtitle A--Improvements to Health Benefits

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

Subtitle B--Preventive Care

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

Subtitle C--Wounded Warrior Matters

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

Subtitle D--Other Matters

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

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

Subtitle A--Acquisition Policy and Management

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

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

[[Page 20808]]

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

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

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

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

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

Subtitle E--Department of Defense Contractor Matters

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

Subtitle F--Matters Relating to Iraq and Afghanistan

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

Subtitle G--Governmentwide Acquisition Improvements

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

Subtitle H--Other Matters

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

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

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

Subtitle B--Space Activities

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

Subtitle C--Chemical Demilitarization Program

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

Subtitle D--Intelligence-Related Matters

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

Subtitle E--Other Matters

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

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

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

Subtitle B--Policy Relating to Vessels and Shipyards

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

Subtitle C--Counter-Drug Activities

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

[[Page 20809]]

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

Subtitle D--Miscellaneous Authorities and Limitations

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

Subtitle E--Studies and Reports

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

Subtitle F--Other Matters

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

TITLE XI--CIVILIAN PERSONNEL MATTERS

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

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

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

Subtitle B--Matters Relating to Iraq and Afghanistan

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

Subtitle C--Other Matters

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

[[Page 20810]]

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

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

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

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

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

Subtitle B--National Defense Stockpile

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

Subtitle C--Armed Forces Retirement Home

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

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

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

TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

TITLE XXI--ARMY

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

TITLE XXII--NAVY

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

TITLE XXIII--AIR FORCE

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

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

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

Subtitle B--Chemical Demilitarization Authorizations

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

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

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

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

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

Subtitle B--Amendments to Base Closure and Related Laws

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

Subtitle C--Other Matters

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

[[Page 20811]]

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

Subtitle B--Real Property and Facilities Administration

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

Subtitle C--Provisions Related to Guam Realignment

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

Subtitle D--Energy Security

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

Subtitle E--Land Conveyances

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

Subtitle F--Other Matters

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

TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

Subtitle A--Fiscal Year 2008 Projects

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

Subtitle B--Fiscal Year 2009 Projects

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

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

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

Subtitle B--Program Authorizations, Restrictions, and Limitations

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

Subtitle C--Reports

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

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV--MARITIME ADMINISTRATION

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

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

SEC. 4. EXPLANATORY STATEMENT.

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

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

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

[[Page 20812]]

Sec. 105. National Guard and Reserve equipment.

Subtitle B--Army Programs

Subtitle C--Navy Programs

Subtitle D--Air Force Programs

Subtitle E--Joint and Multiservice Matters

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

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

SEC. 102. NAVY AND MARINE CORPS.

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

SEC. 103. AIR FORCE.

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

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.

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

Subtitle B--Army Programs

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

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

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

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

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

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

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

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

SEC. 115. STRYKER MOBILE GUN SYSTEM.

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

[[Page 20813]]

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

Subtitle C--Navy Programs

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

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

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

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

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

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

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

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

Subtitle D--Air Force Programs

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

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

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

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

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

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

SEC. 134. F-22A FIGHTER AIRCRAFT.

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

Subtitle E--Joint and Multiservice Matters

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

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

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

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

[[Page 20814]]

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

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

SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.

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

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

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

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

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

[[Page 20815]]

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

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

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

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

Subtitle A--Authorization of Appropriations

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

Subtitle B--Program Requirements, Restrictions, and Limitations

Subtitle C--Missile Defense Programs

Subtitle D--Reports

Subtitle E--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

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

Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

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

[[Page 20816]]

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

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

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

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

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

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

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

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

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

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

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

SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND
MANUFACTURING.

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

[[Page 20817]]

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

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

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

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

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

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

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

Subtitle C--Missile Defense Programs

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

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

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

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

[[Page 20818]]

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

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

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

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

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

SEC. 235. AIRBORNE LASER SYSTEM.

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

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

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

[[Page 20819]]

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

Subtitle D--Reports

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

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

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

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

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

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

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

[[Page 20820]]

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

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

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

Subtitle E--Other Matters

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

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

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

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

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

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

SEC. 254. TRUSTED DEFENSE SYSTEMS.

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

[[Page 20821]]

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

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

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

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

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

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

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

[[Page 20822]]

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B--Environmental Provisions

Subtitle C--Workplace and Depot Issues

Subtitle D--Energy Security

Subtitle E--Reports

Subtitle F--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

Subtitle B--Environmental Provisions

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

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

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

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

[[Page 20823]]

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

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

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

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

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

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

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

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

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

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

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

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

Subtitle C--Workplace and Depot Issues

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

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

[[Page 20824]]

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

SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.

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

[[Page 20825]]

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

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

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

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

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

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

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

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

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

SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

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

[[Page 20826]]

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

Subtitle D--Energy Security

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

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

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

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

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

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

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

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

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

SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS.

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

[[Page 20827]]

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

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

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

Subtitle E--Reports

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

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

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

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

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

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

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

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

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

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

Subtitle F--Other Matters

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

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

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

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

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

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

[[Page 20828]]

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

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

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

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

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

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

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

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

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

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

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

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

Subtitle B--Reserve Forces

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

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

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

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

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

[[Page 20829]]

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

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

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

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

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

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

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

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

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

Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

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

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Subtitle B--Reserve Component Management

Subtitle C--Joint Qualified Officers and Requirements

Subtitle D--General Service Authorities

Subtitle E--Education and Training

[[Page 20830]]

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

Subtitle F--Defense Dependents' Education

Subtitle G--Military Justice

Subtitle H--Decorations, Awards, and Honorary Promotions

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

Subtitle I--Military Families

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

Subtitle J--Other Matters

Subtitle A--Officer Personnel Policy Generally

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 20831]]

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

[[Page 20832]]

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

Subtitle B--Reserve Component Management

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

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

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

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

``Army National Guard:

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

``Marine Corps Reserve:

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

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

``Air National Guard:

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

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

[[Page 20833]]

``Army National Guard:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 20834]]

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

Subtitle C--Joint Qualified Officers and Requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

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

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

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

[[Page 20835]]

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

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

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

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

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

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

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

Subtitle D--General Service Authorities

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

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

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

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

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

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

[[Page 20836]]

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

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

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

[[Page 20837]]

Subtitle E--Education and Training

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 20838]]

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 20839]]

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

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

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

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

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

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

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

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

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

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

[[Page 20840]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 20841]]

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

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

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

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

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

Subtitle F--Defense Dependents' Education

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

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

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

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

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

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

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

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

Subtitle G--Military Justice

SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.

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

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

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

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

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

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

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

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

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

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

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

[[Page 20842]]

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

Subtitle H--Decorations, Awards, and Honorary Promotions

SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.

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

``Sec. 1135. Replacement of military decorations

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

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

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

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

Subtitle I--Military Families

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

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

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

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

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

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

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

[[Page 20843]]

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

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

Subtitle J--Other Matters

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

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

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

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

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

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

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

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

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

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

SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.

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

[[Page 20844]]

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

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

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

[[Page 20845]]

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

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

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

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

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

Subtitle D--Retired Pay and Survivor Benefits

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

Subtitle F--Other Matters

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

Subtitle A--Pay and Allowances

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

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

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

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

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

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

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

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

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

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

Subtitle B--Bonuses and Special and Incentive Pays

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

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

[[Page 20846]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 20847]]

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

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

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

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

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

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

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

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

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

[[Page 20848]]

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

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

Subtitle C--Travel and Transportation Allowances

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

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

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

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

Subtitle D--Retired Pay and Survivor Benefits

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

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

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

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

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

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

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

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

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

[[Page 20849]]

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

Subtitle F--Other Matters

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

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

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

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

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

TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS

Subtitle A--Improvements to Health Benefits

Subtitle B--Preventive Care

[[Page 20850]]

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

Subtitle C--Wounded Warrior Matters

Subtitle D--Other Matters

Subtitle A--Improvements to Health Benefits

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

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

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

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

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

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

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

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

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

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

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

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

Subtitle B--Preventive Care

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

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

[[Page 20851]]

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

SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION
PROJECT.

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

SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.

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

SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

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

``Sec. 438. Preventive health services allowance

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

[[Page 20852]]

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

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

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

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

Subtitle C--Wounded Warrior Matters

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

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

[[Page 20853]]

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

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

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

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

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

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

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

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

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

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

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

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

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

Subtitle D--Other Matters

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

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

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

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

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

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

[[Page 20854]]

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

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

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

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

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

[[Page 20855]]

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

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

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

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

Subtitle A--Acquisition Policy and Management

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

Subtitle E--Department of Defense Contractor Matters

Subtitle F--Matters Relating to Iraq and Afghanistan

Subtitle G--Governmentwide Acquisition Improvements

Subtitle H--Other Matters

[[Page 20856]]

Subtitle A--Acquisition Policy and Management

SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

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

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

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

SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.

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

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

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

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

``Sec. 2430a. Major subprograms

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

[[Page 20857]]

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

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

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

(ii) in subparagraph (B)--

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

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

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

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

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

(v) in subparagraph (H)--

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

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

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

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

[[Page 20858]]

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

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

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

``Sec. 2445a. Definitions''.

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

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

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

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

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

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

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

[[Page 20859]]

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

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

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

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

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

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

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

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

[[Page 20860]]

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

SEC. 822. TECHNICAL DATA RIGHTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page 20861]]

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

SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

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

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

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

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

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

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

Subtitle E--Department of Defense Contractor Matters

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

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

[[Page 20862]]

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

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

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

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

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

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

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

SEC. 845. DEFENSE INDUSTRIAL SECURITY.

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

``Sec. 438. Defense industrial security

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

[[Page 20863]]

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

``438. Defense industrial security.''.

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

Subtitle F--Matters Relating to Iraq and Afghanistan

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

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

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

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

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

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

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

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

[[Page 20864]]

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

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

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

Subtitle G--Governmentwide Acquisition Improvements

SEC. 861. SHORT TITLE.

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

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

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

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

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

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

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

[[Page 20865]]

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

SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

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

SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

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

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

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

[[Page 20866]]

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

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

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

SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.

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

SEC. 870. CONTINGENCY CONTRACTING CORPS.

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

``SEC. 44. CONTINGENCY CONTRACTING CORPS.

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

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

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

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

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

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

[[Page 20867]]

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

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

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

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

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

Subtitle H--Other Matters

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

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

[[Page 20868]]

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

SEC. 882. REPORT ON MARKET RESEARCH.

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

SEC. 883. REPORT RELATING TO MUNITIONS.

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

SEC. 884. MOTOR CARRIER FUEL SURCHARGES.

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

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

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

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

(ii) in subparagraph (A)--

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

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

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

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

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

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

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

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

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

[[Page 20869]]

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

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Subtitle B--Space Activities

Subtitle C--Chemical Demilitarization Program

Subtitle D--Intelligence-Related Matters

Subtitle E--Other Matters

Subtitle A--Department of Defense Management

SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL
OPERATIONS FORCES.

(a) Requirement for Plan.--The commander of the special
operations command, in consultation with the secretaries of
the military departments, shall prepare and submit to the
Secretary of Defense a plan relating to personnel management
of special operations forces.
(b) Matters Covered.--The plan under subsection (a) shall
address the following:
(1) Coordination among the military departments in order to
enhance the manpower management and improve overall readiness
of special operations forces.
(2) Coordination by the commander of the special operations
command with the Secretaries of the military departments in
order to better execute his responsibility to maintain
readiness of special operations forces, including in the
areas of accessions, assignments, compensation, promotions,
professional development, retention, sustainment, and
training.
(c) Submission of Plan to Congressional Defense
Committees.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
the plan required under subsection (a) to the congressional
defense committees, together with such additional comments as
the Secretary and the Chairman of the Joint Chiefs of Staff
consider appropriate.

SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.

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

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

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

[[Page 20870]]

fiscal year and, not later than January 31 of the preceding
fiscal year, shall submit to the Secretary of Defense a
report containing the comments of the Director with respect
to the proposed budget, together with the certification of
the Director regarding whether the proposed budget is
adequate for implementation of the strategy.
``(4) Not later than 10 days after the date on which the
budget for a fiscal year is submitted to Congress pursuant to
section 1105 of title 31, the Secretary of Defense shall
submit to Congress a report on the proposed budgets for that
fiscal year that the Director has not certified under
paragraph (3). The report shall include the following:
``(A) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation
that the Secretary considers appropriate, to address the
inadequacy of the proposed budgets.
``(B) Any additional comments that the Secretary considers
appropriate regarding the inadequacy of the proposed budgets.
``(5) The report required by paragraph (4) shall also
include a separate statement of estimated expenditures and
requested appropriations for that fiscal year for the
activities of the Director in carrying out the duties of the
Director.
``(f) Access to Initiative Results and Records.--(1) The
Secretary of a military department shall submit to the
Director the results of all studies and initiatives conducted
by the military department in connection with the operational
energy strategy.
``(2) The Director shall have access to all records and
data in the Department of Defense (including the records and
data of each military department) necessary in order to
permit the Director to carry out the duties of the Director.
``(g) Staff.--The Director shall have a dedicated
professional staff of military and civilian personnel in a
number sufficient to enable the Director to carry out the
duties and responsibilities of the Director.
``(h) Definitions.--In this section:
``(1) Operational energy.--The term `operational energy'
means the energy required for training, moving, and
sustaining military forces and weapons platforms for military
operations. The term includes energy used by tactical power
systems and generators and weapons platforms.
``(2) Operational energy strategy.--The terms `operational
energy strategy' and `strategy' mean the operational energy
strategy developed under subsection (d).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 139a the following new item:

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

SEC. 903. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE
MILITARY DEPARTMENTS.

(a) Requirement to Designate Corrosion Control and
Prevention Executive.--Not later than 90 days after the date
of the enactment of this Act, the Assistant Secretary of each
military department with responsibility for acquisition,
technology, and logistics shall designate an employee of the
military department as the corrosion control and prevention
executive. Such executive shall be the senior official in the
department with responsibility for coordinating department-
level corrosion control and prevention program activities
(including budget programming) with the military department
and the Office of the Secretary of Defense, the program
executive officers of the military departments, and relevant
major subordinate commands of the military departments.
(b) Duties.--(1) The corrosion control and prevention
executive of a military department shall ensure that
corrosion control and prevention is maintained in the
department's policy and guidance for management of each of
the following:
(A) System acquisition and production, including design and
maintenance.
(B) Research, development, test, and evaluation programs
and activities.
(C) Equipment standardization programs, including
international standardization agreements.
(D) Logistics research and development initiatives.
(E) Logistics support analysis as it relates to integrated
logistic support in the materiel acquisition process.
(F) Military infrastructure design, construction, and
maintenance.
(2) The corrosion control and prevention executive of a
military department shall be responsible for identifying the
funding levels necessary to accomplish the items listed in
subparagraphs (A) through (F) of paragraph (1).
(3) The corrosion control and prevention executive of a
military department shall, in cooperation with the
appropriate staff of the department, develop, support, and
provide the rationale for resources--
(A) to initiate and sustain an effective corrosion control
and prevention program in the department;
(B) to evaluate the program's effectiveness; and
(C) to ensure that corrosion control and prevention
requirements for materiel are reflected in budgeting and
policies of the department for the formulation, management,
and evaluation of personnel and programs for the entire
department, including its reserve components.
(4) The corrosion control and prevention executive of a
military department shall be the principal point of contact
of the department to the Director of Corrosion Policy and
Oversight (as assigned under section 2228 of title 10, United
States Code).
(5) The corrosion control and prevention executive of a
military department shall submit an annual report, not later
than December 31 of each year, to the Secretary of Defense
containing recommendations pertaining to the corrosion
control and prevention program of the military department,
including corrosion-related funding levels to carry out all
of the duties of the executive under this section.

SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF
THE DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS
SYSTEM MANAGEMENT COMMITTEE.

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

SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE
SECRETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL
AND BIOLOGICAL DEFENSE PROGRAMS.

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

SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE
A STRATEGIC PLAN TO ENHANCE THE ROLE OF THE
NATIONAL GUARD AND RESERVES.

(a) Plan.--Not later than April 1, 2009, the Secretary of
Defense shall prepare a plan for enhancing the roles of the
National Guard and Reserve--
(1) when federalized in the case of the National Guard, or
activated in the case of the Reserves, in support of
operations conducted under title 10, United States Code,
including the transition of the reserve component of the
Armed Forces from a strategic force to an operational
reserve;
(2) in support of operations conducted under title 32,
United States Code, or in support to civil authorities; and
(3) with respect to the achievement of a fully-integrated
total force (including further development of a continuum of
service).
(b) Consultation.--In preparing the plan under subsection
(a), the Secretary of Defense shall take into consideration
the advice of the Chairman of the Joint Chiefs of Staff, the
Secretary and Chief of Staff of the Army, the Secretary and
Chief of Staff of the Air Force, the commander of the United
States Northern Command, the Chief of the National Guard
Bureau, and other appropriate officials, as determined by the
Secretary of Defense.
(c) Matters to Be Assessed.--In preparing the plan, the
Secretary shall assess--
(1) the findings, conclusions, and recommendations of the
Final Report to Congress and the Secretary of Defense of the
Commission on the National Guard and Reserves, dated January
31, 2008, and titled ``Transforming the National Guard and
Reserves into a 21st-Century Operational Force''; and
(2) the provisions of H.R. 5603 and S. 2706 of the 110th
Congress, as introduced on March 13, 2008 (the National Guard
Empowerment and State-National Defense Integration Act of
2008).
(d) Report.--Not later than April 1, 2009, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
plan required under this section. The report shall include
recommendations on--
(1) any changes to the current Department of Defense
organization, structure, command relationships, budget
authority, procurement authority, and compensation and
benefits;
(2) any legislation that the Secretary considers necessary;
and
(3) any other matter the Secretary considers appropriate.

[[Page 20871]]

SEC. 907. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE.

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

SEC. 908. BUSINESS TRANSFORMATION INITIATIVES FOR THE
MILITARY DEPARTMENTS.

(a) In General.--The Secretary of each military department
shall, acting through the Chief Management Officer of such
military department, carry out an initiative for the business
transformation of such military department.
(b) Objectives.--The objectives of the business
transformation initiative of a military department under this
section shall include, at a minimum, the following:
(1) The development of a comprehensive business
transformation plan, with measurable performance goals and
objectives, to achieve an integrated management system for
the business operations of the military department.
(2) The development of a well-defined enterprise-wide
business systems architecture and transition plan
encompassing end-to-end business processes and capable of
providing accurately and timely information in support of
business decisions of the military department.
(3) The implementation of the business transformation plan
developed pursuant to paragraph (1) and the business systems
architecture and transition plan developed pursuant to
paragraph (2).
(c) Business Transformation Offices.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of each military
department shall establish within such military department an
office (to be known as the ``Office of Business
Transformation'' of such military department) to assist the
Chief Management Officer of such military department in
carrying out the initiative required by this section for such
military department.
(2) Head.--The Office of Business Transformation of a
military department under this subsection shall be headed by
a Director of Business Transformation, who shall be appointed
by the Chief Management Officer of the military department,
in consultation with the Director of the Business
Transformation Agency of the Department of Defense, from
among individuals with significant experience managing large-
scale organizations or business transformation efforts.
(3) Supervision.--The Director of Business Transformation
of a military department under paragraph (2) shall report
directly to the Chief Management Officer of the military
department, subject to policy guidance from the Director of
the Business Transformation Agency of the Department of
Defense.
(4) Authority.--In carrying out the initiative required by
this section for a military department, the Director of
Business Transformation of the military department under
paragraph (2) shall have the authority to require elements of
the military department to carry out actions that are within
the purpose and scope of the initiative.
(d) Responsibilities of Business Transformation Offices.--
The Office of Business Transformation of a military
department established pursuant to subsection (b) may be
responsible for the following:
(1) Transforming the budget, finance, accounting, and human
resource operations of the military department in a manner
that is consistent with the business transformation plan
developed pursuant to subsection (b)(1).
(2) Eliminating or replacing financial management systems
of the military department that are inconsistent with the
business systems architecture and transition plan developed
pursuant to subsection (b)(2).
(3) Ensuring that the business transformation plan and the
business systems architecture and transition plan are
implemented in a manner that is aggressive, realistic, and
accurately measured.
(4) Such other responsibilities as the Secretary of that
military department determines are appropriate.
(e) Required Elements.--In carrying out the initiative
required by this section for a military department, the Chief
Management Officer and the Director of Business
Transformation of the military department shall ensure that
each element of the initiative is consistent with--
(1) the requirements of the Business Enterprise
Architecture and Transition Plan developed by the Secretary
of Defense pursuant to section 2222 of title 10, United
States Code;
(2) the Standard Financial Information Structure of the
Department of Defense;
(3) the Federal Financial Management Improvement Act of
1996 (and the amendments made by that Act); and
(4) other applicable requirements of law and regulation.
(f) Reports on Implementation.--
(1) Initial reports.--Not later than nine months after the
date of the enactment of this Act, the Chief Management
Officer of each military department shall submit to the
congressional defense committees a report on the actions
taken, and on the actions planned to be taken, by such
military department to implement the requirements of this
section.
(2) Updates.--Not later than March 1 of each of 2010, 2011,
and 2012, the Chief Management Officer of each military
department shall submit to the congressional defense
committees a current update of the report submitted by such
Chief Management Officer under paragraph (1).

Subtitle B--Space Activities

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

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

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

(a) Requirement.--The Secretary of Defense shall conduct an
assessment to determine a recommended investment and
acquisition strategy for commercial satellite capabilities.
(b) Elements.--The assessment required under subsection (a)
shall include the following:
(1) Review of national and defense policy relevant to the
requirements for, acquisition of, and use of commercial
satellite capabilities, and the relationship with commercial
satellite providers.
(2) Assessment of the manner in which commercial satellite
capabilities are used by the Department of Defense and
options for expanding such use or identifying new means to
leverage commercial satellite capabilities, such as hosting
payloads.
(3) Review of military requirements for satellite
communications and remote sensing by quantity, quality,
timeline, and any other metric considered appropriate.
(4) Description of current and planned commercial satellite
capabilities and an assessment of their ability to meet the
requirements identified in paragraph (3).
(5) Assessment of the ability of commercial satellite
capabilities to meet other military requirements not
identified in paragraph (3).
(6) Description of the use of and resources allocated to
commercial satellite communications and remote sensing needed
to meet the requirements identified in paragraph (3) during--
(A) the five-year period preceding the date of the
assessment;
(B) the period from the date of the assessment through the
fiscal years covered under the future-years defense program
under section 221 of title 10, United States Code; and
(C) the period beyond the fiscal years covered under the
future-years defense program under such section 221.
(7) Assessment of purchasing patterns that may lead to
recommendations in which the Department may consolidate
requirements, centralize operations, aggregate purchases, or
leverage purchasing power (including the use of multiyear
contracting).
(8) Assessment of various models for acquiring commercial
satellite capabilities, including funding, management, and
operations models.
(c) Report.--
(1) In general.--Not later than February 1, 2010, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth the results of the
assessment required under subsection (a) and provide
recommendations, including--
(A) the recommended investment and acquisition strategy of
the Department for commercial satellite capabilities;
(B) how the investment and acquisition strategy should be
addressed in fiscal years after fiscal year 2010; and
(C) a proposal for such legislative action as the Secretary
considers necessary to acquire appropriate types and amounts
of commercial satellite capabilities.
(2) Form.--The report shall be in unclassified form, but
may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``commercial satellite capabilities'' means
the system, capability, or service provided by a commercial
satellite provider.
(2) The term ``commercial satellite provider'' refers to
privately owned and operated space systems, their technology,
components, products, data, services, and related
information, as well as foreign systems whose products and
services are sold commercially.

[[Page 20872]]

SEC. 913. SPACE POSTURE REVIEW.

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

Subtitle C--Chemical Demilitarization Program

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

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

SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF
HYDROLYSATE AT PUEBLO CHEMICAL DEPOT, COLORADO.

(a) Findings.--Congress makes the following findings:
(1) The Pueblo Chemical Agent Destruction Pilot Plant,
Colorado, is not planned to begin chemical agent destruction
operations until 2015.
(2) There will be no hydrolysate byproduct of chemical
agent neutralization at the Pueblo Chemical Depot, Colorado,
until after chemical agent destruction operations begin.
(3) The Department of Defense has no plans to produce,
treat, store, or transport hydrolysate at the Pueblo Chemical
Depot, Colorado, during fiscal year 2009.
(4) A January 10, 2007, Department of Defense Acquisition
Decision Memorandum requires the Program Manager for the
Assembled Chemical Weapons Alternatives to continue to pursue
off-site treatment and disposal of hydrolysate as long as
doing so would be safe, efficient, and economically
beneficial.
(b) Cost-Benefit Analysis.--The Secretary of Defense shall
perform a cost-benefit analysis of future on-site and off-
site options for treatment and disposal of hydrolysate
expected to be produced at the Pueblo Chemical Depot,
Colorado.
(c) Report.--Together with the budget justification
materials submitted to Congress in support of the Department
of Defense budget for fiscal year 2010 (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code), the Secretary of Defense shall submit to
the congressional defense committees a report containing the
results of the cost-benefit analysis required by subsection
(b).
(d) Notice and Wait.--After the submission of the report
required by subsection (c), if the Secretary of Defense
decides to transport hydrolysate from Pueblo Chemical Depot,
Colorado, to an off-site location during fiscal year 2009,
the Department shall not commence such transport until 60
days after the Secretary provides written notice to the
congressional defense committees of the Department's intent
to conduct such transport.

Subtitle D--Intelligence-Related Matters

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

(a) Technical Changes to United States Code.--
(1) Title 5.--Title 5, United States Code, is amended by
striking ``National Imagery and Mapping Agency'' each place
it appears and inserting ``National Geospatial-Intelligence
Agency''.
(2) Title 44--Title 44, United States Code, is amended by
striking ``National Imagery and Mapping Agency'' each place
it appears and inserting ``National Geospatial-Intelligence
Agency''.
(b) Technical Changes to Other Acts.--
(1) Ethics in government act of 1978--Section 105(a)(1) of
the Ethics in Government Act of 1978 (Public Law 95-521; 5
U.S.C. App. 4) is amended by striking ``National Imagery and
Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(2) Inspector general act of 1978.--Section 8H of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) is amended--
(A) in subsection (a)(1)(A), by striking ``National Imagery
and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``National Imagery
and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
(3) Employee polygraph protection act of 1988.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of
1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking
``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(4) Legislative branch appropriations act, 1993.--Section
207(a)(2)(B) of the Legislative Branch Appropriations Act,
1993 (Public Law 102-392; 44 U.S.C. 501 note), is amended by
striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(5) Homeland security act of 2002.--Section 201(e)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.

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

(a) References to Head of Intelligence Community.--Title
10, United States Code, is

[[Page 20873]]

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

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

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

Subtitle E--Other Matters

SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT
OF DEFENSE REGIONAL CENTERS FOR SECURITY
STUDIES.

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

SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED
STATES SOUTHERN COMMAND DEVELOPMENT ASSISTANCE
ACTIVITIES.

(a) Report and Certification Required.--Not later than 120
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report describing the development
assistance activities carried out by the United States
Southern Command during fiscal year 2008 and planned for
fiscal year 2009 and containing a certification by the
Secretary that such development assistance activities--
(1) will not adversely diminish the ability of the United
States Southern Command or its components to carry out its
combat or military missions;
(2) do not divert resources from funded or unfunded
requirements of the United States Southern Command in
connection with the role of the Department of Defense under
section 124 of title 10, United States Code, as the single
lead agency of the Federal Government for the detection and
monitoring of aerial and maritime transit of illegal drugs
into the United States;
(3) are not unnecessarily duplicative of activities already
conducted or planned to be conducted by any other Federal
department or agency during fiscal year 2009; and
(4) are designed, planned, and conducted to complement
joint training and exercises, host-country capacity building,
or similar activities directly connected to the
responsibilities of the United States Southern Command.
(b) Restriction on Obligation of Funds Pending
Certification.--Of the amounts appropriated pursuant to an
authorization of appropriations in this Act or otherwise made
available for fiscal year 2009 for operation and maintenance
for the United States Southern Command, not more than 90
percent may be obligated or expended until 30 days after the
certification required by subsection (a) is received by the
congressional defense committees.
(c) Development Assistance Activities Defined.--In this
section, the term ``development assistance activities'' means
assistance activities carried out by the United States
Southern Command that are comparable to the assistance
activities carried out by the United States under--
(1) chapters 1, 10, 11, and 12 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296
et seq.); and
(2) any other provision of law for purposes comparable to
the purposes for which assistance activities are carried out
under the provisions of law referred to in paragraph (1).

SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.

(a) Non-Conventional Assisted Recovery Capabilities.--Upon
a determination by a commander of a combatant command that an
action is necessary in connection with a non-conventional
assisted recovery effort, and with the concurrence of the
relevant Chief of Mission or Chiefs of Mission, an amount not
to exceed $20,000,000 of the funds appropriated pursuant to
an authorization of appropriations or otherwise made
available for ``Operation and Maintenance, Navy'' may be used
to establish, develop, and maintain non-conventional assisted
recovery capabilities.
(b) Procedures.--The Secretary of Defense shall establish
procedures for the exercise of the authority under subsection
(a). The Secretary shall notify the congressional defense
committees of those procedures before any exercise of that
authority.
(c) Authorized Activities.--Non-conventional assisted
recovery capabilities authorized under subsection (a) may, in
limited and special circumstances, include the provision of
support to foreign forces, irregular forces, groups, or
individuals in order to facilitate the recovery of Department
of Defense or Coast Guard military or civilian personnel, or
other individuals who, while conducting activities in support
of United States military operations, become separated or
isolated and cannot rejoin their units without the assistance
authorized in subsection (a). Such support may include the
provision of limited amounts of equipment, supplies,
training, transportation, or other logistical support or
funding.
(d) Notice to Congress on Use of Authority.--Upon using the
authority in subsection (a) to make funds available for
support of non-conventional assisted recovery activities, the
Secretary of Defense shall notify the congressional defense
committees within 72 hours of the use of such authority with
respect to support of such activities. Any such notice shall
be in writing.
(e) Annual Report.--Not later than 30 days after the close
of each fiscal year during which subsection (a) is in effect,
the Secretary of Defense shall submit to the congressional
defense committees a report on support provided under that
subsection during that fiscal year. Each such report shall
describe the support provided, including a statement of the
recipient of support and the amount obligated to provide the
support.
(f) Limitation on Intelligence Activities.--This section
does not constitute authority to conduct a covert action, as
such term is defined in section 503(e) of the National
Security Act of 1947 (50 U.S.C. 413b(e)).
(g) Limitation on Foreign Assistance Activities.--This
section does not constitute authority--
(1) to build the capacity of foreign military forces or
provide security and stabilization assistance, as described
in sections 1206 and 1207 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456 and 3458), respectively; and
(2) to provide assistance that is otherwise prohibited by
any other provision in law, including any provision of law
relating to the control of exports of defense articles or
defense services.
(h) Period of Authority.--The authority under this section
is in effect during each of the fiscal years 2009 through
2011.

SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT
ISSUES.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on certain homeland defense and civil support issues.
(b) Elements.--The report required under subsection (a)
shall include the following:

[[Page 20874]]

(1) A description of the progress made by the Department of
Defense to address the concerns related to the United States
Northern Command identified in the Comptroller General
reports GAO-08-251 and GAO-08-252, including improved
coordination with other agencies.
(2) A detailed description of the plans and progress made
by the Department of Defense to establish forces assigned the
mission of managing the consequences of an incident in the
United States homeland involving a chemical, biological,
radiological, or nuclear device, or high-yield explosives.

SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Chief of the National Guard Bureau
shall submit to the Secretary of Defense a report--
(1) detailing the extent to which the various provisions in
title XVIII of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) have been effective in
giving the Chief of the National Guard Bureau the authorities
and resources needed to perform the responsibilities and
duties of the Chief; and
(2) assessing the adequacy of Department of Defense funding
for the resource requirements of the National Guard.
(b) Report to Congress.--Not later than 30 days after the
Secretary of Defense receives the report under subsection
(a), the Secretary shall submit to Congress such report,
along with any explanatory comments the Secretary considers
necessary.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Subtitle B--Policy Relating to Vessels and Shipyards

Subtitle C--Counter-Drug Activities

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

Subtitle D--Miscellaneous Authorities and Limitations

Subtitle E--Studies and Reports

Subtitle F--Other Matters

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2009 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,200,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).

SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.

(a) Reduction of Payments.--Notwithstanding any other
provision of law, any

[[Page 20875]]

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

SEC. 1003. MANAGEMENT OF PURCHASE CARDS.

(a) Penalties for Violations.--Section 2784(c)(1) of title
10, United States Code, is amended by striking ``(1) provide
for'' and inserting the following:
``(1) provide--
``(A) for the reimbursement of charges for unauthorized or
erroneous purchases, in appropriate cases; and
``(B) for''.
(b) Required Report.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report detailing
actions to be taken by the Department of Defense to implement
the recommendations of the Government Accountability Office
in its report titled ``Actions Needed to Strengthen Internal
Controls to Reduce Fraudulent, Improper, and Abusive
Purchases'' (GAO-08-333) to improve safeguards and internal
controls on the use of agency purchase cards.

SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED
STATES CONTRIBUTIONS TO THE NORTH ATLANTIC
TREATY ORGANIZATION COMMON-FUNDED BUDGETS.

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

``Sec. 2263. United States contributions to the North
Atlantic Treaty Organization common-funded budgets

``(a) In General.--The total amount contributed by the
Secretary of Defense in any fiscal year for the common-funded
budgets of NATO may be an amount in excess of the maximum
amount that would otherwise be applicable to those
contributions in such fiscal year under the fiscal year 1998
baseline limitation.
``(b) Reports.--(1) Not later than October 30 each year,
the Secretary of Defense shall submit to the congressional
defense committees a report on the contributions made by the
Secretary to the common-funded budgets of NATO in the
preceding fiscal year.
``(2) Each report under paragraph (1) shall include, for
the fiscal year covered by such report, the following:
``(A) The amounts contributed by the Secretary to each of
the separate budgets and programs of the North Atlantic
Treaty Organization under the common-funded budgets of NATO.
``(B) For each budget and program to which the Secretary
made such a contribution, the percentage of such budget or
program during the fiscal year that such contribution
represented.
``(c) Definitions.--In this section:
``(1) Common-funded budgets of nato.--The term `common-
funded budgets of NATO' means the Military Budget, the
Security Investment Program, and the Civil Budget of the
North Atlantic Treaty Organization (and any successor or
additional account or program of NATO).
``(2) Fiscal year 1998 baseline limitation.--The term
`fiscal year 1998 baseline limitation' means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the
Senate giving the advice and consent of the Senate to the
ratification of the Protocols to the North Atlantic Treaty of
1949 on the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that resolution),
approved by the Senate on April 30, 1998.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 134 of such title is
amended by adding at the end the following new item:

``2263. United States contributions to the North Atlantic Treaty
Organization common-funded budgets.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008, and shall apply to
fiscal years that begin on or after that date.

SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.

(a) Amounts Specified in Joint Explanatory Statement Are
Authorized by Law.--Wherever a funding table in the Joint
Explanatory Statement which is to be printed in the
Congressional Record on or about September 23, 2008, to
explain the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 specifies a dollar amount for a project,
program, or activity, the obligation and expenditure of the
specified dollar amount for the indicated project, program,
or activity is hereby authorized by law to be carried out to
the same extent as if included in the text of the Act,
subject to the availability of appropriations.
(b) Merit-Based Decisions.--Decisions by agency heads to
commit, obligate, or expend funds with or to a specific
entity on the basis of dollar amount authorized pursuant to
subsection (a) shall be based on authorized, transparent,
statutory criteria, or merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, and other applicable
provisions of law.
(c) Relationship to Transfer and Reprogramming Authority.--
This section does not prevent an amount covered by this
section from being transferred or reprogrammed under a
transfer or reprogramming authority provided by another
provision of this Act or by other law. The transfer or
reprogramming of an amount incorporated into the Act by this
section shall not count against a ceiling on such transfers
or reprogrammings under section 1001 of this Act or any other
provision of law, unless such transfer or reprogramming would
move funds between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex to the Joint Explanatory
Statement referred to in subsection (a).
(e) Oral and Written Communication.--No oral or written
communication concerning any amount specified in the Joint
Explanatory Statement referred to in subsection (a) shall
supersede the requirements of this section.

Subtitle B--Policy Relating to Vessels and Shipyards

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

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

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

Section 7310 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Report.--(1) The Secretary of the Navy shall submit
to Congress each year, at the time that the President's
budget is submitted to Congress that year under section
1105(a) of title 31, a report listing all repairs and
maintenance performed on any covered naval vessel that has
undergone work for the repair of the vessel in any shipyard
outside the United States or Guam (in this section referred
to as a `foreign shipyard') during the fiscal year preceding
the fiscal year in which the report is submitted.
``(2) The report shall include the percentage of the annual
ship repair budget of the Navy that was spent on repair of
covered naval vessels in foreign shipyards during the fiscal
year covered by the report.
``(3) The report also shall include the following with
respect to each covered naval vessel:
``(A) The justification under law for the repair in a
foreign shipyard.
``(B) The name and class of vessel repaired.
``(C) The category of repair and whether the repair
qualified as voyage repair as defined in Commander Military
Sealift Command Instruction 4700.15C (September 13, 2007) or
Joint Fleet Maintenance Manual (Commander Fleet Forces
Command Instruction 4790.3 Revision A, Change 7), Volume III.
Scheduled availabilities are to be considered as a composite
and reported as a single entity without individual repair and
maintenance items listed separately.

[[Page 20876]]

``(D) The shipyard where the repair work was carried out.
``(E) The number of days the vessel was in port for repair.
``(F) The cost of the repair and the amount (if any) that
the cost of the repair was less than or greater than the cost
of the repair provided for in the contract.
``(G) The schedule for repair, the amount of work
accomplished (stated in terms of work days), whether the
repair was accomplished on schedule, and, if not so
accomplished, the reason for the schedule over-run.
``(H) The homeport or location of the vessel prior to its
voyage for repair.
``(I) Whether the repair was performed under a contract
awarded through the use of competitive procedures or
procedures other than competitive procedures.
``(4) In this subsection, the term `covered naval vessel'
means any of the following:
``(A) A naval vessel.
``(B) Any other vessel under the jurisdiction of the
Secretary of the Navy.''.

SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS
STRICKEN FROM THE NAVAL VESSEL REGISTER.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy, in consultation with the
Administrator of the Maritime Administration, shall submit to
the congressional defense committees a report containing--
(1) a plan for the sale and disposal of each vessel over
50,000 tons light ship displacement stricken from the Naval
Vessel Register but not yet disposed of by the Navy or the
Maritime Administration; and
(2) the estimated contribution to the domestic market for
steel and other metals that might be made from the scrapping
of such vessels.

SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS
OPERATIONS.

(a) Authority for Payment.--Of the amounts appropriated for
operation and maintenance for the Navy, not more that
$1,000,000 may be used to pay the charge established under
section 1011 of title 37, United States Code, for meals sold
by messes for United States Navy and Naval Auxiliary vessels
to the following:
(1) Members of nongovernmental organizations and officers
or employees of host and foreign nations when participating
in or providing support to United States civil-military
operations.
(2) Foreign national patients treated on Naval vessels
during the conduct of United States civil-military
operations, and their escorts.
(b) Expiration of Authority.--The authority to pay for
meals under subsection (a) shall expire on September 30,
2010.
(c) Report.--Not later than March 31 of each year during
which the authority to pay for meals under subsection (a) is
in effect, the Secretary of Defense shall submit to Congress
a report on the use of such authority.

SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE
STRIKE FORCES OF THE UNITED STATES NAVY.

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

Subtitle C--Counter-Drug Activities

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

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

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

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

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

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

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

(a) Extension of Authority.--Subsection (a)(2) of section
1033 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1881), as amended by
section 1021 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136, 117 Stat. 1593),
section 1022 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2137), and section 1022 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 304), is further amended by striking ``2008'' and
inserting ``2009''.
(b) Additional Governments Eligible to Receive Support.--
Subsection (b) of such section is amended by adding at the
end the following new paragraphs:
``(19) The Government of Guinea-Bissau.
``(20) The Government of Senegal.
``(21) The Government of El Salvador.
``(22) The Government of Honduras.''.
(c) Maximum Annual Amount of Support.--Subsection (e)(2) of
such section is amended--
(1) by striking ``or'' after ``2006,''; and
(2) by striking the period at the end and inserting ``, or
$75,000,000 during fiscal year 2009.''.
(d) Condition on Provision of Support.--Subsection (f) of
such section is amended--
(1) in paragraph (2), by inserting after ``In the case of''
the following: ``funds appropriated for fiscal year 2009 to
carry out this section and''; and
(2) in paragraph (4)(B), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''.
(e) Counter-Drug Plan.--Subsection (h) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2004'' and inserting ``fiscal year 2009''; and
(2) in subparagraph (7), by striking ``For the first fiscal
year'' and inserting ``For fiscal year 2009, and thereafter,
for the first fiscal year''.

SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR
COUNTER-NARCOTICS EFFORTS FOR UNITED STATES
AFRICA COMMAND.

(a) Report Required.--Not later than June 30, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a comprehensive strategy of the Department
of the Defense with regard to counter-narcotics efforts in
Africa, with an emphasis on West Africa and the Maghreb. The
Secretary of Defense shall prepare the strategy in
consultation with the Secretary of State.
(b) Matters to Be Included.--The comprehensive strategy
shall consist of a general overview and a separate detailed
section for each of the following:
(1) A description of the overall United States counter-
narcotics policy for Africa.
(2) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for Africa.
(3) The priorities for the Department of Defense to meet
programmatic objectives one-year, three-years, and five-years
after the end of fiscal year 2009, including a description of
the expected allocation of resources of the Department of
Defense to accomplish these priorities.
(4) The efforts of the Secretary of Defense to coordinate
the Department of Defense counter-narcotics activities in
Africa with Department of Defense building capacity programs,
including programs carried out under the authority of the
Secretary under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456).
(5) The efforts to coordinate the counter-narcotics
activities of the Department of Defense with the counter-
narcotics activities of the governments eligible to receive
support under section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1881) and the counter-narcotics activities in
Africa of European countries and other international and
regional partners.
(c) Plans.--The comprehensive strategy shall also include
the following plans:
(1) A detailed and comprehensive plan to utilize the
capabilities and assets of the combatant commands that
geographically surround the United States Africa Command for
the counter-narcotics efforts and activities of the United
States Africa Command on a temporary basis until the United
States Africa Command develops its own commensurate
capabilities and assets, including in the plan a description
of what measures will be taken to effectuate the transition
of the missions.
(2) A detailed and comprehensive plan to enhance
cooperation with certain African countries, which are often
geographically contiguous to other African countries that
have a significant narcotics-trafficking challenges, to
increase the effectiveness of the counter-narcotics
activities of the Department of Defense and its international
and regional partners.

[[Page 20877]]

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

(a) Report Required.--Not later than June 30, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a comprehensive strategy of the Department
of the Defense with regard to counter-narcotics efforts in
the South and Central Asian regions, including the countries
of Afghanistan, Turkmenistan, Tajikistan, Kyrgyzstan,
Kazakhstan, Pakistan, and India, as well as the countries of
Armenia, Azerbaijan, and China.
(b) Matters to Be Included.--The comprehensive strategy
shall consist of a general overview and a separate detailed
section for each of the following:
(1) The roles and missions of the Department of Defense in
support of the overall United States counter-narcotics policy
for countries of the South and Central Asian regions and the
other countries specified in subsection (a).
(2) The priorities for the Department of Defense to meet
programmatic objectives for fiscal year 2010, including a
description of the expected allocation of resources of the
Department of Defense to accomplish these priorities.
(3) The ongoing and planned counter-narcotics activities
funded by the Department of Defense for such regions and
countries.
(4) The efforts to coordinate the counter-narcotics
activities of the Department of Defense with the counter-
narcotics activities of such regions and countries and the
counter-narcotics activities of other international partners
in such regions and countries.
(5) The specific metrics used by the Department of Defense
to evaluate progress of activities to reduce the production
and trafficking of illicit narcotics in such regions and
countries.

Subtitle D--Miscellaneous Authorities and Limitations

SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES
GOVERNMENT TO CONDUCT COMPLEX OPERATIONS.

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

``Sec. 409. Center for Complex Operations

``(a) Center Authorized.--The Secretary of Defense may
establish a center to be known as the `Center for Complex
Operations' (in this section referred to as the `Center').
``(b) Purposes.--The purposes of the Center established
under subsection (a) shall be the following:
``(1) To provide for effective coordination in the
preparation of Department of Defense personnel and other
United States Government personnel for complex operations.
``(2) To foster unity of effort during complex operations
among--
``(A) the departments and agencies of the United States
Government;
``(B) foreign governments and militaries;
``(C) international organizations and international
nongovernmental organizations; and
``(D) domestic nongovernmental organizations.
``(3) To conduct research; collect, analyze, and distribute
lessons learned; and compile best practices in matters
relating to complex operations.
``(4) To identify gaps in the education and training of
Department of Defense personnel, and other relevant United
States Government personnel, relating to complex operations,
and to facilitate efforts to fill such gaps.
``(c) Concurrence of the Secretary of State.--The Secretary
of Defense shall seek the concurrence of the Secretary of
State to the extent the efforts and activities of the Center
involve the entities referred to in subparagraphs (B) and (C)
of subsection (b)(2).
``(d) Support From Other United States Government
Departments or Agencies.--The head of any non-Department of
Defense department or agency of the United States Government
may--
``(1) provide to the Secretary of Defense services,
including personnel support, to support the operations of the
Center; and
``(2) transfer funds to the Secretary of Defense to support
the operations of the Center.
``(e) Acceptance of Gifts and Donations.--(1) Subject to
paragraph (3), the Secretary of Defense may accept from any
source specified in paragraph (2) any gift or donation for
purposes of defraying the costs or enhancing the operations
of the Center.
``(2) The sources specified in this paragraph are the
following:
``(A) The government of a State or a political subdivision
of a State.
``(B) The government of a foreign country.
``(C) A foundation or other charitable organization,
including a foundation or charitable organization that is
organized or operates under the laws of a foreign country.
``(D) Any source in the private sector of the United States
or a foreign country.
``(3) The Secretary may not accept a gift or donation under
this subsection if acceptance of the gift or donation would
compromise or appear to compromise--
``(A) the ability of the Department of Defense, any
employee of the Department, or any member of the armed forces
to carry out the responsibility or duty of the Department in
a fair and objective manner; or
``(B) the integrity of any program of the Department or of
any person involved in such a program.
``(4) The Secretary shall provide written guidance setting
forth the criteria to be used in determining the
applicability of paragraph (3) to any proposed gift or
donation under this subsection.
``(f) Crediting of Funds Transferred or Accepted.--Funds
transferred to or accepted by the Secretary of Defense under
this section shall be credited to appropriations available to
the Department of Defense for the Center, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as the appropriations with which
merged. Any funds so transferred or accepted shall remain
available until expended.
``(g) Definitions.--In this section:
``(1) The term `complex operation' means an operation as
follows:
``(A) A stability operation.
``(B) A security operation.
``(C) A transition and reconstruction operation.
``(D) A counterinsurgency operation.
``(E) An operation consisting of irregular warfare.
``(2) The term `gift or donation' means any gift or
donation of funds, materials (including research materials),
real or personal property, or services (including lecture
services and faculty services).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by adding at
the end the following new item:

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

SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE
TO PROPERTY FUNDED FROM A DEPARTMENT OF DEFENSE
WORKING CAPITAL FUND.

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

SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER
AIR TRANSPORTATION SERVICES FROM CARRIERS
PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.

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

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

``(a) In General.--The Secretary of Defense shall take
steps to--
``(1) improve the predictability in Department of Defense
charter requirements;
``(2) strengthen Civil Reserve Airlift Fleet participation
to assure adequate capacity is available to meet steady-
state, surge and mobilization requirements; and
``(3) provide incentives for commercial air passenger
carriers to provide newer, more efficient and reliable
aircraft for Department of Defense service rather than older,
fully depreciated aircraft.
``(b) Consideration of Recommendations.--In carrying out
subsection (a), the Secretary of Defense shall consider the
recommendations on courses of action for the Civil Reserve
Air Fleet as outlined in the report required by Section 356
of the National Defense Authorization Act for 2008 (Public
Law 110-181).
``(c) Contracts for Charter Air Transportation Services.--
The Secretary of Defense may award to an air carrier or an
air carrier contractor team arrangement participating in the
Civil Reserve Air Fleet on a fiscal year basis a one-year
contract for charter air transportation services with a
minimum purchase amount under such contract determined in
accordance with this section.
``(d) Eligible Charter Air Transportation Carriers.--In
order to be eligible for payments under the minimum purchase
amount provided by this section, an air carrier (or any air
carrier participating in an air carrier contractor team
arrangement)--
``(1) if under contract with the Department of Defense in
the prior fiscal year, shall have an average on-time pick up
rate, based on factors within such air carrier's control, of
at least 90 percent;
``(2) shall offer such amount of commitment to the Civil
Reserve Air Fleet in excess of the minimum required for
participation in the Civil Reserve Air Fleet as the Secretary
of Defense shall specify for purposes of this section; and
``(3) may not have refused a Department of Defense request
to act as a host for other Civil Reserve Air Fleet carriers
at intermediate staging bases during the prior fiscal year.

[[Page 20878]]

``(e) Aggregate Minimum Purchase Amount.--(1) The aggregate
amount of the minimum purchase amount for all contracts
awarded under subsection (c) for a fiscal year shall be based
on forecast needs, but may not exceed the amount equal to 80
percent of the average annual expenditure of the Department
of Defense for charter air transportation services during the
five-fiscal year period ending in the fiscal year before the
fiscal year for which such contracts are awarded.
``(2) In calculating the average annual expenditure of the
Department of Defense for charter air transportation services
for purposes of paragraph (1), the Secretary of Defense shall
omit from the calculation any fiscal year exhibiting
unusually high demand for charter air transportation services
if the Secretary determines that the omission of such fiscal
year from the calculation will result in a more accurate
forecast of anticipated charter air transportation services
for purposes of that paragraph.
``(f) Allocation of Minimum Purchase Among Charter Air
Transportation Contracts.--(1) The aggregate amount of the
minimum purchase amount for all contracts awarded under
subsection (c) for a fiscal year, as determined under
subsection (e), shall be allocated among all air carriers and
air carrier contractor team arrangements awarded contracts
under subsection (c) for such fiscal year in proportion to
the commitments of such carriers to the Civil Reserve Air
Fleet for such fiscal year.
``(2) In determining the minimum purchase amount payable
under paragraph (1) under a contract under subsection (c) for
charter air transportation services provided by an air
carrier or air carrier contractor team arrangement during the
fiscal year covered by such contract, the Secretary of
Defense may adjust the amount allocated to such carrier or
arrangement under paragraph (2) to take into account periods
during such fiscal year when charter air transportation
services of such carrier or a carrier in such arrangement are
unavailable for usage by the Department of Defense, including
during periods of refused business or suspended operations or
when such carrier is placed in nonuse status pursuant to
section 2640 of this title for safety reasons.
``(g) Distribution of Amounts.--If any amount available
under this section for the minimum purchase of charter air
transportation services from a carrier or air carrier
contractor team arrangement for a fiscal year under a
contract under subsection (c) is not utilized to purchase
charter air transportation services from the carrier or
arrangement in such fiscal year, such amount shall be
provided to the carrier or arrangement before the first day
of the following fiscal year.
``(h) Commitment of Funds.--(1) The Secretary of each
military department shall transfer to the transportation
working capital fund a percentage of the total amount
anticipated to be required in such fiscal year for the
payment of minimum purchase amounts under all contracts
awarded under subsection (c) for such fiscal year equivalent
to the percentage of the anticipated use of charter air
transportation services by such military department during
such fiscal year from all carriers under contracts awarded
under subsection (c) for such fiscal year.
``(2) Any amounts required to be transferred under
paragraph (1) shall be transferred by the last day of the
fiscal year concerned to meet the requirements of subsection
(g) unless minimum purchase amounts have already been
distributed by the Secretary of Defense under subsection (g)
as of that date.
``(i) Availability of Airlift Services.--(1) From the total
amount of charter air transportation services available for a
fiscal year under all contracts awarded under subsection (c)
for such fiscal year, a military department shall be entitled
to obtain a percentage of such services equal to the
percentage of the contribution of the military department to
the transportation working capital fund for such fiscal year
under subsection (h).
``(2) A military department may transfer any entitlement to
charter air transportation services under paragraph (1) to
any other military department or to any other agency,
element, or component of the Department of Defense.
``(j) Definition.--In this section, the term `charter air
transportation' has the meaning given such term in section
40102(14) of title 49, United States Code, except that it
only means such transportation for which the Secretary of
Defense has entered into a contract for the purpose of
passenger travel.
``(k) Sunset.--The authorities in this section shall expire
on December 31, 2015.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 941 of such title is amended by adding
at the end the following new item:

``9515. Charter air transportation services: minimum annual purchase
amount for carriers participating in Civil Reserve Air
Fleet.''.
(c) Report to Congress; Limitation on Exercise of
Authority.--
(1) Report.--The Secretary of Defense shall submit to the
congressional defense committees a written report on the
actions taken under subsections (a) and (b) of section 9515
of title 10, United States Code, as added by subsection (a),
along with the anticipated risks and benefits of such
actions.
(2) Limitation.--No authority under subsections (c) through
(I) of such section may be implemented until 30 days after
the date on which the Secretary submits the report required
under paragraph (1).

SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT
GENERATION ENTERPRISE NETWORKS PROGRAM.

(a) Semi-Annual Reports Required.--The Secretary of Defense
shall submit to the congressional defense committees semi-
annual reports on the status of the development, testing, and
deployment of the Navy Next Generation Enterprise Networks
program and the transition of the capabilities provided by
the Navy Marine Corps Intranet program to the Next Generation
Enterprise Networks program. Each such report shall cover
such status during the two fiscal quarters preceding the
fiscal quarter in which the report is submitted.
(b) Coordination.--The Secretary of Defense shall develop
each of the semi-annual reports required under subsection (a)
in coordination with the Secretary of the Navy, the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, the Assistant Secretary of Defense for Networks
and Information Integration, and the Director of Operational
Test and Evaluation.
(c) Contents of Reports.--Each of the reports required
under subsection (a) shall address the following matters for
the period covered by the report:
(1) For each Next Generation Enterprise Networks contract
entered into by the Secretary of Defense--
(A) the metrics used for quantitatively measuring the
performance of the entity with which the Secretary has
entered into the contract and, based on such metrics, an
assessment of the performance of such entity during such
period;
(B) the qualitative measures used to assess the performance
of such entity and, based on such qualitative measures, an
assessment of the performance of such entity during such
period;
(C) the mechanisms for providing incentives to improve the
performance of such entity, the processes for determining
incentive payments, and the use of incentive payments made
during such period; and
(D) the mechanisms for penalizing such entity for poor
performance, the processes for determining penalties, and the
use of such penalties during such period.
(2) Any progress made during such period to transition
information technology services from the Navy Marine Corps
Intranet program to the Next Generation Enterprise Networks
program, including the transfer of intellectual property and
infrastructure, and a description of contracting mechanisms
used to facilitate such transition and the provision of
services related to such transition.
(3) An assessment of any issues arising during such period
that relate to the valuation and ownership of intellectual
property and infrastructure in the Navy Marine Corps Intranet
program.
(4) Any activities carried out by the Next Generation
Enterprise Networks Governance Board to resolve issues
related to the Next Generation Enterprise Network program.
(5) An assessment of the operational effectiveness and
suitability of the Next Generation Enterprise Networks
program during such period based on testing activities and
other assessments.
(6) A description of the information security and
information assurance posture and performance of the Next
Generation Enterprise Networks program during such period.
(7) The schedule, status, and goals of the early transition
activities between the Navy Marine Corps Intranet program and
the Next Generation Enterprise Networks program carried out
during such period.
(8) A description of the role of the Next Generation
Enterprise Networks program with the Navy's network
environment.
(9) An updated acquisition milestone schedule, including
any changes from previous planned schedules, the status of
achieving milestones, and mitigation strategies for
maintaining program schedule performance.
(d) Deadline for Submittal of Reports.--The Secretary of
Defense shall submit the semi-annual reports required under
this section by not later than April 1 and October 1 of each
year, and shall submit the first report required under this
section by not later than April 1, 2009.
(e) Termination.--The requirement to submit semi-annual
reports under this section shall terminate on the date that
is one year after the date on which the Secretary of Defense
completes the full transition of the provision of services
from the Navy Marine Corps Intranet program and other
transition programs to the Next Generation Enterprise
Networks program.

SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.

(a) Findings.--Congress makes the following findings:
(1) The unauthorized transfer of nuclear weapons from Minot
Air Force Base, North Dakota, to Barksdale Air Force Base,
Louisiana, in August 2007 was an extraordinary

[[Page 20879]]

breach of the command and control and security of nuclear
weapons.
(2) The reviews conducted following that unauthorized
transfer found that the ability of the Department of Defense
to provide oversight of nuclear weapons matters had
degenerated and that senior level attention to nuclear
weapons management is minimal at best.
(3) The lack of attention to nuclear weapons and related
equipment by the Department of Defense was demonstrated again
when it was discovered in March 2008 that classified
equipment from Minuteman III intercontinental ballistic
missiles was inadvertently shipped to Taiwan in 2006.
(4) The Department of Defense has insufficient capability
and staffing in the Office of the Under Secretary of Defense
for Policy to provide the necessary oversight of the nuclear
weapons functions of the Department.
(5) The key senior position responsible for nuclear weapons
matters in the Department of Defense, the Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological
Defense Programs, a position filled by appointment by and
with the advice and consent of the Senate, was vacant for
more than 18 months before being filled in July 2008.
(6) The inability to provide consistent senior level
emphasis on nuclear weapons policy has contributed to an
erosion in the level of attention paid to nuclear weapons
matters across the Department of Defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should maintain clear and unambiguous
command and control of its nuclear weapons;
(2) the safety and security of nuclear weapons and related
equipment should be a high priority as long as the United
States maintains a stockpile of nuclear weapons;
(3) these objectives will be more successfully attained if
greater attention is paid to nuclear weapons matters within
the Office of the Secretary of Defense, the Office of the
Under Secretary of Defense for Policy, and the Office of the
Under Secretary of Defense for Acquisition, Technology, and
Logistics;
(4) the Secretary of Defense should consider establishing
and filling a senior position, at the level of Assistant
Secretary of Defense or Deputy Under Secretary of Defense,
within the Office of the Under Secretary of Defense for
Policy to hold primary responsibility for the strategic and
nuclear weapons policy of the Department of Defense; and
(5) the Secretary of Defense should clarify the lines of
responsibility and accountability for nuclear weapons matters
within the Office of the Secretary of Defense to place
greater emphasis on strategic and nuclear weapons policy and
management.

SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-
FEDERAL AVIATION ADMINISTRATION EXECUTIVE
COMMITTEE ON CONFLICT AND DISPUTE RESOLUTION.

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

SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO,
STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN USE.

(a) Findings.--Congress makes the following findings:
(1) The 2006 Quadrennial Defense Review and the 2005
Mobility Capability Study determined that the United States
Transportation Command requires a force of 292 to 383 organic
strategic airlift aircraft, augmented by procurement of
airlift service from commercial air carriers participating in
the Civil Reserve Air Fleet, to meet the demands of the
National Military Strategy. Congress has authorized and
appropriated funds for 316 strategic airlift aircraft.
(2) The commander of the United States Transportation
Command has testified to Congress that it is essential to
safeguard the capabilities and capacity of the Civil Reserve
Air Fleet to meet wartime surge demands in connection with
major combat operations and that procurement by the Air Force
of excess organic strategic airlift aircraft could be harmful
to the health of the Civil Reserve Air Fleet.
(3) The C-17 aircraft is used extensively by the Air
Mobility Command in the Global War on Terror. Production of
the C-17 aircraft is scheduled to cease in August, 2010.
(4) The Federal Aviation Administration has informed
Congress that no fewer than six commercial operators have
expressed interest in operating a commercial variant of the
C-17 aircraft. Commercial sale of the new C-17 aircraft would
require that the Department of Defense determine that it is
in the national interest for the Federal Aviation
Administration to proceed with the issuance of a type
certificate for C-17 aircraft in accordance with section
21.27 of title 14, Code of Federal Regulations.
(5) New C-17 aircraft sold for commercial use could be made
available to the Civil Reserve Air Fleet, thus strengthening
the capabilities and capacity of the Civil Reserve Air Fleet.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, in consultation with the Secretary
of Transportation, should--
(1) review the benefits and feasibility of pursuing a new
production commercial cargo capability with new C-17
commercial variant aircraft and determine whether such
capability is in the national interest; and
(2) if the Secretary of Defense determines that such a
capability is in the national interest, take appropriate
actions to coordinate with the Federal Aviation
Administration to achieve the type certification for a
commercial variant of the C-17 required by section 21.27 of
title 14, Code of Federal Regulations.

Subtitle E--Studies and Reports

SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

(a) Report Required.--The Secretary of Defense, acting
through the Director of Corrosion Policy and Oversight, shall
prepare and submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on corrosion
control and prevention in weapons systems and equipment.
(b) Matters Covered.--The report shall include the comments
and recommendations of the Department of Defense regarding
potential improvements in corrosion control

[[Page 20880]]

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

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

(a) In General.--The Secretary of Defense shall carry out a
study to determine--
(1) how to utilize the Department's Modular Airborne Fire
Fighting Systems (MAFFS) in all contingencies where there is
a Federal response to wildfires; and
(2) how to decrease the costs of using the Department's
MAFFS when supporting National Interagency Fire Center (NIFC)
fire fighting operations.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of
the study.

SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.

(a) Study Required.--The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall carry out a study
on Department of Defense rotorcraft survivability. The study
shall--
(1) with respect to actual losses of rotorcraft in combat--
(A) identify the rates of such losses from 1965 through
2008, measured in total annual losses by type of aircraft and
by cause, with rates for loss per flight hour and loss per
sortie provided;
(B) identify by category of hostile action (such as small
arms, Man-Portable Air Defense Systems, and so on), the
causal factors for the losses; and
(C) propose candidate solutions for survivability (such as
training, tactics, speed, countermeasures, maneuverability,
lethality, technology, and so on), in a prioritized list with
explanations, to mitigate each such causal factor, along with
recommended funding adequate to achieve rates at least equal
to the experience in the Vietnam conflict;
(2) with respect to actual losses of rotorcraft in combat
theater not related to hostile action--
(A) identify the causal factors of loss in a ranked list;
and
(B) propose candidate solutions for survivability (such as
training, tactics, speed, countermeasures, maneuverability,
lethality, technology, and so on), in a prioritized list, to
mitigate each such causal factor, along with recommended
funding adequate to achieve the Secretary's Mishap Reduction
Initiative goal of not more than 0.5 mishaps per 100,000
flight hours;
(3) with respect to losses of rotorcraft in training or
other non-combat operations during peacetime or interwar
years--
(A) identify by category (such as inadvertent instrument
meteorological conditions, wire strike, and so on) the causal
factors of loss in a ranked list; and
(B) identify candidate solutions for survivability and
performance (such as candidate solutions referred to in
paragraph (2)(B) as well as maintenance, logistics, systems
development, and so on) in a prioritized list, to mitigate
each such causal factor, along with recommended funding
adequate to achieve the goal of rotorcraft loss rates to non-
combat causes being reduced to 1.0;
(4) identify the key technical factors (causes of mishaps
that are not related to human factors) negatively impacting
the rotorcraft mishap rates and survivability trends, to
include reliability, availability, maintainability, and other
logistical considerations; and
(5) identify what TACAIR is and has done differently to
have such a decrease in losses per sortie when compared to
rotorcraft, to include--
(A) examination of aircraft, aircraft maintenance,
logistics, operations, and pilot and operator training;
(B) an emphasis on the development of common service
requirements that TACAIR has implemented already which are
minimizing losses within TACAIR; and
(C) candidate solutions, in a prioritized list, to mitigate
each causal factor with recommended funding adequate to
achieve the goal of rotorcraft loss rates stated above.
(b) Report.--Not later than August 1, 2009, the Secretary
and the Chairman shall submit to the congressional defense
committees a report on the results of the study.

SEC. 1044. REPORT ON NUCLEAR WEAPONS.

(a) Findings.--Congress finds that--
(1) numerous nuclear weapons are held in the arsenals of
various countries around the world;
(2) some of these weapons make attractive targets for theft
and for use by terrorist organizations;
(3) the United States should identify, track, and monitor
these weapons as a matter of national security;
(4) the United States should assess the security risks
associated with existing stockpiles of nuclear weapons and
should assess the risks of nuclear weapons being developed,
acquired, or utilized by other countries, particularly rogue
states, and by terrorists and other non-state actors; and
(5) the United States should work cooperatively with other
countries to improve the security of nuclear weapons and to
promote multilateral reductions in the numbers of nuclear
weapons.
(b) Review.--The President, in consultation with the
Secretary of Defense, the Secretary of State, the Secretary
of Energy, and the Director of National Intelligence, shall
conduct a review of nuclear weapons world-wide that
includes--
(1) an inventory of the nuclear arsenals of all countries
that possess, or are believed to possess, nuclear weapons,
which indicates, as accurately as possible, the nuclear
weapons that are known, or are believed, to exist according
to nationality, type, yield, and form of delivery, and an
assessment of the methods that are currently employed to
identify, track, and monitor nuclear weapons and their
component materials;
(2) an assessment of the risks associated with the
deployment, transfer, and storage of nuclear weapons deemed
to be attractive to terrorists, rogue states, and other state
or non-state actors on account of their size or portability,
or on account of their accessibility due to the manner of
their deployment or storage; and
(3) recommendations for--
(A) mechanisms and procedures to improve security and
safeguards for the nuclear weapons deemed to be attractive to
terrorists, rogue states, and other state or non-state
actors;
(B) mechanisms and procedures to improve the ability of the
United States to identify, track, and monitor the nuclear
weapons deemed to be attractive to terrorists, rogue states,
and other state or non-state actors;
(C) mechanisms and procedures for implementing transparent
multilateral reductions in nuclear weapons arsenals; and
(D) methods for consolidating, dismantling, and disposing
of the nuclear weapons in each country that possesses, or is
believed to possess, nuclear weapons, including methods of
monitoring and verifying consolidation, dismantlement, and
disposal.
(c) Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the President shall submit
to Congress a report on the findings and recommendations of
the review required under subsection (b).
(2) Classification of report.--The report required under
paragraph (1) shall be submitted in unclassified form, but it
may be accompanied by a classified annex.

SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH
GUAM TAX AND LICENSING LAWS.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of the Navy and the Joint Guam Program Office,
shall submit to the congressional defense committees a report
on the steps that the Department of Defense is taking to
ensure that contractors of the Department performing work on
Guam comply with local tax and licensing requirements.

SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.

(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
detention operations at theater internment facilities in
Iraq.
(b) Elements.--The report required by subsection (a) shall
include each of the following:
(1) A detailed description of how counterinsurgency
doctrine has been incorporated at theater internment
facilities in Iraq.
(2) A detailed description of the policies and programs
instituted to prepare detainees for reintegration following
their release from detention in theater internment facilities
in Iraq.
(3) A description and assessment of the effects of changes
in detention operations and

[[Page 20881]]

reintegration programs at theater internment facilities in
Iraq during the period beginning on January 1, 2007, and
ending on the date of the completion of the report, including
changes in levels of violence within internment facilities
and in rates of recapture of detainees released from
detention in internment facilities.
(4) A description of--
(A) the lessons learned regarding detention operations in a
counterinsurgency operation, an assessment of how such
lessons could be applied to detention operations elsewhere
(including in Afghanistan and at Guantanamo Bay, Cuba); and
(B) any efforts to integrate such lessons into Department
of Defense directives, joint doctrine, mission rehearsal
exercises for deploying forces, and training for units
involved in detention and interrogation operations.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.

SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE
DEPARTMENT OF DEFENSE AND THE INTELLIGENCE
COMMUNITY.

(a) In General.--The Secretary of Defense and the Director
of National Intelligence shall conduct a joint review of the
bandwidth capacity requirements of the Department of Defense
and the intelligence community in the near term, mid term,
and long term.
(b) Elements.--The review required by subsection (a) shall
include an assessment of the following:
(1) The current bandwidth capacities and capabilities of
the Department of Defense and the intelligence community to
transport data, including Government and commercial ground
networks, airborne relays, and satellite systems.
(2) The bandwidth capacities and capabilities anticipated
to be available to the Department of Defense and the
intelligence community to transport data in the near term,
mid term, and long term.
(3) Innovative technologies available to the Department of
Defense and the intelligence community to increase data
transport capacity of existing bandwidth (such as compression
techniques or intelligent software agents) that can be
applied in the near term, mid term, and long term.
(4) The bandwidth and data requirements of current major
operational systems of the Department of Defense and the
intelligence community, including an assessment of--
(A) whether such requirements are being appropriately met
by the bandwidth capacities and capabilities described in
paragraph (1); and
(B) the degree to which any such requirements are not being
met by such bandwidth capacities and capabilities.
(5) The anticipated bandwidth and data requirements of
major operational systems of the Department of Defense and
the intelligence community planned for each of the near term,
mid term, and long term, including an assessment of--
(A) whether such anticipated requirements will be
appropriately met by the bandwidth capacities and
capabilities described in paragraph (2); and
(B) the degree to which any such requirements are not
anticipated to be met by such bandwidth capacities and
capabilities.
(6) Any mitigation concepts that could be used to satisfy
any unmet bandwidth and data requirements.
(7) The costs of meeting the bandwidth and data
requirements described in paragraphs (4) and (5).
(8) Any actions necessary to integrate or consolidate the
information networks of the Department of Defense and the
intelligence community.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall jointly submit to the
congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives a
report setting forth the results of the review required by
subsection (a).
(d) Formal Review Process for Bandwidth Requirements.--The
Secretary of Defense and the Director of National
Intelligence shall, as part of the Milestone B or Key
Decision Point B approval process for any major defense
acquisition program or major system acquisition program,
establish a formal review process to ensure that--
(1) the bandwidth requirements needed to support such
program are or will be met; and
(2) a determination will be made with respect to how to
meet the bandwidth requirements for such program.
(e) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Long term.--The term ``long term'' means the five-year
period beginning on the date that is 10 years after the date
of the enactment of this Act.
(3) Mid term.--The term ``mid term'' means the five-year
period beginning on the date that is five years after the
date of the enactment of this Act.
(4) Near term.--The term ``near term'' means the five-year
period beginning on the date of the enactment of this Act.

SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE
TO THE DEPARTMENT OF DEFENSE REGARDING
ELECTROMAGNETIC PULSE ATTACK.

(a) Review.--The Secretary of Defense shall conduct a
review of the findings and recommendations applicable to the
Department of Defense made in the reports of the Commission
to Assess the Threat to the United States from
Electromagnetic Pulse Attack established under title XIV of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 165A-345).
(b) Reports.--
(1) In general.--The Secretary shall submit to the
congressional defense committees a report on the review
required by subsection (a) that shall include the following:
(A) A description of the findings and recommendations
described in that subsection that are applicable to the
Department of Defense.
(B) A plan for addressing the applicable findings and
implementing the applicable recommendations to the extent
practicable and feasible.
(C) If the Secretary determines that it is not practicable
or feasible to address an applicable finding or implement an
applicable recommendation, an explanation clearly explaining
each such determination.
(D) A description of the capabilities of the Department of
Defense needed to protect and recover from an electromagnetic
pulse attack.
(E) Any research and development needed to address any
applicable finding or recommendation to enable the Department
of Defense to implement such recommendations in the future.
(F) A description of the plans and programs that the
Department of Defense has in place or plans to put in place
to address the threat from electromagnetic pulse attack.
(G) A description of the organizational and management
structure that the Department of Defense has in place or
plans to have in place to address the threat from an
electromagnetic pulse attack.
(H) A description of any impediments to implementing any
applicable recommendations.
(2) Submittal dates.--The report required by paragraph (1)
shall be submitted not later than September 1 of each odd
numbered year beginning in 2009 and ending in 2015.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.

Subtitle F--Other Matters

SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF
INFORMATION REGARDING INFORMATION TECHNOLOGY
CAPITAL ASSETS.

Section 351 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516;
10 U.S.C. 221 note) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
(C) in paragraph (1), as so redesignated, by striking ``and
an estimated total life cycle cost'' and inserting ``or an
estimated total cost''; and
(D) by adding at the end the following new paragraph (2):
``(2) Information technology capital assets not covered by
paragraph (1) that have been determined by the Chief
Information Officer of the Department of Defense to be
significant investments.'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (b);
(4) in subsection (b), as so redesignated, by striking
``subsection (a)(2)'' and inserting ``subsection (a)(1)'';
(5) by inserting after subsection (b) the following new
subsection (c):
``(c) Required Information for Significant Investments.--
With respect to each information technology capital asset not
covered by paragraph (1) of subsection (a), but covered by
paragraph (2) of that subsection, the Secretary of Defense
shall include such information in a format that is
appropriate to the current status of such asset.''; and
(6) in subsection (d), by striking ``life cycle''.

SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION
ON ENEMY PRISONERS OF WAR, RETAINED PERSONNEL,
CIVILIAN INTERNEES, AND OTHER DETAINEES.

(a) Submission to Congress.--A successor regulation to Army
Regulation 190-8 Enemy Prisoners of War, Retained Personnel,
Civilian Internees and Other Detainees (dated October 1,
1997) may not be carried out or implemented until the date
that is 60 days after the date on which the Secretary of
Defense submits to the Committees on Armed Services of the
Senate and House of Representatives such successor
regulation.
(b) Savings Clause.--Nothing in this section shall affect
the continued effectiveness of Army Regulation 190-8 Enemy
Prisoners of War, Retained Personnel, Civilian Internees and
Other Detainees (dated October 1, 1997).

[[Page 20882]]

SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.

(a) Project Modification.--The project for hurricane and
storm damage reduction, Barnegat Inlet to Little Egg Inlet,
New Jersey, authorized by section 101(a)(1) of the Water
Resources Development Act of 2000 (114 Stat. 2576), is
modified to authorize the Secretary of the Army to undertake,
at Federal expense, such measures as the Secretary determines
to be necessary and appropriate in the public interest to
address the handling of munitions placed on the beach during
construction of the project before the date of enactment of
this section.
(b) Treatment of Costs.--Costs incurred in carrying out
subsection (a) shall not be considered to be a cost of
constructing the project.
(c) Credit.--The Secretary shall credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b), toward the non-Federal share of the cost of the
project the costs incurred by the non-Federal interest with
respect to the removal and handling of the munitions referred
to in subsection (a).
(d) Eligible Activities.--Measures authorized by subsection
(a) include monitoring, removal, and disposal of the
munitions referred to in subsection (a).

SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION
AMONG THE DEPARTMENT OF DEFENSE, THE DEPARTMENT
OF STATE, AND THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT ON MATTERS OF
NATIONAL SECURITY.

(a) Establishment of Advisory Panel.--The Secretary of
Defense, the Secretary of State, and the Administrator of the
United States Agency for International Development (USAID)
may jointly establish an advisory panel to advise, review,
and make recommendations on ways to improve coordination
among the Department of Defense, the Department of State, and
the United States Agency for International Development on
matters relating to national security, including reviewing
their respective roles and responsibilities.
(b) Membership.--
(1) Composition.--The advisory panel shall be composed of
12 members, of whom--
(A) three shall be appointed by the Secretary of Defense,
in consultation with the Secretary of State and the
Administrator;
(B) three shall be appointed by the Secretary of Defense,
with the advice of the Chairman of the Joint Chiefs of Staff,
and in consultation with the Secretary of State and the
Administrator;
(C) three shall be appointed by the Secretary of State, in
consultation with the Secretary of Defense and the
Administrator; and
(D) three shall be appointed by the Administrator, in
consultation with the Secretary of Defense and the Secretary
of State.
(2) Chairman.--The Secretary of Defense, the Secretary of
State, and the Administrator shall jointly designate one
member as chairman.
(3) Vice chairman.--The Secretary of Defense, the Secretary
of State, and the Administrator shall jointly designate one
member as vice chairman. The vice chairman may not be a
member appointed to the advisory panel under paragraph (1) by
the same Secretary or Administrator who appointed the member
under such paragraph who is designated as the chairman under
paragraph (2).
(4) Expertise.--Members of the advisory panel shall be
private citizens of the United States with national
recognition and significant experience in the Federal
Government, the Armed Forces, public administration, foreign
affairs, or development.
(5) Deadline for appointment.--All members of the advisory
panel should be appointed not earlier than January 20, 2009,
and not later than March 20, 2009.
(6) Terms.--The term of each member of the advisory panel
is for the life of the advisory panel.
(7) Vacancies.--A vacancy in the advisory panel shall be
filled not later than 30 days after such vacancy occurs and
in the manner in which the original appointment was made.
(8) Security clearances.--The appropriate departments or
agencies of the Federal Government shall cooperate with the
advisory panel in expeditiously providing to the members and
staff of the advisory panel appropriate security clearances
to the extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this section without
the appropriate security clearances.
(9) Status.--A member of the advisory panel who is not
otherwise employed by the Federal Government shall not be
considered to be a Federal employee, except for the purposes
of chapter 81 of title 5, United States Code, and chapter 171
of title 28, United States Code.
(10) Expenses.--The members of the advisory panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, while away from
their homes or regular places of business in the performance
of services for the advisory panel.
(c) Meetings and Procedures.--
(1) Initial meeting.--The advisory panel shall conduct its
first meeting not later than 30 days after the date that all
appointments to the advisory panel have been made under
subsection (b).
(2) Meetings.--The advisory panel shall meet not less often
than once every three months. The advisory panel may also
meet at the call of the Secretary of Defense, the Secretary
of State, or the Administrator.
(3) Procedures.--The advisory panel shall carry out its
duties under procedures established under subsection (d).
(d) Support of Federally Funded Research and Development
Center.--If the advisory panel is established under
subsection (a), the Secretary of Defense, in consultation
with the Secretary of State and the Administrator, shall, not
later than 60 days after the date of the final appointment of
the members of the advisory panel pursuant to subsection
(b)(5), enter into a contract with a federally funded
research and development center for the provision of
administrative and logistical support and assistance to the
advisory panel in carrying out its duties under this section.
Such support and assistance shall include the establishment
of the procedures of the advisory panel.
(e) Duties of Panel.--The advisory panel shall--
(1) analyze the roles and responsibilities of the
Department of Defense, the Department of State, and the USAID
regarding--
(A) stability operations;
(B) foreign assistance (including security assistance); and
(C) other areas the Secretary of Defense, the Secretary of
State, and the Administrator jointly agree are appropriate;
(2) review--
(A) the structures and systems that coordinate policy-
making;
(B) the national security-related roles and
responsibilities of the Department of Defense, the Department
of State, USAID, and, as appropriate, other relevant agencies
to ensure effective coordination;
(C) the efforts of the Department of Defense, the
Department of State, USAID, and such other relevant agencies
to ensure that lessons learned and expertise that is
developed in carrying out programs related to national
security are shared among the departments and agencies of the
Federal Government, as appropriate; and
(D) the coordination of activities conducted abroad and
carried out by personnel of the Department of Defense,
Department of State, USAID, and such other relevant agencies;
and
(3) provide advice and make recommendations for otherwise
improving coordination between and among the Department of
Defense, the Department of State and USAID on matters of
national security.
(f) Cooperation of Other Agencies.--Upon request by the
advisory panel, any department or agency of the Federal
Government shall provide information that the advisory panel
considers necessary to carry out its duties.
(g) Reports.--
(1) Interim report.--Not later than 180 days after the
first meeting of the advisory panel, the advisory panel shall
submit to the Secretary of Defense, the Secretary of State,
and the Administrator a report that identifies--
(A) aspects of the interagency structure and processes
relating to matters of national security that should take
priority in any effort to improve the coordination among the
Department of Defense, the Department of State, and USAID;
and
(B) methods to better coordinate the interagency structure
and processes relating to matters of national security.
(2) Annual reports.--Not later than December 31 of the year
in which the interim report is submitted under paragraph (1),
the advisory panel shall submit to the Secretary of Defense,
the Secretary of State, and the Administrator a report on--
(A) the activities of the advisory panel;
(B) any deficiencies relating to coordination among the
Department of Defense, Department of States and USAID and
other relevant agencies on matters of national security;
(C) any improvements made during the period covered by the
report to the coordination among the Department of Defense,
the Department of State, USAID, and other relevant agencies
on matters of national security;
(D) methods to better coordinate the interagency structure
and processes among the Department of Defense, the Department
of State, USAID, and other relevant agencies on matters
relating to national security; and
(E) such findings, conclusions, and recommendations as the
advisory panel considers appropriate.
(3) Submission of report to congress.--The Secretary of
Defense, the Secretary of State, and the Administrator shall
submit to the appropriate congressional committees the
reports required under this subsection and any additional
information considered appropriate.
(4) Congressional briefings.--Not later than 30 days after
the submission of each report required under this subsection,
the members of the advisory panel shall make themselves
available to meet with the appropriate congressional
committees to brief

[[Page 20883]]

such committees on the matters contained in the report.
(5) Appropriate committees.--For the purposes of this
subsection, the appropriate congressional committees are the
following:
(A) The Committees on Foreign Affairs, Armed Services, and
Appropriations of the House of Representatives.
(B) The Committees on Foreign Relations, Armed Services,
and Appropriations of the Senate.
(h) Termination of Advisory Panel.--The advisory panel
shall terminate on December 31, 2012.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Stability operations.--The term ``stability
operations'' means stability and reconstruction operations
conducted by departments or agencies of the Federal
Government described by Department of Defense Directive
3000.05, National Security Presidential Directive 1, or
National Security Presidential Directive 44.
(3) Federal agency.--The term ``Federal agency'' means any
entity included in chapter 1 of title 5, United States code.

SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC
DIPLOMACY ACTIVITIES OF THE FEDERAL GOVERNMENT.

(a) Report by President.--
(1) Initial report.--Not later than December 31, 2009, the
President shall submit to the appropriate committees of
Congress a report on a comprehensive interagency strategy for
public diplomacy and strategic communication of the Federal
Government, including benchmarks and a timetable for
achieving such benchmarks.
(2) Elements of report.--The report required under
paragraph (1) shall include the following elements:
(A) Strategy.--A comprehensive interagency strategy, which
shall include the following:
(i) Prioritizing the mission of supporting specific foreign
policy objectives, such as counterterrorism and efforts to
combat extremist ideology, in parallel and in complement
with, as appropriate, the broad mission of communicating the
policies and values of the United States to foreign
audiences.
(ii) Consolidating and elevating, as appropriate, Federal
Government leadership to prioritize, manage, and implement
the strategy required by this subsection, including
consideration of whether to establish strategic communication
and public diplomacy positions at the National Security
Council and to establish a single office to coordinate
strategic communication and public diplomacy efforts.
(iii) Improving coordination across departments and
agencies of the Federal Government on strategic
communications and public diplomacy.
(iv) Consideration of whether resources devoted to
strategic communication and public diplomacy efforts should
be increased.
(B) Study.--A study of whether to establish an independent,
not-for-profit organization responsible for providing
independent assessment and strategic guidance to the Federal
Government on strategic communication and public diplomacy,
as recommended by the Task Force on Strategic Communication
of the Defense Science Board.
(C) Roles of departments or agencies of the federal
government.--A description of the respective roles of the
National Security Council, the Department of Defense, and the
Department of State regarding strategic communication and
public diplomacy, including--
(i) a description of the roles of the offices within the
National Security Council, the Department of Defense, and the
Department of State engaged in message outreach to audiences
abroad; and
(ii) an explanation of how the National Security Council,
the Department of Defense, and the Department of State
coordinate strategic communication and public diplomacy
activities.
(3) Subsequent report.--Two years after the submission of
the initial report under paragraph (1), the President shall
submit to the appropriate committees of Congress a report
on--
(A) the status of the implementation of the strategy;
(B) progress toward achievement of benchmarks; and
(C) any changes to the strategy since the submission of the
initial report.
(b) Report by Secretary of Defense.--Not later than
December 31, 2009, the Secretary of Defense shall review, and
submit to the congressional defense committees a report on,
the organizational structure within the Department of Defense
for advising the Secretary on the direction and priorities
for strategic communication activities, including an
assessment of the option of establishing a board, composed of
representatives from among the organizations within the
Department responsible for strategic communications, public
diplomacy, and public affairs, and including advisory members
from the broader interagency community as appropriate, for
purposes of--
(1) providing strategic direction for Department of Defense
efforts related to strategic communications and public
diplomacy; and
(2) setting priorities for the Department of Defense in the
areas of strategic communications and public diplomacy.
(c) Form and Availability of Reports.--
(1) Form.--The reports required by this section may be
submitted in a classified form.
(2) Availability.--Any unclassified portions of the reports
required by this section shall be made available to the
public.
(d) Appropriate Committees.--For the purposes of this
section, the appropriate committees of Congress are the
following:
(1) The Committees on Foreign Relations, Armed Services,
and Appropriations of the Senate.
(2) The Committees on Foreign Affairs, Armed Services, and
Appropriations of the House of Representatives.

SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA.

(a) Prohibition.--No part of any funds authorized to be
appropriated in this or any other Act shall be used by the
Department of Defense for publicity or propaganda purposes
within the United States not otherwise specifically
authorized by law.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the
Department of Defense shall submit to Congress a report on
the findings of their project number D2008-DIPOEF-0209.000,
entitled ``Examination of Allegations Involving DoD Office of
Public Affairs Outreach Program''.
(c) Legal Opinion.--Not later than 120 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall issue a legal opinion to Congress on
whether the Department of Defense violated appropriations
prohibitions on publicity or propaganda activities
established in Public Laws 107-117, 107-248, 108-87, 108-287,
109-148, 109-289, and 110-116, the Department of Defense
Appropriations Acts for fiscal years 2002 through 2008,
respectively, by offering special access to prominent persons
in the private sector who serve as media analysts, including
briefings and information on war efforts, meetings with high
level government officials, and trips to Iraq and Guantanamo
Bay, Cuba.
(d) Rule of Construction Related to Intelligence
Activities.--Nothing in this section shall be construed to
apply to any lawful and authorized intelligence activity of
the United States Government.

SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY
CONTRACTOR PERSONNEL.

It is the sense of Congress that--
(1) the interrogation of enemy prisoners of war, civilian
internees, retained persons, other detainees, terrorists, and
criminals when captured, transferred, confined, or detained
during or in the aftermath of hostilities is an inherently
governmental function and cannot appropriately be transferred
to private sector contractors;
(2) not later than one year after the date of the enactment
of this Act, the Secretary of Defense should develop the
resources needed to ensure that interrogations described in
paragraph (1) can be conducted by government personnel and
not by private sector contractors; and
(3) properly trained and cleared contractors may
appropriately be used as linguists, interpreters, report
writers, information technology technicians, and other
employees filling ancillary positions, if the private sector
contractors are subject to the same rules, procedures,
policies, and laws pertaining to detainee operations and
interrogations that govern the execution of these positions
by government personnel.

SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR
OTHERWISE ELECTRONICALLY RECORDING STRATEGIC
INTELLIGENCE INTERROGATIONS OF PERSONS IN THE
CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF
THE DEPARTMENT OF DEFENSE.

(a) In General.--It is the sense of Congress that the
Secretary of Defense should take such actions as are
necessary to ensure that each strategic intelligence
interrogation of any person who is in the custody or under
the effective control of the Department of Defense or under
detention in a Department of Defense facility is videotaped
or otherwise electronically recorded.
(b) Strategic Intelligence Interrogation Defined.--For
purposes of this section, the term ``strategic intelligence
interrogation'' means an interrogation of a person described
in subsection (a) conducted at a theater-level detention
facility.

SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED
FOR ENTRY TO MILITARY INSTALLATIONS IN THE
UNITED STATES.

Section 1069(c) of the National Defense Authorization Act
of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 327) is
amended--
(1) in paragraph (1)--
(A) by striking ``July 1, 2008'' and inserting ``February
1, 2009''; and
(B) by striking ``January 1, 2009'' and inserting ``October
1, 2010''; and
(2) in paragraph (2), by striking ``implemented'' and
inserting ``developed''.

[[Page 20884]]

SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL
COMMISSION ON THE STRATEGIC POSTURE OF THE
UNITED STATES.

(a) Extension of Dates.--Section 1062 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) is amended--
(1) in subsection (e), by striking ``December 1, 2008'' and
inserting ``April 1, 2009''; and
(2) in subsection (g), by striking ``June 1, 2009'' and
inserting ``September 30, 2009''.
(b) Interim Report.--Not later than December 1, 2008, the
Congressional Commission on the Strategic Posture of the
United States shall submit to the President, the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Committee on Armed Services of the Senate, and the Committee
on Armed Services of the House of Representatives an interim
report on the commission's initial findings, conclusions, and
recommendations. To the extent practicable, the interim
report shall address the matters required to be included in
the report under subsection (e) of such section 1062.

SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The table of sections at the beginning of chapter 2 is
amended by inserting after the item relating to 118a the
following new item:

``118b. Quadrennial roles and missions review.''.
(2) The table of sections at the beginning of chapter 5 is
amended in the item relating to section 156 by inserting a
period at the end.
(3) The table of sections at the beginning of chapter 7 is
amended in the item relating to section 183 by inserting a
period at the end.
(4) Section 1477(e) is amended by inserting a period at the
end.
(5) Section 2192a is amended--
(A) in subsection (e)(4), by striking ``title 11, United
States Code,'' and inserting ``title 11''; and
(B) in subsection (f), by striking ``title 10, United
States Code'' and inserting ``this title''.
(6) The table of chapters at the beginning of subtitle C,
and the table of chapters at the beginning of part IV of such
subtitle, are each amended by striking the item relating to
chapter 667 and inserting the following new item:

``667. Issue of Serviceable Material Other Than to Armed For7911''.....

(b) National Defense Authorization Act for Fiscal Year
2008.--Effective as of January 28, 2008, and as if included
therein as enacted, the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181) is amended as
follows:
(1) Section 371(c) (122 Stat. 80) is amended by striking ``
`operational strategies' '' and inserting `` `operational
systems' ''.
(2) Section 585(b)(3)(C) (122 Stat. 132) is amended by
inserting ``both places it appears'' before the period at the
end.
(3) Section 703(b) (122 Stat. 103) is amended by striking
``as amended by'' and inserting ``as inserted by''.
(4) Section 805(a) (122 Stat. 212) is amended by striking
``Act ,'' and inserting ``Act,''.
(5) Section 883(b) (122 Stat. 264) is amended by striking
``Section 832(c)(1) of such Act, as redesignated by
subsection (a), is amend by'' and inserting ``Section
832(b)(1) of such Act is amended by''.
(6) Section 890(d)(2) (122 Stat. 270) is amended by
striking ``sections'' and inserting ``parts''.
(7) Section 904(a)(4) (122 Stat. 274) is amended by
striking ``131(b)(2)'' and inserting ``131(b)''.
(8) Section 954(a)(3)(B) (122 Stat. 294) is amended by
inserting ``, as redesignated by section 524(a)(1)(A),''
after ``of such title''.
(9) Section 954(b)(2) (122 Stat. 294) is amended--
(A) by striking ``2114(e) of such title'' and inserting
``2114(f) of such title, as redesignated by section
524(a)(1)(A),''; and
(B) by striking the period at the end and inserting ``and
inserting `President'.''.
(10) Section 1063(d)(1) (122 Stat. 323) is amended by
striking ``a semicolon after `subsection' '' and inserting
``a comma after `subsection' ''.
(11) Section 1229(i)(3) (122 Stat. 383) is amended by
striking ``publically'' and inserting ``publicly''.
(12) Section 1422(e)(2) (122 Stat. 422) is amended by
striking ``subsection (c)'' and inserting ``subsection
(c)(1)''.
(13) Section 1602(4) (122 Stat. 432) is amended by striking
``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
(14) Section 1617(b) (122 Stat. 449) is amended by striking
``by adding at the end'' and inserting ``by inserting after
the item relating to section 1074k''.
(15) Section 2106 (122 Stat. 508) is amended by striking
``for 2007'' both places it appears and inserting ``for
Fiscal Year 2007''.
(16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by
striking `` `Secretary of the Army' '' and inserting ``
`Secretary of Army' ''.
(c) Title 31, United States Code.--Title 31, United States
Code, is amended as follows:
(1) Chapter 35 is amended by striking the first section
3557.
(2) The second section 3557 is amended in the section
heading by striking ``Public-Private'' and inserting
``public-private''.
(3) The table of sections at the beginning of chapter 35 is
amended by striking the second item relating to section 3557.
(d) Title 28, United States Code.--Section 1491(b) of title
28, United States Code, is amended by striking the first
paragraph (5).
(e) Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005.--Section 721(e) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 1988; 10 U.S.C. 1092 note) is
amended by striking ``fiscal years 2005'' and all that
follows through ``2010'' and inserting ``fiscal years 2005
through 2010''.

SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH
RESPECT TO CERTAIN NONPROLIFERATION AND
PROLIFERATION ACTIVITIES.

(a) Notification With Respect to Nonproliferation
Activities.--The Secretary of Defense, the Secretary of
Energy, the Secretary of Commerce, the Secretary of State,
and the Nuclear Regulatory Commission shall keep the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives informed
with respect to--
(1) any activities undertaken by any such Secretary or the
Commission to carry out the purposes and policies of the
Secretaries and the Commission with respect to
nonproliferation programs; and
(2) any other activities undertaken by any such Secretary
or the Commission to prevent the proliferation of nuclear,
chemical, or biological weapons or the means of delivery of
such weapons.
(b) Notification With Respect to Proliferation Activities
in Foreign Nations.--
(1) In general.--The Director of National Intelligence
shall keep the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives fully and currently informed with respect to
any activities of foreign nations that are significant with
respect to the proliferation of nuclear, chemical, or
biological weapons or the means of delivery of such weapons.
(2) Fully and currently informed defined.--For purposes of
paragraph (1), the term ``fully and currently informed''
means the transmittal of credible information with respect to
an activity described in such paragraph not later than 60
days after becoming aware of the activity.

SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED
CENTER FOR NORTH AMERICAN AEROSPACE DEFENSE
COMMAND AND UNITED STATES NORTHERN COMMAND.

(a) Assessment Required.--The Secretary of Defense shall
conduct an assessment of the adequacy of security measures
for the consolidated command center for North American
Aerospace Defense Command and United States Northern Command
at Peterson Air Force Base, Colorado.
(b) Elements.--The assessment required in paragraph (a)
shall include the following:
(1) A description of the security measures taken and
planned for the consolidated command center as of October 1,
2008.
(2) An assessment of whether existing and planned security
measures for the consolidated command center are adequate to
provide the necessary level of protection.
(3) An estimate of the total costs associated with such
security measures adequate to provide the necessary level of
protection.
(c) Report Required.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report containing the results of the
assessment required in subsection (a).
(d) Additional Requirement.--The Secretary of Defense shall
ensure that redundant facilities and equipment, along with
the appropriate manning necessary to ensure the continuity of
operations, are maintained at Cheyenne Mountain Air Force
Station until the Secretary certifies that security measures
have been instituted that bring the consolidated command
center for North American Aerospace Defense Command and
United States Northern Command into full compliance with
Protection Level One requirements, as defined by Air Force
Instruction 31-101, dated March 1, 2007.

TITLE XI--CIVILIAN PERSONNEL MATTERS

[[Page 20885]]

Sec. 1107. Expedited hiring authority for health care professionals.
Sec. 1108. Direct hire authority at personnel demonstration
laboratories for certain candidates.
Sec. 1109. Status reports relating to laboratory personnel
demonstration projects.
Sec. 1110. Technical amendment relating to definition of professional
accounting position for purposes of certification and
credentialing standards.
Sec. 1111. Exceptions and adjustments to limitations on personnel and
reports on such exceptions and adjustments.

SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM
PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL
CIVILIAN EMPLOYEES WORKING OVERSEAS.

(a) Waiver Authority.--During calendar year 2009, and
notwithstanding section 5547 of title 5, United States Code,
the head of an Executive agency may waive the premium pay
limitations established in that section up to the annual rate
of salary payable to the Vice President under section 104 of
title 3, United States Code, for an employee who performs
work while in an overseas location that is in the area of
responsibility of the Commander of the United States Central
Command, or an overseas location that was formerly in the
area of responsibility of the Commander of the United States
Central Command but has been moved to the area of
responsibility of the Commander of the United States Africa
Command, in direct support of, or directly related to--
(1) a military operation, including a contingency
operation; or
(2) an operation in response to a national emergency
declared by the President.
(b) Applicability of Aggregate Limitation on Pay.--Section
5307 of title 5, United States Code, shall not apply to any
employee in any calendar year in which that employee is
granted a waiver under subsection (a).
(c) Additional Pay Not Considered Basic Pay.--To the extent
that a waiver under subsection (a) results in payment of
additional premium pay of a type that is normally creditable
as basic pay for retirement or any other purpose, such
additional pay shall not be considered to be basic pay for
any purpose, nor shall it be used in computing a lump-sum
payment for accumulated and accrued annual leave under
section 5551 of title 5, United States Code.
(d) Regulations.--The Director of the Office of Personnel
Management may issue regulations to ensure appropriate
consistency among heads of executive agencies in the exercise
of authority granted by this section.

SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.

(a) In General.--Section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443) is amended--
(1) by striking ``During fiscal years 2006, 2007, and
2008'' and inserting ``(1) During fiscal years 2006
(including the period beginning on October 1, 2005, and
ending on June 15, 2006), 2007, and 2008''; and
(2) by adding at the end the following:
``(2) During fiscal years 2009, 2010, and 2011, the head of
an agency may, in the agency head's discretion, provide to an
individual employed by, or assigned or detailed to, such
agency allowances, benefits, and gratuities comparable to
those provided by the Secretary of State to members of the
Foreign Service under section 413 and chapter 9 of title I of
the Foreign Service Act of 1980, if such individual is on
official duty in a combat zone (as defined by section 112(c)
of the Internal Revenue Code of 1986).''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234).

SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN
EMPLOYEES DEPLOYED IN SUPPORT OF A CONTINGENCY
OPERATION.

(a) Automatic Coverage.--Section 8702(c) of title 5, United
States Code, is amended--
(1) by inserting ``an employee who is deployed in support
of a contingency operation (as that term is defined in
section 101(a)(13) of title 10) or'' after ``subsection
(b),''; and
(2) by striking ``the date of the'' and inserting ``the
date of notification of deployment or''.
(b) Optional Insurance.--Section 8714a(b) of such title is
amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated,
the following new paragraph (1):
``(1) An employee who is deployed in support of a
contingency operation (as that term is defined in section
101(a)(13) of title 10) or an employee of the Department of
Defense who is designated as emergency essential under
section 1580 of title 10 shall be insured under the policy of
insurance under this section if the employee, within 60 days
after the date of notification of deployment or designation,
elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when
provided to the Office in writing, in the form prescribed by
the Office, within such 60-day period.''.
(c) Additional Optional Life Insurance.--Section 8714b(b)
of such title is amended--
(1) by designating the text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated,
the following new paragraph (1):
``(1) An employee who is deployed in support of a
contingency operation (as that term is defined in section
101(a)(13) of title 10) or an employee of the Department of
Defense who is designated as emergency essential under
section 1580 of title 10 shall be insured under the policy of
insurance under this section if the employee, within 60 days
after the date of notification of deployment or designation,
elects to be insured under the policy of insurance. An
election under this paragraph shall be effective when
provided to the Office in writing, in the form prescribed by
the Office, within such 60-day period.''.

SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE
PAYMENTS.

Section 5595(i)(4) of title 5, United States Code, is
amended by striking ``October 1, 2010'' and inserting
``October 1, 2014''.

SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE
AUTHORITY OF DEPARTMENT OF DEFENSE.

Section 3502(f)(5) of title 5, United States Code, is
amended by striking ``September 30, 2010'' and inserting
``September 30, 2014''.

SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL
POSITIONS UNDER THE NATIONAL SECURITY PERSONNEL
SYSTEM.

Section 9902(i) of title 5, United States Code, is
amended--
(1) in paragraph (1), by striking ``the requirements of
chapter 71 and the limitations in subsection (b)(3)'' and
inserting ``the requirements and limitations in paragraph
(3)''; and
(2) by striking the period at the end of paragraph (2) and
inserting ``, in a manner comparable to that in which such
provisions are applied under chapter 33.
``(3) Any action taken by the Secretary pursuant to the
authority of this subsection shall be subject to--
``(A) the requirements of chapter 71; and
``(B) the limitations in subsection (b)(3), except that the
requirements of chapter 33 may be waived to the extent
necessary to achieve the purposes of this subsection.''.

SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE
PROFESSIONALS.

(a) Expedited Hiring Authority.--Section 1599c(a) of title
10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of Defense
may''; and
(2) by adding at the end the following new paragraph:
``(2)(A) For purposes of sections 3304, 5333, and 5753 of
title 5, the Secretary of Defense may--
``(i) designate any category of medical or health
professional positions within the Department of Defense as
shortage category positions; and
``(ii) utilize the authorities in such sections to recruit
and appoint highly qualified persons directly to positions so
designated.
``(B) In using the authority provided by this paragraph,
the Secretary shall apply the principles of preference for
the hiring of veterans and other persons established in
subchapter 1 of chapter 33 of title 5.''.
(b) Termination of Authority.--Section 1599c(c) of such
title is amended--
(1) by inserting ``(1)'' before ``The authority of'';
(2) by striking ``September 30, 2010'' and inserting
``September 30, 2012''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary may not appoint a person to a position
of employment under subsection (a)(2) after September 30,
2012.''.

SEC. 1108. DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION
LABORATORIES FOR CERTAIN CANDIDATES.

(a) Authority.--The Secretary of Defense may appoint
qualified candidates possessing an advanced degree to
positions described in subsection (b) without regard to the
provisions of subchapter I of chapter 33 of title 5, United
States Code, other than sections 3303 and 3328 of such title.
(b) Applicability.--This section applies with respect to
candidates for scientific and engineering positions within
any laboratory identified in section 9902(c)(2) of title 5,
United States Code.
(c) Limitation.--(1) Authority under this section may not,
in any calendar year and with respect to any laboratory, be
exercised with respect to a number of candidates greater than
the number equal to 2 percent of the total number of
scientific and engineering positions within such laboratory
that are filled as of the close of the fiscal year last
ending before the start of such calendar year.
(2) For purposes of this subsection, positions and
candidates shall be counted on a full-time equivalent basis.

[[Page 20886]]

(d) Employee Defined.--As used in this section, the term
``employee'' has the meaning given such term by section 2105
of title 5, United States Code.
(e) Termination.--The authority to make appointments under
this section shall not be available after December 31, 2013.

SEC. 1109. STATUS REPORTS RELATING TO LABORATORY PERSONNEL
DEMONSTRATION PROJECTS.

Section 1107 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357) is
amended by adding at the end the following:
``(e) Status Reports.--
``(1) In general.--Not later than 45 days after the date of
the enactment of this Act and not later than March 1 of each
year beginning after the date on which the first report under
this subsection is submitted, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report providing, with respect to
the year before the year in which such report is submitted,
the information described in paragraph (2).
``(2) Information required.--Each report under this
subsection shall describe the following:
``(A) The actions taken by the Secretary of Defense under
subsection (a) during the year covered by the report.
``(B) The progress made by the Secretary of Defense during
such year in developing and implementing the plan required by
subsection (b), including the anticipated date for completion
of such plan and a list and description of any issues
relating to the development or implementation of such plan.
``(C) With respect to any applications by any Department of
Defense laboratories seeking to be designated as a
demonstration laboratory or to otherwise obtain any of the
personnel flexibilities available to a demonstration
laboratory--
``(i) the number of applications that were received,
pending, or acted on during such year;
``(ii) the status or disposition of any applications under
clause (i), including, in the case of any application on
which a final decision was rendered, the laboratory involved,
what the laboratory had requested, the decision reached, and
the reasons for the decision; and
``(iii) in the case of any applications under clause (i) on
which a final decision was not rendered, the date by which a
final decision is anticipated.
``(3) Definition.--For purposes of this subsection, the
term `demonstration laboratory' means a laboratory designated
by the Secretary of Defense under the provisions of section
342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (as cited in subsection (a)).''.

SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF
PROFESSIONAL ACCOUNTING POSITION FOR PURPOSES
OF CERTIFICATION AND CREDENTIALING STANDARDS.

Section 1599d(e) of title 10, United States Code, is
amended by striking ``GS-510, GS-511, and GS-505'' and
inserting ``0505, 0510, 0511, or equivalent''.

SEC. 1111. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON
PERSONNEL AND REPORTS ON SUCH EXCEPTIONS AND
ADJUSTMENTS.

(a) Exception to Limitations on Personnel.--For fiscal year
2009 and fiscal years thereafter, the baseline personnel
limitations in sections 143, 194, 3014, 5014, and 8014 of
title 10, United States Code (as adjusted pursuant to
subsection (b)), shall not apply to--
(1) acquisition personnel hired pursuant to the expedited
hiring authority provided in section 1705(h) of title 10,
United States Code, as amended by section 821 of this Act, or
otherwise hired with funds in the Department of Defense
Acquisition Workforce Development Fund established in
accordance with section 1705(a) of such title; or
(2) personnel hired pursuant to a shortage category
designation by the Secretary of Defense or the Director of
the Office of Personnel Management.
(b) Authority to Adjust Limitations on Personnel.--For
fiscal year 2009 and for four fiscal years thereafter, the
Secretary of Defense or a secretary of a military department
may adjust the baseline personnel limitations in sections
143, 194, 3014, 5014 and 8014 of title 10, United States
Code, to--
(1) fill a gap in the civilian workforce of the Department
of Defense identified by the Secretary of Defense in a
strategic human capital plan submitted to Congress in
accordance with the requirements of--
(A) section 1122 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. prec.
1580 note);
(B) section 1102 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2407); or
(C) section 851 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. note
prec. 1580); or
(2) accommodate increases in workload or modify the type of
personnel required to accomplish work, for any purpose
described in paragraphs (1) through (4) of subsection (c).
(c) Limitation on Authority to Adjust Limitations on
Personnel.--The Secretary of Defense or the secretary of a
military department may not increase a baseline personnel
limitation under paragraph (2) of subsection (b) by more than
5 percent in a fiscal year. An increase in a baseline
personnel limitation under such paragraph may be made for any
of the following purposes:
(1) Performance of inherently governmental functions.
(2) Performance of work pursuant to section 2463 of title
10 United States Code.
(3) Ability to maintain sufficient organic expertise and
technical capability.
(4) Performance of work that, while the position may not
exercise an inherently governmental function, nevertheless
should be performed only by officers or employees of the
Federal Government or members of the Armed Forces because of
the critical nature of the work.
(d) Report Required.--The Secretary of Defense shall submit
a report to the congressional defense committees on the
implementation of this section at the same time that the
defense budget materials for each of the four fiscal years
after fiscal year 2009 are presented to Congress. The report
shall include the following information regarding the
implementation of this section during the preceding fiscal
year:
(1) The average number of military personnel, civilian
employees of the Department of Defense, and contractor
employees assigned to or detailed to permanent duty in--
(A) the Office of the Secretary of Defense;
(B) the management headquarters activities and management
headquarters support activities in the Defense Agencies and
Department of Defense Field Activities;
(C) the Office of the Secretary of the Army and the Army
Staff;
(D) the Office of the Secretary of the Navy, the Office of
Chief of Naval Operations, and the Headquarters, Marine
Corps; and
(E) the Office of the Secretary of the Air Force and the
Air Staff.
(2) An estimate of the number of personnel hired pursuant
to an exception in subsection (a) in each office described in
subparagraphs (A) through (E) of paragraph (1).
(3) The amount of any adjustment in the limitation on
personnel made by the Secretary of Defense or the secretary
of a military department, and, for each adjustment made
pursuant to subsection (b)(2), the purpose of the adjustment.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Subtitle B--Matters Relating to Iraq and Afghanistan

[[Page 20887]]

Subtitle C--Other Matters

Sec. 1231. Payment of personnel expenses for multilateral cooperation
programs.
Sec. 1232. Participation of the Department of Defense in multinational
military centers of excellence.
Sec. 1233. Review of security risks of participation by defense
contractors in certain space activities of the People's
Republic of China.
Sec. 1234. Report on Iran's capability to produce nuclear weapons.
Sec. 1235. Employment for resettled Iraqis.
Sec. 1236. Extension and modification of updates on report on claims
relating to the bombing of the Labelle Discotheque.
Sec. 1237. Report on utilization of certain global partnership
authorities.
Sec. 1238. Modification and repeal of requirement to submit certain
annual reports to Congress regarding allied contributions
to the common defense.

Subtitle A--Assistance and Training

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF
THE PAKISTAN FRONTIER CORPS.

(a) Authority.--Subsection (a) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 366) is amended by striking
``during fiscal year 2008'' and inserting ``during fiscal
years 2008 and 2009''.
(b) Funding Limitation.--Subsection (c)(1) of such section
is amended by inserting after ``fiscal year 2008'' the
following: ``and up to $25,000,000 of funds available to the
Department of Defense for operation and maintenance for
fiscal year 2009''.

SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR
MILITARY-TO-MILITARY CONTACTS AND COMPARABLE
ACTIVITIES.

(a) In General.--Section 168(e) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) Funds available to carry out this section shall be
available, to the extent provided in appropriations Acts, for
programs or activities under this section that begin in a
fiscal year and end in the following fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2008, and shall apply with
respect to programs and activities under section 168 of title
10, United States Code, as so amended, that begin on or after
that date.

SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY
INCREMENTAL EXPENSES FOR PARTICIPATION OF
DEVELOPING COUNTRIES IN COMBINED EXERCISES.

(a) In General.-- Section 2010 of title 10, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Funds available to carry out this section shall be
available, to the extent provided in appropriations Acts, for
bilateral or multilateral military exercises that begin in a
fiscal year and end in the following fiscal year.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2008, and shall apply with
respect to bilateral and multilateral military exercises
described in section 2010 of title 10, United States Code, as
so amended, that begin on or after that date.

SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO
LEND MILITARY EQUIPMENT FOR PERSONNEL
PROTECTION AND SURVIVABILITY.

(a) Semiannual Reports to Congressional Committees.--
Subsection (b)(3) of section 1202 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2412) is amended by adding at the end the
following new subparagraph:
``(E) With respect to equipment provided to each foreign
force that is not returned to the United States, a
description of the terms of disposition of the equipment to
the foreign force.
``(F) The percentage of equipment provided to foreign
forces under the authority of this section that is not
returned to the United States.''.
(b) Expiration.--Subsection (e) of such section, as amended
by section 1252(b) of National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 402), is
further amended by striking ``September 30, 2009'' and
inserting ``September 30, 2011''.

SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN
PERSONNEL OF EDUCATION AND TRAINING MATERIALS
AND INFORMATION TECHNOLOGY TO ENHANCE MILITARY
INTEROPERABILITY WITH THE ARMED FORCES.

(a) Authority for Distribution.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2249d. Distribution to certain foreign personnel of
education and training materials and information technology
to enhance military interoperability with the armed forces

``(a) Distribution Authorized.--To enhance interoperability
between the armed forces and military forces of friendly
foreign nations, the Secretary of Defense, with the
concurrence of the Secretary of State, may--
``(1) provide to personnel referred to in subsection (b)
electronically-distributed learning content for the education
and training of such personnel for the development or
enhancement of allied and friendly military and civilian
capabilities for multinational operations, including joint
exercises and coalition operations; and
``(2) provide information technology, including computer
software developed for such purpose, but only to the extent
necessary to support the use of such learning content for the
education and training of such personnel.
``(b) Authorized Recipients.--The personnel to whom
learning content and information technology may be provided
under subsection (a) are military and civilian personnel of a
friendly foreign government, with the permission of that
government.
``(c) Education and Training.--Any education and training
provided under subsection (a) shall include the following:
``(1) Internet-based education and training.
``(2) Advanced distributed learning and similar Internet
learning tools, as well as distributed training and computer-
assisted exercises.
``(d) Applicability of Export Control Regimes.--The
provision of learning content and information technology
under this section shall be subject to the provisions of the
Arms Export Control Act (22 U.S.C. 2751 et seq.) and any
other export control regime under law relating to the
transfer of military technology to foreign nations.
``(e) Guidance on Utilization of Authority.--
``(1) Guidance required.--The Secretary of Defense shall
develop and issue guidance on the procedures for the use of
the authority in this section.
``(2) Modification.--If the Secretary modifies the guidance
issued under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress a report setting forth the
modified guidance not later than 30 days after the date of
such modification.
``(f) Annual Report.--
``(1) Report required.--Not later than October 31 following
each fiscal year in which the authority in this section is
used, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the exercise
of the authority during such fiscal year.
``(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year covered by such report, the
following:
``(A) A statement of the recipients of learning content and
information technology provided under this section.
``(B) A description of the type, quantity, and value of the
learning content and information technology provided under
this section.
``(g) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended by adding at the end the following new item:

``2249d. Distribution to certain foreign personnel of education and
training materials and information technology to enhance
military interoperability with the armed forces.''.
(b) Guidance on Utilization of Authority.--
(1) Submittal to congress.--Not later than 30 days after
issuing the guidance required by section 2249d(e) of title
10, United States Code, as added by subsection (a), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth such guidance.
(2) Utilization of similar guidance.--In developing the
guidance required by section 2249d(e) of title 10, United
States Code, as so added, the Secretary may utilize
applicable portions of the current guidance developed by the
Secretary under subsection (f) of section 1207 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2419) for purposes of the
exercise of the authority in such section 1207.
(c) Repeal of Superseded Authority.--
(1) In general.--Section 1207 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 is repealed.
(2) Submittal of final report on exercise of authority.--If
the Secretary of Defense exercised the authority in section
1207 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 during fiscal year 2008, the Secretary
shall submit the report required by subsection (g) of such
section for such fiscal year in accordance

[[Page 20888]]

with the provisions of such subsection (g) without regard to
the repeal of such section under paragraph (1).
(d) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2008.

SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING
TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.

(a) Building of Capacity of Additional Foreign Forces.--
Subsection (a) of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456), as amended by section 1206 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2418), is further amended
by striking ``a program'' and all that follows and inserting
``a program or programs as follows:
``(1) To build the capacity of a foreign country's national
military forces in order for that country to--
``(A) conduct counterterrorism operations; or
``(B) participate in or support military and stability
operations in which the United States Armed Forces are
participating.
``(2) To build the capacity of a foreign country's maritime
security forces to conduct counterterrorism operations.''.
(b) Funding.--Subsection (c) of such section, as so
amended, is further amended--
(1) in paragraph (1), by striking ``$300,000,000'' and
inserting ``$350,000,000''; and
(2) by adding at the end the following new paragraph:
``(4) Availability of funds for activities across fiscal
years.--Amounts available under this subsection for the
authority in subsection (a) for a fiscal year may be used for
programs under that authority that begin in such fiscal year
but end in the next fiscal year.''.
(c) Three-Year Extension of Authority.--Subsection (g) of
such section, as so amended, is further amended--
(1) by striking ``September 30, 2008'' and inserting
``September 30, 2011''; and
(2) by striking ``fiscal year 2006, 2007, or 2008'' and
inserting ``fiscal years 2006 through 2011''.
(d) Effective Date.--The amendment made by subsection
(b)(2) shall take effect on October 1, 2008, and shall apply
with respect to programs under the authority in subsection
(a) of section 1206 of the National Defense Authorization Act
for Fiscal Year 2006, as so amended, that begin on or after
that date.

SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR
SECURITY AND STABILIZATION ASSISTANCE.

(a) Prohibition on Budget Support.--Subsection (a) of
section 1207 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3458) is
amended--
(1) by striking ``The Secretary of Defense'' and inserting
the following:
``(1) In general.--The Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Prohibition on budget support.--Nothing in this
section shall be construed to authorize the provision of
budget support to any foreign country.''.
(b) Assistance to Georgia During Fiscal Year 2009.--
Subsection (b) of such section is amended--
(1) by striking ``The aggregate value'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
aggregate value''; and
(2) by adding at the end the following new paragraph:
``(2) Assistance to georgia during fiscal year 2009.--
``(A) In general.--The Secretary of Defense is authorized
during fiscal year 2009 to exercise the authority of
subsection (a) to provide services to, and transfer defense
articles and funds to, the Secretary of State for the
purposes of facilitating the provision by the Secretary of
State of reconstruction, security, or stabilization
assistance to the country of Georgia.
``(B) Limitation.--The aggregate value of all services,
defense articles, and funds provided or transferred to the
Secretary of State under this section for Georgia in fiscal
year 2009--
``(i) may not exceed $50,000,000; and
``(ii) shall not count against the dollar amount limitation
specified in paragraph (1) for such fiscal year.''.
(c) Extension of Authority.--Subsection (g) of such
section, as amended by section 1210(b) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 369), is further amended by striking
``September 30, 2008'' and inserting ``September 30, 2009''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008.

SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT
OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

(a) In General.--Subsection (a) of section 1208 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086) is
amended--
(1) by inserting ``, with the concurrence of the relevant
Chief of Mission,'' after ``may''; and
(2) by striking ``$25,000,000'' and inserting
``$35,000,000''.
(b) Timing of Notice on Provision of Support.--Subsection
(c) of such section is amended by striking ``in not less than
48 hours'' and inserting ``within 48 hours''.
(c) Extension.--Subsection (h) of such section, as amended
by section 1202(c) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 364), is
further amended by striking ``2010'' and inserting ``2013''.
(d) Technical Amendment.--The heading of such section is
amended by striking ``MILITARY OPERATIONS'' and inserting
``SPECIAL OPERATIONS''.
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008.

SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF
EDUCATION AND TRAINING OF FOREIGN MILITARY
FORCES UNDER REGIONAL DEFENSE COMBATING
TERRORISM FELLOWSHIP PROGRAM.

(a) Increase in Amount.--Section 2249c(b) of title 10,
United States Code, is amended by striking ``$25,000,000''
and inserting ``$35,000,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2008, and shall apply with
respect to fiscal years beginning on or after that date.

Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.

No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for a
purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control of the oil resources
of Iraq.

SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN THE
UNITED STATES AND IRAQ.

(a) Requirement for Report.--
(1) In general.--(A) Not later than 90 days after the date
of the enactment of this Act, the President shall transmit to
the appropriate congressional committees a report on any
agreement that has been completed between the United States
and Iraq relating to--
(i) the legal status of United States military personnel,
civilian personnel, and contractor personnel of contracts
awarded by any department or agency of the United States
Government;
(ii) the establishment of or access to military bases;
(iii) the rules of engagement under which United States
Armed Forces operate in Iraq; and
(iv) any security commitment, arrangement, or assurance
that obligates the United States to respond to internal or
external threats against Iraq.
(B) If, on the date that is 90 days after the date of the
enactment of this Act, no agreement between the United States
and Iraq described in subparagraph (A) has been completed,
the President shall notify the appropriate congressional
committees that no such agreement has been completed, and
shall transmit to the appropriate congressional committees
the report required under subparagraph (A) as soon as
practicable after such an agreement or agreements are
completed.
(2) Update of report.--The President shall transmit to the
appropriate congressional committees an update of the report
required under paragraph (1) whenever an agreement between
the United States and Iraq relating to the matters described
in the report is substantially revised.
(b) Matters to Be Included.--The report required under
subsection (a) shall include, with respect to each agreement
described in subsection (a), the following:
(1) A description of any conditions placed on United States
combat operations by the Government of Iraq, including
required coordination, if any, before such operations can be
undertaken.
(2) A description of any constraints placed on United
States military personnel, civilian personnel, and contractor
personnel of contracts awarded by any department or agency of
the United States Government as a result of such conditions.
(3) A description of the conditions under which United
States military personnel, civilian personnel, or contractor
personnel of contracts awarded by any department or agency of
the United States Government could be tried by an Iraqi court
for alleged crimes occurring both during the performance of
official duties and during other such times, and the
protections that such personnel would be extended in an Iraqi
court, if applicable.

[[Page 20889]]

(4) An assessment of authorities under the agreement for
United States Armed Forces and Coalition partners to
apprehend, detain, and interrogate prisoners and otherwise
collect intelligence.
(5) A description of any security commitment, arrangement,
or assurance that obligates the United States to respond to
internal or external threats against Iraq, including the
manner in which such commitment, arrangement, or assurance
may be implemented.
(6) An assessment of any payments required under the
agreement to be paid to the Government of Iraq or other Iraqi
entities for rights, access, or support for bases and
facilities.
(7) An assessment of any payments required under the
agreement for any claims for deaths and damages caused by
United States military personnel, civilian personnel, and
contractor personnel of contracts awarded by any department
or agency of the United States Government in the performance
of their official duties.
(8) A description of the arrangements required under the
agreement to resolve disputes arising over matters contained
in the agreement or to consider changes to the agreement.
(9) A discussion of the extent to which the agreement
applies to other Coalition partners.
(10) A description of how the agreement can be terminated
by the United States or Iraq.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(e) Termination of Requirement.--
(1) In general.--Except as provided in paragraph (2), the
requirement to transmit the report and updates of the report
under subsection (a) terminates on December 31, 2009.
(2) Exception.--The requirement to transmit the report and
updates of the report under subsection (a) terminates before
December 31, 2009, if the following conditions are met:
(A) The President transmits to the appropriate
congressional committees the text of any agreement between
the United States and Iraq described in subsection (a)(1)(A)
and any amendment or update thereto.
(B) Within 30 days of transmission of the agreement, the
President makes available appropriate senior officials to
brief the appropriate congressional committees on the matters
covered by the agreement or any amendment or update thereto.

SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVINCIAL
RECONSTRUCTION TEAMS IN IRAQ.

(a) In General.--The President shall establish and
implement a strategy for United States-led Provincial
Reconstruction Teams (PRTs), including embedded PRTs and
Provincial Support Teams, in Iraq that ensures that such
United States-led PRTs are--
(1) supporting the operational and strategic goals of the
Multi-National Force-Iraq; and
(2) developing the capacity of national, provincial, and
local government and other civil institutions in Iraq to
assume increasing responsibility for the formulation,
implementation, and oversight of reconstruction and
development activities.
(b) Elements of Strategy.--At a minimum, the strategy
required under subsection (a) shall include--
(1) a mission statement and clearly defined objectives for
United States-led PRTs as a whole;
(2) a mission statement and clearly defined objectives for
each United States-led PRT; and
(3) measures of effectiveness and performance indicators
for meeting the objectives of each United States-led PRT as
described in paragraph (2).
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter
through the end of fiscal year 2010, the President shall
transmit to the appropriate congressional committees a report
on the implementation of the strategy required under
subsection (a), including an assessment of the specific
contributions United States-led PRTs are making to implement
the strategy. The initial report required under this
subsection should include a general description of the
strategy required under subsection (a) and a general
discussion of the elements of the strategy required under
subsection (b).
(2) Inclusion in other report.--The report required under
this subsection may be included in the report required by
section 1227 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

(a) Authority for Fiscal Years 2008 and 2009.--Subsection
(a) of section 1202 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as
amended by section 1205 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 366),
is further amended in the matter preceding paragraph (1)--
(1) by striking ``$977,441,000'' and inserting
``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in
fiscal year 2009,''; and
(2) by striking ``in such fiscal year''.
(b) Quarterly Reports.--Subsection (b) of such section, as
so amended, is further amended--
(1) in the heading, by inserting ``and Briefings'' after
``Reports'';
(2) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(3) by adding at the end the following new paragraphs:
``(2) Additional matters to be included.--In addition to
the information described in paragraph (1), each report
required under paragraph (1) that contains information on
projects carried out using funds authorized under the
Commanders' Emergency Response Program in Iraq shall include
the following:
``(A) A listing of each project for which amounts in excess
of $500,000 provided through the Commanders' Emergency
Response Program in Iraq were expended.
``(B) A written statement by the Secretary of Defense, or
the Deputy Secretary of Defense if the authority under
subsection (f) is delegated to the Deputy Secretary of
Defense, affirming that the certification required under
subsection (f) was issued for each project in Iraq for which
amounts in excess of $1,000,000 provided through the
Commanders' Emergency Response Program in Iraq were expended.
``(C) For each project listed in subparagraph (A), the
following information:
``(i) A description and justification for carrying out the
project
``(ii) A description of the extent of involvement by the
Government of Iraq in the project, including--

``(I) the amount of funds provided by the Government of
Iraq for the project; and
``(II) a description of the plan for the transition of such
project upon completion to the people of Iraq and for the
sustainment of any completed facilities, including any
commitments by the Government of Iraq to sustain projects
requiring the support of the Government of Iraq for
sustainment.

``(iii) A description of the current status of the project,
including, where appropriate, the projected completion date.
``(D) A description of the status of transitioning
activities carried out under the Commanders' Emergency
Response Program in Iraq to the Government of Iraq,
including--
``(i) the level of funding provided by the Government of
Iraq for the Government of Iraq Commanders' Emergency
Response Program (commonly known as `I-CERP');
``(ii) the level of funding provided and expended by the
Government of Iraq in other programs designed to meet urgent
humanitarian relief and reconstruction requirements that
immediately assist the Iraqi people; and
``(iii) a description of the progress made in transitioning
the responsibility for the Sons of Iraq Program to the
Government of Iraq.
``(3) Briefings.--Not later than 15 days after the
submission of each report under paragraph (1), appropriate
officials of the Department of Defense shall meet with the
congressional defense committees to brief such committees on
the matters contained in the report.''.
(c) Prohibition on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--Such section, as so
amended, is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--
``(1) Prohibition.--Except as provided in paragraph (2),
funds made available under this section for the Commanders'
Emergency Response Program in Iraq may not be obligated or
expended to carry out any project commenced after the date of
the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 if the total amount of
such funds made available for the purpose of carrying out the
project exceeds $2,000,000.
``(2) Exception.--The prohibition contained in paragraph
(1) shall not apply with respect to funds managed or
controlled by the Department of Defense that were otherwise
provided by another department or agency of the United States
Government, the

[[Page 20890]]

Government of Iraq, the government of a foreign country, a
foundation or other charitable organization (including a
foundation or charitable organization that is organized or
operates under the laws of a foreign country), or any source
in the private sector of the United States or a foreign
country.
``(3) Waiver.--The Secretary of Defense may waive the
prohibition contained in paragraph (1) if the Secretary of
Defense--
``(A) determines that such a waiver is required to meet
urgent humanitarian relief and reconstruction requirements
that will immediately assist the Iraqi people; and
``(B) submits in writing, within 15 days of issuing such
waiver, to the congressional defense committees a
notification of the waiver, together with a discussion of--
``(i) the unmet and urgent needs to be addressed by the
project; and
``(ii) any arrangements between the Government of the
United States and the Government of Iraq regarding the
provision of Iraqi funds for carrying out and sustaining the
project .''.
(d) Certification on Certain Projects Under the Commanders'
Emergency Response Program in Iraq.--Such section, as so
amended, is further amended--
(1) by redesignating subsection (f), as redesignated by
subsection (c) of this section, as subsection (g); and
(2) by inserting after subsection (e), as added by
subsection (c) of this section, the following new subsection:
``(f) Certification on Certain Projects Under the
Commanders' Emergency Response Program in Iraq.--
``(1) Certification.--Funds made available under this
section for the Commanders' Emergency Response Program in
Iraq may not be obligated or expended to carry out any
project commenced after the date of the enactment of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 if the total amount of such funds made available
for the purpose of carrying out the project exceeds
$1,000,000 unless the Secretary of Defense certifies that the
project addresses urgent humanitarian relief and
reconstruction requirements that will immediately assist the
Iraqi people.
``(2) Delegation.--The Secretary may delegate the authority
under paragraph (1) to the Deputy Secretary of Defense.''.
(e) Sense of Congress.--It is the sense of Congress that
the Government of Iraq should assume increasing
responsibility for funding and carrying out projects
currently funded by the United States through the Commanders'
Emergency Response Program, and should assume all costs
associated with the Sons of Iraq program as expeditiously as
possible.

SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES-
LED PROVINCIAL RECONSTRUCTION TEAMS IN
AFGHANISTAN.

(a) In General.--The President, acting through the
Secretary of Defense and the Secretary of State, shall
develop and implement a system to monitor the performance of
United States-led Provincial Reconstruction Teams (PRTs) in
Afghanistan.
(b) Elements of Performance Monitoring System.--The
performance monitoring system required under subsection (a)
shall include--
(1) PRT-specific work plans that incorporate the long-term
strategy, mission, and clearly defined objectives required by
section 1230(c)(3) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 386), and
include plans for developing the capacity of national,
provincial, and local government and other civil institutions
in Afghanistan to assume increasing responsibility for the
formulation, implementation, and oversight of reconstruction
and development activities; and
(2) comprehensive performance indicators and measures of
progress toward sustainable long-term security and stability
in Afghanistan, and include performance standards and
progress goals together with a notional timetable for
achieving such goals, consistent with the requirements of
section 1230(d) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 388).
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report on the
implementation of the performance monitoring system required
under subsection (a).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.

SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR
MILITARY FORCES OPERATING IN AFGHANISTAN.

(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, or December 1, 2008, whichever
occurs later, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the command
and control structure for military forces operating in
Afghanistan.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) A detailed description of efforts by the Secretary of
Defense, in coordination with senior leaders of NATO ISAF
forces, including the commander of NATO ISAF forces, to
modify the chain of command structure for military forces
operating in Afghanistan to better coordinate and de-conflict
military operations and achieve unity of command whenever
possible in Afghanistan, and the results of such efforts,
including--
(A) any United States or NATO ISAF plan for improving the
command and control structure for military forces operating
in Afghanistan; and
(B) any efforts to establish a headquarters in Afghanistan
that is led by a commander--
(i) with command authority over NATO ISAF forces and
separate United States forces operating under Operation
Enduring Freedom and charged with closely coordinating the
efforts of such forces; and
(ii) responsible for coordinating other United States and
international security efforts in Afghanistan.
(2) A description of how rules of engagement are determined
and managed for United States forces operating under NATO
ISAF or Operation Enduring Freedom, and a description of any
key differences between rules of engagement for NATO ISAF
forces and separate United States forces operating under
Operation Enduring Freedom.
(3) An assessment of how any modifications to the command
and control structure for military forces operating in
Afghanistan would impact coordination of military and
civilian efforts in Afghanistan.
(c) Update of Report.--The Secretary of Defense shall
submit to the appropriate congressional committees an update
of the report required under subsection (a) as warranted by
any modifications to the command and control structure for
military forces operating in Afghanistan as described in the
report.
(d) Form.--The report required under subsection (a) and any
update of the report required under subsection (c) shall be
submitted in an unclassified form, but may include a
classified annex, if necessary.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.

SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE
REGION ALONG THE BORDER OF AFGHANISTAN AND
PAKISTAN.

(a) Additional Reports Required.--Subsection (a) of section
1232 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 392) is amended--
(1) in the heading of paragraph (1), by striking ``In
general'' and inserting ``Initial report'';
(2) by striking paragraph (4);
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) Subsequent reports.--Concurrent with the submission
of each report submitted under section 1230 after the date of
the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, the Secretary of
Defense, in consultation with the Secretary of State, shall
submit to the appropriate congressional committees, a report
on enhancing security and stability in the region along the
border of Afghanistan and Pakistan. Each such report shall
include the following:
``(A) A description of the matters required to be included
in the initial report required under paragraph (1).
``(B) A description of any peace agreements between the
Government of Pakistan and tribal leaders from regions along
the Afghanistan-Pakistan border that contain commitments to
prevent cross-border incursions into Afghanistan and any
mechanisms in such agreements to enforce such commitments.
``(C) An assessment of the effectiveness of such peace
agreements in preventing cross-border incursions and of the
Government of Pakistan in enforcing those agreements.''.
(b) Copy of Notification Relating to Department of Defense
Coalition Support Funds for Pakistan.--Subsection (b)(1) of
such section is amended by adding at the end the following
new subparagraph:
``(C) Copy of notification.--The Secretary of Defense shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a copy of each notification required under
subparagraph (A).''.
(c) Additional Information on Department of Defense
Coalition Support Funds for Pakistan.--Subsection (b) of such
section is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:

[[Page 20891]]

``(5) Requirement to submit information relating to claims
disallowed or deferred by the united states.--
``(A) In general.--The Secretary of Defense shall submit,
in the manner specified in subparagraph (B), an itemized
description of the costs claimed by the Government of
Pakistan for logistical, military, or other support provided
by Pakistan to the United States for which the United States
will disallow or defer reimbursement to the Government of
Pakistan under the authority of any provision of law
described in paragraph (1)(B).
``(B) Manner of submission.--
``(i) In general.--To the maximum extent practicable, the
Secretary shall submit each itemized description of costs
required under subparagraph (A) as part of the notification
required under paragraph (1).
``(ii) Alternative submission.--To the extent that an
itemized description of costs required under subparagraph (A)
is not submitted in accordance with clause (i), the Secretary
shall submit such description not later than 180 days after
the date on which a decision to disallow or defer
reimbursement for the costs claimed is made.
``(C) Form.--Each itemized description of costs required
under subparagraph (B) shall be submitted in an unclassified
form, but may include a classified annex, if necessary.''.
(d) Extension of Notification Requirement Relating to
Department of Defense Coalition Support Funds for Pakistan.--
Subsection (b)(6) of such section, as redesignated by
subsection (c) of this section, is amended by striking
``September 30, 2009'' and inserting ``September 30, 2010''.
(e) Report Relating to Department of Defense Coalition
Support Funds for Pakistan.--Such section is further amended
by adding at the end the following new subsection:
``(c) Report Relating to Department of Defense Coalition
Support Funds for Pakistan.--
``(1) Report required.--Not later than 180 days after the
date of the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, the Secretary of
Defense shall submit to the appropriate congressional
committees a report that contains a detailed description of
efforts by the Secretary of Defense to address the findings
and implement the recommendations made by the Government
Accountability Office in its report entitled `Combating
Terrorism: Increased Oversight and Accountability Needed Over
Pakistan Reimbursement Claims for Coalition Support Funds'
(GAO-08-806; June 24, 2008).
``(2) Appropriate congressional committee defined.--In this
subsection, the term `appropriate congressional committees'
has the meaning given the term in subsection (a)(5).''.

SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO
TRAIN, ASSIST, AND ADVISE UNITS OF THE IRAQI
POLICE SERVICE.

(a) Study and Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State and the
Government of Iraq, shall conduct a study and submit to the
appropriate congressional committees a report containing the
recommendations of the Secretary of Defense on--
(1) the number of personnel required for Police Transition
Teams to train, assist, and advise units of the Iraqi Police
Service in fiscal year 2009 and in fiscal year 2010;
(2) the funding required to support the level of personnel
described in paragraph (1) in fiscal year 2009 and in fiscal
year 2010; and
(3) the feasibility of transferring responsibility for the
provision of the personnel described in paragraph (1) and the
support described in paragraph (2) from the Department of
Defense to the Department of State.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex if required.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.

Subtitle C--Other Matters

SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL
COOPERATION PROGRAMS.

(a) Expansion of Authority for Bilateral and Regional
Programs to Cover Multilateral Programs.--Section 1051 of
title 10, United States Code, is amended--
(1) in subsection (a), by striking ``a bilateral'' and
inserting ``a multilateral, bilateral,''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``to and'' and inserting ``to, from, and'';
and
(ii) by striking ``bilateral'' and inserting
``multilateral, bilateral,''; and
(B) in paragraph (2), by striking ``bilateral'' and
inserting ``multilateral, bilateral,''.
(b) Availability of Funds for Programs and Activities
Across Fiscal Years.--
(1) In general.--Such section is further amended by adding
at the end the following new subsection:
``(e) Funds available to carry out this section shall be
available, to the extent provided in appropriations Acts, for
programs and activities under this section that begin in a
fiscal year and end in the following fiscal year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2008, and shall apply with
respect to programs and activities under section 1051 of
title 10, United States Code, as so amended, that begin on or
after that date.
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:

``Sec. 1051. Multilateral, bilateral, or regional cooperation
programs: payment of personnel expenses''

(2) Clerical amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by striking
the item relating to section 1051 and inserting the following
new item:

``1051. Multilateral, bilateral, or regional cooperation programs:
payment of personnel expenses.''.

SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN
MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.

(a) Participation Authorized.--
(1) In general.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2350m. Participation in multinational military centers
of excellence

``(a) Participation Authorized.--The Secretary of Defense
may, with the concurrence of the Secretary of State,
authorize the participation of members of the armed forces
and Department of Defense civilian personnel in any
multinational military center of excellence for purposes of--
``(1) enhancing the ability of military forces and civilian
personnel of the nations participating in such center to
engage in joint exercises or coalition or international
military operations; or
``(2) improving interoperability between the armed forces
and the military forces of friendly foreign nations.
``(b) Memorandum of Understanding.--(1) The participation
of members of the armed forces or Department of Defense
civilian personnel in a multinational military center of
excellence under subsection (a) shall be in accordance with
the terms of one or more memoranda of understanding entered
into by the Secretary of Defense, with the concurrence of the
Secretary of State, and the foreign nation or nations
concerned.
``(2) If Department of Defense facilities, equipment, or
funds are used to support a multinational military center of
excellence under subsection (a), the memoranda of
understanding under paragraph (1) with respect to that center
shall provide details of any cost-sharing arrangement or
other funding arrangement.
``(c) Availability of Appropriated Funds.--(1) Funds
appropriated to the Department of Defense for operation and
maintenance are available as follows:
``(A) To pay the United States share of the operating
expenses of any multinational military center of excellence
in which the United States participates under this section.
``(B) To pay the costs of the participation of members of
the armed forces and Department of Defense civilian personnel
in multinational military centers of excellence under this
section, including the costs of expenses of such
participants.
``(2) No funds may be used under this section to fund the
pay or salaries of members of the armed forces and Department
of Defense civilian personnel who participate in
multinational military centers of excellence under this
section.
``(d) Use of Department of Defense Facilities and
Equipment.--Facilities and equipment of the Department of
Defense may be used for purposes of the support of
multinational military centers of excellence under this
section that are hosted by the Department.
``(e) Annual Reports on Use of Authority.--(1) Not later
than October 31, 2009, and annually thereafter, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the use of the authority in
this section during the preceding fiscal year.
``(2) Each report required by paragraph (1) shall include,
for the fiscal year covered by such report, the following:
``(A) A detailed description of the participation of the
Department of Defense, and of members of the armed forces and
civilian personnel of the Department, in multinational
military centers of excellence under the authority of this
section.
``(B) For each multinational military center of excellence
in which the Department of Defense, or members of the armed
forces or

[[Page 20892]]

civilian personnel of the Department, so participated--
``(i) a description of such multinational military center
of excellence;
``(ii) a description of the activities participated in by
the Department, or by members of the armed forces or civilian
personnel of the Department; and
``(iii) a statement of the costs of the Department for such
participation, including--
``(I) a statement of the United States share of the
expenses of such center and a statement of the percentage of
the United States share of the expenses of such center to the
total expenses of such center; and
``(II) a statement of the amount of such costs (including a
separate statement of the amount of costs paid for under the
authority of this section by category of costs).
``(f) Multinational Military Center of Excellence
Defined.--In this section, the term `multinational military
center of excellence' means an entity sponsored by one or
more nations that is accredited and approved by the Military
Committee of the North Atlantic Treaty Organization (NATO) as
offering recognized expertise and experience to personnel
participating in the activities of such entity for the
benefit of NATO by providing such personnel opportunities
to--
``(1) enhance education and training;
``(2) improve interoperability and capabilities;
``(3) assist in the development of doctrine; and
``(4) validate concepts through experimentation.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of such title is
amended by adding at the end the following new item:

``2350m. Participation in multinational military centers of
excellence.''.
(b) Repeal of Superseded Authority.--Section 1205 of the
John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2416) is repealed.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2008.

SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY
DEFENSE CONTRACTORS IN CERTAIN SPACE ACTIVITIES
OF THE PEOPLE'S REPUBLIC OF CHINA.

(a) Review Required.--The Secretary of Defense shall
conduct a review to determine whether there are any security
risks associated with participation by covered contractors in
certain space activities of the People's Republic of China.
(b) Matters to Be Included.--The review required under
subsection (a) shall include, at a minimum, a review of the
following:
(1) Whether there have been any incidents with respect to
which a determination has been made that an improper
disclosure of covered information by a covered contractor has
occurred during the five-year period ending on the date of
the enactment of this Act.
(2) The increase, if any, in the number of covered
contractors expected to occur during the 5-year period
beginning on the date of the enactment of this Act.
(3) The extent to which the policies and procedures of the
Department of Defense are sufficient to protect against the
improper disclosure of covered information by a covered
contractor during the 5-year period beginning on the date of
the enactment of this Act.
(4) The Secretary's conclusions regarding awards of
contracts by the Department of Defense to covered contractors
after the date of the enactment of this Act.
(5) Any other matters that the Secretary determines to be
appropriate to include in the review.
(c) Cooperation From Other Departments and Agencies.--The
Secretary of State, the Director of National Intelligence,
and the head of any other United States Government department
or agency shall cooperate in a complete and timely manner to
provide the Secretary of Defense with data and other
information necessary for the Secretary of Defense to carry
out the review required under subsection (a).
(d) Report.--
(1) In general.--Not later than March 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report on the review required under
subsection (a).
(2) Form.--The report required under this subsection shall
include a summary in unclassified form to the maximum extent
practicable.
(e) Definitions.--In this section:
(1) Certain space activities of the people's republic of
china.--The term ``certain space activities of the People's
Republic of China'' means--
(A) the development or manufacture of satellites for launch
from the People's Republic of China; and
(B) the launch of satellites from the People's Republic of
China.
(2) Covered contractor.--The term ``covered contractor''
means a contractor of the Department of Defense, and any
subcontractor (at any tier) of the contractor, that--
(A) has access to covered information; and
(B) participates, or is part of a joint venture that
participates, or whose parent, sister, subsidiary, or
affiliate company participates, in certain space activities
in the People's Republic of China.
(3) Covered information.--The term ``covered information''
means classified information and sensitive controlled
unclassified information obtained under contracts (or
subcontracts of such contracts) of the Department of Defense.

SEC. 1234. REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR
WEAPONS.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the Director of National Intelligence shall submit to
Congress a report on Iran's capability to produce nuclear
weapons. The report required under this subsection may be
submitted in classified form.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) The locations, types, and number of centrifuges and
other specialized equipment necessary for the enrichment of
uranium and any plans to acquire, manufacture, and operate
such equipment in the future.
(2) An estimate of the amount, if any, of highly enriched
uranium and weapons grade plutonium acquired or produced to
date, an estimate of the amount of weapons grade plutonium
that is likely to be produced or acquired in the near- and
midterms and the amount of highly enriched uranium that is
likely to be produced or acquired in the near- and midterms,
and the number of nuclear weapons that could be produced with
such materials.
(3) A evaluation of the extent to which security and
safeguards at any nuclear site prevent, slow, verify, or help
monitor the enrichment of uranium or the reprocessing of
plutonium into weapons-grade materials.
(4) A description of any weaponization activities, such as
the research, design, development, or testing of nuclear
weapons or weapons-related components.
(5) A description of any programs to construct, acquire,
test, or improve methods to deliver nuclear weapons,
including an assessment of the likely progress of such
programs in the near- and mid-terms.
(6) A summary of assessments made by allies of the United
States of Iran's nuclear weapons program and nuclear-capable
delivery systems programs.
(c) Notification.--The President shall notify Congress, in
writing, within 15 days of determining that--
(1) Iran has resumed a nuclear weapons program;
(2) Iran has met or surpassed any major milestone in its
nuclear weapons program; or
(3) Iran has undertaken to accelerate, decelerate, or cease
the development of any significant element within its nuclear
weapons program.

SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS.

(a) In General.--The Secretary of Defense and the Secretary
of State are authorized to jointly establish and operate a
temporary program to offer employment as translators,
interpreters, or cultural awareness instructors to
individuals described in subsection (b). Individuals
described in such subsection may be appointed to temporary
positions of one year or less outside Iraq with either the
Department of Defense or the Department of State, without
competition and without regard for the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code. Such individuals may also be hired as personal services
contractors by either of such Departments to provide
translation, interpreting, or cultural awareness instruction,
except that such individuals so hired shall not by virtue of
such employment be considered employees of the United States
Government, except for purposes of chapter 81 of title 5,
United States Code, and chapter 171 of title 28, United
States Code.
(b) Eligibility.--Individuals referred to in subsection (a)
are Iraqi nationals who--
(1) have received a special immigrant visa issued pursuant
to section 1059 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) or section 1244 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181); and
(2) are lawfully present in the United States.
(c) Funding.--
(1) In general.--Except as provided in paragraph (2), the
program established under subsection (a) shall be funded from
the annual general operating budget of the Department of
Defense.
(2) Exception.--The Secretary of State shall reimburse the
Department of Defense for any costs associated with
individuals described in subsection (b) whose work is for or
on behalf of the Department of State.
(d) Rule of Construction Regarding Access to Classified
Information.--Nothing in this section may be construed as
affecting in any manner practices and procedures regarding
the handling of or access to classified information.
(e) Information Sharing.--The Secretary of Defense and the
Secretary of State shall work with the Secretary of Homeland
Security and the Office of Refugee Resettlement of the
Department of Health and Human Services to ensure that
individuals described in subsection (b) are informed of the
program established under subsection (a).

[[Page 20893]]

(f) Regulation.--The Secretary of Defense, jointly with the
Secretary of State and with the concurrence of the Director
of the Office of Personnel Management, shall prescribe such
regulations as are necessary to carry out the program
established under subsection (a), including ensuring the
suitability for employment described in subsection (a) of
individuals described in subsection (b), determining the
number of positions, and establishing pay scales and hiring
procedures.
(g) Termination.--
(1) In general.--Except as provided in paragraph (2), the
program established under subsection (a) shall terminate on
December 31, 2014.
(2) Earlier termination.--If the Secretary of Defense,
jointly with the Secretary of State, determines that the
program established under subsection (a) should terminate
before the date specified in paragraph (1), the Secretaries
may terminate the program if the Secretaries notify Congress
in writing of such termination at least 180 days before such
termination.

SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON
CLAIMS RELATING TO THE BOMBING OF THE LABELLE
DISCOTHEQUE.

Section 1225(b) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465), as
amended by section 1261(1)(B) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 405), is further amended--
(1) in paragraph (2)--
(A) by striking ``Not later than one year after enactment
of this Act, and not later than two years after enactment of
this Act'' and inserting ``Not later than 90 days after the
date of the enactment of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, and every 180 days
thereafter''; and
(B) by adding at the end the following new sentence: ``Each
update under this paragraph after the date of the enactment
of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 shall be submitted in unclassified form, but
may include a classified annex.''; and
(2) by adding at the end the following new paragraph:
``(3) Termination.--The requirement to submit updates under
paragraph (2) shall terminate upon submission by the
Secretary of State to Congress of the certification described
in section 5(a)(2) of the Libya Claims Resolution Act (Public
Law 110-301; 122 Stat. 3000).''.

SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL
PARTNERSHIP AUTHORITIES.

(a) In General.--Not later than December 31, 2010, the
Secretary of Defense and the Secretary of State shall jointly
submit to the appropriate committees of Congress a report on
the implementation of the Building Global Partnership
authorities during the period beginning on the date of the
enactment of this Act and ending on September 30, 2010.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A detailed summary of the programs conducted under the
Building Global Partnership authorities during the period
covered by the report, including, for each country receiving
assistance under such a program, a description of the
assistance provided and its cost.
(2) An assessment of the impact of the assistance provided
under the Building Global Partnership authorities with
respect to each country receiving assistance under such
authorities.
(3) A description of--
(A) the processes used by the Department of Defense and the
Department of State to jointly formulate, prioritize, and
select projects to be funded under the Building Global
Partnership authorities; and
(B) the processes, if any, used by the Department of
Defense and the Department of State to evaluate the success
of each project so funded after its completion.
(4) A statement of the projects initiated under the
Building Global Partnership authorities that were
subsequently transitioned to and sustained under the
authorities of the Foreign Assistance Act of 1961 or other
authorities.
(5) An assessment of the utility of the Building Global
Partnership authorities, and of any gaps in such authorities,
including an assessment of the feasability and advisability
of continuing such authorities beyond their current dates of
expiration (whether in their current form or with such
modifications as the Secretary of Defense and the Secretary
of State jointly consider appropriate).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(2) Building global partnership authorities.--The term
``Building Global Partnership authorities'' means the
following:
(A) Authority for building capacity of foreign military
forces.--The authorities provided in section 1206 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3456), as amended by section
1206 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418) and
section 1206 of this Act.
(B) Authority for security and stabilization assistance.--
The authorities provided in section 1207 of the National
Defense Authorization Act for Fiscal Year 2006 (119 Stat.
3458), as amended by section 1210 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 369) and section 1207 of this Act.
(C) Civic assistance authorities under combatant commander
initiative fund.--The authority to engage in urgent and
unanticipated civic assistance under the Combatant Commander
Initiative Fund under section 166a(b)(6) of title 10, United
States Code, as a result of the amendments made by section
902 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (120 Stat. 2351).

SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT
CERTAIN ANNUAL REPORTS TO CONGRESS REGARDING
ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE.

(a) Modification of Certain Reports on Allied Contributions
to the Common Defense.--Section 1003 of the Department of
Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat.
2576) is amended--
(1) by striking subsections (c) and (d); and
(2) adding at the end the following new subsections:
``(c) The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives each year,
not later than March 1, a report containing a description
of--
``(1) annual defense spending by each member nation of
NATO, by each member nation of the Euro-Atlantic Partnership
Council (EAPC), and by Japan, including available nominal
budget figures and defense spending as a percentage of the
respective nation's gross domestic product for the fiscal
year immediately preceding the fiscal year in which the
report is submitted;
``(2) activities of each NATO member nation, each EAPC
member nation, and Japan to contribute to military or
stability operations in which the United States Armed Forces
are a participant;
``(3) any limitations that such nations place on the use of
their national contributions described in paragraph (2); and
``(4) any actions undertaken by the United States
Government to minimize those limitations described in
paragraph (3).
``(d) The report required under subsection (c) shall be
submitted in unclassified form, but may include a classified
annex.''
(b) Repeal of Report on Cost-Sharing.--Section 1313 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2894) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsections (c).

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.

(a) Specification of Cooperative Threat Reduction
Programs.--For purposes of section 301 and other provisions
of this Act, Cooperative Threat Reduction programs are the
programs specified in section 1501 of the National Defense
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
(b) Fiscal Year 2009 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2009
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for fiscal years 2009, 2010, and 2011.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $434,135,000
authorized to be appropriated to the Department of Defense
for fiscal year 2009 in section 301(19) for Cooperative
Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$79,985,000.
(2) For strategic nuclear arms elimination in Ukraine,
$6,400,000.
(3) For nuclear weapons storage security in Russia,
$24,101,000.
(4) For nuclear weapons transportation security in Russia,
$40,800,000.
(5) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$59,286,000.
(6) For biological threat reduction in the former Soviet
Union, $184,463,000.

[[Page 20894]]

(7) For chemical weapons destruction, $1,000,000.
(8) For defense and military contacts, $8,000,000.
(9) For new Cooperative Threat Reduction initiatives,
$10,000,000.
(10) For activities designated as Other Assessments/
Administrative Costs, $20,100,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2009 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection
(a) until 15 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2009 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2009 for a
purpose listed in paragraphs (1) through (10) of subsection
(a) in excess of the specific amount authorized for that
purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (10) of subsection
(a) in excess of the specific amount authorized for such
purpose may be made using the authority provided in paragraph
(1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the
National Defense Stockpile.

Subtitle C--Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.

Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $198,150,000.
(2) For the Defense Working Capital Fund, Defense
Commissary, $1,291,084,000.

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

Funds are hereby authorized to be appropriated for fiscal
year 2009 for the National Defense Sealift Fund in the amount
of $1,608,572,000.

SEC. 1403. DEFENSE HEALTH PROGRAM.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2009 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of
$24,966,917,000, of which--
(1) $24,467,074,000 is for Operation and Maintenance;
(2) $195,938,000 is for Research, Development, Test, and
Evaluation; and
(3) $303,905,000 is for Procurement.
(b) Source of Certain Funds.--Of the amount available under
subsection (a), $1,300,000,000 shall, to the extent provided
in advance in an Act making appropriations for fiscal year
2009, be available by transfer from the National Defense
Stockpile Transaction Fund established under subsection (a)
of section 9 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h).

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2009 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
in the amount of $1,485,634,000, of which--
(1) $1,152,668,000 is for Operation and Maintenance;
(2) $268,881,000 is for Research, Development, Test, and
Evaluation; and
(3) $64,085,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.

SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2009 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, in the amount of
$1,060,463,000.

SEC. 1406. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2009 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, in the amount of
$273,845,000, of which--
(1) $270,445,000 is for Operation and Maintenance; and
(2) $3,400,000 is for Procurement.

SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

Section 2218 of title 10, United States Code, is amended--
(1) by striking subsection (j) and redesignating
subsections (k) and (l) as subsections (j) and (k),
respectively; and
(2) in paragraph (2) of subsection (k) (as so
redesignated), by striking subparagraphs (B) thru (I) and
inserting the following new subparagraph (B):
``(B) Any other auxiliary vessel that was procured or
chartered with specific authorization in law for the vessel,
or class of vessels, to be funded in the National Defense
Sealift Fund.''.

Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year
2009, the National Defense Stockpile Manager may obligate up
to $41,153,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.

SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM
THE NATIONAL DEFENSE STOCKPILE.

(a) Fiscal Year 1999 Disposal Authority.--Section
3303(a)(7) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
50 U.S.C. 98d note), as most recently amended by section
1412(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 418), is further
amended by striking ``$1,066,000,000 by the end of fiscal
year 2015'' and inserting ``$1,386,000,000 by the end of
fiscal year 2016''.
(b) Fiscal Year 1998 Disposal Authority.--Section
3305(a)(5) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as
most recently amended by section 3302(b) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2513), is further amended by
striking ``2008'' and inserting ``2009''.

Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.

There is authorized to be appropriated for fiscal year 2009
from the Armed Forces Retirement Home Trust Fund the sum of
$63,010,000 for the operation of the Armed Forces Retirement
Home.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

[[Page 20895]]

Sec. 1507. Special transfer authority.
Sec. 1508. Prohibition on use of United States funds for certain
facilities projects in Iraq and contributions by the
Government of Iraq to combined operations and other
activities in Iraq.

SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OPERATIONS IN AFGHANISTAN AND IRAQ FOR FISCAL
YEAR 2009.

(a) Authorization of Previously Appropriated Amounts.--In
addition to the amounts otherwise authorized to be
appropriated by division A of this Act, the amounts
appropriated for fiscal year 2009 in chapter 2 of title IX of
the Supplemental Appropriations Act, 2008 (Public Law 110-
252; 122 Stat. 2405-2414) are hereby authorized to be
appropriated.
(b) Additional Authorization.--In addition to the amounts
otherwise authorized to be appropriated by division A of this
Act and subsection (a), funds in the amount of $2,076,000,000
are hereby authorized to be appropriated for aircraft
procurement, Air Force, for the purpose of acquiring six C-17
aircraft.

SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR
AFGHANISTAN AND IRAQ.

(a) Operations in Iraq and Afghanistan.--In any annual or
supplemental budget request for the Department of Defense
that is submitted to Congress after the date of the enactment
of this Act, the Secretary of Defense shall set forth
separately any funding requested in such budget request for--
(1) operations of the Department of Defense in Afghanistan;
and
(2) operations of the Department of Defense in Iraq.
(b) Specificity of Display.--Each budget request covered by
subsection (a) shall, for any funding requested for
operations in Iraq or Afghanistan--
(1) clearly display the amount of such funding at the
appropriation account level and at the program, project, or
activity level; and
(2) include a detailed description of the assumptions
underlying the funding for the period covered by the budget
request, including the anticipated troop levels, the
operations intended to be carried out, and the equipment
reset requirements necessary to support such operations.

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

(a) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2439), as amended by subsection (b), shall apply to
the funds appropriated pursuant to the authorization of
appropriations in section 1501 of this Act and made available
to the Department of Defense for the Joint Improvised
Explosive Device Defeat Fund.
(b) Modification of Funds Transfer Authority.--Section
1514(c)(1) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439)
is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively.
(c) Prior Notice of Transfer of Funds.--Section 1514(c)(4)
of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) is
amended by inserting after ``five days'' the following: ``(in
the case of the obligation of funds) or 15 days (in the case
of a transfer of funds)''.
(d) Monthly Obligations and Expenditure Reports.--Not later
than 15 days after the end of each month of fiscal year 2009,
the Secretary of Defense shall provide to the congressional
defense committees a report on the Joint Improvised Explosive
Device Defeat Fund explaining monthly commitments,
obligations, and expenditures by line of action.
(e) Modification of Submittal Date of Other Reports.--
Section 1514(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2440) is amended by striking ``30 days'' and
inserting ``60 days''.

SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO
DEFEAT OR COUNTER IMPROVISED EXPLOSIVE DEVICES.

(a) Strategy Required.--The Director of the Joint
Improvised Explosive Device Defeat Organization (JIEDDO),
jointly with the Director of Defense Research and
Engineering, shall develop a comprehensive science and
technology investment strategy for countering the threat of
improvised explosive devices (IEDs).
(b) Elements.--The strategy developed under subsection (a)
shall include the following:
(1) Identification of counter-IED capability gaps.
(2) A taxonomy describing the major technical areas for the
Department of Defense to address the counter-IED capability
gaps and in which science and technology funding investments
should be made.
(3) Identification of funded programs to develop or mature
technologies from or to the level of system or subsystem
model or prototype demonstration in a relevant environment,
and investment levels for those initiatives.
(4) Identification of JIEDDO's mechanisms for coordinating
Department of Defense and Federal Government science and
technology activities in areas covered by the strategy.
(5) Identification of technology transition mechanisms
developed or utilized to efficiently transition technologies
to acquisition programs of the Department of Defense or into
operational use, including a summary of counter-IED
technologies transitioned from JIEDDO, the military
departments, and other Defense Agencies to the acquisition
programs or into operational use.
(6) Identification of high priority basic research efforts
that should be addressed through JIEDDO or other Department
of Defense activities to support development of next
generation IED defeat capabilities.
(7) Identification of barriers or issues, such as
industrial base, workforce, or statutory or regulatory
barriers, that could hinder the efficient and effective
development and operational use of advanced IED defeat
capabilities, and discussion of activities undertaken to
address them.
(8) Identification of the measures of effectiveness for the
overall Department of Defense science and technology counter-
IED effort.
(9) Such other matters as the Director of the JIEDDO and
the Director of Defense Research and Engineering consider
appropriate.
(c) Report.--Not later than March 1, 2009, and each March 1
thereafter through March 1, 2013, the Director of the JIEDDO
and the Director of Defense Research and Engineering shall
jointly submit to the congressional defense committees a
report describing the implementation of the strategy
developed under subsection (a). The report may be in
unclassified and classified format, as necessary.

SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

Funds appropriated pursuant to the authorization of
appropriations in section 1501 of this Act or in the
Supplemental Appropriations Act, 2008 (Public Law 110-252;
122 Stat. 2407) and made available to the Department of
Defense for the Iraq Security Forces Fund shall be subject to
the conditions contained in subsections (b) through (g) of
section 1512 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 426).

SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.

Funds appropriated pursuant to the authorization of
appropriations in section 1501 of this Act or in the
Supplemental Appropriations Act, 2008 (Public Law 110-252;
122 Stat. 2407) and made available to the Department of
Defense for the Afghanistan Security Forces Fund shall be
subject to the conditions contained in subsections (b)
through (g) of section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 428).

SEC. 1507. SPECIAL TRANSFER AUTHORITY.

SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR
CERTAIN FACILITIES PROJECTS IN IRAQ AND
CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ TO
COMBINED OPERATIONS AND OTHER ACTIVITIES IN
IRAQ.

(a) Prohibition Related to Facilities for Government of
Iraq.--
(1) Prohibition on availability of united states funds for
projects.--Except as provided in paragraph (2), amounts
authorized to be appropriated by this title may not be
obligated or expended for the acquisition, conversion,
rehabilitation, or installation of facilities in Iraq for the
use of the Government of Iraq, political subdivisions of
Iraq, or agencies, departments, or forces of the Government
of Iraq or such political subdivisions.
(2) Exceptions.--
(A) Exception for cerp.--The prohibition in paragraph (1)
does not apply to amounts authorized to be appropriated by
this title for the Commanders' Emergency Response Program
(CERP).
(B) Exception for military construction.--The prohibition
in paragraph (1) does not apply to military construction (as
defined in section 2801 of title 10, United States Code),
carried out in Iraq.

[[Page 20896]]

(C) Exception for technical assistance.--The prohibition in
paragraph (1) does not apply to the provision of technical
assistance necessary to assist the Government of Iraq to
carry out facilities projects on its own behalf.
(b) Combined Operations.--
(1) Cost sharing.--The United States Government shall
initiate negotiations with the Government of Iraq on an
agreement under which the Government of Iraq shall share with
the United States Government the costs of combined operations
of the Government of Iraq and the Multi-National Forces Iraq
undertaken as part of Operation Iraqi Freedom.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall, in
conjunction with the Secretary of Defense, submit to Congress
a report describing the status of negotiations under
paragraph (1).
(c) Iraqi Security Forces.--
(1) Use of iraq funds.--The United States Government shall
take actions to ensure that Iraq funds are used to pay the
costs of the salaries, training, equipping, and sustainment
of Iraqi Security Forces.
(2) Reports.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter, the
President shall submit to Congress a report setting forth an
assessment of the progress made in meeting the requirements
of paragraph (1).

TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

SEC. 1601. SHORT TITLE.

This title may be cited as the ``Reconstruction and
Stabilization Civilian Management Act of 2008''.

SEC. 1602. FINDINGS.

Congress finds the following:
(1) In June 2004, the Office of the Coordinator for
Reconstruction and Stabilization (referred to as the
``Coordinator'') was established in the Department of State
with the mandate to lead, coordinate, and institutionalize
United States Government civilian capacity to prevent or
prepare for post-conflict situations and help reconstruct and
stabilize a country or region that is at risk of, in, or is
in transition from, conflict or civil strife.
(2) In December 2005, the Coordinator's mandate was
reaffirmed by the National Security Presidential Directive
44, which instructed the Secretary of State, and at the
Secretary's direction, the Coordinator, to coordinate and
lead integrated United States Government efforts, involving
all United States departments and agencies with relevant
capabilities, to prepare, plan for, and conduct
reconstruction and stabilization operations.
(3) National Security Presidential Directive 44 assigns to
the Secretary, with the Coordinator's assistance, the lead
role to develop reconstruction and stabilization strategies,
ensure civilian interagency program and policy coordination,
coordinate interagency processes to identify countries at
risk of instability, provide decision-makers with detailed
options for an integrated United States Government response
in connection with reconstruction and stabilization
operations, and carry out a wide range of other actions,
including the development of a civilian surge capacity to
meet reconstruction and stabilization emergencies. The
Secretary and the Coordinator are also charged with
coordinating with the Department of Defense on reconstruction
and stabilization responses, and integrating planning and
implementing procedures.
(4) The Department of Defense issued Directive 3000.05,
which establishes that stability operations are a core United
States military mission that the Department of Defense must
be prepared to conduct and support, provides guidance on
stability operations that will evolve over time, and assigns
responsibilities within the Department of Defense for
planning, training, and preparing to conduct and support
stability operations.
(5) The President's Fiscal Year 2009 Budget Request to
Congress includes $248.6 million for a Civilian Stabilization
Initiative that would vastly improve civilian partnership
with United States Armed Forces in post-conflict
stabilization situations, including by establishing a Active
Response Corps of 250 persons, a Standby Response Corps of
2,000 persons, and a Civilian Response Corps of 2,000
persons.

SEC. 1603. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Agency.--The term ``agency'' means any entity included
in chapter 1 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(4) Department.--Except as otherwise provided in this
title, the term ``Department'' means the Department of State.
(5) Personnel.--The term ``personnel'' means individuals
serving in any service described in section 2101 of title 5,
United States Code, other than in the legislative or judicial
branch.
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.

SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION
AND STABILIZATION CRISES.

Chapter 1 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2351 et seq.) is amended by inserting after
section 617 the following new section:

``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION
CRISIS.

``(a) Assistance.--
``(1) In general.--If the President determines that it is
in the national security interests of the United States for
United States civilian agencies or non-Federal employees to
assist in reconstructing and stabilizing a country or region
that is at risk of, in, or is in transition from, conflict or
civil strife, the President may, in accordance with the
provisions set forth in section 614(a)(3), but
notwithstanding any other provision of law, and on such terms
and conditions as the President may determine, furnish
assistance to such country or region for reconstruction or
stabilization using funds described in paragraph (2).
``(2) Funds described.--The funds referred to in paragraph
(1) are funds made available under any other provision of
this Act, and transferred or reprogrammed for purposes of
this section, and such transfer or reprogramming shall be
subject to the procedures applicable to a notification under
section 634A of this Act.
``(3) Rule of construction.--Nothing in this section shall
be construed to provide authority to transfer funds between
accounts or between Federal departments or agencies.
``(b) Limitation.--The authority contained in this section
may be exercised only during fiscal years 2009, 2010, and
2011.''.

SEC. 1605. RECONSTRUCTION AND STABILIZATION.

Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the
end the following new section:

``SEC. 62. RECONSTRUCTION AND STABILIZATION.

``(a) Office of the Coordinator for Reconstruction and
Stabilization.--
``(1) Establishment.--There is established within the
Department of State the Office of the Coordinator for
Reconstruction and Stabilization.
``(2) Coordinator for reconstruction and stabilization.--
The head of the Office shall be the Coordinator for
Reconstruction and Stabilization, who shall be appointed by
the President, by and with the advice and consent of the
Senate. The Coordinator shall report directly to the
Secretary.
``(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization shall
include the following:
``(A) Monitoring, in coordination with relevant bureaus and
offices of the Department of State and the United States
Agency for International Development (USAID), political and
economic instability worldwide to anticipate the need for
mobilizing United States and international assistance for the
reconstruction and stabilization of a country or region that
is at risk of, in, or are in transition from, conflict or
civil strife.
``(B) Assessing the various types of reconstruction and
stabilization crises that could occur and cataloging and
monitoring the non-military resources and capabilities of
agencies (as such term is defined in section 1603 of the
Reconstruction and Stabilization Civilian Management Act of
2008) that are available to address such crises.
``(C) Planning, in conjunction with USAID, to address
requirements, such as demobilization, disarmament, rebuilding
of civil society, policing, human rights monitoring, and
public information, that commonly arise in reconstruction and
stabilization crises.
``(D) Coordinating with relevant agencies to develop
interagency contingency plans and procedures to mobilize and
deploy civilian personnel and conduct reconstruction and
stabilization operations to address the various types of such
crises.
``(E) Entering into appropriate arrangements with agencies
to carry out activities under this section and the
Reconstruction and Stabilization Civilian Management Act of
2008.
``(F) Identifying personnel in State and local governments
and in the private sector who are available to participate in
the Civilian Reserve Corps established under subsection (b)
or to otherwise participate in or contribute to
reconstruction and stabilization activities.
``(G) Taking steps to ensure that training and education of
civilian personnel to perform such reconstruction and
stabilization activities is adequate and is carried out, as
appropriate, with other agencies involved with stabilization
operations.

[[Page 20897]]

``(H) Taking steps to ensure that plans for United States
reconstruction and stabilization operations are coordinated
with and complementary to reconstruction and stabilization
activities of other governments and international and
nongovernmental organizations, to improve effectiveness and
avoid duplication.
``(I) Maintaining the capacity to field on short notice an
evaluation team consisting of personnel from all relevant
agencies to undertake on-site needs assessment.
``(b) Response Readiness Corps.--
``(1) Response readiness corps.--The Secretary, in
consultation with the Administrator of the United States
Agency for International Development and the heads of other
appropriate agencies of the United States Government, may
establish and maintain a Response Readiness Corps (referred
to in this section as the `Corps') to provide assistance in
support of reconstruction and stabilization operations in
countries or regions that are at risk of, in, or are in
transition from, conflict or civil strife. The Corps shall be
composed of active and standby components consisting of
United States Government personnel, including employees of
the Department of State, the United States Agency for
International Development, and other agencies who are
recruited and trained (and employed in the case of the active
component) to provide such assistance when deployed to do so
by the Secretary to support the purposes of this Act.
``(2) Civilian reserve corps.--The Secretary, in
consultation with the Administrator of the United States
Agency for International Development, may establish a
Civilian Reserve Corps for which purpose the Secretary is
authorized to employ and train individuals who have the
skills necessary for carrying out reconstruction and
stabilization activities, and who have volunteered for that
purpose. The Secretary may deploy members of the Civilian
Reserve Corps pursuant to a determination by the President
under section 618 of the Foreign Assistance Act of 1961.
``(3) Mitigation of domestic impact.--The establishment and
deployment of any Civilian Reserve Corps shall be undertaken
in a manner that will avoid substantively impairing the
capacity and readiness of any State and local governments
from which Civilian Reserve Corps personnel may be drawn.
``(c) Existing Training and Education Programs.--The
Secretary shall ensure that personnel of the Department, and,
in coordination with the Administrator of USAID, that
personnel of USAID, make use of the relevant existing
training and education programs offered within the
Government, such as those at the Center for Stabilization and
Reconstruction Studies at the Naval Postgraduate School and
the Interagency Training, Education, and After Action Review
Program at the National Defense University.''.

SEC. 1606. AUTHORITIES RELATED TO PERSONNEL.

(a) Extension of Certain Foreign Service Benefits.--The
Secretary, or the head of any agency with respect to
personnel of that agency, may extend to any individuals
assigned, detailed, or deployed to carry out reconstruction
and stabilization activities pursuant to section 62 of the
State Department Basic Authorities Act of 1956 (as added by
section 1605 of this title), the benefits or privileges set
forth in sections 413, 704, and 901 of the Foreign Service
Act of 1980 (22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C.
4081) to the same extent and manner that such benefits and
privileges are extended to members of the Foreign Service.
(b) Authority Regarding Details.--The Secretary is
authorized to accept details or assignments of any personnel,
and any employee of a State or local government, on a
reimbursable or nonreimbursable basis for the purpose of
carrying out this title, and the head of any agency is
authorized to detail or assign personnel of such agency on a
reimbursable or nonreimbursable basis to the Department of
State for purposes of section 62 of the State Department
Basic Authorities Act of 1956, as added by section 1605 of
this title.

SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY.

(a) In General.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall develop an interagency
strategy to respond to reconstruction and stabilization
operations.
(b) Contents.--The strategy required under subsection (a)
shall include the following:
(1) Identification of and efforts to improve the skills
sets needed to respond to and support reconstruction and
stabilization operations in countries or regions that are at
risk of, in, or are in transition from, conflict or civil
strife.
(2) Identification of specific agencies that can adequately
satisfy the skills sets referred to in paragraph (1).
(3) Efforts to increase training of Federal civilian
personnel to carry out reconstruction and stabilization
activities.
(4) Efforts to develop a database of proven and best
practices based on previous reconstruction and stabilization
operations.
(5) A plan to coordinate the activities of agencies
involved in reconstruction and stabilization operations.

SEC. 1608. ANNUAL REPORTS TO CONGRESS.

Not later than 180 days after the date of the enactment of
this Act and annually for each of the five years thereafter,
the Secretary of State shall submit to the appropriate
congressional committees a report on the implementation of
this title. The report shall include detailed information on
the following:
(1) Any steps taken to establish a Response Readiness Corps
and a Civilian Reserve Corps, pursuant to section 62 of the
State Department Basic Authorities Act of 1956 (as added by
section 1605 of this title).
(2) The structure, operations, and cost of the Response
Readiness Corps and the Civilian Reserve Corps, if
established.
(3) How the Response Readiness Corps and the Civilian
Reserve Corps coordinate, interact, and work with other
United States foreign assistance programs.
(4) An assessment of the impact that deployment of the
Civilian Reserve Corps, if any, has had on the capacity and
readiness of any domestic agencies or State and local
governments from which Civilian Reserve Corps personnel are
drawn.
(5) The reconstruction and stabilization strategy required
by section 1607 and any annual updates to that strategy.
(6) Recommendations to improve implementation of subsection
(b) of section 62 of the State Department Basic Authorities
Act of 1956, including measures to enhance the recruitment
and retention of an effective Civilian Reserve Corps.
(7) A description of anticipated costs associated with the
development, annual sustainment, and deployment of the
Civilian Reserve Corps.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2009''.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on
the later of--
(1) October 1, 2011; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2012.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2011; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2012 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.

SEC. 2003. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX
shall take effect on the later of--
(1) October 1, 2008; or
(2) the date of the enactment of this Act.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

[[Page 20898]]

Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.................................... Anniston Army Depot............................. $46,400,000
Fort Rucker..................................... $6,800,000
Redstone Arsenal................................ $16,500,000
Alaska..................................... Fort Richardson................................. $18,100,000
Fort Wainwright................................. $110,400,000
Arizona.................................... Fort Huachuca................................... $13,200,000
Yuma Proving Ground............................. $3,800,000
California................................. Fort Irwin...................................... $39,600,000
Presidio, Monterey.............................. $15,000,000
Sierra Army Depot............................... $12,400,000
Colorado................................... Fort Carson..................................... $534,000,000
Georgia.................................... Fort Benning.................................... $267,800,000
Fort Stewart/Hunter Army Air Field.............. $432,300,000
Hawaii..................................... Pohakuloa Training Area......................... $30,000,000
Schofield Barracks.............................. $279,000,000
Wahiawa......................................... $40,000,000
Indiana.................................... Crane Army Ammunition Activity.................. $8,300,000
Kansas..................................... Fort Leavenworth................................ $4,200,000
Fort Riley...................................... $158,000,000
Kentucky................................... Fort Campbell................................... $118,113,000
Louisiana.................................. Fort Polk....................................... $29,000,000
Michigan................................... Detroit Arsenal................................. $6,100,000
Missouri................................... Fort Leonard Wood............................... $42,550,000
New Jersey................................. Picatinny Arsenal............................... $9,900,000
New York................................... Fort Drum....................................... $96,900,000
United States Military Academy.................. $67,000,000
North Carolina............................. Fort Bragg...................................... $58,400,000
Oklahoma................................... Fort Sill....................................... $63,000,000
McAlester Army Ammunition Plant................. $5,800,000
Pennsylvania............................... Carlisle Barracks............................... $13,400,000
Letterkenny Army Depot.......................... $7,500,000
Tobyhanna Army Depot............................ $15,000,000
South Carolina............................. Fort Jackson.................................... $30,000,000
Texas...................................... Camp Bullis..................................... $4,200,000
Corpus Christi Army Depot....................... $39,000,000
Fort Bliss...................................... $1,044,300,000
Fort Hood....................................... $49,500,000
Fort Sam Houston................................ $96,000,000
Red River Army Depot............................ $6,900,000
Virginia................................... Fort Belvoir.................................... $7,200,000
Fort Eustis..................................... $31,900,000
Fort Lee........................................ $100,600,000
Fort Myer....................................... $14,000,000
Washington................................. Fort Lewis...................................... $158,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................ Bagram Air Base................................. $67,000,000
Germany.................................... Katterbach...................................... $19,000,000
Wiesbaden Air Base.............................. $119,000,000
Japan...................................... Camp Zama....................................... $2,350,000
Sagamihara...................................... $17,500,000
Korea...................................... Camp Humphreys.................................. $20,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Wiesbaden Air Base........ 326...................... $133,000,000
Korea................................. Camp Humphreys............ 216...................... $125,000,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $579,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $420,001,000.

[[Page 20899]]

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2008, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $5,973,388,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $4,010,063,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $185,350,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For host nation support and architectural and
engineering services and construction design under section
2807 of title 10, United States Code, $178,685,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$646,580,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $716,110,000.
(6) For the construction of increment 3 of a barracks
complex at Fort Lewis, Washington, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2445), as amended by section 20814 of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289), as added by section 2 of the Revised Continuing
Resolution, 2007 (Public Law 110-5; 121 Stat 41),
$102,000,000.
(7) For the construction of increment 2 of the United
States Southern Command Headquarters at Miami Doral, Florida,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 504), $81,600,000.
(8) For the construction of increment 2 of the brigade
complex operations support facility at Vicenza, Italy,
authorized by section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 505), $15,000,000.
(9) For the construction of increment 2 of the brigade
complex barracks and community support facility at Vicenza,
Italy, authorized by section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 505), $15,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $60,000,000 (the balance of the amount authorized under
section 2101(a) for barracks and a dining facility at Fort
Carson, Colorado).
(3) $80,000,000 (the balance of the amount authorized under
section 2101(a) for barracks and a dining facility at Fort
Stewart, Georgia).
(4) $59,500,000 (the balance of the amount authorized under
section 2101(b) for the construction of a headquarters
element in Wiesbaden, Germany).
(5) $101,000,000 (the balance of the amount authorized
under section 2102(a) for family housing at Wiesbaden,
Germany).

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2008 PROJECTS.

(a) Inside the United States Projects.--The table in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181;
122 Stat. 504) is amended--
(1) in the item relating to Hawthorne Army Ammunition
Plant, Nevada, by striking ``$11,800,000'' in the amount
column and inserting ``$7,300,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$311,200,000'' in the amount column and inserting
``$304,600,000''; and
(3) in the item relating to Fort Bliss, Texas, by striking
``$118,400,000'' in the amount column and inserting
``$111,900,000''.
(b) Conforming Amendments.--Section 2104(a) of that Act
(122 Stat. 506) is amended--
(1) in the matter preceding paragraph (1), by striking
``$5,106,703,000'' and inserting ``$5,089,103,000''; and
(2) in paragraph (1), by striking ``$3,198,150,000'' and
inserting ``$3,180,550,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2007 PROJECTS.

(a) Inside the United States Projects.--The table in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2445), as amended by section 20814 of the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289) and section 2105(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 507), is further amended
in the item relating to Fort Bragg, North Carolina, by
striking ``$96,900,000'' in the amount column and inserting
``$75,900,000''.
(b) Outside the United States Projects.--The table in
section 2101(b) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2446), as amended by section 2106(a) of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 508), is further
amended in the item relating to Vicenza, Italy, by striking
``$223,000,000'' in the amount column and inserting
``$208,280,000''.
(c) Conforming Amendments.--Section 2104(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2447), as amended by
section 2105(b) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181;
122 Stat. 508), is further amended--
(1) in the matter preceding paragraph (1), by striking
``$3,275,700,000'' and inserting ``$3,239,980,000'';
(2) in paragraph (1), by striking ``$1,119,450,000'' and
inserting ``$1,098,450,000''; and
(3) in paragraph (2), by striking ``$510,582,00'' and
inserting ``$495,862,000''.

SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2006 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501), the
authorizations set forth in the table in subsection (b), as
provided in section 2101 of that Act (119 Stat. 3485), shall
remain in effect until October 1, 2009, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii............................ Pohakuloa........... Tactical Vehicle Wash $9,207,000
Facility.
Battle Area Complex.......... $33,660,000
Virginia.......................... Fort Belvoir........ Defense Access Road.......... $18,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2005 PROJECT.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2116), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act (118 Stat. 2101) and
extended by section 2108 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 508), shall remain in effect until
October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii.............................. Schofield Barracks.... Training Facility.............. $35,542,000
----------------------------------------------------------------------------------------------------------------

[[Page 20900]]

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona.................................... Marine Corps Air Station, Yuma.................. $19,490,000
California................................. Marine Corps Logistics Base, Barstow............ $7,830,000
Marine Corps Base, Camp Pendleton............... $799,870,000
Naval Air Facility, El Centro................... $8,900,000
Marine Corps Air Station, Miramar............... $48,770,000
Naval Post Graduate School, Monterey............ $9,900,000
Naval Air Station, North Island................. $60,152,000
Naval Facility, San Clemente Island............. $34,020,000
Marine Corps Recruit Depot, San Diego........... $51,220,000
Marine Corps Base, Twentynine Palms............. $155,310,000
Connecticut................................ Naval Submarine Base, Groton.................... $46,060,000
Naval Submarine Base, New London................ $11,000,000
District of Columbia....................... Naval Support Activity, Washington.............. $24,220,000
Florida.................................... Naval Air Station, Jacksonville................. $12,890,000
Naval Station, Mayport.......................... $18,280,000
Naval Support Activity, Tampa................... $29,000,000
Georgia.................................... Marine Corps Logistics Base, Albany............. $15,320,000
Naval Submarine Base, Kings Bay................. $6,130,000
Hawaii..................................... Pacific Missile Range, Barking Sands............ $28,900,000
Marine Corps Base, Kaneohe...................... $28,200,000
Naval Station, Pearl Harbor..................... $80,290,000
Illinois................................... Recruit Training Command, Great Lakes........... $62,940,000
Maine...................................... Portsmouth Naval Shipyard....................... $30,640,000
Maryland................................... Naval Surface Warfare Center, Carderock......... $6,980,000
Naval Surface Warfare Center, Indian Head....... $25,980,000
Mississippi................................ Naval Construction Battalion Center, Gulfport... $12,770,000
Naval Air Station, Meridian..................... $6,340,000
New Jersey................................. Naval Air Warfare Center, Lakehurst............. $15,440,000
Naval Weapons Station, Earle.................... $8,160,000
North Carolina............................. Marine Corps Base, Camp Lejeune................. $353,090,000
Marine Corps Air Station, Cherry Point.......... $77,420,000
Marine Corps Air Station, New River............. $86,280,000
Pennsylvania............................... Naval Support Activity, Philadelphia............ $22,020,000
Rhode Island............................... Naval Station, Newport.......................... $39,800,000
South Carolina............................. Marine Corps Air Station, Beaufort.............. $5,940,000
Marine Corps Recruit Depot, Parris Island....... $64,750,000
Texas...................................... Naval Air Station, Corpus Christi............... $3,500,000
Naval Air Station, Kingsville................... $11,580,000
Virginia................................... Naval Station, Norfolk.......................... $73,280,000
Marine Corps Base, Quantico..................... $150,290,000
Washington................................. Naval Base, Kitsap.............................. $5,110,000
Naval Air Station Whidbey Island................ $6,160,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installation or location outside the United States, and in
the amounts, set forth in the following table:

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba........................................ Naval Air Station, Guantanamo Bay................ $20,600,000
Diego Garcia................................ Diego Garcia..................................... $35,060,000
Djibouti.................................... Camp Lemonier.................................... $31,410,000
Guam........................................ Naval Activities, Guam........................... $88,430,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2204(3), the Secretary of the Navy may acquire real property
and carry out military construction projects for unspecified
installations or locations in the amounts set forth in the
following table:

Navy: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified....................... Unspecified Worldwide............................ $101,020,000
----------------------------------------------------------------------------------------------------------------

[[Page 20901]]

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amount set
forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay......................... Naval Air Station, 146...................... $59,943,000
Guantanamo Bay.
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(6)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $2,169,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(6)(A), the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $318,011,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for military
construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount
of $4,046,354,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $2,564,312,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $175,500,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2201(c),
$101,020,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,670,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $246,528,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$380,123,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $376,062,000.
(7) For the construction of increment 2 of the wharf
extension at Naval Forces Marianas Islands, Guam, authorized
by section 2201(b) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181;
122 Stat. 510), $50,912,000.
(8) For the construction of increment 2 of the submarine
drive-in magnetic silencing facility at Naval Submarine Base,
Pearl Harbor, Hawaii, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 510),
$41,088,000.
(9) For the construction of increment 3 of the National
Maritime Intelligence Center, Suitland, Maryland, authorized
by section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364;
120 Stat. 2448), $12,439,000.
(10) For the construction of increment 2 of hangar 5
recapitalizations at Naval Air Station, Whidbey Island,
Washington, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2448), $34,000,000.
(11) For the construction of increment 5 of the limited
area production and storage complex at Naval Submarine Base,
Kitsap, Bangor, Washington (formerly referred to as a project
at the Strategic Weapons Facility Pacific, Bangor),
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2106), as amended by section 2206 of
the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public law 109-163; 119 Stat. 3493) and
section 2206 of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 514) $50,700,000.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECT.

The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2105), as amended by section 2206 of
the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109-163; 119 Stat. 3493) and
section 2206 of the Military Construction Authorization Act
for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 514), is further amended--
(1) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ``$295,000,000'' in
the amount column and inserting ``$311,670,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,084,497,000''.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2007 PROJECTS.

(a) Modifications.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2448), as
amended by section 2205(a)(17) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 513), is further amended--
(1) in the item relating to NMIC/Naval Support Activity,
Suitland, Maryland, by striking ``$67,939,000'' in the amount
column and inserting ``$76,288,000''; and
(2) in the item relating to Naval Air Station, Whidbey
Island, Washington, by striking ``$57,653,000'' in the amount
column and inserting ``$60,500,000''.
(b) Conforming Amendments.--Section 2204(b) of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2452) is amended--
(1) in paragraph (2), by striking ``$56,159,000'' and
inserting ``$64,508,000''; and
(2) in paragraph (3), by striking ``$31,153,000'' and
inserting ``$34,000,000''.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.................................... Maxwell Air Force Base.......................... $15,556,000
Alaska..................................... Elmendorf Air Force Base........................ $138,300,000
Arizona.................................... Davis Monthan Air Force Base.................... $15,000,000
California................................. Edwards Air Force Base.......................... $9,100,000
Travis Air Force Base........................... $12,100,000
Colorado................................... Peterson Air Force Base......................... $4,900,000
United States Air Force Academy................. $18,000,000
Delaware................................... Dover Air Force Base............................ $19,000,000
Florida.................................... Cape Canaveral Air Station...................... $8,000,000
Eglin Air Force Base............................ $19,000,000
MacDill Air Force Base.......................... $26,000,000
Tyndall Air Force Base.......................... $11,600,000

[[Page 20902]]

Georgia.................................... Robins Air Force Base........................... $29,350,000
Kansas..................................... McConnell Air Force Base........................ $6,800,000
Louisiana.................................. Barksdale Air Force Base........................ $14,600,000
Maryland................................... Andrews Air Force Base.......................... $77,648,000
Mississippi................................ Columbus Air Force Base......................... $8,100,000
Keesler Air Force Base.......................... $6,600,000
Missouri................................... Whiteman Air Force Base......................... $4,200,000
Montana.................................... Malmstrom Air Force Base........................ $10,000,000
Nevada..................................... Creech Air Force Base........................... $48,500,000
Nellis Air Force Base........................... $63,100,000
New Jersey................................. McGuire Air Force Base.......................... $7,200,000
New Mexico................................ Holloman Air Force Base......................... $25,450,000
North Carolina............................. Seymour Johnson Air Force Base.................. $12,200,000
North Dakota............................... Grand Forks Air Force Base...................... $13,000,000
Ohio....................................... Wright Patterson Air Force Base................. $14,000,000
Oklahoma................................... Altus Air Force Base............................ $10,200,000
Tinker Air Force Base........................... $54,000,000
South Carolina............................. Charleston Air Force Base...................... $4,500,000
Shaw Air Force Base............................. $9,900,000
South Dakota............................... Ellsworth Air Force Base........................ $11,000,000
Texas...................................... Dyess Air Force Base............................ $21,000,000
Fort Hood....................................... $10,800,000
Lackland Air Force Base......................... $75,515,000
Utah....................................... Hill Air Force Base............................. $41,400,000
Washington................................. McChord Air Force Base.......................... $5,500,000
Wyoming.................................... Francis E. Warren Air Force Base................ $8,600,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................ Bagram Airfield................................ $57,200,000
Guam....................................... Andersen Air Force Base......................... $10,600,000
Kyrgyzstan................................. Manas Air Base.................................. $6,000,000
United Kingdom............................. Royal Air Force Lakenheath...................... $7,400,000
----------------------------------------------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using the amounts appropriated
pursuant to the authorization of appropriations in section
2304(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amounts set
forth in the following table:

Air Force: Unspecified Worldwide
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified...................... Unspecified Worldwide Locations................. $38,391,000
----------------------------------------------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:

Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom....................... Royal Air Force Lakenheath.. 182 Units............... $71,828,000
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $7,708,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(6)(A), the Secretary of the
Air Force may improve existing military family housing units
in an amount not to exceed $316,343,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

[[Page 20903]]

(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $594,465,000.

SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2006 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501),
authorizations set forth in the tables in subsection (b), as
provided in section 2302 of that Act, shall remain in effect
until October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Air Force: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Eielson Air Force Base..... Replace Family Housing $37,650,000
(92 units).............
Purchase Build/Lease $18,144,000
Housing (300 units)....
California............................ Edwards Air Force Base..... Replace Family Housing $59,699,000
(226 units)............
Florida............................... MacDill Air Force Base..... Replace Family Housing $40,982,000
(109 units)............
Missouri.............................. Whiteman Air Force Base.... Replace Family Housing $26,917,000
(111 units)............
North Carolina........................ Seymour Johnson Air Force Replace Family Housing $48,868,000
Base...................... (255 units)............
North Dakota.......................... Grand Forks Air Force Base. Replace Family Housing $43,353,000
(150 units)............
----------------------------------------------------------------------------------------------------------------

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2005 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2116),
authorizations set forth in the table in subsection (b), as
provided in sections 2301 and 2302 of that Act and extended
by section 2307 of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181;
122 Stat. 519), shall remain in effect until October 1, 2009,
or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2010, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Air Force: Extension of 2005 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................. Davis-Monthan Air Replace Family Housing (250 $48,500,000
Force Base........... units)........................
California.......................... Vandenberg Air Force Replace Family Housing (120 $30,906,000
Base................. units)........................
Florida............................. MacDill Air Force Base Construct Housing Maintenance $1,250,000
Facility......................
Missouri............................ Whiteman Air Force Replace Family Housing (160 $37,087,000
Base................. units)........................
North Carolina...................... Seymour Johnson Air Replace Family Housing (167 $32,693,000
Force Base........... units)........................
Germany............................. Ramstein Air Base..... USAFE Theater Aerospace $24,204,000
Operations Support Center.....
----------------------------------------------------------------------------------------------------------------

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Subtitle B--Chemical Demilitarization Authorizations

Subtitle A--Defense Agency Authorizations

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following tables:

Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Kentucky................................... Fort Campbell................................... $21,400,000
North Carolina............................. Fort Bragg...................................... $78,471,000
----------------------------------------------------------------------------------------------------------------

Defense Intelligence Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Illinois................................... Scott Air Force Base............................ $13,977,000
----------------------------------------------------------------------------------------------------------------

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................. Defense Distribution Depot, Tracy............... $50,300,000
Delaware................................... Defense Fuel Supply Center, Dover Air Force Base $3,373,000
Florida.................................... Defense Fuel Support Point, Jacksonville........ $34,000,000
Georgia.................................... Hunter Army Air Field........................... $3,500,000
Hawaii..................................... Pearl Harbor.................................... $27,700,000
New Mexico................................. Kirtland Air Force Base......................... $14,400,000

[[Page 20904]]

Oklahoma................................... Altus Air Force Base............................ $2,850,000
Pennsylvania............................... Philadelphia.................................... $1,200,000
Utah....................................... Hill Air Force Base............................. $20,400,000
Virginia................................... Craney Island................................... $39,900,000
----------------------------------------------------------------------------------------------------------------

National Security Agency
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland................................... Fort Meade...................................... $31,000,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................. Naval Amphibious Base, Coronado................. $9,800,000
Florida.................................... Eglin Air Force Base............................ $40,000,00
Hurlburt Field.................................. $8,900,000
MacDill Air Force Base.......................... $10,500,000
Kentucky................................... Fort Campbell................................... $15,000,000
New Mexico................................. Cannon Air Force Base........................... $26,400,000
North Carolina............................. Fort Bragg...................................... $38,250,000
Virginia................................... Fort Story...................................... $11,600,000
Washington................................. Fort Lewis...................................... $38,000,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................... Fort Richardson................................. $6,300,000
Colorado................................... Buckley Air Force Base.......................... $3,000,000
Georgia.................................... Fort Benning.................................... $3,900,000
Kentucky................................... Fort Campbell................................... $24,000,000
Maryland................................... Aberdeen Proving Ground......................... $430,000,000
Missouri................................... Fort Leonard Wood............................... $22,000,000
Oklahoma................................... Tinker Air Force Base........................... $65,000,000
Texas...................................... Fort Sam Houston................................ $13,000,000
----------------------------------------------------------------------------------------------------------------

Washington Headquarters Services
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Virginia................................... Pentagon Reservation............................ $38,940,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:

Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany.................................... Germersheim..................................... $48,000,000
Greece..................................... Souda Bay....................................... $8,000,000
----------------------------------------------------------------------------------------------------------------

Missile Defense Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Czech Republic............................... Various Locations............................. $176,100,000
Poland....................................... Various Locations............................. $661,380,000
----------------------------------------------------------------------------------------------------------------

Special Operations Command
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Qatar........................................ Al Udeid...................................... $9,200,000
----------------------------------------------------------------------------------------------------------------

TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam......................................... Naval Activities.............................. $30,000,000
----------------------------------------------------------------------------------------------------------------

[[Page 20905]]

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a)(6), the Secretary of
Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, in the amount of
$90,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2008, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments) in the total
amount of $1,639,050,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $740,811,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $246,360,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$28,853,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $5,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $133,225,000.
(6) For energy conservation projects authorized by section
2402 of this Act, $90,000,000.
(7) For support of military family housing, including
functions described in section 2833 of title 10, United
States Code, and credits to the Department of Defense Family
Housing Improvement Fund under section 2883 of title 10,
United States Code, and the Homeowners Assistance Fund
established under section 1013 of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374),
$54,581,000.
(8) For the construction of increment 4 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3497), as amended by section 7016 of the Emergency
Supplemental Appropriation Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 485), $100,220,000.
(9) For the construction of increment 2 of the Army Medical
Research Institute of Infectious Diseases Stage 1 at Fort
Detrick, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$209,000,000.
(10) For the construction of increment 2 of the special
operations forces operational facility at Dam Neck, Virginia,
authorized by section 2401(a) of the Military Construction
Authorization Act of Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 521), $31,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $402,000,000 (the balance of the amount authorized for
the TRICARE Management Activity under section 2401(a) for the
construction of the United States Army Medical Research
Institute of Infectious Diseases at Aberdeen Proving Ground,
Maryland).
(3) $618,780,000 (the balance of the amount authorized for
the Missile Defense Command under section 2401(b) for the
construction of the Ballistic Missile Defense, European
Interceptor Site).
(4) $67,540,000 (the balance of the amount authorized for
the Missile Defense Command under section 2401(b) for the
construction of the Ballistic Missile Defense, European Mid-
Course Radar Site).

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2007 PROJECT.

(a) Modification.--The table relating to the TRICARE
Management Activity in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2007 (division
B of Public Law 109-364; 120 Stat. 2457) is amended in the
item relating to Fort Detrick, Maryland, by striking
``$550,000,000'' in the amount column and inserting
``$683,000,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of that Act
(120 Stat. 2461) is amended by striking ``$521,000,000'' and
inserting ``$654,000,000''.

SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECTS.

(a) Modification.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2112) is
amended--
(1) by striking the item relating to Defense Fuel Support
Point, Naval Air Station, Oceana, Virginia; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$485,193,000''.
(b) Conforming Amendments.--Section 2404(a) of that Act
(118 Stat. 2113) is amended--
(1) in the matter preceding paragraph (1), by striking
``$1,055,663,000'' and inserting ``$1,052,074,000''; and
(2) in paragraph (1), by striking ``$411,782,000'' and
inserting ``$408,193,000''.

SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2006 PROJECT.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501),
authorizations set forth in the tables in subsection (b), as
provided in section 2401 of that Act, shall remain in effect
until October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Defense Logistics Agency: Extension of 2006 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency..................... Defense Distribution Depot Susquehanna, New $6,500,000
Cumberland, Pennsylvania.
----------------------------------------------------------------------------------------------------------------

Subtitle B--Chemical Demilitarization Authorizations

SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM
CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2412(1), the Secretary of Defense
may acquire real property and carry out military construction
projects for the installations or locations inside the United
States, and in the amounts, set forth in the following table:

Chemical Demilitarization Program: Inside the United States
----------------------------------------------------------------------------------------------------------------
Army Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Army....................................... Blue Grass Army Depot, Kentucky................. $12,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for military
construction and land acquisition for chemical
demilitarization in the total amount of $144,278,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2411(a), $12,000,000.
(2) For the construction of phase 10 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839) and section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), $65,060,000.
(3) For the construction of phase 9 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298) and
section 2405 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107-314; 116
Stat. 2698), $67,218,000.

[[Page 20906]]

SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1997 PROJECT.

(a) Modifications.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as
amended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 839) and section 2407 of the Military
Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107-314; 116 Stat. 2699), is amended--
(1) under the agency heading relating to the Chemical
Demilitarization Program, in the item relating to Pueblo Army
Depot, Colorado, by striking ``$261,000,000'' in the amount
column and inserting ``$484,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$830,454,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of the
Military Construction Authorization Act for Fiscal Year 1997
(110 Stat. 2779), as so amended, is further amended by
striking ``$261,000,000'' and inserting ``$484,000,000''.

SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2000 PROJECT.

(a) Modifications.--The table in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 835), as amended
by section 2405 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1298) and section 2405 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), is amended--
(1) under the agency heading relating to Chemical
Demilitarization, in the item relating to Blue Grass Army
Depot, Kentucky, by striking ``$290,325,000'' in the amount
column and inserting ``$492,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$949,920,000''.
(b) Conforming Amendment.--Section 2405(b)(3) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 839), as amended
by section 2405 of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107-107;
115 Stat. 1298) and section 2405 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), is further amended by striking
``$267,525,000'' and inserting ``$469,200,000''.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501, in
the amount of $230,867,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(A), the Secretary of the
Army may acquire real property and carry out military
construction projects for the Army National Guard locations,
and in the amounts, set forth in the following table:

Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort McClellan................................ $3,000,000
Alaska....................................... Bethel Armory................................. $16,000,000
Arizona...................................... Camp Navajo................................... $13,000,000
Florence...................................... $13,800,000
Papago Military Reservation................... $24,000,000
Arkansas..................................... Cabot......................................... $10,868,000
Colorado..................................... Denver........................................ $9,000,000
Grand Junction................................ $9,000,000
Connecticut.................................. Camp Rell..................................... $28,000,000
East Haven.................................... $13,800,000
Delaware..................................... New Castle.................................... $28,000,000
Florida...................................... Camp Blanding................................. $33,307,000
Georgia...................................... Dobbins Air Reserve Base...................... $45,000,000
Idaho........................................ Orchard Training Area......................... $1,850,000
Illinois..................................... Urbana Armory................................. $16,186,000
Indiana...................................... Camp Atterbury................................ $5,800,000
Lawrence...................................... $21,000,000
Muscatatuck................................... $6,000,000
Iowa......................................... Camp Dodge.................................... $1,500,000
Davenport..................................... $1,550,000
Mount Pleasant................................ $1,500,000
Kentucky..................................... London........................................ $7,191,000
Maine........................................ Bangor........................................ $20,000,000
Maryland..................................... Edgewood...................................... $28,000,000
Salisbury..................................... $9,800,000
Massachusetts................................ Methuen....................................... $21,000,000
Michigan..................................... Camp Grayling................................. $22,943,000
Minnesota.................................... Arden Hills................................... $15,000,000
Nevada....................................... Elko.......................................... $11,375,000
New York..................................... Fort Drum..................................... $11,000,000
Queensbury.................................... $5,900,000
Ohio......................................... Camp Perry.................................... $2,000,000
Ravenna....................................... $2,000,000
Pennsylvania................................. Honesdale..................................... $6,117,000
Rhode Island................................. North Kingstown............................... $5,000,000
South Carolina............................... Anderson...................................... $12,000,000

[[Page 20907]]

Beaufort...................................... $3,400,000
Eastover...................................... $28,000,000
Hemingway..................................... $4,600,000
South Dakota................................. Camp Rapid.................................... $14,463,000
Rapid City.................................... $29,000,000
Tennessee.................................... Tullahoma..................................... $10,372,000
Utah......................................... Camp Williams................................. $17,500,000
Vermont...................................... Ethan Allen Firing Range...................... $10,200,000
Virginia..................................... Arlington..................................... $15,500,000
Fort Pickett.................................. $2,950,000
Washington................................... Fort Lewis (Gray Army Airfield)............... $32,000,000
West Virginia................................ Camp Dawson................................... $9,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(1)(B), the Secretary of the
Army may acquire real property and carry out military
construction projects for the Army Reserve locations, and in
the amounts, set forth in the following table:

Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Fort Hunter Liggett........................... $3,950,000
Hawaii Fort Shafter.................................. $19,199,000
Idaho........................................ Hayden Lake................................... $9,580,000
Kansas....................................... Dodge City.................................... $8,100,000
Maryland..................................... Baltimore..................................... $11,600,000
Massachusetts................................ Fort Devens................................... $1,900,000
Michigan..................................... Saginaw....................................... $11,500,000
Missouri..................................... Weldon Springs................................ $11,700,000
Nevada....................................... Las Vegas..................................... $33,900,000
New Jersey................................... Fort Dix...................................... $3,825,000
New York..................................... Kingston...................................... $13,494,000
Shoreham...................................... $15,031,000
Staten Island................................. $18,550,000
North Carolina............................... Raleigh....................................... $25,581,000
Pennsylvania................................. Letterkenny Army Depot........................ $14,914,000
Tennessee.................................... Chattanooga................................... $10,600,000
Texas........................................ Sinton........................................ $9,700,000
Washington................................... Seattle....................................... $37,500,000
Wisconsin.................................... Fort McCoy.................................... $4,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Navy
may acquire real property and carry out military construction
projects for the Navy Reserve and Marine Corps Reserve
locations, and in the amounts, set forth in the following
table:

Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Lemoore....................................... $15,420,000
Delaware..................................... Wilmington.................................... $11,530,000
Georgia...................................... Marietta...................................... $7,560,000
Virginia..................................... Norfolk....................................... $8,170,000
Williamsburg.................................. $12,320,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(A), the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations,
and in the amounts, set forth in the following table:

Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arkansas..................................... Little Rock Air Force Base.................... $4,000,000
Colorado..................................... Buckley Air Force Base........................ $4,200,000
Connecticut.................................. Bradley International Airport................. $7,200,000
Delaware..................................... New Castle County Airport..................... $14,800,000
Georgia...................................... Savannah Combat Readiness Training Center..... $7,500,000
Indiana...................................... Fort Wayne International Airport.............. $5,600,000
Iowa......................................... Fort Dodge.................................... $5,600,000
Kansas....................................... Smoky Hill Air National Guard Range........... $7,100,000
Maryland..................................... Martin State Airport.......................... $7,900,000
Massachusetts................................ Otis Air National Guard Base.................. $14,300,000
Minnesota.................................... Duluth 148th Fighter Wing Base................ $4,500,000
Minneapolis-St. Paul.......................... $1,500,000
Mississippi.................................. Gulfport-Biloxi International Airport......... $3,400,000
New Jersey................................... Atlantic City International Airport........... $8,400,000

[[Page 20908]]

New York..................................... Gabreski Airport, Westhampton................. $7,500,000
Hancock Field................................. $10,400,000
Ohio......................................... Springfield Air National Guard Base........... $12,800,000
Rhode Island................................. Quonset State Airport......................... $7,700,000
South Dakota................................. Joe Foss Field................................ $4,500,000
Tennessee.................................... Knoxville..................................... $8,000,000
Texas........................................ Ellington Field............................... $7,600,000
Fort Worth Naval Air Station Joint Reserve $5,000,000
Base.
Vermont...................................... Burlington International Airport.............. $6,600,000
Washington................................... McChord Air Force Base........................ $8,600,000
West Virginia................................ Yeager Airport, Charleston.................... $27,000,000
Wisconsin.................................... Truax Field................................... $6,300,000
Wyoming...................................... Cheyenne Municipal Airport.................... $7,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3)(B), the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the Air Force Reserve locations,
and in the amounts, set forth in the following table:

Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia...................................... Dobbins Air Reserve Base...................... $6,450,000
Oklahoma..................................... Tinker Air Force Base......................... $9,900,000
New York..................................... Niagara Falls Air Reserve Station............. $9,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), in the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$736,317,000; and
(B) for the Army Reserve, $282,607,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $57,045,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$242,924,000; and
(B) for the Air Force Reserve, $36,958,000.

SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2008 PROJECT.

The table in section 2601 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 527) is amended in the item relating
to North Kingstown, Rhode Island, by striking ``$33,000,000''
in the amount column and inserting ``$38,000,000''.

SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2006 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3501), the
authorizations set forth in the table in subsection (b), as
provided in section 2601 of that Act, shall remain in effect
until October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army National Guard: Extension of 2006 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.......................... Camp Roberts.......... Urban Assault Course........... $1,485,000
Idaho............................... Gowen Field........... Railhead, Phase 1.............. $8,331,000
Mississippi......................... Biloxi................ Readiness Center............... $16,987,000
Camp Shelby........... Modified Record Fire Range..... $2,970,000
Montana............................. Townsend.............. Automated Qualification $2,532,000
Training Range.
Pennsylvania........................ Philadelphia.......... Stryker Brigade Combat Team $11,806,000
Readiness Center.
Organizational Maintenance Shop $6,144,930
#7.
----------------------------------------------------------------------------------------------------------------

SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
2005 PROJECT.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2116), the
authorization set forth in the table in subsection (b), as
provided in section 2601 of that Act, shall remain in effect
until October 1, 2009, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2010, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Army National Guard: Extension of 2005 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.......................... Dublin................ Readiness Center, Add/Alt $11,318,000
(ADRS).
----------------------------------------------------------------------------------------------------------------

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

Subtitle B--Amendments to Base Closure and Related Laws

Sec. 2711. Modification of annual base closure and realignment
reporting requirements.

[[Page 20909]]

Sec. 2712. Technical corrections regarding authorized cost and scope of
work variations for military construction and military
family housing projects related to base closures and
realignments.

Subtitle C--Other Matters

Subtitle A--Authorizations

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
1990.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for base closure
and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 1990 established by section 2906 of such Act, in the
total amount of $458,377,000, as follows:
(1) For the Department of the Army, $87,855,000.
(2) For the Department of the Navy, $228,700,000.
(3) For the Department of the Air Force, $139,155,000.
(4) For the Defense Agencies, $2,667,000.

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may
carry out base closure and realignment activities, including
real property acquisition and military construction projects,
as authorized by the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of
Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $6,982,334,000.

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE
AND REALIGNMENT ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
2005.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2008, for base closure
and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 2005 established by section 2906A of such Act, in the
total amount of $9,065,386,000, as follows:
(1) For the Department of the Army, $4,486,178,000.
(2) For the Department of the Navy, $871,492,000.
(3) For the Department of the Air Force, $1,072,925,000.
(4) For the Defense Agencies, $2,634,791,000.

Subtitle B--Amendments to Base Closure and Related Laws

SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND
REALIGNMENT REPORTING REQUIREMENTS.

(a) Termination of Reporting Requirements After Fiscal Year
2014.--Section 2907 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) by striking ``As part of the budget request for fiscal
year 2007 and for each fiscal year thereafter'' and inserting
``(a) Reporting Requirement.--As part of the budget request
for fiscal year 2007 and for each fiscal year thereafter
through fiscal year 2016''; and
(2) by adding at the end the following new subsection:
``(b) Termination of Reporting Requirements Related to
Realignment Actions.--The reporting requirements under
subsection (a) shall terminate with respect to realignment
actions after the report submitted with the budget for fiscal
year 2014.''.
(b) Exclusion of Descriptions of Realignment Actions.--
Subsection (a) of such section, as designated and amended by
subsection (a)(1) of this section, is further amended--
(1) in paragraph (1), by striking ``and realignment'' both
places it appears;
(2) in paragraph (2), by striking ``and realignments''; and
(3) in paragraphs (3), (4), (5), (6), and (7), by striking
``or realignment'' each place it appears.

SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST
AND SCOPE OF WORK VARIATIONS FOR MILITARY
CONSTRUCTION AND MILITARY FAMILY HOUSING
PROJECTS RELATED TO BASE CLOSURES AND
REALIGNMENTS.

(a) Correction of Citation in Amendatory Language.--
(1) In general.--Section 2704(a) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 532) is amended--
(A) in subsection (a), by striking ``Section 2905A'' and
inserting ``Section 2906A''; and
(B) in subsection (b), by striking ``section 2905A'' and
inserting ``section 2906A''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on January 28, 2008, as if included in the
enactment of section 2704 of the Military Construction
Authorization Act for Fiscal Year 2008.
(b) Correction of Scope or Work Variation Limitation.--
Subsection (f) of section 2906A of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note), as added by section
2704(a) of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat.
532) and amended by subsection (a), is amended by striking
``20 percent or $2,000,000, whichever is greater'' and
inserting ``20 percent or $2,000,000, whichever is less''.

Subtitle C--Other Matters

SEC. 2721. INDEPENDENT DESIGN REVIEW OF NATIONAL NAVAL
MEDICAL CENTER AND MILITARY HOSPITAL AT FORT
BELVOIR.

(a) Findings.--Congress makes the following findings:
(1) Military personnel and their families, as well as
veterans and retired military personnel living in the
National Capital region, deserve to be treated in world class
medical facilities.
(2) World class medical facilities are defined as
incorporating the best practices of the premier private
health facilities in the country as well as the collaborative
input of military health care professionals into a design
that supports the unique needs of military personnel and
their families.
(3) The closure of the Walter Reed Army Medical Center in
Washington, D.C., and the resulting construction of the
National Military Medical Center at the National Naval
Medical Center, Bethesda, Maryland, and a new military
hospital at Fort Belvoir, Virginia, offer the Department of
Defense the opportunity to provide state-of-the-art and
world-class medical facilities offering the highest quality
of joint service care for members of the Armed Forces and
their families.
(4) Congress has supported a Department of Defense request
to expedite the construction of the new facilities at
Bethesda and Fort Belvoir in order to provide care in better
facilities as quickly as possible.
(5) The Department of Defense has a responsibility to
ensure that the expedited design and construction of such
facilities do not result in degradation of the quality
standards required for world class facilities.
(b) Independent Design Review.--
(1) Establishment of design review panel.--The Secretary of
Defense shall establish a panel consisting of medical
facility design experts, military healthcare professionals,
representatives of premier health care facilities in the
United States, and patient representatives--
(A) to review design plans for the National Military
Medical Center and the new military hospital at Fort Belvoir;
and
(B) to advise the Secretary regarding whether the design,
in the view of the panel, will achieve the goal of providing
world-class medical facilities; and
(2) Recommendations for changes to design plan.--If the
panel determines that the design plans will not meet such
goal, the panel shall make recommendations for changes to
those plans to ensure the construction of world-class medical
facilities.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the panel shall submit to the
Secretary of Defense a report on the findings and
recommendations of the panel to address any deficiencies in
the conceptual design plans.
(4) Assessment of recommendations.--Not later than 30 days
after submission of the report under paragraph (3), the
Secretary of Defense shall submit to the congressional
defense committees a report including--
(A) an assessment by the Secretary of the findings and
recommendations of the panel; and
(B) the plans of the Secretary for addressing such findings
and recommendations.
(c) Cost Estimate.--
(1) Preparation.--The Department of Defense shall prepare a
cost estimate of the total cost to be incurred by the United
States to close Walter Reed Army Medical Center, design and
construct replacement facilities at the National Naval
Medical Center and Fort Belvoir, and relocate operations to
the replacement facilities.
(2) Submission.--The Secretary of Defense shall submit the
resulting cost estimate to the congressional defense
committees as soon as possible, but in no case later than 120
days after the date of the enactment of this Act.
(d) Milestone Schedule.--
(1) Preparation.--The Secretary of Defense shall prepare a
complete milestone

[[Page 20910]]

schedule for the closure of Walter Reed Army Medical Center,
the design and construction of replacement facilities at the
National Naval Medical Center and Fort Belvoir, and the
relocation of operations to the replacement facilities. The
schedule shall include a detailed plan regarding how the
Department of Defense will carry out the transition of
operations between Walter Reed Army Medical Center and the
replacement facilities.
(2) Submission.--The Secretary of Defense shall submit the
resulting milestone schedule and transition plan to the
congressional defense committees as soon as possible, but in
no case later than 45 days after the date of the enactment of
this Act.

SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR
REFINERIES OR NUCLEAR POWER PLANTS.

Not later than October 1, 2009, the Secretary of Defense
shall submit to the congressional defense committees a report
evaluating the feasibility of using military installations
selected for closure under the base closure and realignment
process as locations for the construction of petroleum or
natural gas refineries or nuclear power plants.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Subtitle B--Real Property and Facilities Administration

Subtitle C--Provisions Related to Guam Realignment

Subtitle D--Energy Security

Sec. 2831. Certification of enhanced use leases for energy-related
projects.
Sec. 2832. Annual report on Department of Defense installations energy
management.

Subtitle E--Land Conveyances

Subtitle F--Other Matters

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN
IN DOCUMENTS SUBMITTED AS PART OF PROPOSED
MILITARY CONSTRUCTION PROJECTS.

(a) Definition of Life-Cycle Cost-Effective.--Subsection
(c) of section 2801 of title 10, United States Code, is
amended--
(1) by transferring paragraph (4) to appear as the first
paragraph in the subsection and redesignating such paragraph
as paragraph (1);
(2) by redesignating the subsequent three paragraphs as
paragraphs (2), (4), and (5), respectively; and
(3) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `life-cycle cost-effective', with respect to
a project, product, or measure, means that the sum of the
present values of investment costs, capital costs,
installation costs, energy costs, operating costs,
maintenance costs, and replacement costs, as estimated for
the lifetime of the project, product, or measure, does not
exceed the base case (current or standard) for the practice,
product, or measure.''.
(b) Inclusion.--Section 2802 of such title is amended by
adding at the end the following new subsection:
``(c) In determining the scope of a proposed military
construction project, the Secretary concerned shall submit to
the President such recommendations as the Secretary considers
to be appropriate regarding the incorporation and inclusion
of life-cycle cost-effective practices as an element in the
project documents submitted to Congress in connection with
the budget submitted pursuant to section 1105 of title 31 for
the fiscal year in which a contract is proposed to be awarded
for the project.''.

SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO
CERTAIN DOMESTIC ARMY FAMILY HOUSING LEASES TO
REFLECT PREVIOUSLY MADE ANNUAL ADJUSTMENTS IN
AMOUNT.

Section 2828(b)(7)(A) of title 10, United States Code, is
amended by striking ``$18,620 per unit'' and inserting
``$35,000 per unit''.

SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER
BUILD AND LEASE AUTHORITY TO HOUSE MEMBERS
WITHOUT DEPENDENTS.

(a) In General.--Subchapter II of chapter 169 of title 10,
United States Code, is amended by inserting after section
2835 the following new section:

``Sec. 2835a. Use of military family housing constructed
under build and lease authority to house other members

``(a) Individual Assignment of Members Without
Dependents.--(1) To the extent that the Secretary concerned
determines that military family housing constructed and
leased under section 2835 of this title is not needed to
house members of the armed forces eligible for assignment to
military family housing, the Secretary may assign, without
rental charge, members without dependents to the housing.
``(2) A member without dependents who is assigned to
housing pursuant to paragraph (1) shall be considered to be
assigned to quarters pursuant to section 403(e) of title 37.
``(b) Conversion to Long-Term Leasing of Military
Unaccompanied Housing.--(1) If the Secretary concerned
determines that military family housing constructed and
leased under section 2835 of this title is excess to the
long-term needs of the family housing program of the
Secretary, the Secretary may convert the lease contract
entered into under subsection (a) of such section into a
long-term lease of military unaccompanied housing.
``(2) The term of the lease contract for military
unaccompanied housing converted from military family housing
under paragraph (1) may not exceed the remaining term of the
lease contract for the family housing so converted.
``(c) Notice and Wait Requirements.--(1) The Secretary
concerned may not convert military family housing to military
unaccompanied housing under subsection (b) until--
``(A) the Secretary submits to the congressional defense
committees a notice of the intent to undertake the
conversion; and
``(B) a period of 21 days has expired following the date on
which the notice is received by the committees or, if
earlier, a period of 14 days has expired following the date
on which a copy of the notice is provided in an electronic
medium pursuant to section 480 of this title.
``(2) The notice required by paragraph (1) shall include--

[[Page 20911]]

``(A) an explanation of the reasons for the conversion of
the military family housing to military unaccompanied
housing;
``(B) a description of the long-term lease to be converted;
``(C) amounts to be paid under the lease; and
``(D) the expiration date of the lease.
``(d) Application to Housing Leased Under Former
Authority.--This section also shall apply to housing
initially acquired or constructed under the former section
2828(g) of this title (commonly known as the `Build to Lease
program'), as added by section 801 of the Military
Construction Authorization Act, 1984 (Public Law 98-115; 97
Stat 782).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2835 the following new item:

``2835a. Use of military family housing constructed under build and
lease authority to house other members.''.

SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF
DEFENSE.

(a) Leasing of Housing.--Subchapter II of chapter 169 of
title 10, United States Code, is amended by inserting after
section 2837 the following new section:

``Sec. 2838. Leasing of military family housing to Secretary
of Defense

``(a) Authority.--(1) The Secretary of a military
department may lease to the Secretary of Defense military
family housing in the National Capital Region (as defined in
section 2674(f) of this title).
``(2) In determining the military housing unit to lease
under this section, the Secretary of Defense should first
consider any available military housing units that are
already substantially equipped for executive communications
and security.
``(b) Rental Rate.--A lease under subsection (a) shall
provide for the payment by the Secretary of Defense of
consideration in an amount equal to 105 percent of the
monthly rate of basic allowance for housing prescribed under
section 403(b) of title 37 for a member of the uniformed
services in the pay grade of O-10 with dependents assigned to
duty at the military installation on which the leased housing
unit is located. A rate so established shall be considered
the fair market value of the lease interest.
``(c) Treatment of Proceeds.--(1) The Secretary of a
military department shall deposit all amounts received
pursuant to leases entered into by the Secretary under this
section into a special account in the Treasury established
for such military department.
``(2) The proceeds deposited into the special account of a
military department pursuant to paragraph (1) shall be
available to the Secretary of that military department,
without further appropriation, for the maintenance,
protection, alteration, repair, improvement, or restoration
of military housing on the military installation at which the
housing leased pursuant to subsection (a) is located.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``2838. Leasing of military family housing to Secretary of Defense.''.

SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY
HOUSING PRIVATIZATION INITIATIVE PROJECTS.

(a) Oversight and Accountability.--
(1) In general.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2885. Oversight and accountability for privatization
projects

``(a) Oversight and Accountability Measures.--Each
Secretary concerned shall prescribe regulations to
effectively oversee and manage military housing privatization
projects carried out under this subchapter. The regulations
shall include the following requirements for each
privatization project:
``(1) The installation asset manager shall conduct monthly
site visits and provide quarterly reports on the progress of
the construction or renovation of the housing units. The
reports shall be submitted quarterly to the assistant
secretary for installations and environment of the respective
military department.
``(2) The installation asset manager, and, as applicable,
the resident construction manager, privatization asset
manager, bondholder representative, project owner, developer,
general contractor, and construction consultant for the
project shall conduct meetings to ensure that the
construction or renovation of the units meets performance and
schedule requirements and that appropriate operating and
ground lease agreements are in place and adhered to.
``(3) If a project is 90 days or more behind schedule or
otherwise appears to be substantially failing to adhere to
the obligations or milestones under the contract, the
assistant secretary for installations and environment of the
respective military department shall submit a notice of
deficiency to the Deputy Under Secretary of Defense
(Installations and Environment), the Secretary concerned, the
managing member, and the trustee for the project.
``(4)(A) Not later than 15 days after the submittal of a
notice of deficiency under paragraph (3), the Secretary
concerned or designated representative shall submit to the
project owner, developer, or general contractor responsible
for the project a summary of deficiencies related to the
project.
``(B) If the project owner, developer, or general
contractor responsible for the privatization project is
unable, within 60 days after receiving a notice of deficiency
under subparagraph (A), to make progress on the issues
outlined in such notice, the Secretary concerned shall notify
the congressional defense committees of the status of the
project, and shall provide a recommended course of action to
correct the problems.
``(b) Required Qualifications.--The Secretary concerned or
designated representative shall ensure that the project
owner, developer, or general contractor that is selected for
each military housing privatization initiative project has
construction experience commensurate with that required to
complete the project.
``(c) Bonding Levels.--The Secretary concerned shall ensure
that the project owner, developer, or general contractor
responsible for a military housing privatization initiative
project has sufficient payment and performance bonds or
suitable instruments in place for each phase of a
construction or renovation portion of the project to ensure
successful completion of the work in amounts as agreed to in
the project's legal documents, but in no case less than 50
percent of the total value of the active phases of the
project, prior to the commencement of work for that phase.
``(d) Reporting of Efforts To Select Successor in Event of
Default.--In the event a military housing privatization
initiative project enters into default, the assistant
secretary for installations and environment of the respective
military department shall submit a report to the
congressional defense committees every 90 days detailing the
status of negotiations to award the project to a new project
owner, developer, or general contractor.
``(e) Effect of Notices of Deficiency on Contractors and
Affiliated Entities.--(1) The Secretary concerned shall keep
a record of all plans of action or notices of deficiency
issued to a project owner, developer, or general contractor
under subsection (a)(4), including the identity of each
parent, subsidiary, affiliate, or other controlling entity of
such owner, developer, or contractor.
``(2) Each military department shall consult all records
maintained under paragraph (1) when reviewing the past
performance of owners, developers, and contractors in the
bidding process for a contract or other agreement for a
military housing privatization initiative project.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:

``2885. Oversight and accountability for privatization projects.''.
(b) Report for Identifying and Communicating Best Practices
for Transactions.--Section 2884(b) of such title is amended
by adding at the end the following new paragraph:
``(7) A report on best practices for the execution of
housing privatization initiatives, including--
``(A) effective means to track and verify proper
performance, schedule, and cash flow;
``(B) means of overseeing the actions of bondholders to
properly monitor construction progress and construction
draws;
``(C) effective structuring of transactions to ensure the
United States Government has adequate abilities to oversee
project owner performance;
``(D) ensuring that notices to proceed on new work are not
issued until proper bonding is in place; and
``(E) such other topics that are identified as pertinent by
the Department of Defense.''.
(c) Partnership With Eligible Entity Required.--Section
2871(5) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``that
is prepared to enter into a contract as a partner with the
Secretary concerned for the construction of military housing
units and ancillary supporting facilities''.
(d) Competitive Process for Conveyance or Lease of
Property.--Section 2878 of such title is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Competitive Process.--The Secretary concerned shall
ensure that the time, method, and terms and conditions of the
reconveyance or lease of property or facilities under this
section from the eligible entity permit full and free
competition consistent with the value and nature of the
property or facilities involved.''.
(e) Treatment of Acquired or Constructed Housing Units.--
(1) Repeal of separate assignment authority.--Section 2882
of such title is amended to read as follows:

[[Page 20912]]

``Sec. 2882. Effect of assignment of members to housing units
acquired or constructed under alternative authority

``(a) Treatment as Quarters of the United States.--Except
as provided in subsection (b), housing units acquired or
constructed under this subchapter shall be considered as
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service for purposes of section
403 of title 37.
``(b) Availability of Basic Allowance for Housing.--A
member of the armed forces who is assigned to a housing unit
acquired or constructed under this subchapter that is not
owned or leased by the United States shall be entitled to a
basic allowance for housing under section 403 of title 37.
``(c) Lease Payments Through Pay Allotments.--The Secretary
concerned may require members of the armed forces who lease
housing in housing units acquired or constructed under this
subchapter to make lease payments for such housing pursuant
to allotments of the pay of such members under section 701 of
title 37.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of such title is
amended by striking the item relating to section 2882 and
inserting the following new item:

``2882. Effect of assignment of members to housing units acquired or
constructed under alternative authority.''.
(f) Annual Report on Maintenance and Repair to Privatized
General and Flag Officer Quarters.--Section 2884(b) of such
title, as amended by subsection (b), is further amended by
adding at the end the following new paragraph:
``(8) A report identifying each family housing unit
acquired or constructed under this subchapter that is used,
or intended to be used, as quarters for a general officer or
flag officer and for which the total operation, maintenance,
and repair costs for the unit exceeded $50,000. For each
housing unit so identified, the report shall also include the
total of such operation, maintenance, and repair costs.''.

SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS
FOR CONSTRUCTION PROJECTS INSIDE THE UNITED
STATES CENTRAL COMMAND AND UNITED STATES AFRICA
COMMAND AREAS OF RESPONSIBILITY.

(a) One-Year Extension of Authority.--Subsection (a) of
section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as amended by section 2810 of the Military
Construction Authorization Act for Fiscal Year 2005 (division
B of Public Law 108-375; 118 Stat. 2128), section 2809 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3508), section
2802 of the Military Construction Authorization Act for
Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat.
2466), and section 2801 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 538), is further amended--
(1) by striking ``2008'' and inserting ``2009''; and
(2) by striking ``outside the United States'' and inserting
``inside the United States Central Command and United States
Africa Command areas of responsibility''.
(b) Exception for Projects in Afghanistan From Limitation
on Authority Related to Long-Term United States Presence.--
Such subsection, as so amended, is further amended by
inserting before the period at the end of paragraph (2) the
following: ``, unless the military installation is located in
Afghanistan, for which projects using this authority may be
carried out at installations deemed as supporting a long-term
presence''.
(c) Modification of Annual Limitation on Use of
Authority.--Subsection (c) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723) is amended to read
as follows:
``(c) Annual Limitation on Use of Authority.--(1) The total
cost of the construction projects carried out under the
authority of this section using, in whole or in part,
appropriated funds available for operation and maintenance
shall not exceed $200,000,000 in a fiscal year.
``(2) If the Secretary of Defense certifies to the
congressional defense committees that additional construction
in Afghanistan is required to meet urgent military
requirements in Afghanistan, up to an additional $300,000,000
in funds available for operation and maintenance may be used
in Afghanistan upon completing the prenotification
requirements under subsection (b). Under no circumstances
shall the total appropriated funds available from operation
and maintenance for fiscal year 2009 exceed $500,000,000.''.
(d) Quarterly Reports.--Subsection (d)(1) of such section,
as amended by section 2810 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public
Law 108-375; 118 Stat. 2128) and section 2809 of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3508), is further amended
by striking ``30 days'' and inserting ``45 days''.

SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK
FAMILY HOUSING LLC.

Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Air Force shall submit to the
congressional defense committees a cost-benefit analysis of
dissolving Patrick Family Housing LLC without exercising the
full range of rights available to the United States
Government to recover damages from the partnership.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING
REQUIREMENTS FOR CERTAIN REAL PROPERTY
TRANSACTIONS.

Section 2662(c) of title 10, United States Code, is amended
by striking ``river and harbor projects or flood control
projects'' and inserting ``water resource development
projects of the Corps of Engineers''.

SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY
DEPARTMENTS AND DEFENSE AGENCIES.

(a) Consolidation of Separate Authorities.--
(1) Establishment of single authority.--Subsection (a) of
section 2667 of title 10, United States Code, is amended to
read as follows:
``(a) Lease Authority.--Whenever the Secretary concerned
considers it advantageous to the United States, the Secretary
concerned may lease to such lessee and upon such terms as the
Secretary concerned considers will promote the national
defense or to be in the public interest, real or personal
property that--
``(1) is under the control of the Secretary concerned;
``(2) is not for the time needed for public use; and
``(3) is not excess property, as defined by section 102 of
title 40.''.
(2) Secretary concerned defined.--Subsection (i) of such
section is amended by adding at the end the following new
paragraph:
``(4) The term `Secretary concerned' means--
``(A) the Secretary of a military department, with respect
to matters concerning that military department; and
``(B) the Secretary of Defense, with respect to matters
concerning the Defense Agencies.''.
(b) Prohibition on Leaseback With Excessive Annual
Payments.--Subsection (b) of such section is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) may not provide for a leaseback by the Secretary
concerned with an annual payment in excess of $500,000.''.
(c) Improved Congressional Notification Requirements.--
Paragraph (4) of subsection (c) of such section is amended to
read as follows:
``(4)(A) Not later than 30 days before issuing a contract
solicitation or other lease offering under this section for a
lease whose annual payment, including any in-kind
consideration to be accepted under subsection (b)(5) or this
subsection, will exceed $750,000, the Secretary concerned
shall submit to the congressional defense committees a report
containing--
``(i) a description of the proposed lease, including the
proposed duration of the lease;
``(ii) a description of the authorities to be used in
entering the lease and the intended participation of the
United States in the lease, including a justification of the
intended method of participation;
``(iii) a statement of the scored cost of the lease,
determined using the scoring criteria of the Office of
Management and Budget;
``(iv) a determination that the property involved in the
lease is not excess property, as required by subsection
(a)(3), including the basis for the determination;
``(v) a determination that the proposed lease is directly
compatible with the mission of the military installation or
Defense Agency whose property is to be subject to the lease
and the anticipated long-term use of the property at the
conclusion of the lease; and
``(vi) a description of the requirements or conditions
within the contract solicitation or other lease offering for
the offeror to address taxation issues, including payments-
in-lieu-of taxes, and other development issues related to
local municipalities.
``(B) In the case of a lease described in subparagraph (A),
the Secretary concerned also shall submit to the
congressional defense committees a report at least 30 days
before the date on which the Secretary concerned enters into
a lease the following information:
``(i) A copy of the report submitted under subparagraph
(A).
``(ii) A description of the differences between the report
submitted under that subparagraph and the new report.
``(iii) A description of the lessee payment required under
this section.''.
(d) Conforming Amendments to References to Military
Departments and Installations.--

[[Page 20913]]

(1) Community support facilities and community support
services.--Subsection (d) of such section is amended--
(A) in paragraph (2), by striking ``Secretary of a military
department'' and inserting ``Secretary concerned''; and
(B) in paragraphs (3), (4), and (6), by striking ``of the
military department'' each place it appears.
(2) Deposit and use of proceeds.--Subsection (e) of such
section is amended--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i)--

(I) by striking ``Secretary of a military department'' and
inserting ``Secretary concerned''; and
(II) by striking ``such military department'' and inserting
``that Secretary''; and

(ii) in clause (iii), by striking ``military department''
and inserting ``Secretary'';
(B) in paragraph (1)(B)(i), by striking ``Secretary of a
military department'' and inserting ``Secretary concerned'';
(C) in paragraph (1)(C), by striking ``of a military
department pursuant to subparagraph (A) shall be available to
the Secretary of that military department'' and inserting
``established for the Secretary concerned shall be available
to the Secretary'';
(D) in paragraph (1)(D)--
(i) by striking ``of a military department under
subparagraph (A)'' and inserting ``established for the
Secretary concerned''; and
(ii) by inserting ``or Defense Agency location'' after
``military installation'';
(E) in paragraph (1)(E), by striking ``installation'' and
inserting ``military installation or Defense Agency
location''; and
(F) in paragraph (3), by striking ``Secretary of a military
department'' and inserting ``Secretary concerned''.
(3) Base closure property.--Subsection (g)(1) of such
section is amended by striking ``Secretary of a military
department'' and inserting ``Secretary concerned''.
(e) Repeal of Separate Defense Agency Authority.--
(1) Repeal.--Section 2667a of such title is repealed.
(2) Effect on existing contracts.--The repeal of section
2667a of title 10, United States Code, shall not affect the
validity or terms of any lease with respect to property of a
Defense Agency entered into by the Secretary of Defense under
such section before the date of the enactment of this Act.
(3) Treatment of money rents.--Amounts in any special
account established for a Defense Agency pursuant to
subsection (d) of section 2667a of title 10, United States
Code, before repeal of such section by paragraph (1), and
amounts that would be deposited in such an account in
connection with a lease referred to in paragraph (2), shall--
(A) remain available until expended for the purposes
specified in such subsection, notwithstanding the repeal of
such section by paragraph (1); or
(B) to the extent provided in appropriations Acts, be
transferred to the special account required for the Secretary
of Defense by subsection (e) of section 2667 of such title,
as amended by subsection (d)(2) of this section.
(f) Clerical Amendments.--
(1) Section heading.--The heading of section 2667 of such
title is amended to read as follows:

``Sec. 2667. Leases: non-excess property of military
departments and Defense Agencies''.

(2) Table of sections.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
the items relating to sections 2667 and 2667a and inserting
the following new item:

``2667. Leases: non-excess property of military departments and
Defense Agencies.''.

SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE
AUTHORITY.

Section 2688 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Construction of Utility Infrastructure After
Conveyance of a Utility System.--(1) Upon conveyance of a
utility system, the Secretary of a military department may
convey additional utility infrastructure under the
jurisdiction of the Secretary on a military installation to a
utility or entity to which a utility system for the
installation has been conveyed under subsection (a) if the
Secretary determines that--
``(A) the additional utility infrastructure was constructed
or installed after the date of the conveyance of the utility
system;
``(B) the additional utility infrastructure cannot operate
without being a part of the conveyed utility system;
``(C) the additional utility infrastructure was planned and
coordinated with the entity operating the conveyed utility
system; and
``(D) the military department receives as consideration an
amount equal to the fair market value of the utility
infrastructure determined in the same manner as the
consideration the Secretary could require under subsection
(c) for a conveyance under subsection (a).
``(2) The conveyance under this paragraph may consist of
all right, title, and interest of the United States or such
lesser estate as the Secretary considers appropriate to serve
the interests of the United States.''.

SEC. 2814. DEFENSE ACCESS ROADS.

(a) Basis for Transportation Needs Assessment.--Section
210(a) of title 23, United States Code, is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) If it is determined that an action of the Department
of Defense will cause a significant transportation impact to
access to a military reservation, the Secretary of Defense
shall conduct a transportation needs assessment to assess the
magnitude of the improvement required to address the
impact.''.
(b) Report on Recently Identified Transportation Impacts.--
Not later than April 1, 2009, the Secretary of Defense shall
submit to the congressional defense committees and the
Committee on Transportation and Infrastructure of the House
of Representatives a report that details the significant
transportation impacts resulting from actions of the
Department of Defense since January 1, 2005. In the report,
the Secretary shall assess the funding requirements necessary
to address transportation needs resulting from these
significant transportation impacts.

SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND
ANTI-TERRORISM STANDARDS TO GATES AND ENTRY
POINTS ON MILITARY INSTALLATIONS.

(a) Report Required.--Not later than February 1, 2009, the
Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of
Department of Defense Anti-Terrorism/Force Protection
standards at gates and entry points of military
installations.
(b) Content.--The report required under subsection (a)
shall include the following:
(1) A description of the anti-terrorism/force protection
standards for gates and entry points.
(2) An assessment, by installation, of whether the gates
and entry points meet anti-terrorism/force protection
standards.
(3) An assessment of whether the standards are met with
either temporary or permanent measures, facilities, or
equipment.
(4) A description and cost estimate of each action to be
taken by the Secretary of Defense for each installation to
ensure compliance with Department of Defense Anti-Terrorism/
Force Protection standards using permanent measures and
construction methods.
(5) An investment plan to complete all action required to
ensure compliance with the standards described under
paragraph (1).

Subtitle C--Provisions Related to Guam Realignment

SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND
UTILITIES RELATED TO GUAM REALIGNMENT.

(a) Nature of Special Purpose Entities.--It is the sense of
Congress that any military family housing provided in
connection with the realignment of military installations and
the relocation of military personnel on Guam should--
(1) be operated, to the extent practicable, in the manner
provided for public-private ventures under subchapter IV of
chapter 169 of title 10, United States Code; and
(2) should be constructed in accordance with current
Department of Defense building standards.
(c) Utility Infrastructure Improvements.--It is the sense
of Congress that the proposed utility infrastructure
improvements on Guam should incorporate the civilian and
military infrastructure into a single grid to realize and
maximize the effectiveness of the overall utility system, if
appropriate cost sharing and quality standards are met.

SEC. 2822. FEDERAL ASSISTANCE TO GUAM.

(a) Sense of Congress.--It is the sense of Congress that
the Interagency Group on Insular Areas, in coordination with
the appropriate Federal agencies, should enter into a
memorandum of understanding with the Government of Guam to
identify, before the realignment of military installations
and the relocation of military personnel on Guam, local
funding requirements for civilian infrastructure development
and other needs related to the realignment and relocation.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall submit to the congressional defense committees a report
on the status of interagency coordination through the
Interagency Group on Insular Areas of budgetary requests to
assist the Government of Guam with its budgetary requirements
related to the realignment of military forces on Guam. The
report shall address to what extent and how the Interagency
Group on Insular Areas will be able to coordinate interagency
budgets so the realignment of military forces on Guam will
meet the 2014 completion date as stipulated in the May 2006
security agreement between the United States and Japan.
(c) Interagency Group on Insular Areas Defined.--In this
section, the term ``Interagency Group on Insular Areas''
means the interagency group established by Executive Order
No. 13299 of May 12, 2003 (68 Fed. Reg.

[[Page 20914]]

25477; 48 U.S.C. note prec. 1451). The term includes any sub-
group or working group of that interagency group.

SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS FOR MILITARY BASE REUSE STUDIES
AND COMMUNITY PLANNING ASSISTANCE.

(a) Inclusion in Definition of Military Installation.--
Section 2687(e)(1) of title 10, United States Code, is
amended by inserting after ``Virgin Islands,'' the following:
``the Commonwealth of the Northern Mariana Islands,''.
(b) Inclusion of Facilities Owned and Operated by
Commonwealth.--Section 2391(d)(1) of title 10, United States
Code, is amended by inserting after ``Guam,'' the following:
``the Commonwealth of the Northern Mariana Islands,''.

SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS
AND RELOCATION OF MILITARY PERSONNEL ON GUAM.

(a) Establishment of Account.--There is established on the
books of the Treasury an account to be known as the ``Support
for United States Relocation to Guam Account'' (in this
section referred to as the ``Account'').
(b) Credits to Account.--
(1) Amounts in fund.--There shall be credited to the
Account all contributions received during fiscal year 2009
and subsequent fiscal years under section 2350k of title 10,
United States Code, for the realignment of military
installations and the relocation of military personnel on
Guam.
(2) Notice of receipt of contributions.--The Secretary of
Defense shall submit to the congressional defense committees
written notice of the receipt of contributions referred to in
paragraph (1), including the amount of the contributions, not
later than 30 days after receiving the contributions.
(c) Use of Account.--
(1) Authorized uses.--Subject to paragraph (2), amounts in
the Account may be used as follows:
(A) To carry out or facilitate the carrying out of a
transaction authorized by this section in connection with the
realignment of military installations and the relocation of
military personnel on Guam, including military construction,
military family housing, unaccompanied housing, general
facilities constructions for military forces, and utilities
improvements.
(B) To carry out improvements of property or facilities on
Guam as part of such a transaction.
(C) To obtain property support services for property or
facilities on Guam resulting from such a transaction.
(D) To develop military facilities or training ranges in
the Commonwealth of the Northern Mariana Islands.
(2) Compliance with guam master plan.--Transactions
authorized by paragraph (1) shall be consistent with the Guam
Master Plan, as incorporated in decisions made in the manner
provided in section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
(3) Limitation regarding military housing.--To extent that
the authorities provided under subchapter IV of chapter 169
of title 10, United States Code, are available to the
Secretary of Defense, the Secretary shall use such
authorities to acquire, construct, or improve family housing
units or ancillary supporting facilities in connection with
the relocation of military personnel on Guam.
(4) Special requirements regarding use of contributions.--
(A) Treatment of contributions.--Except as provided in
subparagraph (C), the use of contributions referred to in
subsection (b)(1) shall not be subject to conditions imposed
on the use of appropriated funds by chapter 169 of title 10,
United States Code, or contained in annual military
construction appropriations Acts.
(B) Notice of obligation.--Contributions referred to in
subsection (b)(1) may not be obligated for a transaction
authorized by paragraph (1) until the Secretary of Defense
submits to the congressional defense committees notice of the
transaction, including a detailed cost estimate, and a period
of 21 days has elapsed after the date on which the
notification is received by the committees or, if earlier, a
period of 14 days has elapsed after the date on which a copy
of the notification is provided in an electronic medium.
(C) Cost and scope of work variations.--Section 2853 of
title 10, United States Code, shall apply to the use of
contributions referred to in subsection (b)(1).
(d) Transfer Authority.--
(1) Transfer to housing funds.--The Secretary of Defense
may transfer funds from the Account to the Department of
Defense Family Housing Improvement Fund established by
section 2883(a)(1) of title 10, United States Code.
(2) Treatment of transferred amounts.--Amounts transferred
under paragraph (1) to a fund referred to in that paragraph
shall be available in accordance with the provisions of
section 2883 of title 10, United States Code for activities
on Guam authorized under subchapter IV of chapter 169 of such
title.
(e) Report Regarding Guam Military Construction.--Not later
than February 15 of each year, the Secretary of Defense shall
submit to Congress a report containing information on each
military construction project included in the budget
submission for the next fiscal year related to the
realignment of military installations and the relocation of
military personnel on Guam. The Secretary shall present the
information in manner consistent with the presentation of
projects in the military construction accounts for each of
the military departments in the budget submission. The report
shall also include projects associated with the realignment
of military installations and relocation of military
personnel on Guam that are included in the future-years
defense program pursuant to section 221 of title 10, United
States Code.
(f) Sense of Congress.--It is the sense of Congress that
the use of the Account to facilitate construction projects
associated with the realignment of military installations and
the relocation of military personnel on Guam, as authorized
by subsection (c)(1), provides a great opportunity for
business enterprises of the United States and its territories
to contribute to the United States strategic presence in the
western Pacific by competing for contracts awarded for such
construction. Congress urges the Secretary of Defense to
ensure maximum participation by business enterprises of the
United States and its territories in such construction.

Subtitle D--Energy Security

SEC. 1. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-
RELATED PROJECTS.

Section 2667(h) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) If a proposed lease under subsection (a) involves a
project related to energy production and the term of the
lease exceeds 20 years, the Secretary concerned may not enter
into the lease until at least 30 days after the date on which
the Secretary of Defense submits to the congressional defense
committees a certification that the project is consistent
with the Department of Defense performance goals and plan
required by section 2911 of this title.''.

SEC. 2. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS
ENERGY MANAGEMENT.

Section 2925(a) of title 10, United States Code, is
amended--
(1) by striking the subsection heading and inserting the
following: ``Annual Report Related to Installations Energy
Management.--'';
(2) in paragraph (1), by inserting ``, the Energy
Independence and Security Act of 2007 (Public Law 110-140),''
after ``58)''; and
(3) by adding at the end the following new paragraph:
``(6) A description and estimate of the progress made by
the military departments to meet the certification
requirements for sustainable green-building standards in
construction and major renovations as required by section 433
of the Energy Independence and Security Act of 2007 (Public
Law 110-140; 121 Stat. 1612).''.

Subtitle E--Land Conveyances

SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION,
ALAMEDA, CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the redevelopment authority for the former Naval
Air Station Alameda, California (in this section referred to
as the ``redevelopment authority''), all right, title and
interest of the United States in and to the real and personal
property comprising Naval Air Station Alameda, except those
parcels identified for public benefit conveyance and certain
surplus lands at the Naval Air Station Alameda described in
the Federal Register on November 5, 2007. In this section,
the real and personal property to be conveyed under this
section is referred to as the ``NAS Property''.
(b) Multiple Conveyances.--The conveyance of the NAS
Property may be conducted through multiple parcel transfers.
(c) Consideration.--As consideration for the conveyance of
the NAS Property under subsection (a), the Secretary of the
Navy shall seek to obtain fair market value.
(d) Existing Uses.--During the three-year period beginning
on the date on which the first conveyance under this section
is made, the redevelopment authority shall make reasonable
efforts to accommodate the continued use by the United States
of those portions of the NAS Property covered by a request
for Federal Land Transfer so long as the accommodation of
such use is at no cost or expense to the redevelopment
authority. Such accommodations shall provide adequate
protection for the endangered California Least Tern in
accordance with the requirements of the existing Biological
Opinion for Naval Air Station Alameda dated March 22, 1999,
and any future amendments to the Biological Opinion.
(e) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this
section

[[Page 20915]]

shall be determined by a survey satisfactory to the
Department.
(g) Master Lease.--The Lease in Furtherance of Conveyance,
dated June 2000, as amended, between the Secretary of the
Navy and the redevelopment authority shall remain in full
force and effect until conveyance of the NAS Property in
accordance with this section, and a lease amendment
recognizing this section shall be offered by the Secretary.
(h) Treatment of Amounts Received.--Amounts received by the
United States under this section shall be credited to the
fund or account intended to receive proceeds from the
disposal of the NAS Property pursuant to the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
(i) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION,
DECOMMISSIONED NAVAL SECURITY GROUP ACTIVITY,
SKAGGS ISLAND, CALIFORNIA.

(a) Transfer Memorandum of Agreement.--The Secretary of the
Navy and the Secretary of the Interior shall negotiate a
memorandum of agreement that stipulates the conditions upon
which the decommissioned Naval Security Group Activity,
Skaggs Island, Sonoma, California shall be transferred from
the administrative jurisdiction of the Department of the Navy
to the United States Fish and Wildlife Service for inclusion
in the National Wildlife Refuge System.
(b) Acceptance of Donations; Use.--The Secretary of the
Navy and the Secretary of the Interior may accept
contributions from the State of California and other entities
to help cover the costs of demolishing and removing
structures on the property described in subsection (a) and to
facilitate future environmental restoration that furthers the
ultimate end use of the property for conservation purposes.
Amounts received may be merged with other amounts available
to the Secretaries to carry out this section and shall remain
available, without further appropriation and until expended.

SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE,
MARINE CORPS LOGISTICS BASE, ALBANY, GEORGIA.

(a) Transfer Authorized.--The Secretary of Defense may
transfer any proceeds from the sale of approximately 120.375
acres of improved land located at the former Boyett Village
Family Housing Complex at the Marine Corps Logistics Base,
Albany, Georgia, into the Department of Defense Family
Housing Improvement Fund established under section 2883(a)(1)
of title 10, United States Code, for carrying out activities
under subchapter IV of chapter 169 of that title with respect
to military family housing.
(b) Notification Requirement.--A transfer of proceeds under
subsection (a) may be made only after the end of the 30-day
period beginning on the date the Secretary of Defense submits
written notice of the transfer to the congressional defense
committees.

SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS
ARMY RESERVE CENTER, SPRINGFIELD, OHIO.

(a) Conveyance Authorized.--At such time as the Army
Reserve vacates the Sergeant First Class M.L. Downs Army
Reserve Center at 1515 West High Street in Springfield, Ohio,
the Secretary of the Army may convey, without consideration,
to the City of Springfield, Ohio (in this section referred to
as the ``City''), all right, title, and interest of the
United States in and to the parcel of real property,
including improvements thereon, containing the Reserve Center
and approximately three acres for the purpose of permitting
the City to utilize the property for municipal government
activities.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance, all right, title, and interest in and to such
real property, including any improvements and appurtenant
easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and
the United States shall have the right of immediate entry
onto such real property. A determination by the Secretary
under this subsection shall be made on the record after an
opportunity for a hearing.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(e) Additional Term and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY,
TENNESSEE.

(a) Conveyance Authorization.--The Secretary of the Army
may convey, without consideration, to the State of Tennessee
all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon
and appurtenant easements thereto, consisting of
approximately 124 acres known as the John Sevier Range in
Knox County, Tennessee, for the purpose of using such real
property as a public firing range and for other public
recreational activities.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the terms of the
conveyance, all right, title, and interest in and to such
real property, including any improvements and appurtenant
easements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and
the United States shall have the right of immediate entry
onto such real property. A determination by the Secretary
under this subsection shall be made on the record after an
opportunity for a hearing.
(c) Administrative Expenses.--In accordance with section
2695 of title 10, United State Code, the Secretary may accept
amounts provided by the State to cover administrative
expenses incurred by the Secretary with respect to the
conveyance authorized under subsection (a), including survey
expenses, expenses related to environmental documentation,
and other administrative expenses related to such conveyance.
Such amounts shall be credited, pursuant to subsection (c) of
section 2695 of such title, to the appropriation, fund, or
account from which such expenses were paid. If amounts are
collected from the State in advance of the Secretary
incurring such expenses, and the amount collected exceeds the
expenses actually incurred by the Secretary, the Secretary
shall refund the excess amount to the State.
(d) Description of Property.--The exact acreage and legal
description of the real property authorized to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the Secretary and the State.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance authorized under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS,
UTAH.

(a) Conveyance Authorized.--If the Secretary of the Army
determines that it is the national security interest of the
United States, the Secretary may convey, without
consideration, to the State of Utah (in this section, the
``State'') on behalf of the Utah National Guard all right,
title, and interest of the United States in and to two
parcels of real property, including improvements thereon,
that are located within the boundaries of Camp Williams,
Utah, consisting of approximately 608 acres and 308 acres,
respectively, and are identified in the Utah National Guard
master plan.
(b) Condition.--As a condition of the conveyance, the
Secretary shall, not later than 21 days before carrying out
the conveyance, submit a report to Congress certifying that
the purpose of the conveyance is to further the interest of
national security and the property conveyed will be used for
military purposes only.
(c) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection
(a), or any portion thereof, has been sold or is not being
used in a manner consistent with subsection (b), the property
shall revert, at the option of the Secretary, to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after consultation with the Governor of the State of Utah and
an opportunity for a hearing.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
State to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs

[[Page 20916]]

related to environmental documentation, and other
administrative costs related to the conveyance. If amounts
are collected from the State in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the State.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(e) Description of Real Property.--The exact acreage and
legal description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC
TRAIL THROUGH FORT BELVOIR, VIRGINIA.

(a) Agreement Authority.--The Secretary of the Army may
enter into a revocable at will easement with the Secretary of
the Interior to provide land along the perimeter of Fort
Belvoir, Virginia, to be used as a segment of the Potomac
Heritage National Scenic Trail.
(b) Selection Criteria.--In determining the extent of the
easement, the Secretary of the Army shall provide for a
single trail, and select alignments of the trail, along the
perimeter of Fort Belvoir. In making that determination, the
Secretary shall consider--
(1) the perimeter security requirements to protect the
assets, people, and agency missions located at Fort Belvoir;
(2) the appropriate setback from adjacent roadways to
provide for a safe and enjoyable experience for users of the
trail; and
(3) any planned future expansion of roadways, including
United States Route 1, so that the trail will not be
adversely impacted by roadway construction.
(c) Trail Administration and Management.--A written
agreement confirming an administration and management
arrangement of any segment of the Potomac Heritage National
Scenic Trail along the perimeter of Fort Belvoir shall be co-
signed by the parties to the easement agreement.

Subtitle F--Other Matters

SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL
ANNEX TO ARLINGTON NATIONAL CEMETERY.

Section 2881(h)(1) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 879), as amended by section 2871 of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 561), is further
amended by striking ``January 1, 2011'' and inserting
``January 1, 2012''.

SEC. 2852. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF
ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE
UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR
FORCE BASE.

(a) Acceptance Authorized.--The Secretary of the Air Force
may accept from the Air Force Museum Foundation, a private
nonprofit corporation, gifts in the form of cash, treasury
instruments, or comparable United States securities for the
purpose of paying the costs of design and construction of a
fourth building for the National Museum of the United States
Air Force at Wright-Patterson Air Force Base, Ohio. In making
a gift, the Air Force Museum Foundation may specify that all
or part of the amount of the gift be utilized solely for the
purpose of the design and construction of a particular
portion of the building and for contract management related
to such design and construction.
(b) Escrow Account.--
(1) Deposit of gifts.--The Secretary of the Air Force,
acting through the Director of Financial Management of the
Air Force Materiel Command (in this section referred to as
the ``Director''), shall deposit the amount of any gift
accepted under subsection (a) in an escrow account
established for that purpose.
(2) Investment.--Amounts in the escrow account not required
to meet current requirements of the account shall be invested
in public debt securities with maturities suitable to the
needs of the account, as determined by the Director, and
bearing interest at rates that take into consideration
current market yields on outstanding marketable obligations
of the United States of comparable securities. The income on
such investments shall be credited to and form a part of the
account.
(3) Liquidation.--Upon final payment of all invoices and
claims associated with the design and construction of the
building described in subsection (a), the Secretary shall
terminate the escrow account. Any amounts remaining in the
account upon termination shall be available to the Secretary,
in such amounts as are provided in advance in appropriations
Acts, for such purposes as the Secretary considers
appropriate.
(c) Use of Gifts.--
(1) Design, construction, and contract management.--Subject
to any conditions imposed by the Air Force Museum Foundation
under subsection (a), the Director shall use amounts in the
escrow account, including income on investments, to pay all
costs for the design and construction of a fourth building
for the National Museum of the United States Air Force and
all costs for contract management related to such design and
construction. The requirement imposed by this paragraph
includes making progress payments for such design and
construction.
(2) Sole source of funds.--Gifts received under subsection
(a) and income on investments made under subsection (b)(2)
shall be the sole source of funds used to pay all costs for
the design and construction of a fourth building for the
National Museum of the United States Air Force and all costs
for contract management related to such design and
construction.
(3) Time for payment.--Amounts shall be payable under
paragraph (1) upon receipt by the Director of a notification
from the technical representative of the contracting officer
that construction activities for which such amounts are
payable under paragraph (1) have been undertaken. To the
maximum extent practicable consistent with good business
practice, the Director shall limit payment of amounts from
the account in order to maximize the return on investment of
amounts in the account.
(d) Limitation on Contracts.--The Secretary of the Air
Force may not initiate a contract for the design or
construction of a particular portion of the building
described in subsection (a) until amounts in the escrow
account are sufficient to cover the amount of the contract.

SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR
NAVAL BASE, HAWAII.

(a) Lease.--The Secretary of the Navy shall enter into a
lease with the USS Missouri Memorial Association to authorize
the USS Missouri Memorial Association to use the pier Foxtrot
Five and related real property on Ford Island, Pearl Harbor
Naval Base, Hawaii, during calendar years 2009 and 2010.
(b) Consideration.--The lease required by subsection (a)
shall be made without consideration.
(c) Conditions on Use of Leased Property.--As conditions on
the lease under subsection (a), the USS Missouri Memorial
Association shall agree--
(1) to preserve and maintain the ex-USS Missouri for
education purposes, historic preservation, and community
outreach;
(2) that the Navy may use the leased property without
charge for purposes that do not interfere with the use of
such property by the USS Missouri Memorial Association; and
(3) that the Navy may use the ex-USS Missouri for official
functions at no cost.
(d) Effect of Violation.--If the Secretary determines at
any time that the USS Missouri Memorial Association is not in
compliance with the conditions imposed by subsection (c), the
Secretary may terminate the lease referred to in subsection
(a). Any determination of the Secretary under this subsection
shall be made on the record after an opportunity for a
hearing.

SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE,
PENNSYLVANIA.

(a) Conditions on Conveyance, Grant, Lease, or License.--
Any conveyance, grant, lease, or license from the United
States to the Commonwealth of Pennsylvania or other legal
entity that includes the airfield property located at NASJRB
Willow Grove and designated for operation as a Joint
Interagency Installation pursuant to section 3703 of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28;
121 Stat. 145) shall be subject to the restrictions on the
use of the airfield set forth in subsection (b).
(b) Restrictions on Use.--The airfield at the installation
shall not be used for any of the following purposes:
(1) Commercial passenger operations.
(2) Commercial cargo operations.
(3) Commercial, business, or nongovernment aircraft
operations for purposes not related to the missions of the
installation, except that this paragraph shall not apply in
exigent circumstances or prohibit use of the airfield by or
on behalf of any associated user which is a tenant of the
installation.
(4) As a reliever airport to relieve congestion at other
airports or to provide improved general aviation access to
the overall community, except that this paragraph shall not
apply in exigent circumstances.
(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed to diminish or alter authorized
uses of the installation, including the military enclave that
is part thereof, by the United States or its agencies or
instrumentalities or to limit use of the property in exigent
circumstances.
(d) Definitions.--In this section:
(1) Airfield.--The term ``airfield'' means the airfield
referred to in subsection (a).
(2) Associated users.--The term ``associated users'' means
nongovernmental organizations and private entities that use
the

[[Page 20917]]

airfield for purposes related to the national defense,
homeland security, and emergency preparedness missions of the
installation.
(3) Exigent circumstances.--The term ``exigent
circumstances'' means unusual conditions, including adverse
or unusual weather conditions, alerts, and actual or
threatened emergencies that are determined by the
installation to require limited-duration use of the
installation or its airfield for operations, including flying
operations, for uses otherwise restricted under subsection
(b).
(4) Commercial cargo operations.--The term ``commercial
cargo operations'' means aircraft operations by a commercial
cargo or freight carrier in cases in which cargo is delivered
to or flown from the installation under established
schedules, except that the term does not include any cargo
operations undertaken by or on behalf of any user of the
installation or cargo operations related to the national
defense, homeland security, and emergency preparedness
missions of the installation.
(5) Commercial passenger operations.--The term ``commercial
passenger operations'' means aircraft passenger operations by
commercial passenger carriers involving flights where
passengers are boarded or enplaned at the installation,
except that the term does not include passenger operations
undertaken by or on behalf of any user of the installation or
passenger operations related to the national defense,
homeland security, and emergency preparedness missions of the
installation.
(6) Installation.--The term ``installation'' means the
Joint Interagency Installation referred to in subsection (a).

SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.

The health facility located at 301 Andrews Avenue in Fort
Rucker, Alabama, shall be known and designated as the
``Lyster Army/VA Health Clinic''. Any reference in a law,
map, regulation, document, paper, or other record of the
United States to such facility shall be deemed to be a
reference to the Lyster Army/VA Health Clinic.

TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

Subtitle A--Fiscal Year 2008 Projects

Subtitle B--Fiscal Year 2009 Projects

Sec. 2911. Authorized Army construction and land acquisition projects.
Sec. 2912. Authorized Navy construction and land acquisition projects.

Subtitle A--Fiscal Year 2008 Projects

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Alaska....................... Fort Wainwright.......... $17,000,000
California................... Fort Irwin............... $11,800,000
Colorado..................... Fort Carson.............. $8,400,000
Georgia...................... Fort Gordon.............. $39,800,000
Hawaii....................... Schofield Barracks....... $12,500,000
Kentucky..................... Fort Campbell............ $9,900,000
Fort Knox................ $7,400,000
North Carolina............... Fort Bragg............... $8,500,000
Oklahoma..................... Fort Sill................ $9,000,000
Texas........................ Fort Bliss............... $17,300,000
Fort Hood................ $7,200,000
Fort Sam Houston......... $54,000,000
Virginia..................... Fort Lee................. $7,400,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Iraq ....................... Camp Adder............... $13,200,000
Camp Ramadi.............. $6,200,000
Fallujah................. $5,500,000
------------------------------------------------------------------------

(c) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2901(c) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 571), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $241,100,000 as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $210,200,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $24,900,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $6,000,000.

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

[[Page 20918]]

Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................ Camp Pendleton.................................... $9,270,000
China Lake........................................ $7,210,000
Point Mugu........................................ $7,250,000
San Diego......................................... $12,299,000
San Diego Marine Corps Recruit Depot (MCRD)....... $43,200,000
Twentynine Palms.................................. $11,250,000
Florida................................... Eglin Air Force Base.............................. $780,000
Mississippi............................... Gulfport.......................................... $6,570,000
North Carolina............................ Camp Lejeune...................................... $27,980,000
Virginia.................................. Yorktown.......................................... $8,070,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2902(d) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 572), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $137,931,000 as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $133,879,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $4,052,000.

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................ Beale Air Force Base.............................. $17,600,000
Florida................................... Eglin Air Force Base.............................. $11,000,000
New Mexico................................ Cannon Air Force Base............................. $8,000,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:

(c) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2903(b) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 573), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force in the total amount of
$98,427,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $36,600,000.
(2) For military construction projects outside the United
States authorized by subsection (b), $60,400,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $1,427,000.

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of Defense may acquire real property
and carry out the military construction project for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina............................ Camp Lejeune...................................... $57,900,000
----------------------------------------------------------------------------------------------------------------

(b) Authorization of Appropriations.--In addition to funds
authorized to be appropriated under 2904(c) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 573), funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2007, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments)
in the total amount of $110,735,000, as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $57,900,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $52,835,000.

[[Page 20919]]

SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2008 ARMY PROJECTS.

(a) Termination of Authority.--The table in section 2901(b)
of the Military Construction Authorization Act for Fiscal
Year 2008 (division B of Public Law 110-181; 122 Stat. 570),
is amended--
(1) in the item relating to Camp Adder, Iraq, by striking
``$80,650,000'' in the amount column and inserting
``$75,800,000'';
(2) in the item relating to Camp Anaconda, Iraq, by
striking ``$53,500,000'' in the amount column and inserting
``$10,500,000'';
(3) in the item relating to Camp Victory, Iraq, by striking
``$65,400,000'' in the amount column and inserting
``$60,400,000'';
(4) by striking the item relating to Tikrit, Iraq; and
(5) in the item relating to Camp Speicher, Iraq, by
striking ``$83,900,000'' in the amount column and inserting
``$74,100,000''.
(b) Conforming Amendments.--Section 2901(c) of the Military
Construction Authorization Act for Fiscal Year 2008 (division
B of Public Law 110-181; 122 Stat. 571) is amended--
(1) by striking ``$1,257,750,000'' and inserting
``$1,152,100,000''; and
(2) in paragraph (2), by striking ``$1,055,450,000'' and
inserting ``$949,800,000''.

Subtitle B--Fiscal Year 2009 Projects

SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Army may acquire real property
and carry out military construction projects to construct or
renovate warrior transition unit facilities at the
installations or locations inside the United States set forth
in the following table:

(b) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2008, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $450,000,000,
as follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $400,000,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,000,000.
(c) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by
this section until 14 days after the date on which the
Secretary of Defense submits to the congressional defense
committees a report containing a detailed justification for
the projects.

SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(b)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects to construct or
renovate warrior transition unit facilities at the
installations or locations inside the United States set forth
in the following table:

(b) Authorization of Appropriations.--Subject to section
2825 of title 10, United States Code, funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2008, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $50,000,000, as
follows:
(1) For military construction projects inside the United
States authorized by subsection (a), $40,000,000.
(2) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $10,000,000.
(c) Report Required Before Commencing Certain Projects.--
Funds may not be obligated for the projects authorized by
this section until 14 days after the date on which the
Secretary of Defense submits to the congressional defense
committees a report containing a detailed justification for
the projects.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Subtitle B--Program Authorizations, Restrictions, and Limitations

Subtitle C--Reports

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2009 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $9,752,507,000, to be
allocated as follows:
(1) For weapons activities, $6,625,111,000.
(2) For defense nuclear nonproliferation activities,
including $528,782,000 for fissile materials disposition,
$1,895,261,000.
(3) For naval reactors, $828,054,000.
(4) For the Office of the Administrator for Nuclear
Security, $404,081,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 09-D-404, Test Capabilities Revitalization Phase 2,
Sandia National Laboratory, Albuquerque, New Mexico,
$3,200,000.
Project 08-D-806, Ion Beam Laboratory Project, Sandia
National Laboratory, Albuquerque, New Mexico, $10,014,000.

[[Page 20920]]

(2) For naval reactors, the following new plant projects:
Project 09-D-902, Naval Reactors Facility Production
Support Complex, Naval Reactors Facility, Idaho Falls, Idaho,
$8,300,000.
Project 09-D-190, Project engineering and design, Knolls
Atomic Power Laboratory infrastructure upgrades, Knolls
Atomic Power Laboratory, Kesselring Site, Schenectady, New
York, $1,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2009 for defense
environmental cleanup activities in carrying out programs
necessary for national security in the amount of
$5,297,256,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2009 for other defense
activities in carrying out programs necessary for national
security in the amount of $826,453,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2009 for defense nuclear
waste disposal for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(c)) in the amount of $222,371,000.

SEC. 3105. ENERGY SECURITY AND ASSURANCE.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2009 for energy security
and assurance programs necessary for national security in the
amount of $7,622,000.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR
NUCLEAR SECURITY TO INCLUDE ELIMINATION OF
SURPLUS FISSILE MATERIALS USABLE FOR NUCLEAR
WEAPONS.

Section 3212(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2402(b)) is amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17) the following new
paragraph (18):
``(18) Eliminating inventories of surplus fissile materials
usable for nuclear weapons.''.

SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125
CHEMISTRY AND METALLURGY RESEARCH REPLACEMENT
FACILITY PROJECT, LOS ALAMOS NATIONAL
LABORATORY, LOS ALAMOS, NEW MEXICO.

Of the amounts appropriated pursuant to an authorization of
appropriations in this Act or otherwise made available for
fiscal year 2009 for Project 04-D-125 Chemistry and
Metallurgy Research Replacement (in this section referred to
as ``CMRR'') facility project, Los Alamos National
Laboratory, Los Alamos, New Mexico, not more than $50,200,000
may be made available until--
(1) the Administrator for Nuclear Security and the Defense
Nuclear Facilities Safety Board have each submitted a
certification to the congressional defense committees stating
that the concerns raised by the Defense Nuclear Facilities
Safety Board regarding the design of CMRR safety class
systems (including ventilation systems) and seismic issues
have been resolved; and
(2) a period of 15 days has elapsed after both
certifications under paragraph (1) have been submitted.

SEC. 3113. NONPROLIFERATION AND NATIONAL SECURITY SCHOLARSHIP
AND FELLOWSHIP PROGRAM.

(a) Establishment.--The Administrator for Nuclear Security
shall carry out a program to provide scholarships and
fellowships for the purpose of enabling individuals to
qualify for employment in the nonproliferation and national
security programs of the Department of Energy.
(b) Eligible Individuals.--An individual shall be eligible
for a scholarship or fellowship under the program established
under this section if the individual--
(1) is a citizen or national of the United States or an
alien lawfully admitted to the United States for permanent
residence;
(2) has been accepted for enrollment or is currently
enrolled as a full-time student at an institution of higher
education (as defined in section 102(a) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a));
(3) is pursuing a program of education that leads to an
appropriate higher education degree in a qualifying field of
study, as determined by the Administrator;
(4) enters into an agreement described in subsection (c);
and
(5) meets such other requirements as the Administrator
prescribes.
(c) Agreement.--An individual seeking a scholarship or
fellowship under the program established under this section
shall enter into an agreement, in writing, with the
Administrator that includes the following:
(1) The agreement of the Administrator to provide such
individual with a scholarship or fellowship in the form of
educational assistance for a specified number of school years
(not to exceed five school years) during which such
individual is pursuing a program of education in a qualifying
field of study, which educational assistance may include
payment of tuition, fees, books, laboratory expenses, and a
stipend.
(2) The agreement of such individual--
(A) to accept such educational assistance;
(B) to maintain enrollment and attendance in a program of
education described in subsection (b)(2) until such
individual completes such program;
(C) while enrolled in such program, to maintain
satisfactory academic progress in such program, as determined
by the institution of higher education in which such
individual is enrolled; and
(D) after completion of such program, to serve as a full-
time employee in a nonproliferation or national security
position in the Department of Energy or at a laboratory of
the Department for a period of not less than 12 months for
each school year or part of a school year for which such
individual receives a scholarship or fellowship under the
program established under this section.
(3) The agreement of such individual with respect to the
repayment requirements specified in subsection (d).
(d) Repayment.--
(1) In general.--An individual receiving a scholarship or
fellowship under the program established under this section
shall agree to pay to the United States the total amount of
educational assistance provided to such individual under such
program, plus interest at the rate prescribed by paragraph
(4), if such individual--
(A) does not complete the program of education agreed to
pursuant to subsection (c)(2)(B);
(B) completes such program of education but declines to
serve in a position in the Department of Energy or at a
laboratory of the Department as agreed to pursuant to
subsection (c)(2)(D); or
(C) is voluntarily separated from service or involuntarily
separated for cause from the Department of Energy or a
laboratory of the Department before the end of the period for
which such individual agreed to continue in the service of
the Department pursuant to subsection (c)(2)(D).
(2) Failure to repay.--If an individual who received a
scholarship or fellowship under the program established under
this section is required to repay, pursuant to an agreement
under paragraph (1), the total amount of educational
assistance provided to such individual under such program,
plus interest at the rate prescribed by paragraph (4), and
fails repay such amount, a sum equal to such amount (plus
such interest) is recoverable by the United States Government
from such individual or the estate of such individual by--
(A) in the case of an individual who is an employee of the
United States Government, setoff against accrued pay,
compensation, amount of retirement credit, or other amount
due the employee from the Government; or
(B) such other method as is provided by law for the
recovery of amounts owed to the Government.
(3) Waiver of repayment.--The Administrator may waive, in
whole or in part, repayment by an individual under this
subsection if the Administrator determines that seeking
recovery under paragraph (2) would be against equity and good
conscience or would be contrary to the best interests of the
United States.
(4) Rate of interest.--For purposes of repayment under this
subsection, the total amount of educational assistance
provided to an individual under the program established under
this section shall bear interest at the applicable rate of
interest under section 427A(c) of the Higher Education Act of
1965 (20 U.S.C. 1077a(c)).
(e) Preference for Cooperative Education Students.--In
evaluating individuals for the award of a scholarship or
fellowship under the program established under this section,
the Administrator may give a preference to an individual who
is enrolled in, or accepted for enrollment in, an institution
of higher education that has a cooperative education program
with the Department of Energy.
(f) Coordination of Benefits.--A scholarship or fellowship
awarded under the program established under this section
shall be taken into account in determining the eligibility of
an individual receiving such scholarship or fellowship for
Federal student financial assistance provided under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(g) Report to Congress.--Not later than January 1, 2010,
the Administrator shall submit to the congressional defense
committees a report on the activities carried out under the
program established under this section, including any
recommendations for future activities under such program.
(h) Funding.--Of the amounts authorized to be appropriated
by section 3101(a)(2) for defense nuclear nonproliferation
activities, $3,000,000 shall be available to carry out the
program established under this section.

SEC. 3114. ENHANCING NUCLEAR FORENSICS CAPABILITIES.

(a) Research and Development Plan for Nuclear Forensics and
Attribution.--
(1) Research and development.--The Secretary of Energy
shall prepare and implement a research and development plan
to improve nuclear forensics capabilities in the Department
of Energy and at the national laboratories overseen by the
Department of Energy. The plan shall focus on improving the
technical capabilities required--

[[Page 20921]]

(A) to enable a robust and timely nuclear forensic response
to a nuclear explosion or to the interdiction of nuclear
material or a nuclear weapon anywhere in the world; and
(B) to develop an international database that can attribute
nuclear material or a nuclear weapon to its source.
(2) Reports.--
(A) The Secretary of Energy shall submit to the
congressional defense committees--
(i) not later than 6 months after the date of the enactment
of this Act, a report on the contents of the research and
development plan described in paragraph (1), and any
legislative changes required to implement the plan; and
(ii) not later than 18 months after the date of the
enactment of this Act, a report on the status of implementing
the plan.
(B) The Secretary shall submit each report required by this
subsection in unclassified form, but may include a classified
annex with such report.
(b) Additional Information in the Report on Nuclear
Forensics Capabilities.--Section 3129(b) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 585) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) any legislative, regulatory, or treaty actions
necessary to facilitate international cooperation in
enhancement of international nuclear-material databases and
the linking of those databases to enable prompt access to
data.''.
(c) Presidential Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report on the
involvement of senior-level executive branch leadership in
nuclear terrorism preparedness exercises that include nuclear
forensics analysis.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security and
Governmental Affairs of the Senate.

SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL
NUCLEAR MATERIALS PROTECTION AND COOPERATION
PROGRAM AND RUSSIAN PLUTONIUM DISPOSITION
PROGRAM.

Section 3114 of the National Defense Authorization Act for
Fiscal Year 2007 (50 U.S.C. 2301 note) is amended--
(1) in the heading, by striking ``SECOND LINE OF DEFENSE
PROGRAM'' and inserting ``INTERNATIONAL NUCLEAR MATERIALS
PROTECTION AND COOPERATION PROGRAM AND RUSSIAN PLUTONIUM
DISPOSITION PROGRAM'';
(2) by striking ``Second Line of Defense program'' each
place it appears and inserting ``International Nuclear
Materials Protection and Cooperation program or Russian
Plutonium Disposition program''; and
(3) in subsection (f), by striking ``2013'' and inserting
``2015''.

SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR
PROLIFERATION PREVENTION PROGRAM.

(a) Review of Program.--
(1) In general.--The Administrator for Nuclear Security
shall conduct a review of the Global Initiatives for
Proliferation Prevention program.
(2) Report required.--Not later than October 1, 2009, the
Administrator shall submit to the congressional defense
committees a report setting forth the results of the review
required under paragraph (1). The report shall include each
of the following:
(A) A description of the goals of the Global Initiatives
for Proliferation Prevention program and the criteria for
partnership projects under the program.
(B) Recommendations regarding the following:
(i) Whether to continue or bring to a close each of the
partnership projects under the program in existence on the
date of the enactment of this Act, and, if any such project
is recommended to be continued, a description of how that
project will meet the criteria under subparagraph (A).
(ii) Whether to enter into new partnership projects under
the program with Russia or other countries of the former
Soviet Union.
(iii) Whether to enter into new partnership projects under
the program in countries other than countries of the former
Soviet Union.
(C) A plan and criteria for completing partnership projects
under the program.
(b) Report on Funding for Projects Under Program.--
(1) In general.--The Administrator shall submit to the
congressional defense committees a report on--
(A) the purposes for which amounts made available for the
Global Initiatives for Proliferation Prevention program for
fiscal year 2009 will be obligated or expended; and
(B) the amount to be obligated or expended for each
partnership project under the program in fiscal year 2009.
(2) Limitation on funding before submittal of report.--None
of the amounts authorized to be appropriated for fiscal year
2009 by section 3101(a)(2) for defense nuclear
nonproliferation activities and available for the Global
Initiatives for Proliferation Prevention program may be
obligated or expended until the date that is 30 days after
the date on which the Administrator submits to the
congressional defense committees the report required under
paragraph (1).

SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL
NUCLEAR ENERGY PARTNERSHIP.

(a) Limitation.--Of the amounts authorized to be
appropriated for fiscal year 2009 by section 3101(a)(2) for
defense nuclear nonproliferation activities, not more than
$3,000,000 may be used for projects that are specifically
designed for the Global Nuclear Energy Partnership. Any
amount so used may not be expended until 30 days after the
date on which the Administrator of the National Nuclear
Security Administration submits to Congress a report that
describes in detail the full amount of funding that the
Administrator plans to expend for any effort related to the
Global Nuclear Energy Partnership.
(b) Use of Funds.--Any amount made available pursuant to an
authorization of appropriations under section 3101(a)(2) that
is covered by the limitation under subsection (a) shall only
be available for nonproliferation risk assessments relating
to the Global Nuclear Energy Partnership and related work on
export control reviews and determinations.

Subtitle C--Reports

SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL
REPORT ON DEPARTMENT OF ENERGY PROTECTIVE FORCE
MANAGEMENT.

Section 3124(a)(1) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 580)
is amended by striking ``Not later than 180 days after the
date of the enactment of this Act,'' and inserting ``Not
later than March 1, 2009,''.

SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT
ISSUED BY THE DEPARTMENT OF ENERGY IN 2005.

(a) In General.--Not later than January 2, 2009, the
Secretary of Energy shall submit to the congressional defense
committees a report setting forth the status of the
compliance of Department of Energy sites with the Design
Basis Threat issued by the Department in November 2005 (in
this section referred to as the ``2005 Design Basis
Threat'').
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) For each Department of Energy site subject to the 2005
Design Basis Threat, an assessment of whether the site has
achieved compliance with the 2005 Design Basis Threat.
(2) For each such site that has not achieved compliance
with the 2005 Design Basis Threat--
(A) a description of the reasons for the failure to achieve
compliance;
(B) a plan to achieve compliance;
(C) a description of the actions that will be taken to
mitigate any security shortfalls until compliance is
achieved; and
(D) an estimate of the annual funding requirements to
achieve compliance.
(3) A list of such sites with Category I nuclear materials
that the Secretary determines will not achieve compliance
with the 2005 Design Basis Threat.
(4) For each site identified under paragraph (3), a plan to
remove all Category I nuclear materials from such site,
including--
(A) a schedule for the removal of such nuclear materials
from such site;
(B) a clear description of the actions that will be taken
to ensure the security of such nuclear materials; and
(C) an estimate of the annual funding requirements to
remove such nuclear materials from such site.
(5) An assessment of the adequacy of the 2005 Design Basis
Threat in addressing security threats at Department of Energy
sites, and a description of any plans for updating,
modifying, or otherwise revising the approach taken by the
2005 Design Basis Threat to establish enhanced security
requirements for Department of Energy sites.

SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON
INADVERTENT RELEASES OF RESTRICTED DATA.

(a) In General.--Section 4522 of the Atomic Energy Defense
Act (50 U.S.C. 2672) is amended--
(1) in subsection (e), by striking ``on a periodic basis''
and inserting ``in each even-numbered year''; and
(2) in subsection (f), by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) The Secretary of Energy shall, in each even-numbered
year beginning in 2010, submit to the committees and
Assistant to the President specified in subsection (d) a
report identifying any inadvertent releases of Restricted
Data or Formerly Restricted Data under Executive Order No.
12958 discovered in the two-year period preceding the
submittal of the report.''.

[[Page 20922]]

(b) Technical Correction.--Subsection (e) of such section,
as amended by subsection (a)(1) of this section, is further
amended by striking ``subsection (b)(4)'' and inserting
``subsection (b)(5)''.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year
2009, $25,499,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIV--NAVAL PETROLEUM RESERVE

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) Amount.--There is hereby authorized to be appropriated
to the Secretary of Energy $19,099,000 for fiscal year 2009
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.

TITLE XXXV--MARITIME ADMINISTRATION

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2009.

Funds are hereby authorized to be appropriated for fiscal
year 2009, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $142,803,000, of which--
(A) $79,858,000 shall remain available until expended for
expenses at the United States Merchant Marine Academy,
(B) $26,640,000 shall remain available until expended for
capital improvements at the United States Merchant Marine
Academy, and
(C) $10,987,000 shall remain available until expended for
maintenance and repair of school ships of the State Maritime
Academies.
(2) For expenses to maintain and preserve a United States-
flag merchant fleet to serve the national security needs of
the United States under chapter 531 of title 46, Unites
States Code, $193,500,000, of which $19,500,000 will be
available for costs associated with the maintenance
reimbursement pilot program under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note).
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, $18,000,000.
(4) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan
guarantees under the program authorized by chapter 537 of
title 46, United States Code, $30,000,000.
(5) For administrative expenses related to the
implementation of the loan guarantee program under chapter
537 of title 46, United States Code, administrative expenses
related to implementation of the reimbursement program under
section 3517 of the Maritime Security Act of 2003 (46 U.S.C.
53101 note), and administrative expenses related to the
implementation of the small shipyards and maritime
communities assistance program under section 54101 of title
46, United States Code, $6,000,000.

SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE
GOVERNMENT OF THE UNITED STATES FOR THE PURPOSE
OF DISMANTLING, RECYCLING, OR SCRAPPING.

(a) In General.--Except as provided in subsection (b), no
vessel that is owned by the Government of the United States
shall be approved for export to a foreign country for
purposes of dismantling, recycling, or scrapping.
(b) Exception.--Subsection (a) shall not apply with respect
to a vessel if the Administrator of the Maritime
Administration certifies to the Committee on Armed Services
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate that--
(1) a compelling need for dismantling, recycling, or
scrapping the vessel exists;
(2) there is no available capacity in the United States to
conduct the dismantling, recycling, or scrapping of the
vessel;
(3) any dismantling, recycling, or scrapping of the vessel
in a foreign country will be conducted in full compliance
with environmental, safety, labor, and health requirements
for ship dismantling, recycling, or scrapping that are
equivalent to the laws of the United States; and
(4) the export of the vessel under this section will only
be for dismantling, recycling, or scrapping of the vessel.
(c) United States Defined.--In this section the term
``United States'' means the States of the United States,
Puerto Rico, and Guam.

SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS.

Section 51509(b) of title 46, United States Code, is
amended--
(1) by striking ``$4,000'' and inserting ``$8,000'';
(2) by inserting ``tuition,'' after ``uniforms,''; and
(3) by inserting ``before the start of each academic year''
after ``and be paid''.

SEC. 3504. RIDING GANG MEMBER REQUIREMENTS.

Section 1018 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2380) is amended to read as follows:

``SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.

``(a) In General.--The Secretary of Defense may not award,
renew, extend, or exercise an option to extend any charter of
a vessel documented under chapter 121 of title 46, United
States Code, for the Department of Defense, or any contract
for the carriage of cargo by a vessel documented under that
chapter for the Department of Defense, unless the charter or
contract, respectively, includes provisions that--
``(1) subject to paragraph (2), allow riding gang members
to perform work on the vessel during the effective period of
the charter or contract only under terms, conditions,
restrictions, and requirements as provided in section 8106 of
title 46, United States Code; and
``(2) require that riding gang members hold a merchant
mariner's document issued under chapter 73 of title 46,
United States Code, or a transportation security card issued
under section 70105 of such title.
``(b) Exemption.--
``(1) In general.--In accordance with regulations issued by
the Secretary of Defense, an individual shall not be treated
as a riding gang member for the purposes of section 8106 of
title 46, United States Code, and this section if--
``(A) the individual is aboard a vessel that is under
charter or contract for the carriage of cargo for the
Department of Defense, for purposes other than engaging in
the operation or maintenance of the vessel; and
``(B) the individual--
``(i) accompanies, supervises, guards, or maintains unit
equipment aboard a ship, commonly referred to as supercargo
personnel;
``(ii) is one of the force protection personnel of the
vessel;
``(iii) is a specialized repair technician; or
``(iv) is otherwise required by the Secretary of Defense to
be aboard the vessel.
``(2) Background check.--
``(A) In general.--This section shall not apply to an
individual unless--
``(i) the name and other necessary identifying information
for the individual is submitted to the Secretary for a
background check; and
``(ii) except as provided in subparagraph (B), the
individual successfully passes a background check by the
Secretary prior to going aboard the vessel.
``(B) Waiver.--The Secretary may waive the application of
subparagraph (A)(ii) for an individual who holds a merchant
mariner's document issued under chapter 73 of title 46,
United States Code, or a transportation security card issued
under section 70105 of such title.
``(3) Exempted individual not treated as in addition to the
crew.--An individual who, under paragraph (1), is not treated
as a riding gang member shall not be counted as an individual
in addition to the crew for the purposes of section 3304 of
title 46, United States Code.''.

SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM FOR
THE MARITIME SECURITY FLEET.

Section 3517(a) of the Maritime Security Act of 2003 (46
U.S.C. 53101 note; as amended by section 3503 of the National
Defense Authorization Act for Fiscal Year 2006 (119 Stat.
3548)) is amended by adding at the end the following:
``(3) Existing operating agreements.--The Secretary of
Transportation shall, subject to the availability of
appropriations, seek to enter into an agreement under this
section with one or more contractors under

[[Page 20923]]

an operating agreement under that chapter that is in effect
on the date of the enactment of this paragraph, regarding
maintenance and repair of all vessels that are subject to the
operating agreement.''.

SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH
ADJUNCT PROFESSORS AT THE UNITED STATES
MERCHANT MARINE ACADEMY AND FOR OTHER PURPOSES.

(a) In General.--The Maritime Administrator may establish a
temporary program for the purpose of, subject to the
availability of appropriations, contracting with individuals
as personal services contractors to provide services as
adjunct professors at the Academy, if the Maritime
Administrator determines that there is a need for adjunct
professors and the need is not of permanent duration.
(b) Contract Requirements.--Each contract under the
program--
(1) must be approved by the Maritime Administrator;
(2) subject to paragraph (3), shall be for a duration,
including options, of not to exceed one year unless the
Maritime Administrator finds that exceptional circumstances
justify an extension of up to one additional year; and
(3) shall terminate not later than 6 months after the
termination of contract authority under subsection (d).
(c) Limitation on Number of Contractors.--In awarding
contacts under the program, the Maritime Administrator shall
ensure that not more than 25 individuals actively provide
services in any one academic trimester, or equivalent, as
contractors under the program.
(d) Termination of Contracting Authority.--The authority to
award contracts under the program shall terminate upon the
end of the academic year 2008-2009.
(e) Existing Contracts.--Any contract entered into before
the effective date of this section for the services of an
adjunct professor at the Academy shall remain in effect for
the trimester (or trimesters) for which the services were
contracted.
(f) Definitions.--In this section:
(1) Academy.--The term ``Academy'' means the United States
Merchant Marine Academy.
(2) Maritime administrator.--The term ``Maritime
Administrator'' means the Administrator of the Maritime
Administration, or a designee of the Administrator.
(3) Program.--The term ``program'' means the program
established under subsection (a).
(g) Gifts to the Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, is amended by adding at the end thereof the following:

``Sec. 51315. Gifts to the Merchant Marine Academy

``(a) In General.--The Maritime Administrator may accept
and use conditional or unconditional gifts of money or
property for the benefit of the United States Merchant Marine
Academy, including acceptance and use for non-appropriated
fund instrumentalities of the Merchant Marine Academy. The
Maritime Administrator may accept a gift of services in
carrying out the Administrator's duties and powers. Property
accepted under this section and proceeds from that property
must be used, as nearly as possible, in accordance with the
terms of the gift.
``(b) Establishment of Academy Gift Fund.--There is
established in the Treasury a fund, to be known as the
`Academy Gift Fund'. Disbursements from the Fund shall be
made on order of the Maritime Administrator. Unless otherwise
specified by the terms of the gift, the Maritime
Administrator may use monies in the Fund for appropriated or
non-appropriated purposes at the Academy. The Fund consists
of--
``(1) gifts of money;
``(2) income from donated property accepted under this
section;
``(3) proceeds from the sale of donated property; and
``(4) income from securities under subsection (c) of this
section.
``(c) Investment of Fund Balances.--On request of the
Maritime Administrator, the Secretary of the Treasury may
invest and reinvest amounts in the Fund in securities of, or
in securities the principal and interest of which is
guaranteed by, the United States Government.
``(d) Disbursement Authority.--There are hereby authorized
to be disbursed from the Fund such sums as may be on deposit,
to remain available until expended.
``(e) Deductibility of Gifts.--Gifts accepted under this
section are a gift to or for the use of the Government under
the Internal Revenue Code of 1986.''.
(2) Conforming amendment.--The chapter analysis for chapter
513 of title 46, United States Code, is amended by adding at
the end the following:

``51315. Gifts to the Merchant Marine Academy.''.
(h) Temporary Appointments to the Academy.--
(1) In general.--Chapter 513 of title 46, United States
Code, as amended by section 3513 of this Act, is further
amended by adding at the end thereof the following:

``Sec. 51316. Temporary appointments to the Academy

``Notwithstanding any other provision of law, the Maritime
Administrator may appoint any present employee of the United
States Merchant Marine Academy non-appropriated fund
instrumentality to a position on the General Schedule of
comparable pay. Eligible personnel shall be engaged in work
permissibly funded by annual appropriations, and such
appointments to the Civil Service shall be without regard to
competition, for a term not to exceed 2 years.''.
(2) Conforming amendment.--The chapter analysis for chapter
513 of title 46, United States Code, as amended by section
3513 of this Act, is further amended by adding at the end the
following:

``51316. Temporary appointments to the Academy.''.

SEC. 3507. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE
AT THE UNITED STATES MERCHANT MARINE ACADEMY.

(a) Required Policy.--The Secretary of Transportation shall
direct the Superintendent of the United States Merchant
Marine Academy to prescribe a policy on sexual harassment and
sexual violence applicable to the cadets and other personnel
of the Academy.
(b) Matters To Be Specified in Policy.--The policy on
sexual harassment and sexual violence prescribed under this
section shall include--
(1) a program to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature that involve cadets or other Academy
personnel;
(2) procedures that a cadet should follow in the case of an
occurrence of sexual harassment or sexual violence,
including--
(A) a specification of the person or persons to whom an
alleged occurrence of sexual harassment or sexual violence
should be reported by a cadet and the options for
confidential reporting;
(B) a specification of any other person whom the victim
should contact; and
(C) procedures on the preservation of evidence potentially
necessary for proof of criminal sexual assault;
(3) a procedure for disciplinary action in cases of alleged
criminal sexual assault involving a cadet or other Academy
personnel;
(4) any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
involving a cadet or other Academy personnel in rape,
acquaintance rape, or any other criminal sexual offense,
whether forcible or nonforcible; and
(5) required training on the policy for all cadets and
other Academy personnel, including the specific training
required for personnel who process allegations of sexual
harassment or sexual violence involving Academy personnel.
(c) Annual Assessment.--
(1) The Secretary shall direct the Superintendent to
conduct an assessment at the Academy during each Academy
program year, to be administered by the Department of
Transportation, to determine the effectiveness of the
policies, training, and procedures of the Academy with
respect to sexual harassment and sexual violence involving
Academy personnel.
(2) For the assessment at the Academy under paragraph (1)
with respect to an Academy program year that begins in an
odd-numbered calendar year, the Superintendent shall conduct
a survey, to be administered by the Department, of Academy
personnel--
(A) to measure--
(i) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the Academy
reservation, that have been reported to officials of the
Academy; and
(ii) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the Academy
reservation, that have not been reported to officials of the
Academy; and
(B) to assess the perceptions of Academy personnel of--
(i) the policies, training, and procedures on sexual
harassment and sexual violence involving Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and sexual
violence involving Academy personnel; and
(iv) any other issues relating to sexual harassment and
sexual violence involving Academy personnel.
(d) Annual Report.--
(1) The Secretary shall direct the Superintendent of the
Academy to submit to the Secretary a report on sexual
harassment and sexual violence involving cadets or other
personnel at the Academy for each Academy program year.
(2) Each report under paragraph (1) shall include, for the
Academy program year covered by the report, the following:
(A) The number of sexual assaults, rapes, and other sexual
offenses involving cadets or other Academy personnel that
have been reported to Academy officials during the program
year and, of those reported cases, the number that have been
substantiated.
(B) The policies, procedures, and processes implemented by
the Superintendent and the leadership of the Academy in
response to sexual harassment and sexual violence involving
cadets or other Academy personnel during the program year.

[[Page 20924]]

(C) A plan for the actions that are to be taken in the
following Academy program year regarding prevention of and
response to sexual harassment and sexual violence involving
cadets or other Academy personnel.
(3) Each report under paragraph (1) for an Academy program
year that begins in an odd-numbered calendar year shall
include the results of the survey conducted in that program
year under subsection (c)(2).
(4)(A) The Superintendent shall transmit to the Secretary,
and to the Board of Visitors of the Academy, each report
received by the Superintendent under this subsection,
together with the Superintendent's comments on the report.
(B) The Secretary shall transmit each such report, together
with the Secretary's comments on the report, to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.

SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME
COMMUNITIES.

(a) In General.--Title 46, United States Code, is amended
by inserting the following new chapter after chapter 539:

``CHAPTER 541--MISCELLANEOUS

``Sec.
``54101. Assistance for small shipyards and maritime communities

``Sec. 54101. Assistance for small shipyards and maritime
communities

``(a) Establishment of Program.--Subject to the
availability of appropriations, the Administrator of the
Maritime Administration shall execute agreements with
shipyards to provide assistance--
``(1) in the form of grants, loans, and loan guarantees to
small shipyards for capital improvements; and
``(2) for maritime training programs to foster technical
skills and operational productivity in communities whose
economies are related to or dependent upon the maritime
industry.
``(b) Awards.--In providing assistance under the program,
the Administrator shall--
``(1) take into account--
``(A) the economic circumstances and conditions of maritime
communities;
``(B) projects that would be effective in fostering
efficiency, competitive operations, and quality ship
construction, repair, and reconfiguration; and
``(C) projects that would be effective in fostering
employee skills and enhancing productivity; and
``(2) make grants within 120 days after the date of
enactment of the appropriations Act for the fiscal year
concerned.
``(c) Use of Funds.--
``(1) In general.--Assistance provided under this section
may be used--
``(A) to make capital and related improvements in small
shipyards located in or near maritime communities;
``(B) to provide training for workers in communities whose
economies are related to the maritime industry; and
``(C) for such other purposes as the Administrator
determines to be consistent with and supplemental to such
activities.
``(2) Administrative costs.--Not more than 2 percent of
amounts made available to carry out the program may be used
for the necessary costs of grant administration.
``(d) Prohibited Uses.--Grants awarded under this section
may not be used to construct buildings or other physical
facilities or to acquire land unless such use is specifically
approved by the Administrator in support of subsection
(c)(1)(C).
``(e) Matching Requirements; Allocation.--
``(1) Federal funding.--Except as provided in paragraph
(2), Federal funds for any eligible project under this
section shall not exceed 75 percent of the total cost of such
project.
``(2) Exception.--If the Administrator determines that a
proposed project merits support and cannot be undertaken
without a higher percentage of Federal financial assistance,
the Administrator may award a grant for such project with a
lesser matching requirement than is described in paragraph
(1).
``(3) Allocation of funds.--The Administrator may not award
more than 25 percent of the funds appropriated to carry out
this section for any fiscal year to any small shipyard in one
geographic location that has more than 600 employees.
``(f) Applications.--
``(1) In general.--To be eligible for assistance under this
section, an applicant shall submit an application, in such
form, and containing such information and assurances as the
Administrator may require, within 60 days after the date of
enactment of the appropriations Act for the fiscal year
concerned.
``(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
``(A) a comprehensive description of--
``(i) the need for the project;
``(ii) the methodology for implementing the project; and
``(iii) any existing programs or arrangements that can be
used to supplement or leverage assistance under the program.
``(3) Procedural safeguards.--The Administrator, in
consultation with the Office of the Inspector General, shall
issue guidelines to establish appropriate accounting,
reporting, and review procedures to ensure that--
``(A) grant funds are used for the purposes for which they
were made available;
``(B) grantees have properly accounted for all expenditures
of grant funds; and
``(C) grant funds not used for such purposes and amounts
not obligated or expended are returned.
``(4) Project approval required.--The Administrator may not
award a grant under this section unless the Administrator
determines that--
``(A) sufficient funding is available to meet the matching
requirements of subsection (e);
``(B) the project will be completed without unreasonable
delay; and
``(C) the recipient has authority to carry out the proposed
project.
``(g) Audits and Examinations.--All grantees under this
section shall maintain such records as the Administrator may
require and make such records available for review and audit
by the Administrator.
``(h) Small Shipyard Defined.--In this section, the term
`small shipyard' means a shipyard facility in one geographic
location that does not have more than 1,200 employees.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to the Administrator of the
Maritime Administration for each of fiscal years 2009 through
2013 to carry out this section--
``(1) $5,000,000 for training grants; and
``(2) $25,000,000 for capital and related improvements.''.
(b) Conforming Amendment.--Section 3506 of the National
Defense Authorization Act for Fiscal Year 2006 (46 U.S.C.
53101 note) is repealed.

SEC. 3509. MARINE WAR RISK INSURANCE.

Section 53912 of title 46, United States Code, is amended
by striking ``December 31, 2010.'' and inserting ``December
31, 2015.''.

SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS.

Section 501(b) of title 46, United States Code, is amended
to read as follows:
``(b) By Head of Agency.--When the head of an agency
responsible for the administration of the navigation or
vessel-inspection laws considers it necessary in the interest
of national defense, the individual, following a
determination by the Maritime Administrator, acting in the
Administrator's capacity as Director, National Shipping
Authority, of the non-availability of qualified United States
flag capacity to meet national defense requirements, may
waive compliance with those laws to the extent, in the
manner, and on the terms the individual, in consultation with
the Administrator, acting in that capacity, prescribes.''.

SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT
PERSONNEL AND CERTAIN CARGOES.

(a) In General.--Section 55305(b) of title 46, United
States Code, is amended--
(1) by striking ``country'' and inserting ``country,
organization, or persons'';
(2) by inserting ``or obtaining'' after ``furnishing''; and
(3) by striking ``commodities,'' the first place it appears
and inserting ``commodities, or provides financing in any way
with Federal funds for the account of any persons unless
otherwise exempted,''.
(b) Other Agencies.--Section 55305(d) of title 46, United
States Code, is amended to read as follows:
``(d) Programs of Other Agencies.--
``(1) Each department or agency that has responsibility for
a program under this section shall administer that program
with respect to this section under regulations and guidance
issued by the Secretary of Transportation. The Secretary,
after consulting with the department or agency or
organization or person involved, shall have the sole
responsibility for determining if a program is subject to the
requirements of this section.
``(2) The Secretary--
``(A) shall conduct an annual review of the administration
of programs determined pursuant to paragraph (1) as subject
to the requirements of this section;
``(B) may direct agencies to require the transportation on
United States-flagged vessels of cargo shipments not
otherwise subject to this section in equivalent amounts to
cargo determined to have been shipped on foreign carriers in
violation of this section;
``(C) may impose on any person that violates this section,
or a regulation prescribed under this section, a civil
penalty of not more than $25,000 for each violation willfully
and knowingly committed, with each day of a continuing
violation following the date of shipment to be a separate
violation; and
``(D) may take other measures as appropriate under the
Federal Acquisition Regulations issued pursuant to section
25(c)(1) of the Office of Federal Procurement Policy Act (41
U.S.C. 421(c)(1) or contract with respect to each
violation.''.
(c) Regulations.--The Secretary of Transportation shall
prescribe such rules as are necessary to carry out section
55305(d) of title 46, United States Code. The Secretary may
prescribe interim rules necessary to carry out section
55305(d) of such title. An

[[Page 20925]]

interim rule prescribed under this subsection shall remain in
effect until superseded by a final rule.
(d) Change of Year.--Section 55314(a) of title 46, United
States Code, is amended by striking ``calendar'' each place
it appears and inserting ``fiscal''.

SEC. 3512. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.

(a) In General.--The Secretary of Transportation, acting
through the Administrator of the Maritime Administration (in
this section referred to as the ``Administrator''), may
establish a Port of Guam Improvement Enterprise Program (in
this section referred to as the ``Program'') to provide for
the planning, design, and construction of projects for the
Port of Guam to improve facilities, relieve port congestion,
and provide greater access to port facilities.
(b) Authorities of the Administrator.--In carrying out the
Program, the Administrator may--
(1) receive funds provided for the Program from Federal and
non-Federal entities, including private entities;
(2) provide for coordination among appropriate governmental
agencies to expedite the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
projects carried out under the Program;
(3) provide for coordination among appropriate governmental
agencies in connection with other reviews and requirements
applicable to projects carried out under the Program; and
(4) provide technical assistance to the Port Authority of
Guam (and its agents) as needed for projects carried out
under the Program.
(c) Port of Guam Improvement Enterprise Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account to be known as the
``Port of Guam Improvement Enterprise Fund'' (in this section
referred to as the ``Fund'').
(2) Deposits.--There shall be deposited into the Fund--
(A) amounts received by the Administrator from Federal and
non-Federal sources under subsection (b)(1);
(B) amounts transferred to the Administrator under
subsection (d); and
(C) amounts appropriated to carry out this section under
subsection (f).
(3) Use of amounts.--Amounts in the Fund shall be available
to the Administrator to carry out the Program.
(4) Administrative expenses.--Not to exceed 3 percent of
the amounts appropriated to the Fund for a fiscal year may be
used for administrative expenses of the Administrator.
(5) Availability of amounts.--Amounts in the Fund shall
remain available until expended.
(d) Transfers of Amounts.--Amounts appropriated or
otherwise made available for any fiscal year for an
intermodal or marine facility comprising a component of the
Program shall be transferred to and administered by the
Administrator.
(e) Limitation.--Nothing in this section shall be construed
to authorize amounts made available under section 215 of
title 23, United States Code, or any other amounts made
available for the construction of highways or amounts
otherwise not eligible for making port improvements to be
deposited into the Fund.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund such sums as may be necessary
to carry out this section.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Skelton) and the gentleman from California (Mr. Hunter)
each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.

General Leave

Mr. SKELTON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SKELTON. Mr. Speaker, I yield myself such time as I might
consume.
Mr. Speaker, I am very proud to bring the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 to the floor today for
approval by the House.
This bill represents a final agreement reached with the Senate, and I
believe it can pass the Senate, which is critical, of course. The
troops and their families need these authorities by September 30.
It's important to note this agreement was reached in a very short
period of time. While the House finished its work back in May, the
Senate approved its version of the bill just one week ago today.
The two Armed Services Committees have been working overtime ever
since, and as a result we have not been able to provide all of the
notice and time for examination of the bill that we normally would. I
regret that fact. But I can assure the House that we observed all of
the long-standing traditions of fairness and bipartisanship this
committee is known for.
My good friend, Duncan Hunter, and his team of members and his staff
have been involved in every step of this process, and we have also
worked hard to consult with the outside committees on the issues that
are within their jurisdiction. We also placed the completed bill and
report language on our Web site as soon as it was done last evening.
This is a good bill. It authorizes $531.4 billion for the Department
of Defense and the national security programs of the Department of
Energy. It also authorizes $68.6 billion to support ongoing military
operations in Iraq and Afghanistan during fiscal year 2009, a similar
amount to that which passed the House in May.
To restore readiness, this agreement provides $8.6 billion for the
Army and $1.8 billion for the Marine Corps to repair and replace
equipment. This agreement also provides $800 million for National Guard
and Reserve equipment. To help manage demands placed on our
servicemembers by our military obligations, the agreement increases the
size of the military by 7,000 soldiers, 5,000 marines, over 1,000
sailors and 450 airmen.
To improve the quality of life for our forces and their families, the
agreement provides a 3.9 percent pay raise for the troops, which is .5
percent more than the President's budget request. The agreement also
preserves important health care benefits by prohibiting fee increases
in TRICARE and the TRICARE pharmacy program and creating new preventive
health care initiatives to improve the readiness of our force.
Finally, I would like to say a word about the person for whom this
bill is named, as well as for others who helped us get the bill done
under an extraordinary time frame. Duncan Hunter has been a tireless
advocate for the troops and a great partner, as well as a personal
friend to me. The Armed Services Committee will miss him. I think it's
deeply appropriate that we name this bill for him.
I also want to thank all the members of the Armed Services Committee,
particularly the subcommittee chairmen and the ranking members.
Finally, I wish to thank the bipartisan staff, fantastic staff, they
couldn't be better. Our committee has been blessed with such a staff,
and they have worked tirelessly to help get this bill negotiated and
completed. It is an excellent bill. It's urgently needed by our
military, and I urge my colleagues in the House, as well as in the
Senate, to vote for the National Defense Authorization Act for Fiscal
Year 2009, which is named for and in honor of Duncan Hunter, the
ranking member, former chairman of this committee.
Mr. Speaker, I reserve the balance of my time.
Mr. HUNTER. Mr. Speaker, I yield myself such time as I might consume.
To my great friend, Ike Skelton, and all my colleagues on the Armed
Services Committee, it is an undeserved honor, but I want to thank you
for the wonderful job that you have all done in putting this bill
together.
This bill would not be, with all of the exigencies that we have had,
and all of the difficulties in the other body to get their bill up,
this bill would not be before this body now if it wasn't for the
leadership of Ike Skelton.
There are a lot of military institutions in Missouri and around this
country which teach members of the uniformed services leadership, but
there is another institution which exhibits leadership every day, as
chairman of this committee, and that's our chairman, Ike Skelton.

{time} 1030

Ike worked this thing through a difficult period of time, with the
emergencies that are emanating right now in the Capitol and the major
economic

[[Page 20926]]

emergency which is distracting lots of folks who otherwise could be
working on this bill. Time schedules have been extremely difficult, and
Ike Skelton, in his quiet way with his quiet leadership and his
corporate understanding, he is the main body of history for the Armed
Services Committee. He is the guy who remembers not only what happened
in this committee 10 and 20 and 30 and 40 years ago, but also what
happened in the wars that this Nation fought and what happened in that
institution across the river known as the Pentagon. And being able to
recall that history at important times in our deliberative processes is
a great, great asset to this Nation. Ike, I want to congratulate you.
This is your bill. It may have my name on it, but this is your bill.
You brought this thing through to the House floor in the most difficult
circumstances. Not only that, it is a wonderful bill.
The chairman has talked a lot about the details of the bill. This is
an authorization of $531.4 billion. It does authorize a $68.6 billion
bridge fund; a bridge fund, I might add, that was an initiative of the
Armed Services Committee several years ago.
We looked at our troops in Afghanistan and Iraq and said they are
going to have to have the equipment and the resources during the later
months in the calendar year before that spring supplemental arrives,
and we came up with the bridge fund. The President followed our lead.
The appropriators have followed our lead, and it has been an excellent
vehicle allowing us to maintain in these warfighting theaters while we
are waiting for the next funding vehicle. My congratulations to Ike for
that.
We do have a good pay raise for the members of the armed services, a
3.9 percent pay raise. You know, this bill does several other things,
and I will speak generally about them. It leverages American strengths.
It leverages American strengths by continuing to keep the line warm,
for example, on F-22 which is a key weapon system because it is a
weapon system with the capability to penetrate air defenses that are
here today and which may be here tomorrow. It leverages two great
American innovations: stealth and precision weapons.
I would urge all of my colleagues as we go into this very difficult,
very dangerous era for the United States, to continue to put pressure
on and to produce American leverage. And stealth and precision
technology are two of those items of technology, as is undersea
technology. And we are moving toward an acceleration of the submarine
program in this bill. That is very critical.
One disappointment I have is we are not doing enough in space. I
would just say to my colleagues that the shooting down of a satellite
by China this last year heralded a new era of military competition in
space with China whether we like it or not. When you are in a military
competition, there is only one alternative and that is to win. So I
would urge this committee to continue in the years ahead to build a
capability in space to make sure that we maintain all of the
institutions and the apparatus that we need there to make sure that our
military operates effectively here and that our economy operates
effectively here.
Also in the area of missile defense, we are moving ahead to try to
establish a missile defense capability in Europe that would handle
through that throat of approach out of an Iranian missile launch that
might take place 5 years or 10 years or 15 years from now, or perhaps
even earlier. That is an important item because that brings the
partnership, the NATO-plus partnership of the newly freed captive
nations, but also the NATO membership, along with us in what is
sometimes a difficult path, an expensive path, but nonetheless a
necessary path to defend the world in this new era of missiles.
Mr. Speaker, there are a lot of excellent items in this bill. In the
end they all go down to and reflect on and focus on the most important
warfighting leverage that the United States have, and that is the men
and women of this country who wear the uniform of the United States.
I just want to commend my colleagues for the wonderful job that they
have done in making sure that the men and women of the United States
have the right equipment and the right incentives and good pay and good
quality of life for their families such that when I was in a recruiting
office the other day, and no I wasn't signing up, but when I was in one
of the old Army recruiting offices in good old San Diego, the one
shortage that they had, the one specialty, military occupational
specialty that they had which was not available because too many people
had subscribed for it and too many people had signed up for it was
infantry.
And I thought in these dangerous theaters of Iraq and Afghanistan,
the idea that we have more people than we need signing up for the
United States infantry is a reflection largely on this committee.
We have two Members who are retiring, the great Mr. Everett of
Alabama and the great Mr. Saxton of New Jersey. Mr. Udall is moving on
to another race, and we wish him well in his endeavors. But those two
gentlemen are retiring.
Terry Everett has done more good for this country behind closed doors
than a lot of folks have done with lots of press conferences and lots
of pronouncements. The quiet man. I know that Mrs. Tauscher held a nice
going-away party for Mr. Everett that I thought was well-deserved. He
is a quiet man who has done so much for this country behind closed
doors and is such a valuable asset to the United States.
And Mr. Saxton, who years before the war against terror started was
the chairman of the Task Force on Terrorism here in the House who did
lots of research and did lots of prediction that this would be the
conflict and the challenge of this new era.
Jimmy Saxton is owed a debt of gratitude by everybody who wears those
special forces uniforms around the world. Whether they are Seals or
Army Rangers or Green Berets, Jimmy Saxton has devoted many years to
making sure that they have gotten what they need. What a wonderful
member of this committee he has been.
It is with a little touch of sadness that I am here on this last bill
that I am going to be involved in with this undeserved honor of having
my name on this bill, which is a case of more generosity than was
deserved by the chairman and the members, but it has been an honor to
serve on this committee. It is a wonderful bipartisan committee,
probably the most bipartisan in the House of Representatives, always
with our focus on the security of the United States, even in difficult
economic times like these. This committee has a very excellent focus on
what is important to keep that number one requirement, that number one
Constitutional mandate on government, and that is our first obligation
is to protect our people. This committee does a great job.
I reserve the balance of my time.
Mr. SKELTON. I yield 2 minutes to my friend, the chairman of the
Subcommittee on Readiness, the gentleman from Texas (Mr. Ortiz).
Mr. ORTIZ. Mr. Speaker, I thank the chairman.
I rise in support of this bill before us today. I would like to thank
Chairman Skelton and of course my good friend, Ranking Member Duncan
Hunter. I value his friendship. We have traveled many places around the
world visiting our troops and looking at their needs. Thank you for
your leadership, and I value your friendship, Duncan.
Mr. HUNTER. If the gentleman would yield.
Mr. ORTIZ. I yield.
Mr. HUNTER. I thank the gentleman. I remember being with him when the
82nd Airborne jumped into Honduras, when the Sandinistas came across
the border, and I remember the press conference that was held after
that. The gentleman's statements were so inspiring, I have never
forgotten them. We have been in many parts of the world, the last time
up on the DMZ watching the North Koreans. The gentleman has been a real
leader in this committee, and I really appreciate it.
Mr. ORTIZ. I thank the gentleman.
I also want to thank the gentleman from Virginia (Mr. Forbes) for his
help

[[Page 20927]]

in bringing together this excellent bill. And I would like to thank my
staff because they did a heck of a good job meeting with Senate staff
and many other committees before bringing this bill to the House floor.
I am proud to say this bill focuses on restoring the readiness of our
military. However, there is much work to be done. Significant
investments will need to be made in the upcoming years by Congress and
the next administration or we will risk breaking our forces.
This bill continues the work of the Armed Services Committee to
restore readiness by authorizing $154 billion for operations,
maintenance and training, and $25 billion for military construction.
And $8.6 billion for the Army and $1.8 billion for the Marine Corps was
authorized for the repair and replacement of equipment.
To address depot workloads following equipment reset, the bill
requires the Department of Defense to contract for an independent
assessment of the depot capability that will be needed in the future.
The bill takes positive steps to restrain the Department of Defense's
increased reliance on the use of contractors to perform critical
functions, including development of a single definition of ``inherently
governmental,'' development of policies on personal conflicts of
interest, and limits on personal service contracts.
We continue to take steps to look out for our deployed civilian
employees by lifting limits on premium pay and allowing them to
voluntarily sign up for additional life insurance.
But I am concerned that the bill does not address the Department of
Defense's aggressive use of public-private competitions.
I ask my colleagues to support this bill. It is a very good bill.
Mr. HUNTER. I yield 2 minutes to the gentleman from Alabama, a very
distinguished gentleman, Mr. Everett.
Mr. EVERETT. I thank my good friend, Mr. Hunter, for yielding to me,
and thank him for his friendship, his counsel, and his undeserved kind
words about me. He has been a tireless advocate for our men and women
in uniform, and this bill fittingly bears his name.
I want to congratulate the gentleman from Missouri (Mr. Skelton) and
the gentlewoman from California (Mrs. Tauscher). She has shown great
thought, candor and leadership in guiding the Strategic Forces
Subcommittee forward.
I want to rise in strong support of this bill. This is a good bill.
It provides vital resources for our armed forces, and strengthens our
Nation's strategic forces. Our committee has worked well and worked
together in a bipartisan, bicameral manner to produce this important
legislation.
I am pleased that it restores $124 million for the European missile
defense sites, and modifies conditions that would allow construction to
begin.
Since May, both the Czech Republic and Poland have signed missile
defense agreement. Iran continues to test longer-range missiles and
ignore questions about their nuclear program.
The efforts reflects a shared commitment to our collective security.
Therefore, I want to personally commend the Czech and Polish
governments and encourage swift ratification of the agreements.
Mr. Speaker, I would be remiss if I did not recognize my fellow
subcommittee members on both sides of the aisle and their staffs. We
tackled complex issues such as space, missile defense and nuclear
weapons, and do such with openness, diligence and professionalism.
Let me finish with this troubling statistic. China graduated 500,000
engineers. India graduated 200,000 engineers, and the United States
graduated 70,000. We have some serious challenges ahead of us to
maintain our technical leadership in space.
I would like my complete statement put in the Record.
Mr. Speaker, I thank my good friend, Mr. Hunter for yielding to me,
and thank him for his friendship and counsel. Mr. Hunter has been a
tireless advocate for our men and women in uniform and it is fitting
for this defense bill to bear his name.
I also want to recognize and congratulate the gentleman from
Missouri, Mr. Skelton, and especially the gentlewoman from California,
Mrs. Tauscher.
She has shown great thought, candor, and leadership in guiding the
Strategic Forces subcommittee forward.
I rise in support of the Ducan Hunter Fiscal Year 2009 National
Defense Authorization Act.
This is a good bill that provides vital resources for our armed
forces, and strengthens our nation's strategic forces.
Our committee has worked together in a bi-partisan, bicameral manner
to produce this important national security legislation.
This bill makes some noteworthy improvements over the version passed
by the House in May.
I am pleased that it restores $124 million for the European missile
defense sites, and modifies conditions that would allow construction to
begin.
Since May, both the Czech Republic and Poland have signed missile
defense agreements. Iran continues to test longer-range missiles and
ignore questions about its nuclear program.
These efforts reflect a shared commitment to our collective security.
Therefore, I want to personally commend the Czech and Polish
governments, and encourage swift ratification of the agreements.
We continue to endorse the development and fielding of near-term
missile defense capabilities. The bill--
Increases Aegis Ballistic Missile Defense and THAAD by $120 million;
and
Authorizes Ground-based Midcourse Defense (GMD) at the budget
request.
The bill also restores some funds to key future capabilities,
specifically Airborne Laser, K-E-I and the Multiple Kill Vehicle.
I am disappointed that an independent study to examine the
feasibility of space-based interceptors was not included in the
agreement. With other nation's antisatellite pursuits and missile
threats becoming more sophisticated, I felt it was time to study the
viability of such technology.
I remain concerned about the Department's performance in its missile
defense testing and targets program.
I am, however, committed to working with them to ensure the
conditions for success are in place, so we can build greater confidence
in our defense capabilities.
In the area of military space, the bill funds key space modernization
programs such as SBIRS, G-P-S-III, W-G-S, and T-SAT. We included a
provision that requires the Secretary of Defense and the Director of
National Intelligence to review our communications bandwidth
requirements--to ensure we have the capabilities in place to support
our future weapons systems.
Within the area of atomic energy defense activities, the bill
reflects broad bipartisan agreement. The bill--
Adds funds for key nuclear surety and weapons surveillance
activities;
Establishes a nonproliferation scholarship program for college
students; and
Directs an assessment of how to increase the security of nuclear
weapons around the world.
We also emphasize that the Department of Defense should pay greater
attention to nuclear weapons matters, particularly in light of recent
nuclear mishaps.
The next administration will be faced with tough decisions about our
Nation's aging nuclear infrastructure, weapons systems, and workforce.
I was disappointed that we did not fund the Reliable Replacement
Warhead Phase 2a study. I ask my colleagues to take a hard look at this
concept.
It has the potential to provide our Nation with a safer, more secure,
and reliable nuclear deterrent, that may permit greater reductions in
our stockpile.
Finally, Mr. Speaker, I would be remiss if I did not recognize my
fellow subcommittee members on both sides of the aisle, and their
staffs. We tackle complex issues such as space, missile defense, and
nuclear weapons policy, and do so with openness, diligence, and
professionalism.
As the Strategic Forces former chairman and now ranking member, I
have had the great fortune to meet incredibly hard-working, talented
space, nuclear, missile defense, and intelligence professionals.
However, they need our help and continued support.
I heard a troubling statistic this morning:
China graduated 500,000 engineers.
India graduated 200,000.
The United States only graduated 70,000.
We have some serious challenges ahead of us to maintain our technical
leadership.
During my 16 years in the House, it has been an honor and privilege
to work on the Armed Services Committee to enhance our nation strategic
forces capabilities, strengthen our national security, and support our
men and women in uniform.

[[Page 20928]]

Mr. SKELTON. I yield 2 minutes to the gentlewoman from California
(Mrs. Tauscher), the chairman of the Subcommittee on Strategic Forces.
Mrs. TAUSCHER. Mr. Speaker, I thank the chairman of the full
committee and congratulate the ranking member, Mr. Hunter, for his
service and his friendship. And I want to say how much it has been a
pleasure to work on this bill with my friend and ranking member, the
representative from Alabama, Mr. Everett. This is his last defense
authorization bill, and I want to thank him for his wisdom and his
leadership and his friendship. Godspeed on your retirement, Mr.
Everett.
This legislation reflects three crucial themes. First, it ensures the
safety, security and reliability of our nuclear deterrent. The bill
urges the Secretary to clarify lines of responsibility for nuclear
weapons.
It authorizes $6.6 billion for the Stockpile Stewardship Program, but
does not fund the reliable replacement warhead.
Second, the bill emphasizes missile defense systems that address
near-term threats to the United States with more deliberate development
of less mature systems to meet longer-term threats.
The bill authorizes $8.9 billion for the Missile Defense Agency which
is $410 million less than the President's request, but $270 million
above last year's funded level.
The bill allows construction of the European radar site upon final
approval from the host nation, but prohibits construction of the
European interceptor site proposed for Poland until both Poland and the
Czech Republic have given final approval.
The bill provides an additional $100 million for the Aegis BMD and
THAAD programs, and increases funding for the U.S.-Israel missile
defense programs.
Third, this legislation authorizes major space programs and requires
the Department of Defense and the Director of National Intelligence to
jointly plan on meeting national security bandwidth needs.

{time} 1045

We have a fabulous staff on the subcommittee, very, very energetic
and hardworking members.
Mr. Speaker, this is a strong bill. I thank everyone for their
support, and I urge its adoption.
Mr. HUNTER. I would yield to Mr. Thornberry, the distinguished
gentleman from Texas, 2 minutes.
Mr. THORNBERRY. Mr. Speaker, I rise in support of this defense
authorization bill, appropriately named for our colleague from
California, who has done so much to serve and to strengthen the United
States during his time here and before.
Mr. Speaker, as we are here on the floor, the Armed Services
Committee is receiving testimony from a distinguished retired general
who is there to remind us that whatever strategy the United States has
in the future, it must be to win the wars we are in, not just end them.
That is certainly the philosophy that I think the terrorism portion of
this bill brings to the table, that portion of the bill that reminds us
that this country is still at war against a radical enemy who seeks to
hurt as many of us as possible, that portion of the bill extends and
expands some of the key authorities that enable us to work with other
militaries, other security forces so that we can have that battle on
their soil rather than having them here.
That portion of the bill also acknowledges that we are not just in a
kinetic struggle, we're in an ideological struggle, and tries to take
some steps forward to deal with issues such as strategic
communications.
That portion of the bill also acknowledges that we have to bring the
whole government to this fight. It can't be something that just the
military alone does, but we need the full range of capabilities by the
United States Government, and we've had a problem in doing that.
Overall, I think this bill helps make the country stronger and safer,
and I believe that all Members should support it.
Mr. SKELTON. Mr. Speaker, I yield 2 minutes to my friend and
colleague, the gentleman from Mississippi, the chairman of the
Subcommittee on Sea Power, Mr. Taylor.
Mr. TAYLOR. I want to thank the chairman of our committee and our
ranking member for working together to help Mr. Bartlett and I put
together what we think is an excellent package on the Navy and Marine
Corps programs.
Mr. Speaker, we took the $14 billion that the President of the United
States had asked for in shipbuilding to build seven ships, and because
of the good work of Captain Ebbs on our subcommittee and Ms. Simler, we
were able to stretch that out to 10 ships by setting other priorities.
We didn't quite get the package that originally passed the House due
to some concessions to the Senate, but we did give the Secretary of the
Navy the leeway to return to building the DD-51 program, rather than
the DD-1000, should he deem that be in the best interest of our Nation.
I think it is.
Additionally, we have $1.6 billion in funding for the National
Sealift Fund. For the Maritime Administration we have about $878
million, which includes money for the Merchant Marine Academy, Military
Sealift program, Assistance to Small Shipyards, and $30 million for the
vital title XI program.
We've also given the Maritime Administration, working with the
Senate, the language to make adjustments at the Merchant Marine
Academy, so that their very generous alumni can continue to contribute
to that institution, and those funds help subsidize the cost of it.
I want to point out that with the great help of my ranking member,
Mr. Bartlett, we have taken a second huge step as a Nation to lessen
our Nation's military vulnerabilities to having our fuel cut off. Last
year, with his help, we determined that the next generation of cruisers
would be nuclear-powered. This year, again with his assistance, we're
going to see to it that the next generation of marine amphibious
assault ships will have nuclear propulsion, which means that we don't
have to call on Hugo Chavez or the Iranians to get our vessels from one
place to another, and that is a huge step on the part of this Nation
towards energy independence.
Again, I want to thank the chairman and our ranking member. We have
about $14 billion in for shipbuilding. We have another $14 billion in
for planes and helicopters for the Navy and Marine Corps, $10 billion
for weapons, ammunition, vehicles and equipment upgrades for the Navy
and Marine Corps. Again, none of this could have been done without the
tremendous assistance of my ranking member from Maryland (Mr.
Bartlett).
Mr. HUNTER. I would yield to Mr. Bartlett, the gentleman from
Maryland, a very distinguished gentleman and one of our great leaders
on the Armed Services Committee, 2 minutes.
Mr. BARTLETT of Maryland. Mr. Speaker, I strongly encourage my
colleagues to suspend the rules and pass the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009.
As ranking member of the Seapower and Expeditionary Forces
Subcommittee, I applaud the efforts that Chairman Skelton, Ranking
Member Hunter and Chairman Taylor have made to negotiate a final
package with the Senate under extraordinarily constrained
circumstances, the shortest conference in history, I think.
I want to thank the staff for their invaluable contributions. This
bill does an excellent job of meeting the needs of our soldiers,
sailors, aviators and marines.
The bill fully funds the next generation carrier, the next Virginia
class submarine, and provides advanced procurement funding that would
smooth the ramp for construction of two Virginia class submarines per
year. This bill authorizes and fully funds two T-AKEs and two Littoral
Combat Ships.
The bill would also provide advance procurement for a DDG-51
destroyer, which the Navy has testified would better meet their
requirements. We have still provided sufficient funding for DDG-1000 to
give the Navy options and flexibility for the procurement of surface
combatants.

[[Page 20929]]

Additionally, the bill extends the House commitment to expand nuclear
propulsion for shipbuilding. In addition to next generation cruisers,
the bill would also require that future amphibious assault vessels
include nuclear power.
Finally, Mr. Speaker, I would like to congratulate several of our
colleagues who are retiring at the end of this Congress. Duncan Hunter,
Jim Saxton and Terry Everett have my deepest respect and gratitude.
Thank you for your dedication and service to our country and everything
you have done for the men and women in uniform.
Mr. Speaker, I ask my colleagues to support this bill.
Mr. SKELTON. Mr. Speaker, I yield 2 minutes to my friend, the
chairman of the Subcommittee on Terrorism, Unconventional Threats, and
Capabilities, the gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. First of all, I want to congratulate and
thank Chairman Skelton and Ranking Member Hunter. Their dedication to
making sure that we get a defense authorization bill done every year is
truly admirable and an amazing accomplishment. They understand the
importance of making sure that our committee sets the policy and the
direction for national security and military policy in this country,
and they are determined to get it done.
The challenges were great this year, and yet they still got us a bill
done on time and a bill that will really, really help the men and women
who are fighting for us in our Armed Services and help protect our
country. And that is a tribute to their leadership.
I also want to thank Ranking Member Thornberry on our subcommittee
for his great work. Our subcommittee, as he mentioned, is focused on
specifically the war against al Qaeda and violent extremists, with
jurisdiction over SOCOM and to handle unconventional threats.
I am proud that this bill fully funds SOCOM and their efforts to
protect us from terrorism across the globe. This bill also emphasizes
science and technology and our need to develop the best, most advanced
weapons to protect our military troops everywhere that they are
fighting.
I think this is an excellent bill, one that was not easy to
accomplish, and I'm very proud of what our subcommittee has
accomplished as well.
Mr. HUNTER. Mr. Speaker, I would yield to Mr. Akin, the very
distinguished gentleman from Missouri, 1 minute.
Mr. AKIN. Mr. Speaker, I would comment that one of the things that
the public would really like to see in Congress is for us to come down
here, put our partisan differences aside and actually solve some
problems. We don't always do a good job in that regard on many topics.
But this is quite an exception today. And I think it's a time that the
public can be very thankful for Chairman Skelton from the great State
of Missouri and also for Ranking Member Hunter. Both of them have
rolled their sleeves up and have put together an authorization bill
that actually deals with the problems that face our country and have a
very credible solution.
This is a ``hats off'' for people who've worked very hard. We're very
thankful to have a chance to get the bill passed, and it's that tone of
our leadership that is willing to solve problems instead of squabbling
like a bunch of cats. This is a very bright day. We're thankful for
that leadership.
Mr. SKELTON. Mr. Speaker, I yield 2 minutes to the chairman of the
Subcommittee on Military Personnel, the gentlewoman from California
(Mrs. Davis).
Mrs. DAVIS of California. Mr. Speaker, I rise in support of the
National Defense Authorization Act for Fiscal Year 2009.
I want to recognize the ranking member of the Military Personnel
Subcommittee, Mr. McHugh, for his contributions to this bill. It
provides significant personnel benefits and policies that are important
to our men and women in uniform and their families, and I believe it
merits full support.
Some of the highlights of the military personnel area include the
following: A 3.9 percent pay raise, an increase of .5 percent above the
President's request; prohibition on increases in TRICARE copays and
deductibles; preventing TRICARE pharmacy copay increases for a year;
establishing a tuition assistance program for eligible military
spouses; growing the end strength for the Army and the Marine Corps;
increasing full-time manning for the Army National Guard.
We also provided over $50 million for Impact Aid to local educational
agencies; increased the use of preventive care services by TRICARE
beneficiaries, including waiving copayments for preventive services and
creating smoking cessation programs.
Finally, this bill creates a Department of Defense task force on the
prevention of suicide.
Our Nation has been at war for 7 years. Repeated deployments continue
to take a hard toll on our servicemembers and their families, and the
bill before us recognizes their sacrifices and addresses the increasing
support that they and their families need to be trained and equipped
before, during and following a deployment.
Mr. Speaker, we would not be here today without the leadership of
Chairman Skelton and Ranking Member Hunter, and I want to wish my
colleague from San Diego well as he leaves the Congress. Chairman
Skelton and Ranking Member Hunter have gone through extraordinary
lengths to ensure that this Congress will have a defense authorization
bill. I also want to thank my subcommittee staff for all of their hard
work over the past year.
I urge my colleagues to support the bill.
Mr. HUNTER. I want to commend my seatmate from San Diego for her very
hard work on this bill and her leadership.
I yield 1 minute to Mr. McHugh, who over the many years has been one
of the great leaders in this country for what I call, when we used to
call the subcommittee the total force, which is the Guard, the Reserve,
the active duty, those 2\1/2\ million men and women who serve this
country so effectively, and to this guy who knows probably more about
them than just about anybody I've ever met and knows more about policy,
the gentleman from New York (Mr. McHugh).
Mr. McHUGH. I thank the gentleman for yielding. I'm very, very
flattered by his gracious comments as probably unmerited as they may
be.
Mr. Speaker, this is a bittersweet moment. It is sweet, or certainly
an uplifting moment because we are here on the floor with a defense
authorization bill. Had you asked anybody just a few weeks ago, I think
they would have suggested no, it couldn't be possible. Yet through the
incredible leadership of the gentleman from Missouri (Mr. Skelton) and
former chairman and now able ranking member, the gentleman from
California (Mr. Hunter), we are here, and we're not just here in
presence, we're here with an absolutely incredible bill.
I want to thank the gentlelady from California, my counterpart, the
Chair of the Personnel Subcommittee, for her leadership. As you look at
this bill, it meets the absolute first criteria of any effective DOD
authorization bill, taking care of the troops.
You heard the gentlelady recount the very positive things in this
bill, and I couldn't agree with her more. I'm proud to be even remotely
associated with that.
I would also say, this is a triumphant staff. We are served
incredibly well, day in and day out, by our professional staff members.

{time} 1100

Never have they distinguished themselves more than they have this
year. To do what it usually takes 6, 7, 8, 9 weeks and more in a matter
of days is just an achievement that rings so very solidly to their
credit but also is important to the goodwill of the Members.
But I will tell you, this is a sad moment. This bill is very
appropriately named after my colleague, my leader, Duncan Hunter, but
he is taking with him the kind of dedication, devotion, and leadership
that are not easily replaced, and he will be sorely, sorely

[[Page 20930]]

missed, and certainly as a friend I will miss him dearly.
But just to kind of add insult to injury, he's taking with him two
great Members, Terry Everett and Jim Saxton, folks who have led this
committee and done so much good. But we carry forward in their great
tradition. This is a great bill in their memory, and I urge my
colleagues to support it.
Mr. SKELTON. Mr. Speaker, at this time, I yield 90 seconds to the
gentlelady from New Hampshire for the purpose of a colloquy.
Ms. SHEA-PORTER. I thank the gentleman.
I rise today in strong support for the men and women of the
Portsmouth Naval Shipyard. The Portsmouth Naval Shipyard has prepared a
detailed capital improvement program that elevates their shipyard from
the gold standard to the platinum standard. It will ensure that the
Portsmouth Naval Shipyard is prepared to meet future challenges
required of the Navy's long-term ship repair vision. I support this
long-term capital investment strategy and believe that it is incumbent
on the Congress to support all of our public shipyards and, most
importantly, the Portsmouth Naval Shipyard Capital Improvement Program.
I yield to the gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. I thank the gentlelady for raising this important issue.
I also commend her for her long-standing support and advocacy for the
Portsmouth Naval Shipyard.
At her request to the committee to support critical facility
improvement projects in this year's bill, I am delighted to inform her
that we have included over $30 million in capital improvement projects,
including a critical Waterfront Support Facility and a Consolidated
Component Improvement Facility.
I would also like to make it clear for the record that due to a
clerical error, Ms. Shea-Porter's name was not included in the
transparency table that accompanied the bill showing that she had
requested the Waterfront Support Facility. This was an oversight and
will be corrected in an addendum to show that she had requested and
supported the addition of these facilities in the bill.
I commend her for her strong support of the shipyard and would
support her continued advocacy for this critical national asset.
Ms. SHEA-PORTER. I appreciate the chairman's support for my request
to include these projects in this year's National Defense Authorization
Act and, most importantly, the chairman's support of the men and women
at the Portsmouth Naval Shipyard.
Mr. HUNTER. Mr. Speaker, let me just conclude by again reflecting on
the great leadership of Ike Skelton that brought this bill to the floor
under such difficult circumstances. It's a great bill.
And lastly, to just reinforce a point that's been made by a number of
speakers, you know, this is a city which really, whether you have a
military crisis or an economic crisis, needs honest brokers, and those
are people that can look at interested parties and make a decision that
is made for the right reasons and made on the merits. This committee
could not function, this Congress couldn't function, if we didn't have
incredible, professional staff who can look right through a dozen
conflicting interests and see one interest that should dominate the
scene, and that's the American interest, the right thing to do.
And our professional staff members have that capability, and they
have great character, and they have a lot of character, and in many
cases, they are characters. Erin Conaton and Bob Simmons are the former
staff director and the staff director, and their team have done such a
great job of bringing this bill together, and only people in whom you
could vest enormous amounts of trust could accomplish what they've
accomplished.
I just want to commend them for this incredible undertaking that's
been the last couple of weeks. They are all so sleepy right now they
really just want to finish this thing and get off the floor. But let's
thank them for what they've done for this country. We appreciate you.
With that, Mr. Speaker, I yield back my time.
Mr. SKELTON. Mr. Speaker, at this time, I yield 1 minute to my friend
and colleague, the gentlelady from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Mr. Speaker, I rise today to express my
disappointment that the provision I drafted, that would prohibit
private security contractors from performing inherently governmental
functions in combat areas, was stripped from this bill. The House
unanimously adopted this provision, and the Senate bill contained a
nearly identical provision.
I am extremely disappointed that the Bush administration threatened
to veto this bill over this commonsense provision, forcing the Armed
Services Committee to only include a sense of Congress on the use of
private military contractors in this legislation.
The horrible incidents like that involving Blackwater Worldwide in
which 17 Iraqi civilians were killed, for which no one has yet been
held accountable, have damaged our already tattered image in the eyes
of the Iraqi people. Private contractors are being tasked with
extremely sensitive jobs like gathering intelligence and providing
armed security, and they severely damage the credibility of our
military with their sometimes violent and almost always unaccountable
behavior.
Inherently government functions should be performed by people in the
U.S. military or who are U.S. Government personnel, people who proudly
wear the badge of the U.S. and pledge their allegiance to it.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SKELTON. I yield the gentlelady an additional 15 seconds.
Ms. SCHAKOWSKY. I thank the gentleman.
Despite the administration's senseless decision to protect Blackwater
and companies like it, I will continue to fight to make sure this won't
happen.
And I thank the gentleman for letting me say this remark.
Mr. SKELTON. Let me compliment the gentlelady from Illinois (Ms.
Schakowsky) on her interest and her work on this issue, and I think in
the days ahead the efforts will be understood and be fruitful as we
move ahead with the defense of our Nation. I thank her for that.
We're coming to the end of a long, arduous process here in the House.
Our wonderful staff has worked more than diligently, not just through
the year but the last several days. In the last five days actually, Mr.
Speaker, they've done 6 weeks of work, phenomenal, miraculous, and I
compliment them for that. Erin Conaton, the director, and Bob Simmons,
the minority chief, have been superb to work with, and every member of
the staff has been a professional in the finest sense of the word. I
cannot brag on them more. And we're very grateful for their efforts,
and their efforts will pay off for those young men and women, those
families who wear the uniform of our country check as they do their
professional work.
This effort is really for the security of our country and is done
particularly for the young people who wear the uniform. They are, Mr.
Speaker, our national treasures, and those of us on the committee
understand that. We work toward that end, and as we vote for this bill
and it passes, hopefully with a large, large majority, and goes to the
Senate, and hopefully passes to the White House and to be signed by the
President, those young gentlemen and young women who really make their
life and their profession the national security of our country should
know that we in Congress support them, back them up, and that we're
immensely proud of the work that they do.
So, with that in mind, and thanks to all the Members of our
committee, superb committee, subcommittee chairmen, subcommittee
ranking, and every Member, our staff and those who give advice and
recommendations to us have made this bill possible in a very, very
short period of time.
So with that and a great deal of gratitude especially for my friend
from

[[Page 20931]]

California, Duncan Hunter, who we unanimously named this bill for, we
will miss him terribly, but we thank him for his service to our Nation,
to our Congress, to our committee as chairman and ranking member, and
we appreciate him, and we'll long remember him.
Mr. Speaker, pursuant to H. Res. 1476, which the House adopted
yesterday, I submit an addendum to the Joint Explanatory Statement
which I entered into the Record yesterday.
Due to administrative error, a number of Member requests were not
included in the transparency table in yesterday's submission.

[[Page 20932]]

[GRAPHIC] [TIFF OMITTED] TH24SE08.285

[[Page 20933]]

Ms. LEE. Mr. Speaker, when this Defense Authorization bill cleared
the House last May it included an amendment which I authored requiring
congressional approval of any agreement negotiated between the
President and the Government of Iraq which commits the United States to
the defense and security of Iraq from internal and external threats.
But because the White House threatened to veto the bill over this
prudent and reasonable provision, the version of the bill returned to
us from the Senate no longer includes that limitation. That is reason
alone to oppose this bill, which I do.
Although I cannot support the bill as amended, I want to thank my
good friend Mr. Skelton, the Chairman of the Armed Services Committee,
for strongly supporting the Lee amendment and for his valiant efforts
to retain it during the negotiations with a stubborn an unreasonable
White House.
An agreement to commit American troops to the defense and security of
another country is not routine or typical or minor. It is a major
commitment that must have the support of the American people. And that
popular will can only be reflected by the Congress of the United
States. That is why the Lee amendment was necessary. I regret we have
lost a valuable opportunity to bring much needed accountability and
transparency to our relationship with Iraq.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I stand here today with a
heavy heart as I cast my vote against S. 3001, the National Defense
Authorization Act for Fiscal Year 2009. While I support our men and
women in the armed forces and our need to ensure our national security,
I cannot with a clear conscience support a National Defense
Authorization bill that includes money for Iraq without time-lines for
an exodus.
Samuel Adams, who was known as the Father of the American Revolution,
stated ``All might be free if they valued freedom, and defended it as
they should.'' While most of us value freedom, many of us do not risk
our lives for it on a daily basis like our troops fighting in Iraq and
Afghanistan.

H. Con. Res. 320

That is why I chose to celebrate one of our heroic daughters of
Texas, Specialist Monica L. Brown of the United States Army with House
Concurrent Resolution 320 for her efforts earlier this year.
Specialist Brown was the first woman in Afghanistan and only the
second female soldier since World War II to receive the Silver Star,
the Nation's third-highest medal for valor. This solider from Lake
Jackson, Texas is only 19 years old.
On April 25, 2007, Specialist Brown was part of a four-vehicle convoy
patrolling near Jani Kheil in the eastern province of Paktia when a
bomb struck one of the Humvees.
When Specialist Brown saw her fellow soldiers were injured, she
grabbed her aid bag and started running toward the burning vehicle as
insurgents opened fire. All five wounded soldiers from her platoon
scrambled out. Under this commotion, she assessed her patients and
moved them to a safer location because they were still receiving
incoming fire.
The Pentagon's official policy is to prohibit women from serving in
front line combat roles in the infantry, armor or artillery, but the
nature of the wars in Afghanistan and Iraq, with no real front lines,
has seen women soldiers take part in close quarters combat more than
previous conflicts.
Though I have opposed the war in Iraq from its inception, I remain
absolutely committed to ensuring that we recognize, celebrate, and
honor the service of our sons and daughters returning from Iraq and
Afghanistan. Our troops in Iraq did everything we asked them to do, and
I firmly believe that we must commend the men and women of our military
for their exemplary performance and success in Iraq.

Defense BIll

This defense bill reflects our commitment to support the men and
women who fight to secure not only our citizens' freedom but the
freedom of others. This bill will provide the necessary resources to
protect the American people and our national interests at home and
abroad. The Armed Services committee has provided for military
readiness; taking care of our troops and their families; increasing
focus on the war in Afghanistan; and improving interagency cooperation,
oversight, and accountability in this year's defense authorization
bill.

Defense Provisions

We must maintain our efforts to restore military readiness in order
to meet current military challenges and prepare for the future.
Thankfully, this defense bill:
Provides fair compensation and first-rate health care, and improve
the quality of life of the men and women in the armed forces (active
duty, National Guard and Reserves) and their families.
Provides our servicemen and women with the resources, training,
technology, equipment (especially force protection) and authorities
they need to succeed in combat and stability operations in Iraq and
Afghanistan.
Seeks to reduce our Nation's strategic risk by taking action aimed at
restoring, as soon as possible, the readiness of the military services
to conduct the full range of their assigned missions.
Improves the efficiency of Defense Department programs and
activities, and applies the savings toward high-priority programs.
Improves the ability of the armed forces to counter nontraditional
threats, including terrorism and the proliferation of weapons of mass
destruction.
Promotes the transformation of the armed forces to deal with the
threats of the 21st century.
Ensures aggressive and thorough oversight of the Department's
programs and activities to ensure proper stewardship of taxpayer
dollars and compliance with relevant laws and regulations.

Thank You to Our Troops

We must extol our military for their courage and sacrifice in
Operation Enduring Freedom and Operation Iraqi Freedom. The United
States cannot and should not permanently prop up the Iraqi government
and military. Whether or not my colleagues agree that the time has come
to withdraw our American forces from Iraq, I believe that all of us are
of one accord that our troops deserve our sincere thanks and
congratulations.
The United States Armed Forces successfully toppled the regime of
Saddam Hussein and captured the key cities of Iraq in only 21 days. The
Armed Forces performed magnificently in conducting military operations
designed to ensure that the people of Iraq would enjoy the benefits of
a democratically-elected government governing a county that is capable
of sustaining itself economically and politically and defending itself
militarily.
While our troops have achieved the objectives for which they were
sent to Iraq, they are now caught in the midst of a sectarian conflict.
Unfortunately, there is no military solution to Iraq's ongoing
political and sectarian conflicts.
The objectives for which this Congress authorized war in Iraq have
been met; therefore, that authorization should no longer be the basis
for ongoing involvement by U.S. armed forces. Our military has already
paid too heavy a price for this Administration's ill-advised and poorly
planned war effort in Iraq.
Mr. Speaker, although I appreciate the need to protect our great
nation from enemies both foreign and domestic, and I support without
hesitation our troops, I cannot in clear conscious support S. 3001
without clear withdrawal timelines for Iraq. I yield back the balance
of my time.
However, I will continue supporting the funding that is particular to
supporting our troops, their families and our veterans.
Mr. BLUMENAUER. Mr. Speaker, today we take up the final Defense
Authorization bill of the Bush administration. Those who know me and
know my record will understand why, although I support the progress
we've made at rolling back some of the most egregious Bush defense
priorities, I cannot vote for this Defense policy bill.
In this time of extreme economic uncertainty, we cannot afford to
prop up a bloated Department of Defense. Defense Authorization bills
outline priorities and benchmarks for spending, and I believe this bill
proposes levels that are too high and for the wrong priorities.
For eight years we have seen the Defense budget balloon under
President Bush and today we spend more on defense than the rest of the
world combined. I have long pointed out that programs like the Future
Combat System's fighting vehicles and the National Missile Defense
system would be justifiable if the major threat to our security was a
modern version of the Soviet Union. It is not. I applaud the Democratic
cuts to the funding levels requested by the President, though we must
do better.
As with other programs, the quantity of money spent says little about
the quality of return. Indeed, investing in outdated systems makes us
less secure and comes at the expense of smarter, modern defense tools.
We must invest in systems that confront the real and looming threats of
terrorists and rogue states. We must cultivate our personnel into a
smart and agile force with a range of tools to engage the world. We
must create a security strategy that recognizes the equal importance of
diplomacy, development, and defense and understands the linkages
between poverty, environmental health, and economic security.
In particular, I would like to see the Pentagon institute strong
safeguards regarding the

[[Page 20934]]

interrogation of prisoners and fully invest in the environmental
restoration of past defense sites. I thank Chairman Skelton and Ranking
Member Hunter for the progress we've made so far on these issues, and
for supporting my unexploded ordnance amendment which made detection
technology a priority for the Pentagon.
There are the beginnings of a major shift in this Defense
Authorization bill. I believe that after the upcoming election, when
the nation has time to evaluate just how out-of-touch the Pentagon is,
we will be able to have a more thoughtful assessment of what our
Defense Department should look like and what activities it should be
engaged in. I look forward to this thoughtful discussion.
Mrs. MALONEY of New York. Mr. Speaker, I rise today in strong support
of S. 3001, the ``The National Defense Authorization Act for Fiscal
Year 2009.'' This legislation gives critical assistance to our troops
including providing equipment and training, providing all
servicemembers with a pay raise of 3.9 percent, and improving health
care.
I also want to note provisions in the bill based on legislation, H.R.
3033, the ``Contractors and Federal Spending Accountability Act,'' that
I have been introducing since the 107th Congress to bring integrity
back to the federal procurement system. S. 3001 will establish a
comprehensive, centralized database that will keep track of the
integrity and performance of certain persons awarded federal contracts
and grants, more efficiently monitor the federal procurement system,
and help protect U.S. taxpayer dollars. Any person awarded a federal
agency contract or grant in excess of $500,000 would be included in the
database including information related to any civil, criminal, or
administrative proceedings involving the person. Currently, no central
database exists to help procurement officials track fraudulent
contractors who do business with the federal government.
As a City Councilwoman, I successfully led an effort to implement a
similar system. This system has aided the City of New York
tremendously, and it has prevented habitual bad actors and felons from
being awarded city contracts.
Such a system is badly needed at the federal level. The contract
officers and the federal government's watchdogs, the federal suspension
and debarment officials, currently lack the information they need to
protect our business interests. We have no central way of accounting
for the performance of our purchases. Beyond a listing of currently
debarred or suspended persons, officials are limited to their
individual agency's knowledge of an entity's track record, press
reports and personal contacts with other agencies. The American
public's knowledge is limited even further. Often times this allows
federal contractors and assistance recipients to repeatedly violate
federal law yet still receive millions of dollars from the federal
government.
The federal government spends more than $417 billion annually on
goods and services. We owe it to the American people to be a model
consumer. Today, we are taking an important step toward bringing
greater transparency to the federal contracting process.
I want to thank Chairman Waxman, Ranking Member Tom Davis, Chairman
Towns, and their staffs, particularly Mark Stephenson, for working with
me on this issue. I also want to acknowledge the efforts of Senator
McCaskill who championed the database provisions in the Senate as well
as Representative Mark Udall who joined me in support of a contracting
reform amendment when the House considered the Defense Authorization
legislation earlier this year.
I urge my colleagues to support S. 3001.
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today to
express my support for the House-Senate compromise language for the
FY09 National Defense Authorization Act. I am happy that the House and
Senate were able to come to an agreement to provide critical support to
our Armed Forces.
I am particularly pleased that a number of provisions that I
advocated for are in this final language. These provisions include the
establishment of a Sexual Assault Database to provide a centralized,
case-level database of information about sexual assaults that involve
service members. I am also proud that my colleagues supported my
efforts to require the Department of Defense to conduct a study of its
bandwidth needs in the near and long term. Ensuring adequate bandwidth
is essential to the military's ongoing readiness.
This bill takes critical steps to restore the readiness of our Armed
Forces by providing an equipment reset of $8.6 billion for the Army and
$1.8 billion for the Marine Corps. It also ensures full utilization of
our depots in the future.
There are also a number of provisions to protect our service members
in the battlefield. These include $1.7 billion for MRAP vehicles for
our troops overseas and authority for the Department of Defense to
conduct oversight and testing of personnel protective equipment.
In addition, this bill prohibits increased premiums and co-pays for
TRICARE recipients and provides tuition assistance and training for
military spouses. This bill also establishes a task force on suicide
prevention and authorizes $3.2 billion to expand quality family
housing.
I urge my colleagues to join me in supporting this important
legislation and I urge the other body to move quickly to pass this
compromise language that will continue to prepare, support and protect
our Armed Forces. Thank you and I yield back.
Ms. BORDALLO. Mr. Speaker, today I rise in strong support of the
amendment offered to S. 3001, the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009. The bill, once again, renews
our commitment to ensuring the highest levels of readiness and
supporting the individual needs of our men and women in uniform. The
bill is a product of hard work and dedication by our Chairman, Ranking
Member and committee staff.
The bill also continues to ensure that Congress will have the
appropriate oversight and accountability mechanisms in place to ensure
the military build-up on Guam is a success. In particular, the bill
establishes an account to manage funds contributed to the U.S.
Government in support of the military build-up by the Government of
Japan through authority granted in Section 2350k of Title 10 of the
United States Code. This account will provide us, as well as the
Government of Japan, with greater accountability of how funds are being
used. Over $13 billion dollars on military construction projects alone
will be spent on Guam over a six year period as stipulated in the
Alliance Transformation and Realignment Agreement.
As important, the bill also contains provisions that express
Congress's position on a variety of issues that will impact the local
civilian community on Guam. Congress directs the Department of Defense
to ensure that any improvements to utilities made on Guam as a result
of the military build-up benefit the entire island community. Most
specifically, it expresses that the Department of Defense should be a
consumer and not a provider of basic services. If the Department of
Defense is a consumer of water, power and wastewater resources then an
economy of scales can be reached that will help lower the cost for both
the military and civilian community.
The bill also calls on the federal government to work more closely
with their respective counterpart agencies in the Government of Guam to
develop Memoranda of Understanding to ensure continuity of effort as
Administrations prepare to change in Washington, D.C. and in Guam. The
Memoranda of Understanding will allow federal and local governments to
adequately prepare and plan infrastructure needs to meet the capacity
demands added by the build-up of forces on Guam. The agreements will
also give private industry a commitment that the federal and local
governments are serious about and committed to ensuring success for the
build-up.
A successful example of a Memorandum of Understanding is the one
signed by the Maritime Administration (MARAD) and the Port of Guam in
May, 2008. The memorandum commits MARAD to use its technical expertise
in contracting and planning to assist the Port of Guam in making
necessary improvements for the port's capacity. The private sector,
Government of Guam and the Department of Defense all agree that the
port, if not improved and expanded, would have potentially been a
“bottleneck” in the successful completion of projects
related to the military build-up. However, the Memorandum of
Understanding could not be fully implemented without the inclusion of
authorizing language that is contained in the National Defense
Authorization Act for Fiscal Year 2009. The language that I sponsored
grants MARAD the authority to execute the terms of the Memorandum of
Understanding. Now, we have a successful example of how Memoranda of
Understanding can guide development of civilian infrastructure on Guam.
Finally, the bill continues this Congress's commitment to our
nation's indispensable force, our citizen soldiers and airmen of the
Army and Air National Guard. In addition to a 3.9% increase in pay for
all service members, the bill adds $800 million specifically for
National Guard and equipment. The bill also fully authorizes the Joint
Cargo Aircraft (JCA) program for the Army, allowing them to procure
seven aircraft in fiscal year 2009. However, in order to maintain this
indispensable force, it was critical that we authorized a substantial
increase in full time manning for the Army and Air National Guard, and
this funding was placed in the base budget in a fiscally responsible
manner. Ensuring that the National

[[Page 20935]]

Guard has adequate full time positions is imperative if they are to
remain a fully operational force.
There are other provisions of interest to me and of relevance to
Department of Defense activities on Guam. Of note is a provision
authorizing the Department of Defense to participate in and financially
contribute to conservation banking and in-lieu fee mitigation
initiatives. This is important to protecting our environment and Guam
presents an ideal opportunity for the Department of Defense to partner
with the Government of Guam toward meeting conservation goals and
mitigating the impact of the military build-up. I regret that the other
body has withheld support from some provisions related to the military
build-up that were adopted earlier this year by this House. I will
continue to work on these provisions in the next Congress.
I want to thank Congressman Ike Skelton, Chairman of the House Armed
Services Committee and Congressman Solomon Ortiz, Chairman of the
Subcommittee on Readiness for their leadership and steadfast support of
provisions relating to the Guam military build-up that are included in
this bill. I also want to thank the staff of the House Committee on
Armed Services, specifically Erin Conaton, Paul Arcangeli, Will Ebbs,
Debra Wada, Eryn Robinson, Vickie Plunkett, Cathy Garman, Andrew Hunter
and Michael Higgins. However, David Sienicki should be especially
commended for his outstanding work and understanding of the strategic
importance of the Guam military build-up.
I urge passage of the amendment to S. 3001.
Mr. HOLT. Mr. Speaker, I rise in support of this bill.
We've all read the stories about wounded troops being forced to repay
enlistment or reenlistment bonuses. Chairman Skelton is to be commended
for including a provision that ensures that any servicemember who is
retired or separated for a combat-related disability will not be
required to repay any portion of a bonus or other benefit. The same
provision ensures that the survivor of a member who dies on active duty
will likewise not have to repay any bonus or benefit their deceased
loved one was entitled to. I am also pleased this bill authorizes a
much needed and well deserved 3.9 percent pay raise for our troops.
Today we are also ensuring that active duty families, military
retirees, and their dependents are not socked with higher TRICARE fees
or co-pays by extending the prohibition on such increase. The bill also
encourages beneficiaries to use preventive health services by waiving
copayments for preventive services.
We've all been troubled and saddened by the increased rates of
suicide among servicemembers and veterans. To address this crisis, the
bill establishes a Task Force on the Prevention of Suicide by Members
of the Armed Forces to bring together experts from both within and
outside of the military to assess current service suicide prevention
programs and policies and to examine the risk factors that can lead to
suicide. The Secretary of Defense is required to develop a plan to
improve suicide prevention based upon the recommendations of the task
force. I urge Secretary Gates to convene this task force immediately
and for the task force to complete its work as quickly as possible.
Mr. Speaker, as is always the case in bills crafted by Chairman
Skelton, this bill also authorizes additional necessary funds for key
systems designed to help protect our troops. Two programs are of
particular note. For example, the bill authorizes $1.7 billion to
procure, sustain, transport, and field Mine Resistant Ambush Protected,
MRAP, vehicles for our troops overseas. Additionally, the bill
authorizes $2.2 billion for the Joint Improvised Explosive Device
Defeat Organization, JIEDDO, and urges that $10 million be used for
Marine Corps and Army development of specialized counter IED dog teams.
The bill also requires that the Director of the JIEDDO to develop a
science and technology investment strategy for countering the threat of
IEDs.
Additionally, I'm pleased this bill requires the Defense Department
to take additional steps to reduce its energy consumption, consistent
with mission and operational requirements. The bill establishes the
position of Director for Operational Energy Plans and Programs and
creates senior operational energy officials within each service. It
also authorizes $90 million for energy conservation programs on
military installations.
I regret that a number of provisions that were in the House version
of the bill were not included in the bill before us, including
provisions dealing with the use of private security contractors and
detainee interrogation-related activities. I am especially disappointed
that the current bill does not include the detainee videorecording
provision I authored and that was included in the House version of this
bill. I look forward to working with Chairman Skelton in the next
Congress to correct this deficiency.
Mr. Speaker, this is a good bill; I will vote for it, and I urge my
colleagues to do likewise.
Mr. UDALL of Colorado. Mr. Speaker, as a Member of the House Armed
Services Committee, I rise in support of this important legislation.
I applaud Chairman Skelton for his leadership in guiding this bill to
the floor today. He and Ranking Member Hunter have done a tremendous
job, and they have been ably supported by the expert staff of our
committee. We passed the Defense Authorization bill in the House over
four months ago--but there was concern that the Senate wouldn't pass
its bill before Congress adjourned for the year.
Fortunately, the Senate acted last week, and we're able to move ahead
today to complete this important annual task. Chairman Skelton and
Ranking Member Hunter and their staff were not about to let this be the
first Defense Authorization bill in 42 years not to become law. They
worked very hard to reconcile the House and Senate legislation, and I
commend them for the outcome. I expect the Senate to follow our lead
and send this bill to the President for his signature.
This bill rightly focuses on our military's readiness needs. After
more than five years at war, both the active duty and reserve forces
are stretched to their limits. The bill will provide what's needed to
respond, including funds to address equipment shortages for the active
duty and reserve forces, improve the quality of our military barracks,
maintain ammunition, and expand training opportunities, among other
important readiness needs. The bill also improves the quality of life
for our forces and their families by including a 3.9 percent pay raise
for all service members, preserving important health benefits by
prohibiting fee increases in TRICARE and the TRICARE pharmacy program,
and including new preventive health care initiatives.
With regard to Colorado provisions, I am pleased that the bill
includes language requiring the Secretary of Defense to maintain
redundant facilities and equipment--along with the staff necessary to
ensure continuity of operations--at Cheyenne Mountain Air Force Station
until the Secretary can certify that security measures have been
instituted to bring the consolidated command center for NORTHCOM/NORAD
at Peterson AFB into full compliance with Protection Level One
requirements. Currently, the Secretary has waived compliance to allow
Peterson to meet these requirements--defined as resulting in ``the
greatest possible deterrence against hostile acts'' and providing ``the
maximum means to achieve detection, interception and defeat of a
hostile force before it is able to seize, damage or destroy
resources''--though Peterson AFB does not yet meet this level of
protection. Such a waiver would not be permitted to meet the
requirement under this legislation.
It is important that the House and the Senate have recognized that
Northern Command's decision to relocate the nation's air and space
defense command from Cheyenne Mountain to the new NORTHCOM/NORAD
command center at Peterson AFB was flawed, particularly without fully
analyzing the full range of threats. The Government Accountability
Office in its recent report highlighted the lack of a comprehensive
threat analysis, and the Department of Defense (DOD) finally concurred
that a thorough analysis still needs to be completed. While that study
is ongoing--and certainly while Peterson AFB cannot yet comply with
protection level requirements for the highest level of threats--
redundant operations should be maintained at Cheyenne Mountain.
I'm also pleased that the bill increases overall military
construction project authorization at the Pueblo Chemical Depot by $223
million, raising the five-year-old authorization cap that had forced
the Assembled Chemical Weapons Alternative (ACWA) program and its main
contractor Bechtel to cancel some work earlier this year and would have
resulted in layoffs if it had not been increased. Although Congress
appropriated sufficient funds last year, ACWA did not have
Congressional permission to spend the funds until this cap was raised.
Finally, the bill includes language that prohibits DOD from
transporting away from the Pueblo Chemical Depot in the next six months
the hazardous wastes left after chemical treatment of mustard agent.
This is based on legislation I introduced with Rep. John Salazar
earlier this year, and sends an important message to the Department of
Defense.
There is no question that the ACWA program has been poorly managed
for years. But I believe the people of Pueblo shouldn't have to pay for
DOD's mistakes. Pueblo needs the jobs that the biotreatment process
will provide, and the community deserves the certainty that clean-up
will be completed in a timely fashion.

[[Page 20936]]

I am disappointed that the final language is not as strong as the
language I helped pass in the House, but it is still an important step
forward. I will continue to work to ensure the secondary wastes are not
transported off-site.
The Pueblo Chemical Depot holds 2,611 tons of liquid mustard agent
and is part of the DOD's ACWA program, which is responsible for
destroying the chemical weapons stored at Pueblo and at the Blue Grass
Army Depot in Kentucky. The Chemical Weapons Convention, ratified by
Congress in 1997, requires these munitions to be destroyed by 2012.
Because of schedule delays, management problems, and funding shortfalls
for the ACWA program, the DOD has said that the U.S. will not meet the
Chemical Weapons Convention treaty deadline.
Last year, Congress mandated that DOD complete all chemical weapons
destruction activities by 2017. The DOD has suggested that a 2017
deadline at Pueblo cannot be reached if wastes are treated on-site. DOD
is again studying whether to transport these wastes for treatment off-
site, despite approved plans to treat the wastes at the Pueblo Chemical
Depot, and despite the fact that construction of an on-site
biotreatment facility has already begun. In addition, studies have
shown that shipping these wastes would not yield benefits. The
community of Pueblo and the Colorado Citizens' Advisory Commission,
established by law to represent community interests, have repeatedly
expressed their preference for treating the wastes on-site.
The bill also authorizes $474 million for military construction
projects at Fort Carson, as well as $65 million for construction at the
Pueblo Chemical Depot, $4.9 million for land acquisition at Peterson
AFB, $18 million for Colorado National Guard readiness centers in
Denver and Grand Junction, $3 million for a satellite pharmacy and $4.2
million for Alert Crew Headquarters at Buckley Air Force Base, and $18
million to upgrade academic facilities at the U.S. Air Force Academy.
Mr. Speaker, the bill we are considering today does an excellent job
of balancing the need to sustain our current warfighting abilities with
the need to prepare for the next threat to our national security. It is
critical that we are able to meet the operational demands of today even
as we continue to prepare our men and women in uniform to be the best
trained and equipped force in the world.
This is a good bill, a carefully drafted and bipartisan bill, and I
urge its passage.
Mr. KUCINICH. Mr. Speaker, I rise in opposition to the Defense
Authorization bill. Despite the 2006 mandate from the American people
to end the war and occupation of Iraq, this bill authorizes the funding
to continue operations in Iraq well into the 2009 fiscal year. This
bill authorizes $68.5 billion for the wars in Iraq and Afghanistan. In
addition it authorizes the entirety of the administration's request of
$542.5 billion for the National Defense budget. This is a grand total
of $611.1 billion to continue misguided policies such as preemptive
strikes, interventionism and peace through strength.
The bill includes absolutely no language calling for the withdrawal
of our honorable and brave service members in Iraq, 4,170 servicemen
and women have been killed in Iraq, there have been tens of thousands
of injuries to our troops and over 1 million innocent Iraqi civilians
have been killed as a result of the war. The true monetary cost of the
war is estimated to be $3 trillion. Yet instead of keeping a commitment
that we made back in 2006 to end the war, we are once again voting on a
bill that will continue to fund it well into the term of the next
President. Congress has the ability to end the war and bring our troops
home simply by refusing to continue funding.
Additionally, I do not support the authorization for $465.8 million
to continue development of the European Ground-Based Mid-Course
Defense, GMD, program despite a lack of assurance that the system will
work or is needed for the safety of our nation. Congress' continued
funding of the European GMD only lends credence to the administration's
misguided claims the system is necessary to defend the U.S. from a
long-range ballistic missile attack from Iran despite the fact that
Iran is unlikely to pose such a threat to the United States in the
foreseeable future.
Continuing to develop the European GMD has consequences for U.S.
foreign policy. This deal has exacerbated tensions between the U.S. and
Russia. There has also been strong opposition by the citizens of the
Czech Republic and Poland to the placement of the radar and
interceptors in their respective countries.
This bill continues to reflect the wrong priorities for our nation's
security. The continued proliferation of nuclear weapons does not make
America safer. What will make America safer is to place a priority on
cooperation with the global community on nuclear nonproliferation
initiatives. This bill authorizes over $6.6 billion for the nuclear
weapons activities of the National Nuclear Security Administration, and
less than $2 billion for nuclear nonproliferation.
The U.S. administration has established a record of unilateralism
that undercuts our nation's credibility in the eyes of other nations.
The repercussions of this record include undermining our security and
diplomatic integrity. In just under eight years the U.S. administration
has backtracked on international treaties and conventions. The U.S. has
rejected the Comprehensive Test Ban Treaty, refused to sign the Land
Mine Treaty, withdrawn from the Anti Ballistic Missile Treaty, unsigned
the Kyoto Protocol, and blocked a verification protocol for the
Biological Weapons Convention.
Continuing to keep ``all options on the table'' while refusing to
engage in diplomacy without preconditions leaves America devoid of any
moral authority. The idea that peace (the absence of 'violence) can be
brought about through violence and increasing weapons stockpiles is
antithetical. The assertion that keeping our nation safe requires us to
maintain a pre-emptive strike policy is built on a foundation of fear
and continues to drive Americans further away from each other and the
world community. The belief that the bulk of our foreign policy should
be comprised of insisting other countries do what we tell them, while
we fail to engage in any meaningful global cooperation is hypocritical
and condescending.
The security of America lies not in defense spending but in ensuring
well paid jobs for hardworking Americans, guaranteed health care and a
strong education for our nation's youth. We must shift our priorities.
This body must stop spending half of America's tax dollars on the
funding of the military industrial complex and instead invest in
economic projects that really will keep America safer. With our economy
in crisis it should be clear that continuing to hemorrhage money on
defense spending while our future economic stability is uncertain is
not in the best interests of our citizens. Congress must wake up. In
other words, I believe that Congress must reassess our current
priorities and in so doing begin to provide for the traditional sense
of security by first ensuring economic security, health security, and
job security for all.
Mr. SKELTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Skelton) that the House suspend the rules
and pass the Senate bill, S. 3001, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SKELTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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