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


[DOCID: f:publ417.110]

[[Page 4355]]

  DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009

[[Page 122 STAT. 4356]]

Public Law 110-417
110th Congress

                                 An Act


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

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

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

[[Page 122 STAT. 4357]]

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

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

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

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

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

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

[[Page 122 STAT. 4358]]

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

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

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Missile Defense Programs

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

                           Subtitle D--Reports

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

                        Subtitle E--Other Matters

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

[[Page 122 STAT. 4359]]

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

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

                       Subtitle D--Energy Security

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

                           Subtitle E--Reports

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

                        Subtitle F--Other Matters

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

[[Page 122 STAT. 4360]]

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

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

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

                Subtitle B--Reserve Component Management

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

          Subtitle C--Joint Qualified Officers and Requirements

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

[[Page 122 STAT. 4361]]

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

                 Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

                Subtitle F--Defense Dependents' Education

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

                      Subtitle G--Military Justice

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

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

                      Subtitle I--Military Families

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

                        Subtitle J--Other Matters

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

[[Page 122 STAT. 4362]]

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

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

              Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                        Subtitle F--Other Matters

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

[[Page 122 STAT. 4363]]

          TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS

               Subtitle A--Improvements to Health Benefits

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

                       Subtitle B--Preventive Care

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

                   Subtitle C--Wounded Warrior Matters

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

                        Subtitle D--Other Matters

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

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

              Subtitle A--Acquisition Policy and Management

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

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

[[Page 122 STAT. 4364]]

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

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

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

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

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

          Subtitle E--Department of Defense Contractor Matters

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

           Subtitle G--Governmentwide Acquisition Improvements

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

                        Subtitle H--Other Matters

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

[[Page 122 STAT. 4365]]

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

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

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

                      Subtitle B--Space Activities

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

              Subtitle C--Chemical Demilitarization Program

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

                Subtitle D--Intelligence-Related Matters

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

                        Subtitle E--Other Matters

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

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

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

          Subtitle B--Policy Relating to Vessels and Shipyards

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

                   Subtitle C--Counter-Drug Activities

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

[[Page 122 STAT. 4366]]

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

          Subtitle D--Miscellaneous Authorities and Limitations

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

                     Subtitle E--Studies and Reports

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

                        Subtitle F--Other Matters

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

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

[[Page 122 STAT. 4367]]

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

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

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

          Subtitle B--Matters Relating to Iraq and Afghanistan

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

                        Subtitle C--Other Matters

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

[[Page 122 STAT. 4368]]

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

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

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

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

                 Subtitle B--National Defense Stockpile

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

                Subtitle C--Armed Forces Retirement Home

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

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

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

     TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

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

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                             TITLE XXI--ARMY

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

                            TITLE XXII--NAVY

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

[[Page 122 STAT. 4369]]

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

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

                Subtitle A--Defense Agency Authorizations

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

          Subtitle B--Chemical Demilitarization Authorizations

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

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                 PROGRAM

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

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

          TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

                       Subtitle A--Authorizations

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

         Subtitle B--Amendments to Base Closure and Related Laws

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

                        Subtitle C--Other Matters

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

[[Page 122 STAT. 4370]]

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

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

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

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

         Subtitle B--Real Property and Facilities Administration

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

           Subtitle C--Provisions Related to Guam Realignment

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

                       Subtitle D--Energy Security

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

                      Subtitle E--Land Conveyances

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

                        Subtitle F--Other Matters

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

      TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS

                  Subtitle A--Fiscal Year 2008 Projects

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

[[Page 122 STAT. 4371]]

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

                  Subtitle B--Fiscal Year 2009 Projects

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

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

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

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

    Subtitle B--Program Authorizations, Restrictions, and Limitations

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

                           Subtitle C--Reports

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

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

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

[[Page 122 STAT. 4372]]

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

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

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

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

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

                        Subtitle B--Army Programs

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

                        Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

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

               Subtitle E--Joint and Multiservice Matters

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

               Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

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

[[Page 122 STAT. 4373]]

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

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

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

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

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

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

                        Subtitle B--Army Programs

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

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

[[Page 122 STAT. 4374]]

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

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

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

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

[[Page 122 STAT. 4375]]

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

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

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

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

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

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

[[Page 122 STAT. 4376]]

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

                        Subtitle C--Navy Programs

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

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

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

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

[[Page 122 STAT. 4377]]

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

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

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

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

                     Subtitle D--Air Force Programs

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

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

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

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

[[Page 122 STAT. 4378]]

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

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

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

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

[[Page 122 STAT. 4379]]

               Subtitle E--Joint and Multiservice Matters

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

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

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

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

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

[[Page 122 STAT. 4380]]

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

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

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

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

SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY.

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

[[Page 122 STAT. 4381]]

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

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

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

[[Page 122 STAT. 4382]]

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

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

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

[[Page 122 STAT. 4383]]

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

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

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

               Subtitle A--Authorization of Appropriations

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

                  Subtitle C--Missile Defense Programs

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

                           Subtitle D--Reports

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

[[Page 122 STAT. 4384]]

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

                        Subtitle E--Other Matters

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

               Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

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

     Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

[[Page 122 STAT. 4385]]

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

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

[[Page 122 STAT. 4386]]

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

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

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

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

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

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

[[Page 122 STAT. 4387]]

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

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

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

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

[[Page 122 STAT. 4388]]

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

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

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

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

[[Page 122 STAT. 4389]]

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

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

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

[[Page 122 STAT. 4390]]

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

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

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

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

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

                  Subtitle C--Missile Defense Programs

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

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

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

[[Page 122 STAT. 4391]]

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

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

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

[[Page 122 STAT. 4392]]

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

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

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

[[Page 122 STAT. 4393]]

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

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

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

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

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

[[Page 122 STAT. 4394]]

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

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

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

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

[[Page 122 STAT. 4395]]

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

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

                           Subtitle D--Reports

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

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

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

[[Page 122 STAT. 4396]]

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

[[Page 122 STAT. 4397]]

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

[[Page 122 STAT. 4398]]

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

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

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

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

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

[[Page 122 STAT. 4399]]

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

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

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

[[Page 122 STAT. 4400]]

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

                        Subtitle E--Other Matters

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

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

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

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

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

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

[[Page 122 STAT. 4401]]

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

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

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

[[Page 122 STAT. 4402]]

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

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

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

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

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

[[Page 122 STAT. 4403]]

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

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

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

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

[[Page 122 STAT. 4404]]

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

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

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

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

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

[[Page 122 STAT. 4405]]

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

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

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

[[Page 122 STAT. 4406]]

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

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

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

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

[[Page 122 STAT. 4407]]

                       Subtitle D--Energy Security

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

                           Subtitle E--Reports

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

                        Subtitle F--Other Matters

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

               Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

[[Page 122 STAT. 4408]]

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

                  Subtitle B--Environmental Provisions

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

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

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

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

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

[[Page 122 STAT. 4409]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2694b the following new item:

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

    (c) Effective Date.--Section <<NOTE: 10 USC 2694c note.>> 2694c of 
title 10, United States Code, as added by subsection (a), shall take 
effect on October 1, 2008, and only funds appropriated for fiscal years 
beginning after September 30, 2008, may be used to carry out such 
section.
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR 
                        CERTAIN COSTS IN CONNECTION WITH MOSES 
                        LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, 
                        WASHINGTON.

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

    (b) Source of Funds.--Any payment under subsection (a) shall be made 
using funds authorized to be appropriated by section 301(17) for 
operation and maintenance for Environmental Restoration, Formerly Used 
Defense Sites.
    (c) Use of Funds.--The Environmental Protection Agency shall use the 
amount transferred under subsection (a) to pay costs incurred by the 
Agency at the Moses Lake Wellfield Superfund Site.
SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF 
                        NATURAL RESOURCES TO INCLUDE OFF-
                        INSTALLATION MITIGATION.

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

[[Page 122 STAT. 4410]]

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

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

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

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

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

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

[[Page 122 STAT. 4411]]

                 Subtitle C--Workplace and Depot Issues

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

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

[[Page 122 STAT. 4412]]

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

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

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

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

[[Page 122 STAT. 4413]]

SEC. 322. STUDY ON FUTURE DEPOT CAPABILITY.

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

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

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

[[Page 122 STAT. 4414]]

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

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

[[Page 122 STAT. 4415]]

                    (C) Recommendations with respect to any changes to 
                any applicable law that would be appropriate for a post-
                reset depot maintenance environment.
                    (D) Recommendations with respect to the methodology 
                of the Department of Defense for determining core 
                logistics requirements, including an assessment of risk.
                    (E) Proposed business rules that would provide 
                incentives for the Secretary of Defense and the 
                Secretaries of the military departments to keep 
                Department of Defense depots efficient and cost 
                effective, including the workload level required for 
                efficiency.
                    (F) A proposed strategy for enabling, requiring, and 
                monitoring the ability of the Department of Defense 
                depots to produce performance-driven outcomes and meet 
                materiel readiness goals with respect to availability, 
                reliability, total ownership cost, and repair cycle 
                time.
                    (G) Comments provided by the Secretary of Defense 
                and the Secretaries of the military departments on the 
                findings and recommendations of the study.

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

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

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

[[Page 122 STAT. 4416]]

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

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

[[Page 122 STAT. 4417]]

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

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

[[Page 122 STAT. 4418]]

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

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

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

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

[[Page 122 STAT. 4419]]

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

                       Subtitle D--Energy Security

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

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

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

[[Page 122 STAT. 4420]]

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

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

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

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

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

[[Page 122 STAT. 4421]]

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

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

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

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

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

[[Page 122 STAT. 4422]]

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

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

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

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

[[Page 122 STAT. 4423]]

                           Subtitle E--Reports

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

    (a) Report Required.--
            (1) In general.--Not later than June 1, 2009, the 
        Comptroller General shall submit to the Committees on Armed 
        Services of the Senate and House of Representatives a report on 
        the readiness of the regular and reserve components of the Armed 
        Forces. The report shall be unclassified but may contain a 
        classified annex.
            (2) One or more reports.--In complying with the requirements 
        of this section, the Comptroller General may submit a single 
        report addressing all the elements specified in subsection (b) 
        or two or more reports addressing any combination of such 
        elements.

    (b) Elements.--The elements specified in this subsection are the 
following:
            (1) An analysis of the readiness status, as of the date of 
        the enactment of this Act, of the regular and reserve components 
        of the Army and the Marine Corps, including any significant 
        changes in any trends with respect to such components since 
        2001.
            (2) An analysis of the readiness status, as of such date, of 
        the regular and reserve components of the Air Force and the 
        Navy, including a description of any major factors that affect 
        the ability of the Navy or Air Force to provide trained and 
        ready forces for ongoing operations and to meet overall 
        readiness goals.
            (3) An analysis of the efforts of the Secretary of each 
        military department to address any major factors affecting the 
        readiness of the regular and reserve components under the 
        jurisdiction of that Secretary.
SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY AND AIR 
                        FORCE PERSONNEL.

    (a) Report Required.--At the same time as the budget for fiscal year 
2010 is submitted to Congress under section 1105(a) of title 31, United 
States Code, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report on--
            (1) the plans of the Secretary of the Navy to improve the 
        combat skills of the members of the Navy; and
            (2) the plans of the Secretary of the Air Force to improve 
        the combat skills of the members of the Air Force.

    (b) Elements of Report.--The report required under subsection (a) 
shall include each of the following:
            (1) The criteria that the Secretary of the Air Force and the 
        Secretary of the Navy use to select permanent sites for their 
        Common Battlefield Airmen Training and Expeditionary Combat 
        Skills courses.
            (2) An identification of the extent to which the Secretary 
        of the Navy and Secretary of the Air Force coordinated with each 
        other and with the Secretary of the Army and the Commandant of 
        the Marine Corps with respect to their plans to expand combat 
        skills training for members of the Navy and

[[Page 122 STAT. 4424]]

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

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

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

[[Page 122 STAT. 4425]]

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

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

                        Subtitle F--Other Matters

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

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

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

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

[[Page 122 STAT. 4426]]

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

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

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

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

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

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

[[Page 122 STAT. 4427]]

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

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

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

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

[[Page 122 STAT. 4428]]

                        Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

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

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

[[Page 122 STAT. 4429]]

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

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

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

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

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

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

[[Page 122 STAT. 4430]]

            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.
SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF 
                        RESERVE COMPONENT MEMBERS AUTHORIZED TO BE 
                        ON ACTIVE DUTY.

    (a) Additional Waiver Authority.--Subsection (a) of section 123a of 
title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``If at the end''; and
            (2) by adding at the end the following new paragraph:

    ``(2) When a designation of a major disaster or emergency (as those 
terms are defined in section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the 
President may waive any statutory limit that would otherwise apply 
during the period of the designation on the number of members of a 
reserve component who are authorized to be on active duty under 
subparagraph (A) or (B) of section 115(b)(1) of this title, if the 
President determines the waiver is necessary to provide assistance in 
responding to the major disaster or emergency.''.
    (b) Termination of Waiver.--Subsection (b) of such section is 
amended--
            (1) by striking the subsection heading and inserting the 
        following: ``Termination of Waiver.--(1)'';
            (2) by striking ``subsection (a)'' and inserting 
        ``subsection (a)(1)''; and
            (3) by adding at the end the following new paragraph:

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

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

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

               Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

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

[[Page 122 STAT. 4431]]

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

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

                Subtitle B--Reserve Component Management

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

          Subtitle C--Joint Qualified Officers and Requirements

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

                 Subtitle D--General Service Authorities

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

                   Subtitle E--Education and Training

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

[[Page 122 STAT. 4432]]

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

                Subtitle F--Defense Dependents' Education

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

                      Subtitle G--Military Justice

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

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

                      Subtitle I--Military Families

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

                        Subtitle J--Other Matters

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

             Subtitle A--Officer Personnel Policy Generally

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

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

[[Page 122 STAT. 4433]]

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

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

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

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

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

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

[[Page 122 STAT. 4434]]

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

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

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

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

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

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

[[Page 122 STAT. 4435]]

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

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

[[Page 122 STAT. 4436]]

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

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

[[Page 122 STAT. 4437]]

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

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

[[Page 122 STAT. 4438]]

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

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

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

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

[[Page 122 STAT. 4439]]

                Subtitle B--Reserve Component Management

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

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

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


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




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

[[Page 122 STAT. 4440]]

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


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


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


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


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

[[Page 122 STAT. 4441]]

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


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

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

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

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

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

[[Page 122 STAT. 4442]]

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

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

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

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

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

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

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

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

[[Page 122 STAT. 4443]]

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

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

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

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

[[Page 122 STAT. 4444]]

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

          Subtitle C--Joint Qualified Officers and Requirements

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

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

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

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

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

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

[[Page 122 STAT. 4445]]

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

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

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

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

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

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

[[Page 122 STAT. 4446]]

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

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

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

[[Page 122 STAT. 4447]]

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

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

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

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

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

[[Page 122 STAT. 4448]]

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

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

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

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

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

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

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

[[Page 122 STAT. 4449]]

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

                 Subtitle D--General Service Authorities

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

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

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

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

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

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

[[Page 122 STAT. 4450]]

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

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

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

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

[[Page 122 STAT. 4451]]

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

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

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

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

[[Page 122 STAT. 4452]]

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

    (i) Promotion.--

[[Page 122 STAT. 4453]]

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

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

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

[[Page 122 STAT. 4454]]

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

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

                   Subtitle E--Education and Training

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

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

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

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

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

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

[[Page 122 STAT. 4455]]

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

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

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

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

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


[[Page 122 STAT. 4456]]



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

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

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

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

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

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

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

[[Page 122 STAT. 4457]]

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

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

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

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

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

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

    ``(b) Limitation.--A degree may not be conferred under this section 
unless--
            ``(1) the Secretary of Education has recommended approval of 
        the degree in accordance with the Federal Policy Governing 
        Granting of Academic Degrees by Federal Agencies; and

[[Page 122 STAT. 4458]]

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

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

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

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

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

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

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

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

[[Page 122 STAT. 4459]]

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

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

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

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

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

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

    ``(c) Congressional Notification <<NOTE: Reports.>> Requirements.--
(1) When seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives--
            ``(A) <<NOTE: Assessments.>> a copy of the self assessment 
        questionnaire required by the Federal Policy Governing Granting 
        of Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted

[[Page 122 STAT. 4460]]

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

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

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

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

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

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

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

[[Page 122 STAT. 4461]]

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

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

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

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

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

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

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

[[Page 122 STAT. 4462]]

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

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

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

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

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

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

    ``(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report containing the rationale for the proposed modification or 
redesignation and any subsequent recommendation of the Secretary of 
Education on the proposed modification or redesignation.
    ``(3) The Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report 
containing an explanation of any action by the appropriate academic 
accrediting agency or organization not to accredit the Marine Corps 
University to award any new or existing degree.
    ``(d) Board <<NOTE: Establishment.>> of Advisors.--The Secretary of 
the Navy shall establish a board of advisors for the Marine Corps 
University. The Secretary shall ensure that the board is established so 
as to meet all requirements of the appropriate regional accrediting 
association.''.

[[Page 122 STAT. 4463]]

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

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

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

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

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

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

[[Page 122 STAT. 4464]]

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

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

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

    (i) Air University.--
            (1) In general.--Section 9317 of such title is amended to 
        read as follows:

[[Page 122 STAT. 4465]]

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

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

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

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

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

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

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

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

[[Page 122 STAT. 4466]]

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

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

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

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

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

[[Page 122 STAT. 4467]]

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

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

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

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

[[Page 122 STAT. 4468]]

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

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

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

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

                Subtitle F--Defense Dependents' Education

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

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

[[Page 122 STAT. 4469]]

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

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

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

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

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

[[Page 122 STAT. 4470]]

                      Subtitle G--Military Justice

SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.

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

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

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

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

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

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

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

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

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

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

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

[[Page 122 STAT. 4471]]

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

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

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

        Subtitle H--Decorations, Awards, and Honorary Promotions

SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.

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

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

[[Page 122 STAT. 4472]]

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

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

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

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

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

                      Subtitle I--Military Families

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

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

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

[[Page 122 STAT. 4473]]

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

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

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

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

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

[[Page 122 STAT. 4474]]

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

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

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

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

                        Subtitle J--Other Matters

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

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

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

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

[[Page 122 STAT. 4475]]

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

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

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

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

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

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

[[Page 122 STAT. 4476]]

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

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

    (c) Meetings.--
            (1) Initial meeting.--The <<NOTE: Deadline.>> commission 
        shall conduct its first meeting not later than 30 days after the 
        date on which a majority of the appointed members of the 
        commission have been appointed.

[[Page 122 STAT. 4477]]

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

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

[[Page 122 STAT. 4478]]

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

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

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

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

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

[[Page 122 STAT. 4479]]

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

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

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

[[Page 122 STAT. 4480]]

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

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

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

[[Page 122 STAT. 4481]]

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

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

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

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

[[Page 122 STAT. 4482]]

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

           Subtitle B--Bonuses and Special and Incentive Pays

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

            Subtitle C--Travel and Transportation Allowances

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

              Subtitle D--Retired Pay and Survivor Benefits

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

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

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

                        Subtitle F--Other Matters

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

                     Subtitle A--Pay and Allowances

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

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

[[Page 122 STAT. 4483]]

1009 of title 37, United States Code, in the rates of monthly basic pay 
authorized members of the uniformed services shall not be made.
    (b) Increase <<NOTE: Effective date.>> in Basic Pay.--Effective on 
January 1, 2009, the rates of monthly basic pay for members of the 
uniformed services are increased by 3.9 percent.
SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR MEALS 
                        RECEIVED AT MILITARY TREATMENT FACILITIES 
                        BY MEMBERS RECEIVING CONTINUOUS CARE.

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

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

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

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

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

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

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

[[Page 122 STAT. 4484]]

           Subtitle B--Bonuses and Special and Incentive Pays

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

    (a) Selected Reserve Reenlistment Bonus.--Section 308b(g) of title 
37, United States Code, is amended by striking ``December 31, 2008'' and 
inserting ``December 31, 2009''.
    (b) Selected Reserve Affiliation or Enlistment Bonus.--Section 
308c(i) of such title is amended by striking ``December 31, 2008'' and 
inserting ``December 31, 2009''.
    (c) Special Pay for Enlisted Members Assigned to Certain High 
Priority Units.--Section 308d(c) of such title is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
    (d) Ready Reserve Enlistment Bonus for Persons Without Prior 
Service.--Section 308g(f)(2) of such title is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
    (e) Ready Reserve Enlistment and Reenlistment Bonus for Persons With 
Prior Service.--Section 308h(e) of such title is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
    (f) Selected Reserve Enlistment Bonus for Persons With Prior 
Service.--Section 308i(f) of such title is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES 
                        FOR HEALTH CARE PROFESSIONALS.

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

    (c) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of 
title 37, United States Code, is amended by striking ``December 31, 
2008'' and inserting ``December 31, 2009''.
    (d) Incentive Special Pay for Nurse Anesthetists.--Section 
302e(a)(1) of such title is amended by striking ``December 31, 2008'' 
and inserting ``December 31, 2009''.
    (e) Special Pay for Selected Reserve Health Professionals in 
Critically Short Wartime Specialties.--Section 302g(e) of such title is 
amended by striking ``December 31, 2008'' and inserting ``December 31, 
2009''.
    (f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such 
title is amended by striking ``December 31, 2008'' and inserting 
``December 31, 2009''.
    (h) Accession Bonus for Medical Officers in Critically Short Wartime 
Specialties.--Section 302k(f) of such title is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2009''.

[[Page 122 STAT. 4485]]

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

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

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

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

[[Page 122 STAT. 4486]]

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

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

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

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

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

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

[[Page 122 STAT. 4487]]

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

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

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

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

[[Page 122 STAT. 4488]]

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

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

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

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

[[Page 122 STAT. 4489]]

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

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

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

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

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

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

[[Page 122 STAT. 4490]]

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

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

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

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

[[Page 122 STAT. 4491]]

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

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

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

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

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

            Subtitle C--Travel and Transportation Allowances

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

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

[[Page 122 STAT. 4492]]

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

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

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

              Subtitle D--Retired Pay and Survivor Benefits

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

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

[[Page 122 STAT. 4493]]

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

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

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

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

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

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

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

[[Page 122 STAT. 4494]]

            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Resale Activities Review Board.--(1) The Secretary of Defense 
shall establish a nine-member board to make recommendations to the 
Secretary regarding whether material sold or rented, or proposed for 
sale or rental, on property under the jurisdiction of the Department of 
Defense is barred from sale or rental by subsection (a).
    ``(2)(A) The Secretary of Defense shall appoint six members of the 
board to broadly represent the interests of the patron base served by 
the defense commissary system and the exchange system. The Secretary 
shall appoint one of the members to serve as the chairman of the board. 
At least one member appointed under this subparagraph shall be a person 
with experience managing or advocating for military family programs and 
who is also an eligible patron of the defense commissary system and the 
exchange system.
    ``(B) The Secretary of each of the military departments shall 
appoint one member of the board.
    ``(C) A vacancy on the board shall be filled in the same manner as 
the original appointment.
    ``(3) The Secretary of Defense may detail persons to serve as staff 
for the board. At a minimum, the Secretary shall ensure that the board 
is assisted at meetings by military resale and legal advisors.
    ``(4) <<NOTE: Public information.>> The recommendations made by the 
board under paragraph (1) shall be made available to the public. The 
Secretary of Defense shall publicize the availability of such 
recommendations by such means as the Secretary considers appropriate.

    ``(5) Members of the board shall be allowed travel expense, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5 while 
away from their homes or regular places of business in the performance 
of services for the board.''.
    (b) Deadline for Establishment and Initial Meeting.--
            (1) Establishment.--The board required by subsection (c) of 
        section 2495b of title 10, United States Code, as added by 
        subsection (a), shall be established, and its initial nine 
        members appointed, not later than 120 days after the date of the 
        enactment of this Act.
            (2) Meetings.--The board shall conduct an initial meeting 
        within one year after the date of the appointment of the initial 
        members of the board. At the discretion of the board, the board 
        may consider all materials previously reviewed under such 
        section as available for reconsideration for a minimum of 180 
        days following the initial meeting of the board.

[[Page 122 STAT. 4495]]

                        Subtitle F--Other Matters

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

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

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

    ``(B) Subparagraph (A) does not apply if the death or disability of 
the member is the result the member's misconduct.
    ``(C) The amount to be paid under subparagraph (A)(ii) shall be 
equal to the full amount specified by the agreement or contract 
applicable to the bonus or similar benefit as if the member continued to 
be entitled to the bonus or similar benefit following the death, 
retirement, or separation.
    ``(D) <<NOTE: Deadline.>> Amounts to be paid to a member or the 
member's estate under subparagraph (A)(ii) shall be paid in a lump sum 
not later than 90 days after the date of the death, retirement, or 
separation of the member, whichever applies.

[[Page 122 STAT. 4496]]

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

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

[[Page 122 STAT. 4497]]

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

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

         TITLE VII--HEALTH CARE AND WOUNDED WARRIORS PROVISIONS

               Subtitle A--Improvements to Health Benefits

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

                       Subtitle B--Preventive Care

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

                   Subtitle C--Wounded Warrior Matters

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

                        Subtitle D--Other Matters

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

[[Page 122 STAT. 4498]]

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

               Subtitle A--Improvements to Health Benefits

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

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

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

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

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

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

[[Page 122 STAT. 4499]]

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

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

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

[[Page 122 STAT. 4500]]

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

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

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

                       Subtitle B--Preventive Care

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

    (a) Waiver of Certain Copayments.--Subject <<NOTE: Regulations.>> to 
subsection (b) and under regulations prescribed by the Secretary of 
Defense, the Secretary shall--
            (1) waive all copayments under sections 1079(b) and 1086(b) 
        of title 10, United States Code, for preventive services for all 
        beneficiaries who would otherwise pay copayments; and
            (2) ensure that a beneficiary pays nothing for preventive 
        services during a year even if the beneficiary has not paid the 
        amount necessary to cover the beneficiary's deductible for the 
        year.

    (b) Exclusion for Medicare-Eligible Beneficiaries.--Subsection (a) 
shall not apply to a medicare-eligible beneficiary.
    (c) Refund of Copayments.--
            (1) Authority.--Under <<NOTE: Regulations.>> regulations 
        prescribed by the Secretary of Defense, the Secretary may pay a 
        refund to a medicare-eligible beneficiary excluded by subsection 
        (b), subject to

[[Page 122 STAT. 4501]]

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

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

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

[[Page 122 STAT. 4502]]

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

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

    (d) Implementation Plan.--The <<NOTE: Deadline.>> Secretary of 
Defense shall submit a plan to implement the health risk management 
demonstration project required by this section not later than 90 days 
after the date of the enactment of this Act.

    (e) Duration of Project.--The health risk management demonstration 
project shall be implemented for a period of three years, beginning not 
later than March 1, 2009, and ending three years after that date.
    (f) Report.--
            (1) In general.--The Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives an annual report on the effectiveness of the 
        health risk management demonstration project in improving the 
        health risk measures of military health system beneficiaries 
        enrolled in the demonstration project. The first report shall be 
        submitted not later than one year after the date of the 
        enactment of this Act, and subsequent reports shall be submitted 
        for each year of the demonstration project with the final report 
        being submitted not later than 90 days after the termination of 
        the demonstration project.
            (2) Matters covered.--Each report shall address, at a 
        minimum, the following:
                    (A) The number of beneficiaries who were enrolled in 
                the project.
                    (B) The number of enrolled beneficiaries who 
                participate in the project.
                    (C) The incentives to encourage healthy behaviors 
                that were provided to the beneficiaries in each 
                beneficiary category, and the extent to which the 
                incentives encouraged healthy behaviors.
                    (D) An assessment of the effectiveness of the 
                demonstration project.
                    (E) Recommendations for adjustments to the 
                demonstration project.
                    (F) The estimated costs avoided as a result of 
                decreased health risk conditions on the part of each of 
                the beneficiary categories.

[[Page 122 STAT. 4503]]

                    (G) Recommendations for extending the demonstration 
                project or implementing a permanent wellness assessment 
                program.
                    (H) Identification of legislative authorities 
                required to implement a permanent program.
SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.

    (a) TRICARE Smoking Cessation Program.--
Not <<NOTE: Deadline.>> later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall establish a 
smoking cessation program under the TRICARE program, to be made 
available to all beneficiaries under the TRICARE program, subject to 
subsection (b). The Secretary may prescribe such regulations as may be 
necessary to implement the program.

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

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

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

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

[[Page 122 STAT. 4504]]

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

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

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

    ``(a) Demonstration Project.--During <<NOTE: Time period.>> the 
period beginning on January 1, 2009, and ending on December 31, 2011, 
the Secretary of Defense shall conduct a demonstration project designed 
to evaluate the efficacy of providing an annual allowance (to be known 
as a `preventive health services allowance') to members of the armed 
forces described in subsection (b) to increase the use of preventive 
health services by such members and their dependents.

    ``(b) Eligible Members.--(1) Subject to the numerical limitations 
specified in paragraph (2), a member of the armed forces who is serving 
on active duty for a period of more than 30 days and meets the medical 
and dental readiness requirements for the armed force of the member may 
receive a preventive health services allowance.
    ``(2) Not more than 1,500 members of each of the Army, Navy, Air 
Force, and Marine Corps may receive a preventive health services 
allowance during any year, of which half in each armed force shall be 
members without dependents and half shall be members with dependents.
    ``(c) Amount of Allowance.--The Secretary of the military department 
concerned shall pay a preventive health services allowance to a member 
selected to receive the allowance in an amount equal to--
            ``(1) $500 per year, in the case of a member without 
        dependents; and
            ``(2) $1,000 per year, in the case of a member with 
        dependents.

    ``(d) Authorized Preventive Health Services.--(1) The Secretary of 
Defense shall specify the types of preventive health services that may 
be procured using a preventive health services allowance and the 
frequency at which such services may be procured.
    ``(2) At a minimum, authorized preventive health services shall 
include, taking into consideration the age and gender of the member and 
dependents of the member:
            ``(A) Colorectal screening.
            ``(B) Breast screening.

[[Page 122 STAT. 4505]]

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

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

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

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

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

[[Page 122 STAT. 4506]]

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

                   Subtitle C--Wounded Warrior Matters

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

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

[[Page 122 STAT. 4507]]

            (3) Consultation in development.--The center shall develop 
        the Registry in consultation with audiologists, speech and 
        language pathologists, otolaryngologists, and other specialist 
        personnel of the Department of Defense and the audiologists, 
        speech and language pathologists, otolaryngologists, and other 
        specialist personnel of the Department of Veterans Affairs. The 
        mechanisms and procedures of the Registry shall reflect 
        applicable expert research on military and other hearing loss.
            (4) Mechanisms.--The <<NOTE: Deadlines.>> mechanisms of the 
        Registry for tracking under paragraph (1)(A) shall ensure that 
        each military medical treatment facility or other medical 
        facility shall submit to the center for inclusion in the 
        Registry information on the diagnosis, surgical intervention or 
        other operative procedure, other treatment, and follow up for 
        each case of hearing loss and auditory system injury described 
        in that paragraph as follows (to the extent applicable):
                    (A) Not later than 30 days after surgery or other 
                operative intervention, including a surgery or other 
                operative intervention carried out as a result of a 
                follow-up examination.
                    (B) Not later than 180 days after the hearing loss 
                and auditory system injury is reported or recorded in 
                the medical record.
            (5) Coordination of care and benefits.--
        (A) <<NOTE: Notice.>> The center shall provide notice to the 
        National Center for Rehabilitative Auditory Research (NCRAR) of 
        the Department of Veterans Affairs and to the auditory system 
        impairment services of the Veterans Health Administration on 
        each member of the Armed Forces described in subparagraph (B) 
        for purposes of ensuring the coordination of the provision of 
        ongoing auditory system rehabilitation benefits and services by 
        the Department of Veterans Affairs after the separation or 
        release of such member from the Armed Forces.
            (B) A member of the Armed Forces described in this 
        subparagraph is a member of the Armed Forces with significant 
        hearing loss or auditory system injury incurred while serving on 
        active duty, including a member with auditory dysfunction 
        related to traumatic brain injury.

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

[[Page 122 STAT. 4508]]

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

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

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

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

[[Page 122 STAT. 4509]]

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

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

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

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

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

[[Page 122 STAT. 4510]]

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

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

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

                        Subtitle D--Other Matters

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

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

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

[[Page 122 STAT. 4511]]

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

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

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

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

[[Page 122 STAT. 4512]]

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

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

[[Page 122 STAT. 4513]]

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

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

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

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

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

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

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

[[Page 122 STAT. 4514]]

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

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

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

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

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

[[Page 122 STAT. 4515]]

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

[[Page 122 STAT. 4516]]

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

              Subtitle A--Acquisition Policy and Management

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

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

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

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

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

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

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

          Subtitle E--Department of Defense Contractor Matters

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

          Subtitle F--Matters Relating to Iraq and Afghanistan

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

           Subtitle G--Governmentwide Acquisition Improvements

Sec. 861. Short title.

[[Page 122 STAT. 4517]]

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

                        Subtitle H--Other Matters

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

              Subtitle A--Acquisition Policy and Management

SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILLMENT.

    (a) Assessment Required.--The <<NOTE: Study. Reports.>> Secretary of 
Defense shall commission a study and report by an independent commission 
or a federally funded research and development center to assess the 
effectiveness of the processes used by the Department of Defense for the 
generation of urgent operational need requirements, and the acquisition 
processes used to fulfill such requirements. Such assessment shall 
include the following:
            (1) A description and evaluation of the effectiveness of the 
        procedures used to generate, validate, and fulfill warfighting 
        requirements through the urgent operational need and joint 
        urgent operational need processes, including--
                    (A) the extent to which joint and urgent operational 
                need statements are used to document required capability 
                gaps or are used to request specific acquisition 
                outcomes, such as specific systems or equipment;
                    (B) the effectiveness of the processes used by each 
                of the military departments and the various elements of 
                the Department of Defense to prioritize and fulfill 
                joint and urgent operational needs, including the rapid 
                acquisition processes of the military departments, as 
                well as the joint improvised explosive device defeat 
                organization and the joint rapid acquisition cell; and
                    (C) the timeliness and responsiveness of the 
                processes used by the military departments and the 
                various elements of the Department of Defense to review 
                and validate urgent operational needs statements and 
                joint urgent operational needs statements.

[[Page 122 STAT. 4518]]

            (2) An evaluation of the extent to which joint urgent 
        operational need statements are used to avoid using service-
        specific urgent operational need and acquisition processes or to 
        document non-urgent capability gaps.
            (3) An evaluation of the extent to which joint acquisition 
        entities maintain oversight, once a military department or 
        defense agency has been designated as responsible for execution 
        and fielding of a capability in response to a joint urgent 
        operational need statement, including oversight of--
                    (A) the responsiveness of the military department or 
                agency in execution;
                    (B) the field performance of the capability 
                delivered in response to the joint urgent operational 
                need statement; and
                    (C) the concurrent development of a long term 
                acquisition and sustainment strategy.
            (8) Recommendations regarding--
                    (A) best practices and process improvements to 
                ensure that urgent operational needs statements and 
                joint urgent operational needs statements are presented 
                to appropriate authorities for review and validation not 
                later than 60 days after the documents are submitted;
                    (B) common definitions and standards for urgent 
                operational needs statements and joint urgent 
                operational need statements;
                    (C) best practices and process improvements for the 
                creation, evaluation, prioritization, and fulfillment of 
                urgent operational need statements and joint urgent 
                operational need statements; and
                    (D) the extent to which rapid acquisition processes 
                should be consolidated or expanded.

    (b) Submission to Congress.--Not <<NOTE: Deadline. Reports.>> later 
than 270 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees the 
report resulting from the study conducted pursuant to subsection (a).
SEC. 802. IMPLEMENTATION OF STATUTORY REQUIREMENTS REGARDING THE 
                        NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

    (a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall issue guidance regarding--
            (1) the appropriate application of the authority in sections 
        2304(b) and 2304(c)(3)(A) of title 10, United States Code, in 
        connection with major defense acquisition programs; and
            (2) the appropriate timing and performance of the 
        requirement in section 2440 of title 10, United States Code, to 
        consider the national technology and industrial base in the 
        development and implementation of acquisition plans for each 
        major defense acquisition program.

    (b) Definitions.--In this section;
            (1) Major defense acquisition program.--The term ``major 
        defense acquisition program'' has the meaning provided in 
        section 2430 of title 10, United States Code.
            (2) National technology and industrial base.--The term 
        ``national technology and industrial base'' has the meaning 
        provided in section 2500(1) of title 10, United States Code.

[[Page 122 STAT. 4519]]

SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE.

    (a) In General.--The Secretary of Defense shall ensure that 
contracting officials identify and evaluate, at all stages of the 
acquisition process (including concept refinement, concept decision, and 
technology development), opportunities for the use of commercial 
computer software and other non-developmental software.
    (b) Report.--Not later than 270 days after the date of enactment of 
this Act, the Secretary shall submit to the congressional defense 
committees a report on actions taken to implement subsection (a), 
including a description of any relevant regulations and policy guidance.
SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE 
                        DEPARTMENT OF DEFENSE BY CERTAIN NON-
                        DEFENSE AGENCIES.

    (a) Inclusion of Additional Non-Defense Agencies in Review.--The 
covered non-defense agencies specified in subsection (c) of this section 
shall be considered covered non-defense agencies as defined in 
subsection (i) of section 817 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2326) for purposes of such section.
    (b) Deadlines and Applicability for Additional Non-Defense 
Agencies.--For each covered non-defense agency specified in subsection 
(c) of this section, section 817 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2326) shall apply to such agency as follows:
            (1) The review and determination required by subsection 
        (a)(1) of such section shall be completed by not later than 
        March 15, 2009.
            (2) The review and determination required by subsection 
        (a)(2) of such section, if necessary, shall be completed by not 
        later than June 15, 2010, and such review and determination 
        shall be a review and determination of such agency's procurement 
        of property and services on behalf of the Department of Defense 
        in fiscal year 2009.
            (3) The memorandum of understanding required by subsection 
        (c)(1) of such section shall be entered into by not later than 
        60 days after the date of the enactment of this Act.
            (4) The limitation specified in subsection (d)(1) of such 
        section shall apply after March 15, 2009, and before June 16, 
        2010.
            (5) The limitation specified in subsection (d)(2) of such 
        section shall apply after June 15, 2010.
            (6) The limitation required by subsection (d)(3) of such 
        section shall commence, if necessary, on the date that is 60 
        days after the date of the enactment of this Act.

    (c) Definition of Covered Non-Defense Agency.--In this section, the 
term ``covered non-defense agency'' means each of the following:
            (1) The Department of Commerce.
            (2) The Department of Energy.

    (d) Modification of Certain Additional Authorities on Internal 
Controls for Procurements on Behalf of DOD.--Section 801 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 202; 10 U.S.C. 2304 note) is amended--
            (1) in subsection (a)(2)--

[[Page 122 STAT. 4520]]

                    (A) in subparagraph (B), by striking ``each of the 
                Department of the Treasury, the Department of the 
                Interior, and the National Aeronautics and Space 
                Administration'' and inserting ``the Department of the 
                Interior''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(D) <<NOTE: Deadline.>> In the case of each of the 
                Department of Commerce and the Department of Energy, by 
                not later than March 15, 2015.''; and
            (2) in subsection (f)(2)--
                    (A) by striking subparagraphs (B) and (D);
                    (B) by redesignating subparagraphs (C), (E), and (F) 
                as subparagraphs (B), (C), and (D), respectively; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(E) The Department of Commerce.
                    ``(F) The Department of Energy.''.

  Subtitle B--Provisions Relating to Major Defense Acquisition Programs

SEC. 811. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE 
                        ACQUISITION PROGRAMS UNDER ACQUISITION 
                        REPORTING REQUIREMENTS.

    (a) Authority To Designate Major Subprograms as Subject to 
Acquisition Reporting Requirements.--
            (1) In general.--Chapter 144 of title 10, United States 
        Code, is amended by inserting after section 2430 the following 
        new section:
``Sec. 2430a. Major subprograms

    ``(a) Authority To Designate Major Subprograms as Subject to 
Acquisition Reporting Requirements.--(1) If the Secretary of Defense 
determines that a major defense acquisition program requires the 
delivery of two or more categories of end items which differ 
significantly from each other in form and function, the Secretary may 
designate each such category of end items as a major subprogram for the 
purposes of acquisition reporting under this chapter.
    ``(2) <<NOTE: Notification. Deadline.>> The Secretary shall notify 
the congressional defense committees in writing of any proposed 
designation pursuant to paragraph (1) not less than 30 days before the 
date such designation takes effect.

    ``(b) Reporting Requirements.--If the Secretary designates a major 
subprogram of a major defense acquisition program in accordance with 
subsection (a), Selected Acquisition Reports, unit cost reports, and 
program baselines under this chapter shall reflect cost, schedule, and 
performance information--
            ``(1) for the major defense acquisition program as a whole; 
        and
            ``(2) for each major subprogram of the major defense 
        acquisition program so designated.

    ``(c) Requirement to Cover Entire Major Defense Acquisition 
Program.--If a subprogram of a major defense acquisition program is 
designated as a major subprogram under subsection

[[Page 122 STAT. 4521]]

(a), all other elements of the major defense acquisition program shall 
be appropriately organized into one or more subprograms under the major 
defense acquisition program, each of which subprograms, as so organized, 
shall be treated as a major subprogram under subsection (a).
    ``(d) Definitions.--Notwithstanding paragraphs (1) and (2) of 
section 2432(a) of this title, in the case of a major defense 
acquisition program for which the Secretary has designated one or more 
major subprograms under this section for the purposes of this chapter--
            ``(1) the term `program acquisition unit cost' applies at 
        the level of the subprogram and means the total cost for the 
        development and procurement of, and specific military 
        construction for, the major defense acquisition program that is 
        reasonably allocable to each such major subprogram, divided by 
        the relevant number of fully-configured end items to be produced 
        under such major subprogram;
            ``(2) the term `procurement unit cost' applies at the level 
        of the subprogram and means the total of all funds programmed to 
        be available for obligation for procurement for each such major 
        subprogram, divided by the number of fully-configured end items 
        to be procured under such major subprogram;
            ``(3) the term `major contract', with respect to a 
        designated major subprogram, means each of the six largest 
        prime, associate, or Government furnished equipment contracts 
        under the subprogram that is in excess of $40,000,000 and that 
        is not a firm-fixed price contract; and
            ``(4) the term `life cycle cost', with respect to a 
        designated major subprogram, means all costs of development, 
        procurement, military construction, and operations and support, 
        without regard to funding source or management control.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 144 of such title is amended by inserting 
        after the item relating to section 2430 the following new item:

``2430a. Major subprograms.''.

    (b) Conforming Amendments to Section 2432.--Section 2432 of such 
title is amended--
            (1) in subsection (b)(2)(A), by inserting ``for the program 
        (or for each designated subprogram under the program)'' after 
        ``procurement unit cost'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(B)--
                          (i) by inserting ``or designated major 
                      subprogram'' after ``for each major defense 
                      acquisition program''; and
                          (ii) by inserting ``or subprogram'' after 
                      ``the program'';
                    (B) in paragraph (1)(C)--
                          (i) by inserting ``or designated major 
                      subprogram'' after ``major defense acquisition 
                      program''; and
                          (ii) by inserting ``or subprogram'' after 
                      ``the program''; and
                    (C) in paragraph (3)(A), by inserting ``and each 
                designated major subprogram'' after ``for each major 
                defense acquisition program'';
            (3) in subsection (e)--

[[Page 122 STAT. 4522]]

                    (A) in paragraph (3), by inserting before the period 
                the following: ``for the program (or for each designated 
                major subprogram under the program)'';
                    (B) in paragraph (5), by inserting before the period 
                the following: ``(or for each designated major 
                subprogram under the program)'';
                    (C) in paragraph (7), by inserting ``or subprogram'' 
                after ``of the program'' each place it appears; and
                    (D) in paragraph (8), by inserting ``and designated 
                major subprograms under the program'' after ``the 
                program'';
            (4) in subsection (g)--
                    (A) by inserting ``or designated major subprogram'' 
                after ``major defense acquisition program''; and
                    (B) by inserting ``or subprogram'' after ``the 
                program'' each place it appears; and
            (5) in subsection (h)(2)(C), by inserting ``and designated 
        major subprograms under the program'' after ``the development 
        program''.

    (c) Conforming Amendments to Section 2433.--Section 2433 of such 
title is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``The terms'' and 
                inserting ``Except as provided in section 2430a(c) of 
                this title, the terms'';
                    (B) in paragraph (2)--
                          (i) by inserting ``or designated major 
                      subprogram'' after ``major defense acquisition 
                      program''; and
                          (ii) by inserting ``or subprogram'' after 
                      ``the program'';
                    (C) in paragraph (4)--
                          (i) by inserting ``or designated major defense 
                      subprogram'' after ``major defense acquisition 
                      program'' each place it appears; and
                          (ii) by inserting ``or subprogram'' after 
                      ``for the program'' each place it appears; and
                    (D) in paragraph (5)--
                          (i) by inserting ``or designated major defense 
                      subprogram'' after ``major defense acquisition 
                      program'' each place it appears; and
                          (ii) by inserting ``or subprogram'' after 
                      ``for the program'' each place it appears;
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``(or of each designated major subprogram 
                under the program)'' after ``unit costs of the 
                program'';
                    (B) in paragraph (1), by inserting before the period 
                the following: ``for the program (or for each designated 
                major subprogram under the program)'';
                    (C) in paragraph (2), by inserting before the period 
                the following: ``for the program (or for each designated 
                major subprogram under the program)''; and
                    (D) in paragraph (5), by inserting ``or subprogram'' 
                after ``the program'' each place it appears (other than 
                the last place it appears);
            (3) in subsection (c)--

[[Page 122 STAT. 4523]]

                    (A) by striking ``the program acquisition unit cost 
                for the program or the procurement unit cost for the 
                program'' and inserting ``the program acquisition unit 
                cost for the program (or for a designated major 
                subprogram under the program) or the procurement unit 
                cost for the program (or for such a subprogram)''; and
                    (B) by striking ``for the program'' after 
                ``significant cost growth threshold'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) by inserting ``or any designated major 
                      subprogram under the program'' after ``major 
                      defense acquisition program''; and
                          (ii) by inserting ``or subprogram'' after 
                      ``for the program'' each place it appears;
                    (B) in paragraph (2)--
                          (i) by inserting ``or any designated major 
                      subprogram under the program'' after ``major 
                      defense acquisition program''; and
                          (ii) by inserting ``or subprogram'' after 
                      ``for the program'' each place it appears; and
                    (C) in paragraph (3), by striking ``such program'' 
                and inserting ``the program or subprogram concerned'';
            (5) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A)--
                                    (I) by inserting ``or designated 
                                major subprogram'' after ``major defense 
                                acquisition program''; and
                                    (II) by inserting ``or subprogram'' 
                                after ``for the program''; and
                          (ii) in subparagraph (B)--
                                    (I) by inserting ``or designated 
                                major subprogram'' after ``major defense 
                                acquisition program''; and
                                    (II) by inserting ``or subprogram'' 
                                after ``that program''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A)--
                          (i) by inserting ``or designated major 
                      subprogram'' after ``major defense acquisition 
                      program''; and
                          (ii) by inserting ``or subprogram'' after 
                      ``for the program''; and
            (6) in subsection (g)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (D)--
                                    (I) by inserting ``(and for each 
                                designated major subprogram under the 
                                program)'' after ``for the program''; 
                                and
                                    (II) by inserting ``or subprogram'' 
                                after ``in which the program'';
                          (ii) in subparagraph (E), by inserting ``for 
                      the program (and for each designated major 
                      subprogram under the program)'' after ``program 
                      acquisition cost'';
                          (iii) in subparagraph (F), by inserting before 
                      the period the following: ``for the program (or 
                      for any designated major subprogram under the 
                      program)'';

[[Page 122 STAT. 4524]]

                          (iv) in subparagraph (G)--
                                    (I) by inserting ``and each 
                                designated major subprogram under the 
                                program'' after of ``the program''; and
                                    (II) by inserting ``or subprogram'' 
                                after ``for the program'' each place it 
                                appears;
                          (v) in subparagraph (H)--
                                    (I) by inserting ``and each 
                                designated major subprogram under the 
                                program'' after ``the program'' the 
                                first place it appears; and
                                    (II) by inserting ``or subprogram'' 
                                after ``the program'' the second place 
                                it appears;
                          (vi) in subparagraph (J), by inserting ``for 
                      the program (or for each designated major 
                      subprogram under the program)'' after ``program 
                      acquisition unit cost'';
                          (vii) in subparagraph (K), by inserting ``for 
                      the program (or for each designated major 
                      subprogram under the program)'' after 
                      ``procurement unit cost'' each place it appears;
                          (viii) in subparagraph (O), by inserting 
                      before the period the following: ``for the program 
                      (or for any designated major subprogram under the 
                      program)'';
                          (ix) in subparagraph (P)--
                                    (I) by inserting ``or subprogram'' 
                                after ``the program'' the first place it 
                                appears; and
                                    (II) by inserting ``and any 
                                designated major subprogram under the 
                                program'' after ``the program'' the 
                                second place it appears; and
                          (x) in subparagraph (Q), by inserting ``or any 
                      designated major subprogram under the program'' 
                      after ``the program''; and
                    (B) in paragraph (2)--
                          (i) by inserting ``or designated major 
                      subprogram'' after ``major defense acquisition 
                      program'';
                          (ii) by inserting ``or subprogram'' after 
                      ``the entire program''; and
                          (iii) by inserting ``or subprogram'' after ``a 
                      program''.

    (d) Conforming Amendments to Section 2435.--Section 2435 of such 
title is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``and for each 
                designated major subprogram under the program'' after 
                ``major defense acquisition program''; and
                    (B) in paragraph (2), by inserting ``or designated 
                major subprogram'' after ``major defense acquisition 
                program'';
            (2) in subsection (b)--
                    (A) by inserting ``or any designated major 
                subprogram under the program'' after ``major defense 
                acquisition program''; and
                    (B) by inserting ``or subprogram'' after ``the 
                program'';
            (3) in subsection (c)--
                    (A) by inserting ``or any designated major 
                subprogram under the program'' after ``major defense 
                acquisition program''; and
                    (B) by inserting ``or subprogram'' after ``the 
                program'' each place it appears;

[[Page 122 STAT. 4525]]

            (4) in subsection (d)--
                    (A) by inserting ``or any designated major 
                subprogram under the program'' after ``major defense 
                acquisition program'' each place it appears;
                    (B) in paragraph (1)--
                          (i) by inserting ``or subprogram'' after ``the 
                      program'' each place it appears; and
                          (ii) by inserting ``or subprogram'' after ``at 
                      program''; and
                    (C) in paragraph (2), by inserting ``or subprogram'' 
                after ``for the program'' each place it appears; and
            (5) in subsection (e)--
                    (A) by inserting ``(or in the case of a major 
                defense acquisition program with one or more designated 
                major subprograms, approved baseline descriptions for 
                such subprograms)'' after ``baseline description'';
                    (B) by striking ``the baseline'' and inserting ``any 
                such baseline description''; and
                    (C) by inserting ``or subprogram'' after ``of the 
                program''.
SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY 
                        INVESTMENTS IN ACQUISITION OVERSIGHT 
                        AUTHORITIES FOR MAJOR AUTOMATED 
                        INFORMATION SYSTEM PROGRAMS.

    (a) Definitions.--
            (1) In general.--Section 2445a of title 10, United States 
        Code, is amended--
                    (A) in subsection (a), by striking ``In General'' 
                and inserting ``Major Automated Information System 
                Program''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(d) Other Major Information Technology Investment Program.--In 
this chapter, the term `other major information technology investment 
program' means the following:
            ``(1) An investment that is designated by the Secretary of 
        Defense, or a designee of the Secretary, as a `pre-Major 
        Automated Information System' or `pre-MAIS' program.
            ``(2) Any other investment in automated information system 
        products or services that is expected to exceed the thresholds 
        established in subsection (a), as adjusted under subsection (b), 
        but is not considered to be a major automated information system 
        program because a formal acquisition decision has not yet been 
        made with respect to such investment.''.
            (2) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 2445a. Definitions''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 144A of such title is amended by striking 
        the item relating to section 2445a and inserting the following 
        new item:

``2445a. Definitions.''.

    (b) Cost, Schedule, and Performance Information.--Section 2445b of 
such title is amended--

[[Page 122 STAT. 4526]]

            (1) in subsection (a), by inserting ``and each other major 
        information technology investment program'' after ``each major 
        automated information system program'';
            (2) in subsection (b), by inserting ``Regarding Major 
        Automated Information System Programs'' after ``Elements''; and
            (3) by adding at the end the following new subsection:

    ``(d) Elements Regarding Other Major Information Technology 
Investment Programs.--With respect to each other major information 
technology investment program, the information required by subsection 
(a) may be provided in the format that is most appropriate to the 
current status of the program.''.
    (c) Quarterly Reports.--Section 2445c of such title is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or other major information 
                technology investment program'' after ``major automated 
                information system program''; and
                    (B) by inserting ``or information technology 
                investment'' after ``the major automated information 
                system'';
            (2) in subsection (b)--
                    (A) by inserting ``or other major information 
                technology investment program'' after ``major automated 
                information system program'' in the matter preceding 
                paragraph (1); and
                    (B) by inserting ``or information technology 
                investment'' after ``automated information system'' each 
                place it appears in paragraphs (1) and (2);
            (3) in subsection (d)--
                    (A) in paragraph (1) and in paragraph (2) in the 
                matter preceding subparagraph (A), by inserting ``or 
                other major information technology investment program'' 
                after ``major automated information system program''; 
                and
                    (B) in paragraph (2)--
                          (i) by striking subparagraph (A) and inserting 
                      the following:
                    ``(A) the automated information system or 
                information technology investment failed to achieve 
                initial operational capability within five years after 
                funds were first obligated for the program;'';
                          (ii) in subparagraph (B), by inserting before 
                      the semicolon the following: ``or section 2445b(d) 
                      of this title, as applicable'';
                          (iii) in subparagraph (C), by inserting before 
                      the semicolon the following: ``or section 2445b(d) 
                      of this title, as applicable''; and
                          (iv) in subparagraph (D)--
                                    (I) by inserting ``or major 
                                information technology investment'' 
                                after ``major automated information 
                                system''; and
                                    (II) by inserting before the period 
                                the following: ``or section 2445b(d) of 
                                this title, as applicable'';
            (4) in subsection (e), by inserting ``or other major 
        information technology investment program'' after ``major 
        automated information system program''; and
            (5) in subsection (f)--

[[Page 122 STAT. 4527]]

                    (A) by inserting ``or other major information 
                technology investment program'' after ``major automated 
                information system program'' in the matter preceding 
                paragraph (1);
                    (B) in paragraph (1), by inserting ``or information 
                technology investment'' after ``automated information 
                system'';
                    (C) in paragraph (2), by inserting ``or information 
                technology investment'' after ``the system''; and
                    (D) in paragraph (3), by inserting ``or information 
                technology investment, as applicable,'' after ``the 
                program and system''.
SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILESTONE A 
                        AND MILESTONE B FOR CLARITY.

    (a) Reversal of Order of Sections.--Section 2366b of title 10, 
United States Code, is transferred so as to appear before section 2366a 
of such title.
    (b) Redesignation of Sections.--Section 2366b (relating to Milestone 
A) and section 2366a (relating to Milestone B) of such title, as so 
transferred, are redesignated as sections 2366a and 2366b, respectively.
    (c) Technical Amendment.--The table of sections at the beginning of 
chapter 139 of title 10, United States Code, is amended by striking the 
items relating sections 2366a and 2366b and inserting the following new 
items:

``2366a. Major defense acquisition programs: certification required 
           before Milestone A or Key Decision Point A approval.
``2366b. Major defense acquisition programs: certification required 
           before Milestone B or Key Decision Point B approval.''.

    (d) Conforming Amendments.--
            (1) Section 181 of title 10, united states code.--Section 
        181(b)(4) of title 10, United States Code, is amended by 
        striking ``section 2366a(a)(4), section 2366b(b),'' and 
        inserting ``section 2366a(b), section 2366b(a)(4),''.
            (2) National defense authorization act for fiscal year 
        2008.--The National Defense Authorization Act for Fiscal Year 
        2008 (Public Law 110-181) is amended--
                    (A) in section 212(1) <<NOTE: Ante, p. 35.>> by 
                striking ``2366a'' and inserting ``2366b''; and
                    (B) in section 816 <<NOTE: Ante, p. 223.>> --
                          (i) in subsection (a)(2) by striking ``2366a'' 
                      and inserting ``2366b'';
                          (ii) in subsection (a)(3) by striking ``2366b 
                      of title 10, United States Code, as added by 
                      section 943 of this Act'' and inserting ``2366a of 
                      title 10, United States Code''; and
                          (iii) in subsection (c)(2) by striking 
                      ``2366a'' each place such term appears (including 
                      in the paragraph heading) and inserting ``2366b''.
            (3) John warner national defense authorization act for 
        fiscal year 2007.--The John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364) is 
        amended in <<NOTE: 10 USC 2302 note.>> section 812 (120 Stat. 
        2317), in each of subsections (c)(2)(A) and (d)(2), by striking 
        ``2366a'' and inserting ``2366b''.

    (e) Additional Technical Amendments.--
            (1) Section 2366a of title 10, United States Code, as 
        transferred and redesignated by this section, is amended--

[[Page 122 STAT. 4528]]

                    (A) in paragraphs (1), (2), and (4) of subsection 
                (a), by striking ``system'' each place it appears and 
                inserting ``program'';
                    (B) in paragraph (3) of subsection (a)--
                          (i) by striking ``if the system'' and 
                      inserting ``if the program''; and
                          (ii) by striking ``such system'' and inserting 
                      ``such program'';
                    (C) in subsection (b)--
                          (i) by striking ``major system'' and inserting 
                      ``major defense acquisition program''; and
                          (ii) by striking ``the system'' each place it 
                      appears and inserting ``the program''; and
                    (D) in paragraph (1) of subsection (c)--
                          (i) by striking ``major system'' and inserting 
                      ``major defense acquisition program''; and
                          (ii) by striking ``2302(5)'' and inserting 
                      ``2430''.
            (2) Section 943 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 288) is 
        amended--
                    (A) in subsection (b), by striking ``major weapon 
                system'' and inserting ``major defense acquisition 
                program''; and
                    (B) in subsection (c)--
                          (i) by striking ``major systems'' and 
                      inserting ``major defense acquisition programs''; 
                      and
                          (ii) by adding at the end the following: ``In 
                      the case of the certification required by 
                      paragraph (2) of subsection (a) of such section, 
                      during the period prior to the completion of the 
                      first quadrennial roles and missions review 
                      required by section 118b of title 10, United 
                      States Code, the certification required by that 
                      paragraph shall be that the system is being 
                      executed by an entity with a relevant core 
                      competency as identified by the Secretary of 
                      Defense.''.
SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL UNDER 
                        MAJOR DEFENSE ACQUISITION PROGRAMS.

    (a) Configuration Steering Boards.--Each Secretary of a military 
department shall establish one or more boards (to be known as a 
``Configuration Steering Board'') for the major defense acquisition 
programs of such department.
    (b) Composition.--
            (1) Chair.--Each Configuration Steering Board under this 
        section shall be chaired by the service acquisition executive of 
        the military department concerned.
            (2) Particular members.--Each Configuration Steering Board 
        under this section shall include a representative of the 
        following:
                    (A) The Office of the Under Secretary of Defense for 
                Acquisition, Technology, and Logistics.
                    (B) The Chief of Staff of the Armed Force concerned.
                    (C) Other Armed Forces, as appropriate.
                    (D) The Joint Staff.
                    (E) The Comptroller of the military department 
                concerned.

[[Page 122 STAT. 4529]]

                    (F) The military deputy to the service acquisition 
                executive concerned.
                    (G) The program executive officer for the major 
                defense acquisition program concerned.
                    (H) Other senior representatives of the Office of 
                the Secretary of Defense and the military department 
                concerned, as appropriate.

    (c) Responsibilities.--
            (1) In general.--The Configuration Steering Board for a 
        major defense acquisition program under this section shall be 
        responsible for the following:
                    (A) Preventing unnecessary changes to program 
                requirements and system configuration that could have an 
                adverse impact on program cost or schedule.
                    (B) Mitigating the adverse cost and schedule impact 
                of any changes to program requirements or system 
                configuration that may be required.
                    (C) Ensuring that the program delivers as much 
                planned capability as possible, at or below the relevant 
                program baseline.
            (2) Discharge of responsibilities.--In discharging its 
        responsibilities under this section with respect to a major 
        defense acquisition program, a Configuration Steering Board 
        shall--
                    (A) review and approve or disapprove any proposed 
                changes to program requirements or system configuration 
                that have the potential to adversely impact program cost 
                or schedule; and
                    (B) review and recommend proposals to reduce program 
                requirements that have the potential to improve program 
                cost or schedule in a manner consistent with program 
                objectives.
            (3) Presentation of recommendations on reduction in 
        requirements.--Any recommendation for a proposed reduction in 
        requirements that is made by a Configuration Steering Board 
        under paragraph (2)(B) shall be presented to appropriate 
        organizations of the Joint Staff and the military departments 
        responsible for such requirements for review and approval in 
        accordance with applicable procedures.
            (4) Annual consideration of each major defense acquisition 
        program.--The Secretary of the military department concerned 
        shall ensure that a Configuration Steering Board under this 
        section meets to consider each major defense acquisition program 
        of such military department at least once each year.
            (5) Certification of cost and schedule deviations during 
        system design and development.--For a major defense acquisition 
        program that received an initial Milestone B approval during 
        fiscal year 2008, a Configuration Steering Board may not approve 
        any proposed alteration to program requirements or system 
        configuration if such an alteration would--
                    (A) increase the cost (including any increase for 
                expected inflation or currency exchange rates) for 
                system development and demonstration by more than 25 
                percent; or

[[Page 122 STAT. 4530]]

                    (B) extend the schedule for key events by more than 
                15 percent of the total number of months between the 
                award of the system development and demonstration 
                contract and the scheduled Milestone C approval date,
        unless the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics certifies to the congressional defense 
        committees, and includes in the certification supporting 
        rationale, that approving such alteration to program 
        requirements or system configuration is in the best interest of 
        the Department of Defense despite the cost and schedule impacts 
        to system development and demonstration of such program.

    (d) Applicability.--
            (1) In general.--The requirements of this section shall 
        apply with respect to any major defense acquisition program that 
        is commenced before, on, or after the date of the enactment of 
        this Act.
            (2) Current programs.--In <<NOTE: Deadline.>> the case of 
        any major defense acquisition program that is ongoing as of the 
        date of the enactment of this Act, a Configuration Steering 
        Board under this section shall be established for such program 
        not later than 60 days after the date of the enactment of this 
        Act.

    (e) Guidance on Authorities of Program Managers After Milestone B.--
            (1) Modification of guidance on authorities.--Paragraph (2) 
        of section 853(d) of the John Warner National Defense 
        Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
        Stat. <<NOTE: 10 USC 2430 note.>> 2343) is amended to read as 
        follows:
            ``(2) authorities available to the program manager, 
        including--
                    ``(A) the authority to object to the addition of new 
                program requirements that would be inconsistent with the 
                parameters established at Milestone B (or Key Decision 
                Point B in the case of a space program) and reflected in 
                the performance agreement, unless such requirements are 
                approved by the appropriate Configuration Steering 
                Board; and
                    ``(B) the authority to recommend to the appropriate 
                Configuration Steering Board reduced program 
                requirements that have the potential to improve program 
                cost or schedule in a manner consistent with program 
                objectives; and''.
            (2) Applicability.--The <<NOTE: Deadline.>> Secretary of 
        Defense shall modify the guidance described in section 853(d) of 
        the John Warner National Defense Authorization Act for Fiscal 
        Year 2007 in order to take into account the amendment made by 
        paragraph (1) not later than 60 days after the date of the 
        enactment of this Act.

    (f) Major Defense Acquisition Program Defined.--In this section, the 
term ``major defense acquisition program'' has the meaning given that 
term in section 2430(a) of title 10, United States Code.
SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISITION 
                        PROGRAMS.

    (a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall issue guidance requiring the preservation and storage of unique

[[Page 122 STAT. 4531]]

tooling associated with the production of hardware for a major defense 
acquisition program through the end of the service life of the end item 
associated with such a program. Such guidance shall--
            (1) require that the milestone decision authority approve a 
        plan, including the identification of any contract clauses, 
        facilities, and funding required, for the preservation and 
        storage of such tooling prior to Milestone C approval;
            (2) require that the milestone decision authority 
        periodically review the plan required by paragraph (1) prior to 
        the end of the service life of the end item, to ensure that the 
        preservation and storage of such tooling remains adequate and in 
        the best interest of the Department of Defense;
            (3) provide a mechanism for the Secretary to waive the 
        requirement for preservation and storage of unique production 
        tooling, or any category of unique production tooling, if the 
        Secretary--
                    (A) <<NOTE: Determination.>> makes a written 
                determination that such a waiver is in the best interest 
                of the Department of Defense; and
                    (B) <<NOTE: Notification.>> notifies the 
                congressional defense committees of the waiver upon 
                making such determination; and
            (4) provide such criteria as necessary to guide a 
        determination made pursuant to paragraph (3)(A).

    (b) Definitions.--In this section:
            (1) Major defense acquisition program.--The term ``major 
        defense acquisition program'' has the meaning provided in 
        section 2430 of title 10, United States Code.
            (2) Milestone decision authority.--The term ``milestone 
        decision authority'' has the meaning provided in section 
        2366a(f)(2) of such title.
            (3) Milestone c approval.--The term ``Milestone C approval'' 
        has the meaning provided in section 2366(e)(8) of such title.

 Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

SEC. 821. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHALLENGE 
                        PROGRAM.

    Section 2359b of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l) System Defined.--In this section, the term `system'--
            ``(1) means--
                    ``(A) the organization of hardware, software, 
                material, facilities, personnel, data, and services 
                needed to perform a designated function with specified 
                results (such as the gathering of specified data, its 
                processing, and its delivery to users); or
                    ``(B) a combination of two or more interrelated 
                pieces (or sets) of equipment arranged in a functional 
                package to perform an operational function or to satisfy 
                a requirement; and
            ``(2) includes a major system (as defined in section 2302(5) 
        of this title).''.

[[Page 122 STAT. 4532]]

SEC. 822. TECHNICAL DATA RIGHTS.

    (a) Policy Guidance.--Not <<NOTE: Deadline.>> later than 270 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall issue policy guidance with respect to rights in technical data 
under a non-FAR agreement. The guidance shall--
            (1) establish criteria for defining the legitimate interests 
        of the United States and the party concerned in technical data 
        pertaining to an item or process to be developed under the 
        agreement;
            (2) require that specific rights in technical data be 
        established during agreement negotiations and be based upon 
        negotiations between the United States and the potential party 
        to the agreement, except in any case in which the Secretary of 
        Defense determines, on the basis of criteria established in such 
        policy guidance, that the establishment of rights during or 
        through agreement negotiations would not be practicable; and
            (3) require the program manager for a major weapon system or 
        an item of personnel protective equipment that is to be 
        developed using a non-FAR agreement to assess the long-term 
        technical data needs of such system or item.

    (b) Requirement to Include Provisions in Non-FAR Agreements.--A non-
FAR agreement shall contain appropriate provisions relating to rights in 
technical data consistent with the policy guidance issued pursuant to 
subsection (a).
    (c) Definitions.--In this section:
            (1) The term ``non-FAR agreement'' means an agreement that 
        is not subject to laws pursuant to which the Federal Acquisition 
        Regulation is prescribed, including--
                    (A) a transaction authorized under section 2371 of 
                this title; and
                    (B) a cooperative research and development 
                agreement.
            (2) The term ``party'', with respect to a non-FAR agreement, 
        means a non-Federal entity and includes any of the following:
                    (A) A contractor and its subcontractors (at any 
                tier).
                    (B) A joint venture.
                    (C) A consortium.

    (d) Report on Life Cycle Planning for Technical Data Needs.--Not 
later than 270 days after the date of enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the 
implementation of the requirements in section 2320(e) of title 10, 
United States Code, for the assessment of long-term technical data needs 
to sustain major weapon systems. Such report shall include--
            (1) a description of all relevant guidance or policies 
        issued;
            (2) a description of the extent to which program managers 
        have received training to better assess the long-term technical 
        data needs of major weapon systems and subsystems; and
            (3) a description of one or more examples, if any, where a 
        priced contract option has been used on major weapon systems for 
        the future delivery of technical data and one or more examples, 
        if any, where all relevant technical data were acquired upon 
        contract award.

[[Page 122 STAT. 4533]]

SEC. 823. REVISION TO THE APPLICATION OF COST ACCOUNTING 
                        STANDARDS.

    (a) Requirement for Review of Exemptions to the Cost Accounting 
Standards.--The Cost Accounting Standards Board shall--
            (1) review the inapplicability of the cost accounting 
        standards, in accordance with existing exemptions, to any 
        contract or subcontract that is executed and performed outside 
        the United States when such a contract or subcontract is 
        performed by a contractor that, but for the fact that the 
        contract or subcontract is being executed and performed entirely 
        outside the United States, would be required to comply with such 
        standards; and
            (2) determine whether the application of the standards to 
        such a contract or subcontract (or any category of such 
        contracts and subcontracts) would benefit the Government.

    (b) Publication of Request for <<NOTE: Deadline.>> Information.--The 
Cost Accounting Standards Board shall publish a request for information 
as part of the review required by subsection (a) and shall provide a 
copy of the request to the appropriate committees of Congress not less 
than five days before the publication of such request.

    (c) Report to Congress Upon Completion of the Review.--Not later 
than 270 days after the date of the enactment of this Act, the Cost 
Accounting Standards Board shall submit to the appropriate committees of 
Congress a report containing--
            (1) any revision to the cost accounting standards proposed 
        as a result of the review required by subsection (a) and a copy 
        of any proposed rulemaking implementing the revision; or
            (2) if no revision and rulemaking are proposed, a detailed 
        justification for such decision.

    (d) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means 
        the Committees on Armed Services of the Senate and of the House 
        of Representatives, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and the Committee on 
        Oversight and Government Reform of the House of Representatives.
            (2) The term ``cost accounting standards'' means the 
        standards promulgated under section 26 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 422).
            (3) The term ``Cost Accounting Standards Board'' means the 
        Board established pursuant to section 26 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 422).
SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR 
                        TRANSITION TO FOLLOW-ON CONTRACTS UNDER 
                        AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE 
                        PROJECTS.

    (a) Expansion of Scope of Pilot Program.--Paragraph (1) of section 
845(e) of the National Defense Authorization Act for Fiscal Year 1994 
(10 U.S.C. 2371 note) is amended by striking ``under prototype projects 
carried out under this section'' and inserting ``developed under 
prototype projects carried out under this section or research projects 
carried out pursuant to section 2371 of title 10, United States Code''.

[[Page 122 STAT. 4534]]

    (b) Two-Year Extension of Authority.--Paragraph (4) of such section 
is amended by striking ``September 30, 2008'' and inserting ``September 
30, 2010''.
SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN THE 
                        DESIGNS OF DEPARTMENT OF DEFENSE VESSELS, 
                        BOATS, CRAFT, AND COMPONENTS THEREOF.

    (a) In General.--Chapter 633 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7317. Status of Government rights in the designs of 
                  vessels, boats, and craft, and components 
                  thereof

    ``(a) In General.--Government rights in the design of a vessel, 
boat, or craft, and its components, including the hull, decks, 
superstructure, and all shipboard equipment and systems, shall be 
determined solely as follows:
            ``(1) In the case of a vessel, boat, craft, or component 
        procured through a contract, in accordance with the provisions 
        of section 2320 of this title.
            ``(2) In the case of a vessel, boat, craft, or component 
        procured through an instrument not governed by section 2320 of 
        this title, by the terms of the instrument (other than a 
        contract) under which the design for such vessel, boat, craft, 
        or component, as applicable, was developed for the Government.

    ``(b) Construction of Superseding Authorities.--This section may be 
modified or superseded by a provision of statute only if such provision 
expressly refers to this section in modifying or superseding this 
section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 633 of such title is amended by adding at the end the following 
new item:

``7317. Status of Government rights in the designs of vessels, boats, 
           and craft, and components thereof''.

Subtitle D--Provisions Relating to Acquisition Workforce and Inherently 
                         Governmental Functions

SEC. 831. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CONTRACTS.

    (a) Guidance Required.--Not <<NOTE: Deadline.>> later than 270 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall develop guidance related to personal services contracts to--
            (1) require a clear distinction between employees of the 
        Department of Defense and employees of Department of Defense 
        contractors;
            (2) provide appropriate safeguards with respect to when, 
        where, and to what extent the Secretary may enter into a 
        contract for the procurement of personal services; and
            (3) assess and take steps to mitigate the risk that, as 
        implemented and administered, non-personal services contracts 
        may become personal services contracts.

    (b) Definition of Personal Services Contract.--In this section, the 
term ``personal services contract'' has the meaning given that term in 
section 2330a(g)(5) of title 10, United States Code.

[[Page 122 STAT. 4535]]

SEC. 832. SENSE OF CONGRESS ON PERFORMANCE BY PRIVATE SECURITY 
                        CONTRACTORS OF CERTAIN FUNCTIONS IN AN 
                        AREA OF COMBAT OPERATIONS.

    It is the sense of Congress that--
            (1) security operations for the protection of resources 
        (including people, information, equipment, and supplies) in 
        uncontrolled or unpredictable high-threat environments should 
        ordinarily be performed by members of the Armed Forces if they 
        will be performed in highly hazardous public areas where the 
        risks are uncertain and could reasonably be expected to require 
        deadly force that is more likely to be initiated by personnel 
        performing such security operations than to occur in self-
        defense;
            (2) it should be in the sole discretion of the commander of 
        the relevant combatant command to determine whether or not the 
        performance by a private security contractor under a contract 
        awarded by any Federal agency of a particular activity, a series 
        of activities, or activities in a particular location, within a 
        designated area of combat operations is appropriate and such a 
        determination should not be delegated to any person who is not 
        in the military chain of command;
            (3) the Secretaries of the military departments and the 
        Chiefs of Staff of the Armed Forces should ensure that the 
        United States Armed Forces have appropriate numbers of trained 
        personnel to perform the functions described in paragraph (1) 
        without the need to rely upon private security contractors; and
            (4) the regulations issued by the Secretary of Defense 
        pursuant to section 862(a) of the National Defense Authorization 
        Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 254; 10 
        U.S.C. 2302 note) should ensure that private security 
        contractors are not authorized to perform inherently 
        governmental functions in an area of combat operations.
SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

    Section 1705 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Expedited Hiring Authority.--
            ``(1) For purposes of sections 3304, 5333, and 5753 of title 
        5, United States Code, the Secretary of Defense may--
                    ``(A) designate any category of acquisition 
                positions within the Department of Defense as shortage 
                category positions; and
                    ``(B) utilize the authorities in such sections to 
                recruit and appoint highly qualified persons directly to 
                positions so designated.
            ``(2) <<NOTE: Termination date.>> The Secretary may not 
        appoint a person to a position of employment under this 
        subsection after September 30, 2012.''.
SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY 
                        PERSONNEL IN THE ACQUISITION FIELD.

    (a) Acquisition Personnel Requirements.--
            (1) In general.--Chapter 87 of title 10, United States Code, 
        is amended by inserting after section 1722 the following new 
        section:

[[Page 122 STAT. 4536]]

``Sec. 1722a. Special requirements for military personnel in the 
                    acquisition field

    ``(a) Requirement for Policy and Guidance Regarding Military 
Personnel in Acquisition.--The Secretary of Defense shall require the 
Secretary of each military department (with respect to such military 
department) and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics (with respect to the Office of the Secretary 
of Defense, the unified combatant commands, the Defense Agencies, and 
the Defense Field Activities) to establish policies and issue guidance 
to ensure the proper development, assignment, and employment of members 
of the armed forces in the acquisition field to achieve the objectives 
of this section as specified in subsection (b).
    ``(b) Objectives.--Policies established and guidance issued pursuant 
to subsection (a) shall ensure, at a minimum, the following:
            ``(1) A career path in the acquisition field that attracts 
        the highest quality officers and enlisted personnel.
            ``(2) A number of command positions and senior 
        noncommissioned officer positions, including acquisition billets 
        reserved for general officers and flag officers under subsection 
        (c), sufficient to ensure that members of the armed forces have 
        opportunities for promotion and advancement in the acquisition 
        field.
            ``(3) A number of qualified, trained members of the armed 
        forces eligible for and active in the acquisition field 
        sufficient to ensure the optimum management of the acquisition 
        functions of the Department of Defense and the appropriate use 
        of military personnel in contingency contracting.

    ``(c) Reservation of Acquisition Billets for General Officers and 
Flag Officers.--(1) The Secretary of Defense shall--
            ``(A) establish for each military department a sufficient 
        number of billets coded or classified for acquisition personnel 
        that are reserved for general officers and flag officers that 
        are needed for the purpose of ensuring the optimum management of 
        the acquisition functions of the Department of Defense; and
            ``(B) ensure that the policies established and guidance 
        issued pursuant to subsection (a) by the Secretary of each 
        military department reserve at least that minimum number of 
        billets and fill the billets with qualified and trained general 
        officers and flag officers who have significant acquisition 
        experience.

    ``(2) The Secretary of Defense shall ensure--
            ``(A) a sufficient number of billets for acquisition 
        personnel who are general officers or flag officers exist within 
        the Office of the Secretary of Defense, the unified combatant 
        commands, the Defense Agencies, and the Defense Field Activities 
        to ensure the optimum management of the acquisition functions of 
        the Department of Defense; and
            ``(B) that the policies established and guidance issued 
        pursuant to subsection (a) by the Secretary reserve within the 
        Office of the Secretary of Defense, the unified combatant 
        commands, the Defense Agencies, and the Defense Field Activities 
        at least that minimum number of billets and fill the billets 
        with qualified and trained general officers and flag officers 
        who have significant acquisition experience.

[[Page 122 STAT. 4537]]

    ``(3) The Secretary of Defense shall ensure that a portion of the 
billets referred to in paragraphs (1) and (2) involve command of 
organizations primarily focused on contracting and are reserved for 
general officers and flag officers who have significant contracting 
experience.
    ``(d) Relationship to Limitation on Preference for Military 
Personnel.--Any designation or reservation of a position for a member of 
the armed forces as a result of a policy established or guidance issued 
pursuant to this section shall be deemed to meet the requirements for an 
exception under paragraph (2) of section 1722(b) of this title from the 
limitation in paragraph (1) of such section.
    ``(e) Report.--Not later than January 1 of each year, the Secretary 
of each military department shall submit to the Under Secretary of 
Defense for Acquisition, Technology, and Logistics a report describing 
how the Secretary fulfilled the objectives of this section in the 
preceding calendar year. The report shall include information on the 
reservation of acquisition billets for general officers and flag 
officers within the department concerned.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 87 of such title is amended by inserting 
        after the item relating to section 1722 the following new item:

``1722a. Special requirements for military personnel in the acquisition 
           field.''.

    (b) Additional Item in Strategic Plan.--Section 543(f)(3)(E) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat 116) is amended by inserting after ``officer assignments 
and grade requirements'' the following: ``, including requirements 
relating to the reservation of billets in the acquisition field for 
general and flag officers,''.
    (c) Annual Report Required.--Not later than 270 days after the date 
of the enactment of this Act, and not later than March 1 of 2010, 2011, 
and 2012, the Secretary of Defense shall submit to the congressional 
defense committees a report on--
            (1) the number acquisition and contracting billets in each 
        of the Armed Forces and joint activities that are reserved for 
        general officers and flag officers; and
            (2) the extent to which these billets have been filled by 
        general officers and flag officers with significant acquisition 
        experience and significant contracting experience, as 
        applicable.

          Subtitle E--Department of Defense Contractor Matters

SEC. 841. ETHICS SAFEGUARDS RELATED TO CONTRACTOR CONFLICTS OF 
                        INTEREST.

    (a) Policy on Personal Conflicts of Interest by Employees of Federal 
Government <<NOTE: Deadline.>> Contractors.--Not later than 270 days 
after the date of the enactment of this Act, the Administrator for 
Federal Procurement Policy shall develop and issue a standard policy to 
prevent personal conflicts of interest by contractor employees 
performing acquisition functions closely associated with inherently 
governmental functions (including the development, award, and 
administration of Government contracts) for or on behalf of a Federal 
agency or department.

[[Page 122 STAT. 4538]]

            (1) Elements of policy.--The policy required under 
        subsection (a) shall--
                    (A) provide a definition of the term ``personal 
                conflict of interest'' as it relates to contractor 
                employees performing acquisition functions closely 
                associated with inherently governmental functions; and
                    (B) require each contractor whose employees perform 
                acquisition functions closely associated with inherently 
                governmental functions to--
                          (i) identify and prevent personal conflicts of 
                      interest for employees of the contractor who are 
                      performing such functions;
                          (ii) prohibit contractor employees who have 
                      access to non-public government information 
                      obtained while performing such functions from 
                      using such information for personal gain;
                          (iii) report any personal conflict-of-interest 
                      violation by such an employee to the applicable 
                      contracting officer or contracting officer's 
                      representative as soon as it is identified;
                          (iv) maintain effective oversight to verify 
                      compliance with personal conflict-of-interest 
                      safeguards;
                          (v) have procedures in place to screen for 
                      potential conflicts of interest for all employees 
                      performing such functions; and
                          (vi) take appropriate disciplinary action in 
                      the case of employees who fail to comply with 
                      policies established pursuant to this section.
            (2) Contract clause.--
                    (A) The Administrator shall develop a personal 
                conflicts-of-interest clause or a set of clauses for 
                inclusion in solicitations and contracts (and task or 
                delivery orders) for the performance of acquisition 
                functions closely associated with inherently 
                governmental functions that sets forth the personal 
                conflicts-of-interest policy developed under this 
                subsection and that sets forth the contractor's 
                responsibilities under such policy.
                    (B) <<NOTE: Effective 
                date. Applicability.>> Subparagraph (A) shall take 
                effect 300 days after the date of the enactment of this 
                Act and shall apply to--
                          (i) contracts entered into on or after that 
                      effective date; and
                          (ii) task or delivery orders awarded on or 
                      after that effective date, regardless of whether 
                      the contracts pursuant to which such task or 
                      delivery orders are awarded are entered before, 
                      on, or after the date of the enactment of this 
                      Act.
            (3) Applicability.--
                    (A) Except as provided in subparagraph (B), this 
                subsection shall apply to any contract for an amount in 
                excess of the simplified acquisition threshold (as 
                defined in section 4(11) of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 403(11)) if the 
                contract is for the performance of acquisition functions 
                closely associated with inherently governmental 
                functions.
                    (B) If only a portion of a contract described in 
                subparagraph (A) is for the performance of acquisition 
                functions

[[Page 122 STAT. 4539]]

                described in that subparagraph, then this subsection 
                applies only to that portion of the contract.

    (b) Review of Federal Acquisition Regulation Relating to Conflicts 
of Interest.--
            (1) Review.--Not <<NOTE: Deadline.>> later than 12 months 
        after the date of the enactment of this Act, the Administrator 
        for Federal Procurement Policy, in consultation with the 
        Director of the Office of Government Ethics, shall review the 
        Federal Acquisition Regulation to--
                    (A) identify contracting methods, types and services 
                that raise heightened concerns for potential personal 
                and organizational conflicts of interest; and
                    (B) determine whether revisions to the Federal 
                Acquisition Regulation are necessary to--
                          (i) address personal conflicts of interest by 
                      contractor employees with respect to functions 
                      other than those described in subsection (a); or
                          (ii) achieve sufficiently rigorous, 
                      comprehensive, and uniform government-wide 
                      policies to prevent and mitigate organizational 
                      conflicts of interest in Federal contracting.
            (2) Regulatory revisions.--If the Administrator determines 
        pursuant to the review under paragraph (1)(B) that revisions to 
        the Federal Acquisition Regulation are necessary, the 
        Administrator shall work with the Federal Acquisition Regulatory 
        Council to prescribe appropriate revisions to the regulations, 
        including the development of appropriate contract clauses.
            (3) Report.--Not later than March 1, 2010, the Administrator 
        shall submit to the Committees on Armed Services of the Senate 
        and House of Representatives, the Committee on Homeland Security 
        and Governmental Affairs in the Senate, and the Committee on 
        Oversight and Government Reform of the House of Representatives 
        a report setting forth such findings and determinations under 
        subparagraphs (A) and (B) of paragraph (1), together with an 
        assessment of any revisions to the Federal Acquisition 
        Regulation that may be necessary.

    (c) Best Practices.--The Administrator for Federal Procurement 
Policy shall, in consultation with the Director of the Office Government 
Ethics, develop and maintain a repository of best practices relating to 
the prevention and mitigation of organizational and personal conflicts 
of interest in Federal contracting.
SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR 
                        EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS.

    (a) In General.--The Secretary of Defense shall ensure that 
contractors of the Department of Defense inform their employees in 
writing of employee whistleblower rights and protections under section 
2409 of title 10, United States Code, as implemented by subpart 3.9 of 
part I of title 48, Code of Federal Regulations.
    (b) Contractor Defined.--In this section, the term ``contractor'' 
has the meaning given that term in section 2409(e)(4) of title 10, 
United States Code.

[[Page 122 STAT. 4540]]

SEC. 843. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN 
                        ACQUISITION STRATEGY FOR DEFENSE BASE ACT 
                        INSURANCE.

    (a) In General.--The Secretary of Defense shall adopt an acquisition 
strategy for insurance required by the Defense Base Act (42 U.S.C. 1651 
et seq.) which minimizes the cost of such insurance to the Department of 
Defense and to defense contractors subject to such Act.
    (b) Criteria.--The Secretary shall ensure that the acquisition 
strategy adopted pursuant to subsection (a) addresses the following 
criteria:
            (1) Minimize overhead costs associated with obtaining such 
        insurance, such as direct or indirect costs for contract 
        management and contract administration.
            (2) Minimize costs for coverage of such insurance consistent 
        with realistic assumptions regarding the likelihood of incurred 
        claims by contractors of the Department.
            (3) Provide for a correlation of premiums paid in relation 
        to claims incurred that is modeled on best practices in 
        government and industry for similar kinds of insurance.
            (4) Provide for a low level of risk to the Department.
            (5) Provide for a competitive marketplace for insurance 
        required by the Defense Base Act to the maximum extent 
        practicable.

    (c) Options.--In adopting the acquisition strategy pursuant to 
subsection (a), the Secretary shall consider such options (including 
entering into a single Defense Base Act insurance contract) as the 
Secretary deems to best satisfy the criteria identified under subsection 
(b).
    (d) Report.--(1) Not later than 270 days after the date of enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives, the Committee 
on Homeland Security and Governmental Affairs of the Senate, and the 
Committee on Oversight and Government Reform of the House of 
Representatives a report on the acquisition strategy adopted pursuant to 
subsection (a).
    (2) The report shall include a discussion of each of the options 
considered pursuant to subsection (c) and the extent to which each 
option addresses the criteria identified under subsection (b), and shall 
include a plan to implement within 18 months after the date of enactment 
of this Act the acquisition strategy adopted by the Secretary.
    (e) Review of Acquisition <<NOTE: Deadline.>> Strategy.--As 
considered appropriate by the Secretary, but not less often than once 
every 3 years, the Secretary shall review and, as necessary, update the 
acquisition strategy adopted pursuant to subsection (a) to ensure that 
it best addresses the criteria identified under subsection (b).
SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE 
                        CONTRACTORS.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall provide a report to 
the Committees on Armed Services of the Senate and the House of 
Representatives on the use of off-shore subsidiaries by contractors of 
the Department of Defense.
    (b) Matters Covered.--The report shall comprehensively examine the 
rationale, implications, and costs and benefits for both

[[Page 122 STAT. 4541]]

the contractor and the Department of Defense in using off-shore 
subsidiaries, particularly in respect to--
            (1) tax liability (including corporate income taxes and 
        payroll taxes);
            (2) legal liability;
            (3) compliance with cost accounting standards;
            (4) efficiency in contract performance;
            (5) contract management and contract oversight; and
            (6) such other areas as the Comptroller General determines 
        appropriate.
SEC. 845. DEFENSE INDUSTRIAL SECURITY.

     (a) Defense Industrial Security.--
            (1) In general.--Subchapter I of chapter 21 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 438. Defense industrial security

    ``(a) Responsibility <<NOTE: Classified information.>> for Defense 
Industrial Security.--The Secretary of Defense shall be responsible for 
the protection of classified information disclosed to contractors of the 
Department of Defense.

    ``(b) Consistency With Executive Orders and Directives.--The 
Secretary shall carry out the responsibility assigned under subsection 
(a) in a manner consistent with Executive Order 12829 (or any successor 
order to such executive order) and consistent with policies relating to 
the National Industrial Security Program (or any successor to such 
program).
    ``(c) Performance of Industrial Security Functions for Other 
Agencies.--The Secretary may perform industrial security functions for 
other agencies of the Federal government upon request or upon 
designation of the Department of Defense as executive agent for the 
National Industrial Security Program (or any successor to such program).
    ``(d) Regulations and Policy Guidance.--The Secretary shall 
prescribe, and from time to time revise, such regulations and policy 
guidance as are necessary to ensure the protection of classified 
information disclosed to contractors of the Department of Defense.
    ``(e) Dedication of Resources.--The Secretary shall ensure that 
sufficient resources are provided to staff, train, and support such 
personnel as are necessary to fully protect classified information 
disclosed to contractors of the Department of Defense.
    ``(f) Biennial Report.--The Secretary shall report biennially to the 
congressional defense committees on expenditures and activities of the 
Department of Defense in carrying out the requirements of this section. 
The Secretary shall submit the report at or about the same time that the 
President's budget is submitted pursuant to section 1105(a) of title 31, 
United States Code, in odd numbered years. The report shall be in an 
unclassified form (with a classified annex if necessary) and shall cover 
the activities of the Department of Defense in the preceding two fiscal 
years, including the following:
            ``(1) The workforce responsible for carrying out the 
        requirements of this section, including the number and 
        experience of such workforce; training in the performance of 
        industrial security functions; performance metrics; and 
        resulting assessment of overall quality.

[[Page 122 STAT. 4542]]

            ``(2) A description of funds authorized, appropriated, or 
        reprogrammed to carry out the requirements of this section, the 
        budget execution of such funds, and the adequacy of budgets 
        provided for performing such purpose.
            ``(3) Statistics on the number of contractors handling 
        classified information of the Department of Defense, and the 
        percentage of such contractors who are subject to foreign 
        ownership, control, or influence.
            ``(4) Statistics on the number of violations identified, 
        enforcement actions taken, and the percentage of such violations 
        occurring at facilities of contractors subject to foreign 
        ownership, control, or influence.
            ``(5) An assessment of whether major contractors 
        implementing the program have adequate enforcement programs and 
        have trained their employees adequately in the requirements of 
        the program.
            ``(6) Trend data on attempts to compromise classified 
        information disclosed to contractors of the Department of 
        Defense to the extent that such data are available.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of chapter 21 of title 10, United 
        States Code, is amended by adding at the end the following new 
        item:

``438. Defense industrial security.''.

    (b) Submission of First Biennial Report.--Notwithstanding the 
deadline in subsection (f) of section 438 of title 10, United States 
Code, as added by this section, the first biennial report submitted 
after the date of the enactment of this Act pursuant to such subsection 
shall be submitted not later than September 1, 2009, and shall address 
the period from the date of the enactment of this Act to the issuance of 
such report.
    (c) Report on Improving Industrial Security.--Not later than March 
1, 2009, the Secretary of Defense shall submit to the congressional 
defense committees a report on improving industrial security, including, 
at a minimum, the following:
            (1) The actions taken or actions planned to implement the 
        recommendations of the Comptroller General as embodied in the 
        report entitled ``Industrial Security: DOD Cannot Ensure Its 
        Oversight of Contractors Under Foreign Influence Is Sufficient'' 
        (GAO-05-681; July 2005).
            (2) Other actions taken or action planned to improve 
        industrial security.
            (3) An analysis of the impact of emerging financial 
        arrangements such as sovereign wealth funds, hedge funds, and 
        other new financial debt and credit arrangements on the 
        Department's ability to identify and mitigate foreign ownership, 
        control, or influence.
            (4) Any recommendations of the Secretary for modifying 
        regulations and policy guidance prescribed pursuant to section 
        438(d) of title 10, United States Code, or other regulations or 
        policy guidance addressing industrial security, to extend best 
        practices for industrial security across the broadest possible 
        range of defense contractors, and to improve industrial security 
        generally.

[[Page 122 STAT. 4543]]

          Subtitle F--Matters Relating to Iraq and Afghanistan

SEC. 851. CLARIFICATION AND MODIFICATION OF AUTHORITIES RELATING 
                        TO THE COMMISSION ON WARTIME CONTRACTING 
                        IN IRAQ AND AFGHANISTAN.

    (a) Nature of Commission.--Subsection (a) of section 841 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 230) is amended by inserting ``in the legislative 
branch'' after ``There is hereby established''.
    (b) Pay and Annuities of Members and Staff on Federal 
Reemployment.--Subsection (e) of such is amended by adding at the end 
the following new paragraph:
            ``(8) Pay and annuities of members and staff on federal 
        reemployment.--If warranted by circumstances described in 
        subparagraph (A) or (B) of section 8344(i)(1) of title 5, United 
        States Code, or by circumstances described in subparagraph (A) 
        or (B) of section 8468(f)(1) of such title, as applicable, a co-
        chairman of the Commission may exercise, with respect to the 
        members and staff of the Commission, the same waiver authority 
        as would be available to the Director of the Office of Personnel 
        Management under such section.''.

    (c) Effective Date.--
            (1) Nature of commission.--The amendment made by subsection 
        (a) shall take effect as of January 28, 2008, as if included in 
        the enactment of the National Defense Authorization Act for 
        Fiscal Year 2008.
            (2) Pay <<NOTE: Applicability.>> and annuities.--The 
        amendment made by subsection (b) shall apply to members and 
        staff of the Commission on Wartime Contracting in Iraq and 
        Afghanistan appointed or employed, as the case may be, on or 
        after that date.
SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND DEPOT 
                        OVERHAUL AND MAINTENANCE OF EQUIPMENT FOR 
                        OPERATIONS IN IRAQ AND AFGHANISTAN.

    (a) Audits Required.--The Army Audit Agency, the Navy Audit Service, 
and the Air Force Audit Agency shall each conduct thorough audits to 
identify potential waste, fraud, and abuse in the performance of the 
following:
            (1) Department of Defense contracts, subcontracts, and task 
        and delivery orders for--
                    (A) depot overhaul and maintenance of equipment for 
                the military in Iraq and Afghanistan; and
                    (B) spare parts for military equipment used in Iraq 
                and Afghanistan; and
            (2) Department of Defense in-house overhaul and maintenance 
        of military equipment used in Iraq and Afghanistan.

    (b) Comprehensive Audit Plan.--
            (1) Plans.--The Army Audit Agency, the Navy Audit Service, 
        and the Air Force Audit Agency shall, in coordination with the 
        Inspector General of the Department of Defense, develop a 
        comprehensive plan for a series of audits to discharge the 
        requirements of subsection (a).
            (2) Incorporation into required audit plan.--The plan 
        developed under paragraph (1) shall be submitted to the

[[Page 122 STAT. 4544]]

        Inspector General of the Department of Defense for incorporation 
        into the audit plan required by section 842(b)(1) of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 122 Stat. 234; 10 U.S.C. 2302 note).

    (c) Independent Conduct of Audit Functions.--All audit functions 
performed under this section, including audit planning and coordination, 
shall be performed in an independent manner.
    (d) Availability of Results.--All audit reports resulting from 
audits under this section shall be made available to the Commission on 
Wartime Contracting in Iraq and Afghanistan established pursuant to 
section 841 of the National Defense Authorization Act for Fiscal Year 
2008 (122 Stat. 230).
    (e) Construction.--Nothing in this section shall be construed to 
require any agency of the Federal Government to duplicate audit work 
that an agency of the Federal Government has already performed.
SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY 
                        CONTRACTORS PERFORMING SECURITY FUNCTIONS 
                        IN AREAS OF COMBAT OPERATIONS.

    Section 862 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 note) is 
amended--
            (1) in subsection (a)(2)(D)--
                    (A) by striking ``or'' at the end of clause (ii); 
                and
                    (B) by inserting after clause (iii) the following 
                new clauses:
                          ``(iv) a weapon is discharged against 
                      personnel performing private security functions in 
                      an area of combat operations or personnel 
                      performing such functions believe a weapon was so 
                      discharged; or
                          ``(v) active, non-lethal countermeasures 
                      (other than the discharge of a weapon) are 
                      employed by the personnel performing private 
                      security functions in an area of combat operations 
                      in response to a perceived immediate threat to 
                      such personnel;''; and
            (2) in subsection (b)(2)(B) in the matter preceding clause 
        (i)--
                    (A) by inserting ``comply with and'' before 
                ``ensure''; and
                    (B) by striking ``comply with--'' and inserting 
                ``act in accordance with--''.
SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES 
                        RELATING TO ALLEGED CRIMES BY OR AGAINST 
                        CONTRACTOR PERSONNEL IN IRAQ AND 
                        AFGHANISTAN.

    (a) In General.--Section 861(b) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
253; 10 U.S.C. 2302 note) is amended by adding the following new 
paragraphs:
            ``(7) Mechanisms for ensuring that contractors are required 
        to report offenses described in paragraph (6) that are alleged 
        to have been committed by or against contractor personnel to 
        appropriate investigative authorities.
            ``(8) Responsibility for providing victim and witness 
        protection and assistance to contractor personnel in connection 
        with alleged offenses described in paragraph (6).

[[Page 122 STAT. 4545]]

            ``(9) Development of a requirement that a contractor shall 
        provide to all contractor personnel who will perform work on a 
        contract in Iraq or Afghanistan, before beginning such work, 
        information on the following:
                    ``(A) How and where to report an alleged offense 
                described in paragraph (6).
                    ``(B) Where to seek the assistance required by 
                paragraph (8).''.

    (b) Implementation.--
            (1) Through memorandum 
        of <<NOTE: Deadline.>> understanding.--The memorandum of 
        understanding required by section 861(a) of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
        Stat. 253; 10 U.S.C. 2302 note) shall be modified to address the 
        requirements under the amendment made by subsection (a) not 
        later than 120 days after the date of the enactment of this Act.
            (2) As condition of current and future contracts.--The 
        requirements under the amendment made by subsection (a) shall be 
        included in each contract in Iraq or Afghanistan (as defined in 
        section 864(a)(2) of Public Law 110-181; 2302 note) awarded on 
        or after the date that is 180 days after the date of the 
        enactment of this Act. Federal agencies shall make best efforts 
        to provide for the inclusion of such requirements in covered 
        contracts awarded before such date.

    (c) Reporting Requirement.--Beginning not later than 270 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
make publicly available a numerical accounting of alleged offenses 
described in section 861(b)(6) of Public Law 110-181 that have been 
reported under that section that occurred after the date of the 
enactment of this Act. The information shall be updated no less 
frequently than semi-annually.
    (d) Definitions.--Section 864(a) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
253; 10 U.S.C. 2302 note) is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Contractor personnel.--The term `contractor personnel' 
        means any person performing work under contract for the 
        Department of Defense, the Department of State, or the United 
        States Agency for International Development, in Iraq or 
        Afghanistan, including individuals and subcontractors at any 
        tier.''.
SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CONGRESS 
                        AUTHORIZES THE USE OF MILITARY FORCE.

    Section 3287 of title 18, United States Code, is amended--
            (1) by inserting ``or Congress has enacted a specific 
        authorization for the use of the Armed Forces, as described in 
        section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)),'' 
        after ``is at war'';
            (2) by inserting ``or directly connected with or related to 
        the authorized use of the Armed Forces'' after ``prosecution of 
        the war'';
            (3) by striking ``three years'' and inserting ``5 years'';

[[Page 122 STAT. 4546]]

            (4) by striking ``proclaimed by the President'' and 
        inserting ``proclaimed by a Presidential proclamation, with 
        notice to Congress,''; and
            (5) by adding at the end the following: ``For purposes of 
        applying such definitions in this section, the term `war' 
        includes a specific authorization for the use of the Armed 
        Forces, as described in section 5(b) of the War Powers 
        Resolution (50 U.S.C. 1544(b)).''.

  Subtitle G-- <<NOTE: Clean Contracting Act of 2008.>> Governmentwide 
Acquisition Improvements
SEC. 861. SHORT TITLE.

    This subtitle may be cited as the ``Clean Contracting Act of 2008''.
SEC. 862. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE 
                        CONTRACTS.

    (a) Civilian Agency Contracts.--Section 303(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253(d)) is 
amended by adding at the end the following new paragraph:
    ``(3)(A) The contract period of a contract described in subparagraph 
(B) that is entered into by an executive agency pursuant to the 
authority provided under subsection (c)(2)--
            ``(i) may not exceed the time necessary--
                    ``(I) to meet the unusual and compelling 
                requirements of the work to be performed under the 
                contract; and
                    ``(II) for the executive agency to enter into 
                another contract for the required goods or services 
                through the use of competitive procedures; and
            ``(ii) may not exceed one year unless the head of the 
        executive agency entering into such contract determines that 
        exceptional circumstances apply.

    ``(B) <<NOTE: Applicability.>> This paragraph applies to any 
contract in an amount greater than the simplified acquisition 
threshold.''.

    (b) Defense Contracts.--Section 2304(d) of title 10, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(3)(A) The contract period of a contract described in subparagraph 
(B) that is entered into by an agency pursuant to the authority provided 
under subsection (c)(2)--
            ``(i) may not exceed the time necessary--
                    ``(I) to meet the unusual and compelling 
                requirements of the work to be performed under the 
                contract; and
                    ``(II) for the agency to enter into another contract 
                for the required goods or services through the use of 
                competitive procedures; and
            ``(ii) may not exceed one year unless the head of the agency 
        entering into such contract determines that exceptional 
        circumstances apply.

    ``(B) <<NOTE: Applicability.>> This paragraph applies to any 
contract in an amount greater than the simplified acquisition 
threshold.''.

[[Page 122 STAT. 4547]]

SEC. 863. REQUIREMENTS FOR PURCHASE OF PROPERTY AND SERVICES 
                        PURSUANT TO MULTIPLE AWARD CONTRACTS.

    (a) Regulations Required.--Not <<NOTE: Deadline.>> later than one 
year after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be amended to require enhanced competition 
in the purchase of property and services by all executive agencies 
pursuant to multiple award contracts.

    (b) Content of Regulations.--
            (1) In general.--The regulations required by subsection (a) 
        shall provide, at a minimum, that each individual purchase of 
        property or services in excess of the simplified acquisition 
        threshold that is made under a multiple award contract shall be 
        made on a competitive basis unless a contracting officer--
                    (A) waives the requirement on the basis of a 
                determination that--
                          (i) one of the circumstances described in 
                      paragraphs (1) through (4) of section 303J(b) of 
                      the Federal Property and Administrative Services 
                      Act of 1949 (41 U.S.C. 253j(b)) or section 
                      2304c(b) of title 10, United States Code, applies 
                      to such individual purchase; or
                          (ii) a law expressly authorizes or requires 
                      that the purchase be made from a specified source; 
                      and
                    (B) justifies the determination in writing.
            (2) Competitive basis procedures.--For purposes of this 
        subsection, an individual purchase of property or services is 
        made on a competitive basis only if it is made pursuant to 
        procedures that--
                    (A) except as provided in paragraph (3), require 
                fair notice of the intent to make that purchase 
                (including a description of the work to be performed and 
                the basis on which the selection will be made) to be 
                provided to all contractors offering such property or 
                services under the multiple award contract; and
                    (B) afford all contractors responding to the notice 
                a fair opportunity to make an offer and have that offer 
                fairly considered by the official making the purchase.
            (3) Exception to notice requirement.--
                    (A) In general.--Notwithstanding paragraph (2), and 
                subject to subparagraph (B), notice may be provided to 
                fewer than all contractors offering such property or 
                services under a multiple award contract as described in 
                subsection (d)(2)(A) if notice is provided to as many 
                contractors as practicable.
                    (B) Limitation on exception.--A purchase may not be 
                made pursuant to a notice that is provided to fewer than 
                all contractors under subparagraph (A) unless--
                          (i) offers were received from at least 3 
                      qualified contractors; or
                          (ii) a contracting officer of the executive 
                      agency determines in writing that no additional 
                      qualified contractors were able to be identified 
                      despite reasonable efforts to do so.

    (c) Public Notice Requirements Related to Sole Source Task or 
Delivery Orders.--

[[Page 122 STAT. 4548]]

            (1) Public notice required.--Not <<NOTE: Deadline.>> later 
        than one year after the date of the enactment of this Act, the 
        Federal Acquisition Regulation shall be amended to require the 
        head of each executive agency to--
                    (A) <<NOTE: Publication. Deadline.>> publish on 
                FedBizOpps notice of all sole source task or delivery 
                orders in excess of the simplified acquisition threshold 
                that are placed against multiple award contracts not 
                later than 14 days after such orders are placed, except 
                in the event of extraordinary circumstances or 
                classified orders; and
                    (B) disclose the determination required by 
                subsection (b)(1) related to sole source task or 
                delivery orders in excess of the simplified acquisition 
                threshold placed against multiple award contracts 
                through the same mechanism and to the same extent as the 
                disclosure of documents containing a justification and 
                approval required by section 2304(f)(1) of title 10, 
                United States Code, and section 303(f)(1) of the Federal 
                Property and Administrative Services Act of 1949 (41 
                U.S.C. 253(f)(1)), except in the event of extraordinary 
                circumstances or classified orders.
            (2) Exemption.--This subsection does not require the public 
        availability of information that is exempt from public 
        disclosure under section 552(b) of title 5, United States Code.

    (d) Definitions.--In this section:
            (1) The term ``executive agency'' has the meaning given such 
        term in section 4(1) of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 403(1)).
            (2) The term ``individual purchase'' means a task order, 
        delivery order, or other purchase.
            (3) The term ``multiple award contract'' means--
                    (A) a contract that is entered into by the 
                Administrator of General Services under the multiple 
                award schedule program referred to in section 2302(2)(C) 
                of title 10, United States Code;
                    (B) a multiple award task order contract that is 
                entered into under the authority of sections 2304a 
                through 2304d of title 10, United States Code, or 
                sections 303H through 303K of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 253h 
                through 253k); and
                    (C) any other indefinite delivery, indefinite 
                quantity contract that is entered into by the head of an 
                executive agency with 2 or more sources pursuant to the 
                same solicitation.
            (4) The term ``sole source task or delivery order'' means 
        any order that does not follow the competitive procedures in 
        subsection (b)(2) or (b)(3).

    (e) Applicability.--The regulations required by subsection (a) shall 
apply to all individual purchases of property or services that are made 
under multiple award contracts on or after the effective date of such 
regulations, without regard to whether the multiple award contracts were 
entered into before, on, or after such effective date.
    (f) Repeal of Redundant Provision.--Section 803 of the National 
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 
U.S.C. 2304 note) is repealed.

[[Page 122 STAT. 4549]]

SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT CONTRACTS.

    (a) In General.--Not <<NOTE: Deadline.>> later than 270 days after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be revised to address the use of cost-reimbursement 
contracts.

    (b) Content.--The regulations promulgated under subsection (a) shall 
include, at a minimum, guidance regarding--
            (1) when and under what circumstances cost-reimbursement 
        contracts are appropriate;
            (2) the acquisition plan findings necessary to support a 
        decision to use cost-reimbursement contracts; and
            (3) the acquisition workforce resources necessary to award 
        and manage cost-reimbursement contracts.

    (c) Inspector General Review.--Not <<NOTE: Deadline.>> later than 
one year after the regulations required by subsection (a) are 
promulgated, the Inspector General for each executive agency shall 
review the use of cost-reimbursement contracts by such agency for 
compliance with such regulations and shall include the results of the 
review in the Inspector General's next semiannual report.

    (d) Report.--Subject to subsection (f), the Director of the Office 
of Management and Budget shall submit an annual report to Congressional 
committees identified in subsection (e) on the use of cost-reimbursement 
contracts and task or delivery orders by all executive agencies. The 
report shall be submitted no later than March 1 and shall cover the 
fiscal year ending September 30 of the prior year. The report shall 
include--
            (1) the total number and value of contracts awarded and 
        orders issued during the covered fiscal year;
            (2) the total number and value of cost-reimbursement 
        contracts awarded and orders issued during the covered fiscal 
        year; and
            (3) an assessment of the effectiveness of the regulations 
        promulgated pursuant to subsection (a) in ensuring the 
        appropriate use of cost-reimbursement contracts.

    (e) Congressional Committees Defined.--The report required by 
subsection (d) shall be submitted to the Committee on Oversight and 
Government Reform of the House of Representatives; the Committee on 
Homeland Security and Governmental Affairs of the Senate; the Committees 
on Appropriations of the House of Representatives and the Senate; and, 
in the case of the Department of Defense and the Department of Energy, 
the Committees on Armed Services of the Senate and the House of 
Representatives.
    (f) Requirements Limited to Certain Agencies and Years.--
            (1) Agencies.--The <<NOTE: Applicability.>> requirement in 
        subsection (c) shall apply only to those executive agencies that 
        awarded contracts or issued orders (under contracts previously 
        awarded) in a total amount of at least $1,000,000,000 in the 
        fiscal year proceeding the fiscal year in which the assessments 
        and reports are submitted.
            (2) Years.--The <<NOTE: Submission dates.>> report required 
        by subsection (d) shall be submitted from March 1, 2009, until 
        March 1, 2014.

    (g) Executive Agency Defined.--In this section, the term ``executive 
agency'' has the meaning given such term in section 4(1) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(1)).

[[Page 122 STAT. 4550]]

SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

    (a) Office of Management and Budget Policy Guidance.--
            (1) Report and guidelines.--Not later than one year after 
        the date of the enactment of this Act, the Director of the 
        Office of Management and Budget shall--
                    (A) submit to Congress a comprehensive report on 
                interagency acquisitions, including their frequency of 
                use, management controls, cost-effectiveness, and 
                savings generated; and
                    (B) issue guidelines to assist the heads of 
                executive agencies in improving the management of 
                interagency acquisitions.
            (2) Matters covered by guidelines.--For purposes of 
        paragraph (1)(B), the Director shall include guidelines on the 
        following matters:
                    (A) Procedures for the use of interagency 
                acquisitions to maximize competition, deliver best value 
                to executive agencies, and minimize waste, fraud, and 
                abuse.
                    (B) Categories of contracting inappropriate for 
                interagency acquisition.
                    (C) Requirements for training acquisition workforce 
                personnel in the proper use of interagency acquisitions.

    (b) Regulations Required.--
            (1) In general.--Not <<NOTE: Deadline.>> later than one year 
        after the date of the enactment of this Act, the Federal 
        Acquisition Regulation shall be revised to require that all 
        interagency acquisitions--
                    (A) include a written agreement between the 
                requesting agency and the servicing agency assigning 
                responsibility for the administration and management of 
                the contract;
                    (B) include a determination that an interagency 
                acquisition is the best procurement alternative; and
                    (C) include sufficient documentation to ensure an 
                adequate audit.
            (2) Multi-agency contracts.--Not <<NOTE: Deadline.>> later 
        than one year after the date of the enactment of this Act, the 
        Federal Acquisition Regulation shall be revised to require any 
        multi-agency contract entered into by an executive agency after 
        the effective date of such regulations to be supported by a 
        business case analysis detailing the administration of such 
        contract, including an analysis of all direct and indirect costs 
        to the Federal Government of awarding and administering such 
        contract and the impact such contract will have on the ability 
        of the Federal Government to leverage its purchasing power.

    (c) Agency Reporting Requirement.--The senior procurement executive 
for each executive agency shall, as directed by the Director of the 
Office of Management and Budget, submit to the Director annual reports 
on the actions taken by the executive agency pursuant to the guidelines 
issued under subsection (a).
    (d) Definitions.--In this section:
            (1) The term ``executive agency'' has the meaning given such 
        term in section 4(1) of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 403(1)), except that, in the case of a military 
        department, it means the Department of Defense.
            (2) The term ``head of executive agency'' means the head of 
        an executive agency except that, in the case of a military 
        department, the term means the Secretary of Defense.

[[Page 122 STAT. 4551]]

            (3) The term ``interagency acquisition'' means a procedure 
        by which an executive agency needing supplies or services (the 
        requesting agency) obtains them from another executive agency 
        (the servicing agency). The term includes acquisitions under 
        section 1535 of title 31, United States Code (commonly referred 
        to as the ``Economy Act''), Federal Supply Schedules above 
        $500,000, and Governmentwide acquisition contracts.
            (4) The term ``multi-agency contract'' means a task or 
        delivery order contract established for use by more than one 
        executive agency to obtain supplies and services, consistent 
        with section 1535 of title 31, United States Code (commonly 
        referred to as the ``Economy Act'').
SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

    (a) Regulations.--Not <<NOTE: Deadline.>> later than one year after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended, for executive agencies other than the 
Department of Defense, to minimize the excessive use by contractors of 
subcontractors, or of tiers of subcontractors, that add no or negligible 
value, and to ensure that neither a contractor nor a subcontractor 
receives indirect costs or profit on work performed by a lower-tier 
subcontractor to which the higher-tier contractor or subcontractor adds 
no, or negligible, value (but not to limit charges for indirect costs 
and profit based on the direct costs of managing lower-tier 
subcontracts).

    (b) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an amount 
greater than the simplified acquisition threshold (as defined by section 
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)).
    (c) Rule of Construction.--Nothing in this section shall be 
construed as limiting the ability of the Department of Defense to 
implement more restrictive limitations on the tiering of subcontractors.
    (d) Applicability.--The Department of Defense shall continue to be 
subject to guidance on limitations on tiering of subcontractors issued 
by the Department pursuant to section 852 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2340).
    (e) Executive Agency Defined.--In this section, the term ``executive 
agency'' has the meaning given such term in section 4(1) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION 
                        OUTCOMES.

    (a) Guidance for Executive Agencies on Linking of Award and 
Incentive Fees to Acquisition Outcomes.--
Not <<NOTE: Deadline. Regulations.>> later than 1 year after the date of 
the enactment of this Act, the Federal Acquisition Regulation shall be 
amended to provide executive agencies other than the Department of 
Defense with instructions, including definitions, on the appropriate use 
of award and incentive fees in Federal acquisition programs.

    (b) Elements.--The regulations under subsection (a) shall--
            (1) ensure that all new contracts using award fees link such 
        fees to acquisition outcomes (which shall be defined in terms of 
        program cost, schedule, and performance);

[[Page 122 STAT. 4552]]

            (2) establish standards for identifying the appropriate 
        level of officials authorized to approve the use of award and 
        incentive fees in new contracts;
            (3) provide guidance on the circumstances in which 
        contractor performance may be judged to be ``excellent'' or 
        ``superior'' and the percentage of the available award fee which 
        contractors should be paid for such performance;
            (4) establish standards for determining the percentage of 
        the available award fee, if any, which contractors should be 
        paid for performance that is judged to be ``acceptable'', 
        ``average'', ``expected'', ``good'', or ``satisfactory'';
            (5) ensure that no award fee may be paid for contractor 
        performance that is judged to be below satisfactory performance 
        or performance that does not meet the basic requirements of the 
        contract;
            (6) provide specific direction on the circumstances, if any, 
        in which it may be appropriate to roll over award fees that are 
        not earned in one award fee period to a subsequent award fee 
        period or periods;
            (7) ensure consistent use of guidelines and definitions 
        relating to award and incentive fees across the Federal 
        Government;
            (8) ensure that each executive agency--
                    (A) collects relevant data on award and incentive 
                fees paid to contractors; and
                    (B) has mechanisms in place to evaluate such data on 
                a regular basis;
            (9) include performance measures to evaluate the 
        effectiveness of award and incentive fees as a tool for 
        improving contractor performance and achieving desired program 
        outcomes; and
            (10) provide mechanisms for sharing proven incentive 
        strategies for the acquisition of different types of products 
        and services among contracting and program management officials.

    (c) Guidance for Department of Defense.--The Department of Defense 
shall continue to be subject to guidance on award and incentive fees 
issued by the Secretary of Defense pursuant to section 814 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364; 120 Stat. 2321).
    (d) Executive Agency Defined.--In this section, the term ``executive 
agency'' has the meaning given such term in section 4(1) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 868. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.

    (a) Regulations Required.--Not <<NOTE: Deadline.>> later than 180 
days after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be amended with respect to the procurement 
of commercial services.

    (b) Applicability of Commercial Procedures.--
            (1) Services of a type sold in marketplace.--The regulations 
        modified pursuant to subsection (a) shall ensure that services 
        that are not offered and sold competitively in substantial 
        quantities in the commercial marketplace, but are of a type 
        offered and sold competitively in substantial quantities

[[Page 122 STAT. 4553]]

        in the commercial marketplace, may be treated as commercial 
        items for purposes of section 254b of title 41, United States 
        Code (relating to truth in negotiations), only if the 
        contracting officer determines in writing that the offeror has 
        submitted sufficient information to evaluate, through price 
        analysis, the reasonableness of the price for such services.
            (2) Information submitted.--To the extent necessary to make 
        a determination under paragraph (1), the contracting officer may 
        request the offeror to submit--
                    (A) prices paid for the same or similar commercial 
                items under comparable terms and conditions by both 
                government and commercial customers; and
                    (B) if the contracting officer determines that the 
                information described in subparagraph (A) is not 
                sufficient to determine the reasonableness of price, 
                other relevant information regarding the basis for price 
                or cost, including information on labor costs, material 
                costs, and overhead rates.
SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.

    (a) Purpose.--The purpose of this section is to authorize the 
preparation and completion of a plan (to be known as the ``Acquisition 
Workforce Development Strategic Plan'') for Federal agencies other than 
the Department of Defense to develop a specific and actionable 5-year 
plan to increase the size of the acquisition workforce, and to operate a 
government-wide acquisition intern program, for such Federal agencies.
    (b) Establishment of Plan.--The Associate Administrator for 
Acquisition Workforce Programs designated under section 855(a) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 251; 41 U.S.C. 433(a)) shall be responsible for the 
management, oversight, and administration of the Acquisition Workforce 
Development Strategic Plan in cooperation and consultation with the 
Office of Federal Procurement Policy and the assistance of the Federal 
Acquisition Institute.
    (c) Criteria.--The Acquisition Workforce Development Strategic Plan 
shall include, at a minimum, an examination of the following matters:
            (1) The variety and complexity of acquisitions conducted by 
        each Federal agency covered by the plan, and the workforce 
        needed to effectively carry out such acquisitions.
            (2) The development of a sustainable funding model to 
        support efforts to hire, retain, and train an acquisition 
        workforce of appropriate size and skill to effectively carry out 
        the acquisition programs of the Federal agencies covered by the 
        plan, including an examination of interagency funding methods 
        and a discussion of how the model of the Defense Acquisition 
        Workforce Development Fund could be applied to civilian 
        agencies.
            (3) Any strategic human capital planning necessary to hire, 
        retain, and train an acquisition workforce of appropriate size 
        and skill at each Federal agency covered by the plan.
            (4) Methodologies that Federal agencies covered by the plan 
        can use to project future acquisition workforce personnel hiring 
        requirements, including an appropriate distribution of such 
        personnel across each category of positions designated

[[Page 122 STAT. 4554]]

        as acquisition workforce personnel under section 37(j) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 433(j)).
            (5) Government-wide training standards and certification 
        requirements necessary to enhance the mobility and career 
        opportunities of the Federal acquisition workforce within the 
        Federal agencies covered by the plan.
            (6) If the Associate Administrator recommends as part of the 
        plan a growth in the acquisition workforce of the Federal 
        agencies covered by the plan below 25 percent over the next 5 
        years, an examination of each of the matters specified in 
        paragraphs (1) through (5) in the context of a 5-year plan that 
        increases the size of such acquisition workforce by not less 
        than 25 percent, or an explanation why such a level of growth 
        would not be in the best interest of the Federal Government.

    (d) Deadline for Completion.--The Acquisition Workforce Development 
Strategic Plan shall be completed not later than one year after the date 
of the enactment of this Act and in a fashion that allows for immediate 
implementation of its recommendations and guidelines.
    (e) Funds.--The Acquisition Workforce Development Strategic Plan 
shall be funded from the Acquisition Workforce Training Fund under 
section 37(h)(3) of the Office of Federal Procurement Policy Act (41 
U.S.C. 433(h)(3)).
SEC. 870. CONTINGENCY CONTRACTING CORPS.

    (a) Establishment.--The Office of Federal Procurement Policy Act (41 
U.S.C. 403 et seq.) is amended by adding at the end the following new 
section:
``SEC. 44. CONTINGENCY CONTRACTING CORPS.

    ``(a) Establishment.--The Administrator of General Services, 
pursuant to policies established by the Office of Management and Budget, 
and in consultation with the Secretary of Defense and the Secretary of 
Homeland Security, shall establish a Governmentwide Contingency 
Contracting Corps (in this section referred to as the `Corps'). The 
members of the Corps shall be available for deployment in responding to 
an emergency or major disaster, or a contingency operation, both within 
or outside the continental United States.
    ``(b) Applicability.--The authorities provided in this section apply 
with respect to any procurement of property or services by or for an 
executive agency that, as determined by the head of such executive 
agency, are to be used--
            ``(1) in support of a contingency operation as defined in 
        section 101(a)(13) of title 10, United States Code; or
            ``(2) to respond to an emergency or major disaster as 
        defined in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).

    ``(c) Membership.--Membership in the Corps shall be voluntary and 
open to all Federal employees and members of the Armed Forces who are 
members of the Federal acquisition workforce.
    ``(d) Education and Training.--The Administrator may, in 
consultation with the Director of the Federal Acquisition Institute and 
the Chief Acquisition Officers Council, establish educational and 
training requirements for members of the Corps. Education and training 
carried out pursuant to such requirements shall be

[[Page 122 STAT. 4555]]

paid for from funds available in the acquisition workforce training fund 
established pursuant to section 37(h)(3) of this Act.
    ``(e) Salary.--The salary for a member of the Corps shall be paid--
            ``(1) in the case of a member of the Armed Forces, out of 
        funds available to the Armed Force concerned; and
            ``(2) in the case of a Federal employee, out of funds 
        available to the employing agency.

    ``(f) Authority to Deploy the Corps.--(1) The Director of the Office 
of Management and Budget shall have the authority, upon request by an 
executive agency, to determine when members of the Corps shall be 
deployed, with the concurrence of the head of the agency or agencies 
employing the members to be deployed.
    ``(2) Nothing in this section shall preclude the Secretary of 
Defense or the Secretary's designee from deploying members of the Armed 
Forces or civilian personnel of the Department of Defense in support of 
a contingency operation as defined in section 101(a)(13) of title 10, 
United States Code.
    ``(g) Annual Report.--
            ``(1) In general.--The Administrator of General Services 
        shall provide to the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Armed Services of the 
        Senate and the Committee on Oversight and Government Reform and 
        the Committee on Armed Services of the House of Representatives 
        an annual report on the status of the Contingency Contracting 
        Corps as of September 30 of each fiscal year.
            ``(2) Content.--At a minimum, each report under paragraph 
        (1) shall include the number of members of the Contingency 
        Contracting Corps, the total cost of operating the program, the 
        number of deployments of members of the program, and the 
        performance of members of the program in deployment.''.

    (b) Clerical Amendment.--The table of contents for that Act 
(contained in section 1(b) of that Act) is amended by adding at the end 
the following new item:

``Sec. 44. Contingency Contracting Corps.''.

SEC. 871. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE TO CONTRACTOR 
                        EMPLOYEES.

    (a) Civilian Agencies.--Section 304C of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 254d) is amended in 
subsection (c)(1) by inserting before the period the following: ``and to 
interview any current employee regarding such transactions''.
    (b) Defense Agencies.--Section 2313 of title 10, United States Code, 
is amended in subsection (c)(1) by inserting before the period the 
following: ``and to interview any current employee regarding such 
transactions''.
SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS 
                        AND SUSPENSION AND DEBARMENT OFFICIALS.

    (a) In General.--Subject <<NOTE: Deadline.>> to the authority, 
direction, and control of the Director of the Office of Management and 
Budget, the Administrator of General Services shall establish, not later 
than one year after the date of the enactment of this Act, and maintain 
a database of information regarding the integrity and performance

[[Page 122 STAT. 4556]]

of certain persons awarded Federal agency contracts and grants for use 
by Federal agency officials having authority over contracts and grants.

    (b) Persons Covered.--The database shall cover the following:
            (1) Any person awarded a Federal agency contract or grant in 
        excess of $500,000, if any information described in subsection 
        (c) exists with respect to such person.
            (2) Any person awarded such other category or categories of 
        Federal agency contract as the Federal Acquisition Regulation 
        may provide, if such information exists with respect to such 
        person.

    (c) Information Included.--With respect to a covered person the 
database shall include information (in the form of a brief description) 
for the most recent 5-year period regarding the following:
            (1) Each civil or criminal proceeding, or any administrative 
        proceeding, in connection with the award or performance of a 
        contract or grant with the Federal Government with respect to 
        the person during the period to the extent that such proceeding 
        results in the following dispositions:
                    (A) In a criminal proceeding, a conviction.
                    (B) In a civil proceeding, a finding of fault and 
                liability that results in the payment of a monetary 
                fine, penalty, reimbursement, restitution, or damages of 
                $5,000 or more.
                    (C) In an administrative proceeding, a finding of 
                fault and liability that results in--
                          (i) the payment of a monetary fine or penalty 
                      of $5,000 or more; or
                          (ii) the payment of a reimbursement, 
                      restitution, or damages in excess of $100,000.
                    (D) To the maximum extent practicable and consistent 
                with applicable laws and regulations, in a criminal, 
                civil, or administrative proceeding, a disposition of 
                the matter by consent or compromise with an 
                acknowledgment of fault by the person if the proceeding 
                could have led to any of the outcomes specified in 
                subparagraph (A), (B), or (C).
            (2) Each Federal contract and grant awarded to the person 
        that was terminated in such period due to default.
            (3) Each Federal suspension and debarment of the person in 
        that period.
            (4) Each Federal administrative agreement entered into by 
        the person and the Federal Government in that period to resolve 
        a suspension or debarment proceeding.
            (5) Each final finding by a Federal official in that period 
        that the person has been determined not to be a responsible 
        source under subparagraph (C) or (D) of section 4(7) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).
            (6) Such other information as shall be provided for purposes 
        of this section in the Federal Acquisition Regulation.
            (7) To the maximum extent practical, information similar to 
        the information covered by paragraphs (1) through (4) in 
        connection with the award or performance of a contract or grant 
        with a State government.

    (d) Requirements Relating to Information in Database.--
            (1) Direct input and update.--The Administrator shall design 
        and maintain the database in a manner that allows the 
        appropriate Federal agency officials to directly input and

[[Page 122 STAT. 4557]]

        update information in the database relating to actions such 
        officials have taken with regard to contractors or grant 
        recipients.
            (2) Timeliness and accuracy.--The Administrator shall 
        develop policies to require--
                    (A) the timely and accurate input of information 
                into the database;
                    (B) the timely notification of any covered person 
                when information relevant to the person is entered into 
                the database; and
                    (C) opportunities for any covered person to submit 
                comments pertaining to information about such person for 
                inclusion in the database.

    (e) Use of Database.--
            (1) Availability to government officials.--The Administrator 
        shall ensure that the information in the database is available 
        to appropriate acquisition officials of Federal agencies, to 
        such other government officials as the Administrator determines 
        appropriate, and, upon request, to the Chairman and Ranking 
        Member of the committees of Congress having jurisdiction.
            (2) Review and assessment of data.--
                    (A) In general.--Before awarding a contract or grant 
                in excess of the simplified acquisition threshold under 
                section 4(11) of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 403(11)), the Federal agency 
                official responsible for awarding the contract or grant 
                shall review the database and shall consider all 
                information in the database with regard to any offer or 
                proposal, and, in the case of a contract, shall consider 
                other past performance information available with 
                respect to the offeror in making any responsibility 
                determination or past performance evaluation for such 
                offeror.
                    (B) Documentation in contract file.--The contract 
                file for each contract of a Federal agency in excess of 
                the simplified acquisition threshold shall document the 
                manner in which the material in the database was 
                considered in any responsibility determination or past 
                performance evaluation.

    (f) Disclosure in <<NOTE: Deadline.>> Applications.--Not later than 
one year after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be amended to require that persons with 
Federal agency contracts and grants valued in total greater than 
$10,000,000 shall--
            (1) submit to the Administrator, in a manner determined 
        appropriate by the Administrator, the information subject to 
        inclusion in the database as listed in subsection (c) current as 
        of the date of submittal of such information under this 
        subsection; and
            (2) update such information on a semiannual basis.

    (g) Rulemaking.--The Administrator shall promulgate such regulations 
as may be necessary to carry out this section.
SEC. 873. <<NOTE: 31 USC 6101 note.>> ROLE OF INTERAGENCY 
                        COMMITTEE ON DEBARMENT AND SUSPENSION.

    (a) Requirement.--The Interagency Committee on Debarment and 
Suspension shall--

[[Page 122 STAT. 4558]]

            (1) resolve issues regarding which of several Federal 
        agencies is the lead agency having responsibility to initiate 
        suspension or debarment proceedings;
            (2) coordinate actions among interested agencies with 
        respect to such action;
            (3) encourage and assist Federal agencies in entering into 
        cooperative efforts to pool resources and achieve operational 
        efficiencies in the Governmentwide suspension and debarment 
        system;
            (4) <<NOTE: Recommen- dations.>> recommend to the Office of 
        Management and Budget changes to Government suspension and 
        debarment system and its rules, if such recommendations are 
        approved by a majority of the Interagency Committee;
            (5) <<NOTE: Guidelines.>> authorize the Office of Management 
        and Budget to issue guidelines that implement those 
        recommendations;
            (6) authorize the chair of the Committee to establish 
        subcommittees as appropriate to best enable the Interagency 
        Committee to carry out its functions; and
            (7) <<NOTE: Deadline. Reports.>> submit to Congress an 
        annual report on--
                    (A) the progress and efforts to improve the 
                suspension and debarment system;
                    (B) member agencies' active participation in the 
                committee's work; and
                    (C) a summary of each agency's activities and 
                accomplishments in the Governmentwide debarment system.

    (b) Definition.--The term ``Interagency Committee on Debarment and 
Suspension'' means such committee constituted under sections 4 and 5 and 
of Executive Order No. 12549.
SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.

    (a) Enhanced <<NOTE: 41 USC 405 note.>> Transparency on Interagency 
Contracting and Other Transactions.--Not <<NOTE: Deadline.>> later than 
one year after the date of the enactment of this Act, the Director of 
the Office of Management and Budget shall direct appropriate revisions 
to the Federal Procurement Data System or any successor system to 
facilitate the collection of complete, timely, and reliable data on 
interagency contracting actions and on transactions other than 
contracts, grants, and cooperative agreements issued pursuant to section 
2371 of title 10, United States Code, or similar authorities. The 
Director shall ensure that data, consistent with what is collected for 
contract actions, is obtained on--
            (1) interagency contracting actions, including data at the 
        task or delivery-order level; and
            (2) other transactions, including the initial award and any 
        subsequent modifications awarded or orders issued (other than 
        transactions that are reported through the Federal Assistance 
        Awards Data System).

    (b) Amendment.--Subsection (d) of section 19 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to read as 
follows:
    ``(d) Transmission and Data Entry of Information.--The head of each 
executive agency shall ensure the accuracy of the information included 
in the record established and maintained by such agency under subsection 
(a) and shall transmit in a timely manner such information to the 
General Services Administration

[[Page 122 STAT. 4559]]

for entry into the Federal Procurement Data System referred to in 
section 6(d)(4), or any successor system.''.
    (c) Report to Congress.--
            (1) Report required.--Not later than 180 days after the date 
        of the enactment of this Act, the Administrator of General 
        Services shall submit to Congress a report.
            (2) Contents of report.--The report shall contain the 
        following:
                    (A) A list of all databases that include information 
                about Federal contracting and Federal grants.
                    (B) Recommendations for further legislation or 
                administrative action that the Administrator considers 
                appropriate to create a centralized, comprehensive 
                Federal contracting and Federal grant database.

                        Subtitle H--Other Matters

SEC. 881. EXPANSION OF AUTHORITY TO RETAIN FEES FROM LICENSING OF 
                        INTELLECTUAL PROPERTY.

    Section 2260 of title 10, United States Code, is amended--
            (1) in subsection (a), by inserting ``or the Secretary of 
        Homeland Security'' after ``Secretary of Defense''; and
            (2) in subsection (f)--
                    (A) by striking ``(f) Definitions.--In this section, 
                the'' and inserting the following:

    ``(f) Definitions.--In this section:
            ``(1) The''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) The term `Secretary concerned' has the meaning 
        provided in section 101(a)(9) of this title and also includes--
                    ``(A) the Secretary of Defense, with respect to 
                matters concerning the Defense Agencies and Department 
                of Defense Field Activities; and
                    ``(B) the Secretary of Homeland Security, with 
                respect to matters concerning the Coast Guard when it is 
                not operating as a service in the Department of the 
                Navy.''.
SEC. 882. REPORT ON MARKET RESEARCH.

    Not later than October 1, 2009, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the implementation of section 826 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 2377 note) and the amendments made by that section. The 
report shall address--
            (1) actions taken by the Department of Defense to implement 
        the amendments made by section 826(a) of such Act to section 
        2377 of title 10, United States Code, with a particular focus 
        on--
                    (A) the guidance issued by the Department on the 
                performance of market research;
                    (B) the market research being performed pursuant to 
                such guidance; and
                    (C) the results of such guidance and market 
                research;
            (2) training tools the Secretary of Defense has developed to 
        assist contracting officials in performing market research in 
        accordance with section 826(b) of such Act;

[[Page 122 STAT. 4560]]

            (3) actions the Department of Defense intends to take to 
        further implement such section 826 and the amendments made by 
        that section, including dissemination of best practices and 
        corrective actions where necessary; and
            (4) such other matters as the Secretary considers 
        appropriate.
SEC. 883. REPORT RELATING TO MUNITIONS.

    Not later than March 1, 2009, the Secretary of Defense shall submit 
to the congressional defense committees a report detailing how 60mm and 
81mm munitions used by the Armed Forces are procured, including, where 
relevant, an explanation of the decision to procure such munitions from 
non-domestic sources and the justification for awarding contracts to 
non-domestic sources.
SEC. 884. <<NOTE: 10 USC 2302 note.>> MOTOR CARRIER FUEL 
                        SURCHARGES.

    (a) Pass Through to Cost Bearer.--The Secretary of Defense shall 
take appropriate actions to ensure that, to the maximum extent 
practicable, in all carriage contracts in which a fuel-related 
adjustment is provided for, any fuel-related adjustment is passed 
through to the person who bears the cost of the fuel that the adjustment 
relates to.
    (b) Use of Contract Clause.--The actions taken by the Secretary 
under subsection (a) shall include the insertion of a contract clause, 
with appropriate flow-down requirements, into all contracts with motor 
carriers, brokers, or freight forwarders providing or arranging truck 
transportation or services in which a fuel-related adjustment is 
provided for.
    (c) Disclosure.--The Secretary shall publicly disclose any decision 
by the Department of Defense to pay fuel-related adjustments under 
contracts (or a category of contracts) covered by this section.
    (d) Report.--Not later than 270 days after the date of the enactment 
of this Act, the Secretary shall submit to the committees on Armed 
Services of the Senate and the House of Representatives a report on the 
actions taken in accordance with the requirements of subsection (a).
SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF EQUIPMENT 
                        FOR HOMELAND SECURITY AND EMERGENCY 
                        RESPONSE ACTIVITIES THROUGH THE DEPARTMENT 
                        OF DEFENSE.

    (a) Expansion of Procurement Authority to Include Equipment for 
Homeland Security and Emergency Response Activities.--
            (1) Procedures.--Subsection (a)(1) of section 381 of title 
        10, United States Code, is amended--
                    (A) in subsection (a)(1)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking ``law enforcement''; 
                                and
                                    (II) by inserting ``, homeland 
                                security, and emergency response'' after 
                                ``counter-drug'';
                          (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``, homeland security, 
                                or emergency response'' after ``counter-
                                drug''; and
                                    (II) in clause (i), by striking 
                                ``law enforcement'';
                          (iii) in subparagraph (C), by striking ``law 
                      enforcement'' each place it appears; and

[[Page 122 STAT. 4561]]

                          (iv) in subparagraph (D), by striking ``law 
                      enforcement''.
            (2) GSA catalog.--Subsection (c) of such section is 
        amended--
                    (A) by striking ``law enforcement''; and
                    (B) by inserting ``, homeland security, and 
                emergency response'' after ``counter-drug''.
            (3) Definitions.--Subsection (d) of such section is 
        amended--
                    (A) in paragraph (2), by inserting ``or emergency 
                response'' after ``law enforcement'' both places it 
                appears; and
                    (B) in paragraph (3)--
                          (i) by striking ``law enforcement'';
                          (ii) by inserting ``, homeland security, and 
                      emergency response'' after ``counter-drug''; and
                          (iii) by inserting ``and, in the case of 
                      equipment for homeland security activities, may 
                      not include any equipment that is not found on the 
                      Authorized Equipment List published by the 
                      Department of Homeland Security'' after 
                      ``purposes''.

    (b) Clerical Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 381. Procurement of equipment by State and local 
                governments through the Department of Defense: 
                equipment for counter-drug, homeland security, and 
                emergency response activities''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 18 of such title is amended by striking the 
        item relating to section 381 and inserting the following new 
        item:

``381. Procurement of equipment by State and local governments through 
           the Department of Defense: equipment for counter-drug, 
           homeland security, and emergency response activities.''.

SEC. 886. REVIEW OF IMPACT OF COVERED SUBSIDIES ON ACQUISITION OF 
                        KC-45 AIRCRAFT.

    (a) Review of Covered Subsidies <<NOTE: Deadline.>> Required.--The 
Secretary of Defense, not later than 10 days after a ruling by the World 
Trade Organization that the United States, the European Union, or any 
political entity within the United States or the European Union, has 
provided a covered subsidy to a manufacturer of large commercial 
aircraft, shall begin a review, as described in subsection (b), of the 
impact of such covered subsidy on the source selection for the KC-45 
Aerial Refueling Aircraft Program.

    (b) Performance of the Review.--
In <<NOTE: Consultation.>> performing the review required by subsection 
(a), the Secretary of Defense shall consult with experts within the 
Department of Defense, the Office of Management and Budget, the Office 
of the United States Trade Representative, and other agencies and 
offices of the Federal Government, and with such other experts outside 
the Government as the Secretary considers appropriate, on the potential 
impact of a covered subsidy on the source selection process for the KC-
45 Aerial Refueling Aircraft Program.

[[Page 122 STAT. 4562]]

    (c) Completion of <<NOTE: Deadline.>> Review.--The Secretary of 
Defense shall complete the review required by subsection (a) not later 
than 90 days after the World Trade Organization has completed ruling on 
all cases involving the allegation of a covered subsidy provided to a 
manufacturer of large commercial aircraft pending at the World Trade 
Organization as of the date of the enactment of this Act.

    (d) Report <<NOTE: Recommen- dations.>> on Review.--Not later than 
30 days after the completion of the review required by subsection (a), 
the Secretary of Defense shall provide a report to the congressional 
defense committees on the findings of the review, together with any 
recommendations the Secretary considers appropriate.

    (e) Definitions.--In this section:
            (1) The term ``covered subsidy'' means a subsidy found to 
        constitute a violation of the Agreement on Subsidies and 
        Countervailing Measures.
            (2) The term ``Agreement on Subsidies and Countervailing 
        Measures'' means the agreement described in section 101(d)(12) 
        of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
            (3) The term ``source selection'', with respect to a program 
        of the Department of Defense, means the selection, through the 
        use of competitive procedures or such other procurement 
        procedures as may be applicable, of a contractor to perform a 
        contract to carry out the program.
SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE MANAGEMENT 
                        AT THE DEPARTMENT OF DEFENSE.

    (a) In General.--The Secretary of Defense shall prepare a report on 
the implementation by the Department of Defense of earned value 
management. The report shall include, at a minimum, the following:
            (1) A discussion of the regulations and guidance of the 
        Department applicable to the use and implementation of earned 
        value management.
            (2) A discussion of the relative value of earned value 
        management as a tool for program managers and senior Department 
        officials.
            (3) A discussion of specific challenges the Department faces 
        in successfully using earned value management because of the 
        nature of the culture, history, systems, and activities of the 
        Department, particularly with regard to requirements and funding 
        instability.
            (4) A discussion of the methodology of the Department for 
        earned value management implementation, including data quality 
        issues, training, and information technology systems used to 
        integrate and transmit earned value management data.
            (5) An evaluation of the accuracy of the earned value 
        management data provided by vendors to the Federal Government 
        concerning acquisition categories I and II programs, with a 
        discussion of the impact of this data on the ability of the 
        Department to achieve program objectives.
            (6) A description of the criteria used by the Department to 
        evaluate the success of earned value management in delivering 
        program objectives, with illustrative data and examples covering 
        not less than three years.

[[Page 122 STAT. 4563]]

            (7) Recommendations for improving earned value management 
        and its implementation within the Department, including a 
        discussion of the merits of possible alternatives.

    (b) Submission of Report.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit the 
report required by subsection (a) to the Committees on Armed Services of 
the Senate and of the House of Representatives.
    (c) Definition.--In this section, the term ``earned value 
management'' has the meaning given that term in section 300 of part 7 of 
Office of Management and Budget Circular A-11 as published in June 2008.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Plan required for personnel management of special operations 
           forces.
Sec. 902. Director of Operational Energy Plans and Programs.
Sec. 903. Corrosion control and prevention executives for the military 
           departments.
Sec. 904. Participation of Deputy Chief Management Officer of the 
           Department of Defense on Defense Business System Management 
           Committee.
Sec. 905. Modification of status of Assistant to the Secretary of 
           Defense for Nuclear and Chemical and Biological Defense 
           Programs.
Sec. 906. Requirement for the Secretary of Defense to prepare a 
           strategic plan to enhance the role of the National Guard and 
           Reserves.
Sec. 907. General Counsel to the Inspector General of the Department of 
           Defense.
Sec. 908. Business transformation initiatives for the military 
           departments.

                      Subtitle B--Space Activities

Sec. 911. Extension of authority for pilot program for provision of 
           space surveillance network services to entities outside 
           United States Government.
Sec. 912. Investment and acquisition strategy for commercial satellite 
           capabilities.
Sec. 913. Space posture review.

              Subtitle C--Chemical Demilitarization Program

Sec. 921. Responsibilities for Chemical Demilitarization Citizens' 
           Advisory Commissions in Colorado and Kentucky.
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at 
           Pueblo Chemical Depot, Colorado.

                Subtitle D--Intelligence-Related Matters

Sec. 931. Technical changes following the redesignation of National 
           Imagery and Mapping Agency as National Geospatial-
           Intelligence Agency.
Sec. 932. Technical amendments to title 10, United States Code, arising 
           from enactment of the Intelligence Reform and Terrorism 
           Prevention Act of 2004.
Sec. 933. Technical amendments relating to the Associate Director of the 
           CIA for Military Affairs.

                        Subtitle E--Other Matters

Sec. 941. Enhancement of authorities relating to Department of Defense 
           regional centers for security studies.
Sec. 942. Restriction on obligation of funds for United States Southern 
           Command development assistance activities.
Sec. 943. Authorization of non-conventional assisted recovery 
           capabilities.
Sec. 944. Report on homeland defense and civil support issues.
Sec. 945. Report on National Guard resource requirements.

[[Page 122 STAT. 4564]]

              Subtitle A--Department of Defense Management

SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPECIAL 
                        OPERATIONS FORCES.

    (a) Requirement for Plan.--The commander of the special operations 
command, in consultation with the secretaries of the military 
departments, shall prepare and submit to the Secretary of Defense a plan 
relating to personnel management of special operations forces.
    (b) Matters Covered.--The plan under subsection (a) shall address 
the following:
            (1) Coordination among the military departments in order to 
        enhance the manpower management and improve overall readiness of 
        special operations forces.
            (2) Coordination by the commander of the special operations 
        command with the Secretaries of the military departments in 
        order to better execute his responsibility to maintain readiness 
        of special operations forces, including in the areas of 
        accessions, assignments, compensation, promotions, professional 
        development, retention, sustainment, and training.

    (c) Submission of Plan to Congressional Defense Committees.--
Not <<NOTE: Deadline.>> later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit the plan 
required under subsection (a) to the congressional defense committees, 
together with such additional comments as the Secretary and the Chairman 
of the Joint Chiefs of Staff consider appropriate.
SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS.

    (a) Establishment of Position; Duties.--Chapter 4 of title 10, 
United States Code, is amended by inserting after section 139a the 
following new section:
``Sec. 139b. Director of Operational Energy Plans and Programs

    ``(a) Appointment.--There <<NOTE: President.>> is a Director of 
Operational Energy Plans and Programs in the Department of Defense (in 
this section referred to as the `Director'), appointed by the President, 
by and with the advice and consent of the Senate. The Director shall be 
appointed without regard to political affiliation and solely on the 
basis of fitness to perform the duties of the office of Director.

    ``(b) Duties.--The Director shall--
            ``(1) provide leadership and facilitate communication 
        regarding, and conduct oversight to manage and be accountable 
        for, operational energy plans and programs within the Department 
        of Defense and the Army, Navy, Air Force, and Marine Corps;
            ``(2) establish the operational energy strategy;
            ``(3) coordinate and oversee planning and program activities 
        of the Department of Defense and the Army, Navy, Air Force, and 
        the Marine Corps related to--
                    ``(A) implementation of the operational energy 
                strategy;
                    ``(B) the consideration of operational energy 
                demands in defense planning, requirements, and 
                acquisition processes; and

[[Page 122 STAT. 4565]]

                    ``(C) research and development investments related 
                to operational energy demand and supply technologies; 
                and
            ``(4) monitor and review all operational energy initiatives 
        in the Department of Defense.

    ``(c) Principal Advisor for Operational Energy Plans and Programs.--
(1) The Director is the principal adviser to the Secretary of Defense 
and the Deputy Secretary of Defense regarding operational energy plans 
and programs and the principal policy official within the senior 
management of the Department of Defense regarding operational energy 
plans and programs.
    ``(2) The Director may communicate views on matters related to 
operational energy plans and programs and the operational energy 
strategy required by subsection (d) directly to the Secretary of Defense 
and the Deputy Secretary of Defense without obtaining the approval or 
concurrence of any other official within the Department of Defense.
    ``(d) Operational Energy Strategy.--(1) The Director shall be 
responsible for the establishment and maintenance of a department-wide 
transformational strategy for operational energy. The strategy shall 
establish near-term, mid-term, and long-term goals, performance metrics 
to measure progress in meeting the goals, and a plan for implementation 
of the strategy within the military departments, the Office of the 
Secretary of Defense, and Defense Agencies.
    ``(2) Not <<NOTE: Deadline. Designation.>> later than 90 days after 
the date on which the Director is first appointed, the Secretary of each 
of the military departments shall designate a senior official within 
each armed force under the jurisdiction of the Secretary who will be 
responsible for operational energy plans and programs for that armed 
force. The officials shall be responsible for coordinating with the 
Director and implementing initiatives pursuant to the strategy with 
regard to that official's armed force.

    ``(3) <<NOTE: Procedures.>> By authority of the Secretary of 
Defense, the Director shall prescribe policies and procedures for the 
implementation of the strategy. The <<NOTE: Consultation.>> Director 
shall provide guidance to, and consult with, the Secretary of Defense, 
the Deputy Secretary of Defense, the Secretaries of the military 
departments, and the officials designated under paragraph (2) with 
respect to specific operational energy plans and programs to be carried 
out pursuant to the strategy.

    ``(4) <<NOTE: Deadline.>> The initial strategy shall be submitted to 
the congressional defense committees not later than 180 days after the 
date on which the Director is first appointed. Subsequent updates to the 
strategy shall be submitted to the congressional defense committees as 
soon as practicable after the modifications to the strategy are made.

    ``(e) Budgetary and Financial <<NOTE: Recommen- 
dations.>> Matters.--(1) The Director shall review and make 
recommendations to the Secretary of Defense regarding all budgetary and 
financial matters relating to the operational energy strategy.

    ``(2) The Secretary of Defense shall require that the Secretary of 
each military department and the head of each Defense Agency with 
responsibility for executing activities associated with the strategy 
transmit their proposed budget for those activities for a fiscal year to 
the Director for review before submission of the proposed budget to the 
Under Secretary of Defense (Comptroller).

[[Page 122 STAT. 4566]]

    ``(3) The <<NOTE: Deadline. Reports. Certification.>> Director shall 
review a proposed budget transmitted under paragraph (2) for a fiscal 
year and, not later than January 31 of the preceding fiscal year, shall 
submit to the Secretary of Defense a report containing the comments of 
the Director with respect to the proposed budget, together with the 
certification of the Director regarding whether the proposed budget is 
adequate for implementation of the strategy.

    ``(4) <<NOTE: Deadline. Reports.>> Not later than 10 days after the 
date on which the budget for a fiscal year is submitted to Congress 
pursuant to section 1105 of title 31, the Secretary of Defense shall 
submit to Congress a report on the proposed budgets for that fiscal year 
that the Director has not certified under paragraph (3). The report 
shall include the following:
            ``(A) A discussion of the actions that the Secretary 
        proposes to take, together with any recommended legislation that 
        the Secretary considers appropriate, to address the inadequacy 
        of the proposed budgets.
            ``(B) Any additional comments that the Secretary considers 
        appropriate regarding the inadequacy of the proposed budgets.

    ``(5) The report required by paragraph (4) shall also include a 
separate statement of estimated expenditures and requested 
appropriations for that fiscal year for the activities of the Director 
in carrying out the duties of the Director.
    ``(f) Access to Initiative Results and Records.--(1) The Secretary 
of a military department shall submit to the Director the results of all 
studies and initiatives conducted by the military department in 
connection with the operational energy strategy.
    ``(2) The Director shall have access to all records and data in the 
Department of Defense (including the records and data of each military 
department) necessary in order to permit the Director to carry out the 
duties of the Director.
    ``(g) Staff.--The Director shall have a dedicated professional staff 
of military and civilian personnel in a number sufficient to enable the 
Director to carry out the duties and responsibilities of the Director.
    ``(h) Definitions.--In this section:
            ``(1) Operational energy.--The term `operational energy' 
        means the energy required for training, moving, and sustaining 
        military forces and weapons platforms for military operations. 
        The term includes energy used by tactical power systems and 
        generators and weapons platforms.
            ``(2) Operational energy strategy.--The terms `operational 
        energy strategy' and `strategy' mean the operational energy 
        strategy developed under subsection (d).''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
139a the following new item:

``139b. Director of Operational Energy Plans and Programs.''.

SEC. 903. <<NOTE: 10 USC 2228 note.>> CORROSION CONTROL AND 
                        PREVENTION EXECUTIVES FOR THE MILITARY 
                        DEPARTMENTS.

    (a) Requirement to Designate Corrosion Control and Prevention 
Executive.--Not <<NOTE: Deadline.>> later than 90 days after the date of 
the enactment of this Act, the Assistant Secretary of each military 
department with responsibility for acquisition, technology, and 
logistics shall designate an employee of the military department as the 
corrosion control and prevention executive. Such executive shall

[[Page 122 STAT. 4567]]

be the senior official in the department with responsibility for 
coordinating department-level corrosion control and prevention program 
activities (including budget programming) with the military department 
and the Office of the Secretary of Defense, the program executive 
officers of the military departments, and relevant major subordinate 
commands of the military departments.

    (b) Duties.--(1) The corrosion control and prevention executive of a 
military department shall ensure that corrosion control and prevention 
is maintained in the department's policy and guidance for management of 
each of the following:
            (A) System acquisition and production, including design and 
        maintenance.
            (B) Research, development, test, and evaluation programs and 
        activities.
            (C) Equipment standardization programs, including 
        international standardization agreements.
            (D) Logistics research and development initiatives.
            (E) Logistics support analysis as it relates to integrated 
        logistic support in the materiel acquisition process.
            (F) Military infrastructure design, construction, and 
        maintenance.

    (2) The corrosion control and prevention executive of a military 
department shall be responsible for identifying the funding levels 
necessary to accomplish the items listed in subparagraphs (A) through 
(F) of paragraph (1).
    (3) The corrosion control and prevention executive of a military 
department shall, in cooperation with the appropriate staff of the 
department, develop, support, and provide the rationale for resources--
            (A) to initiate and sustain an effective corrosion control 
        and prevention program in the department;
            (B) to evaluate the program's effectiveness; and
            (C) to ensure that corrosion control and prevention 
        requirements for materiel are reflected in budgeting and 
        policies of the department for the formulation, management, and 
        evaluation of personnel and programs for the entire department, 
        including its reserve components.

    (4) The corrosion control and prevention executive of a military 
department shall be the principal point of contact of the department to 
the Director of Corrosion Policy and Oversight (as assigned under 
section 2228 of title 10, United States Code).
    (5) <<NOTE: Deadlines. Reports.>> The corrosion control and 
prevention executive of a military department shall submit an annual 
report, not later than December 31 of each year, to the Secretary of 
Defense containing recommendations pertaining to the corrosion control 
and prevention program of the military department, including corrosion-
related funding levels to carry out all of the duties of the executive 
under this section.
SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER OF THE 
                        DEPARTMENT OF DEFENSE ON DEFENSE BUSINESS 
                        SYSTEM MANAGEMENT COMMITTEE.

    (a) Participation.--Subsection (a) of section 186 of title 10, 
United States Code, is amended--
            (1) by redesignating paragraphs (2) through (7) as 
        paragraphs (3) through (8), respectively;

[[Page 122 STAT. 4568]]

            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) The Deputy Chief Management Officer of the Department 
        of Defense.''; and
            (3) by striking paragraph (7), as redesignated by paragraph 
        (1), and inserting the following new paragraph:
            ``(7) The Chief Management Officers of the military 
        departments and the heads of such Defense Agencies as may be 
        designated by the Secretary of Defense.''.

    (b) Service as Vice Chairman.--The second sentence of subsection (b) 
of such section is amended to read as follows: ``The Deputy Chief 
Management Officer of the Department of Defense shall serve as the vice 
chairman of the Committee, and shall act as chairman in the absence of 
the Deputy Secretary of Defense.''.
SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE SECRETARY OF 
                        DEFENSE FOR NUCLEAR AND CHEMICAL AND 
                        BIOLOGICAL DEFENSE PROGRAMS.

    Section 142 of title 10, United States Code, is amended by adding at 
the end the following new subsection:
    ``(c) The Assistant to the Secretary shall be considered an 
Assistant Secretary of Defense for purposes of section 138(d) of this 
title.''.
SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PREPARE A 
                        STRATEGIC PLAN TO ENHANCE THE ROLE OF THE 
                        NATIONAL GUARD AND RESERVES.

    (a) Plan.--Not <<NOTE: Deadline.>> later than April 1, 2009, the 
Secretary of Defense shall prepare a plan for enhancing the roles of the 
National Guard and Reserve--
            (1) when federalized in the case of the National Guard, or 
        activated in the case of the Reserves, in support of operations 
        conducted under title 10, United States Code, including the 
        transition of the reserve component of the Armed Forces from a 
        strategic force to an operational reserve;
            (2) in support of operations conducted under title 32, 
        United States Code, or in support to civil authorities; and
            (3) with respect to the achievement of a fully-integrated 
        total force (including further development of a continuum of 
        service).

    (b) Consultation.--In preparing the plan under subsection (a), the 
Secretary of Defense shall take into consideration the advice of the 
Chairman of the Joint Chiefs of Staff, the Secretary and Chief of Staff 
of the Army, the Secretary and Chief of Staff of the Air Force, the 
commander of the United States Northern Command, the Chief of the 
National Guard Bureau, and other appropriate officials, as determined by 
the Secretary of Defense.
    (c) Matters to Be Assessed.--In preparing the plan, the Secretary 
shall assess--
            (1) the findings, conclusions, and recommendations of the 
        Final Report to Congress and the Secretary of Defense of the 
        Commission on the National Guard and Reserves, dated January 31, 
        2008, and titled ``Transforming the National Guard and Reserves 
        into a 21st-Century Operational Force''; and
            (2) the provisions of H.R. 5603 and S. 2706 of the 110th 
        Congress, as introduced on March 13, 2008 (the National Guard 
        Empowerment and State-National Defense Integration Act of 2008).

[[Page 122 STAT. 4569]]

    (d) Report.--Not later than April 1, 2009, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the plan required under this 
section. The report shall include recommendations on--
            (1) any changes to the current Department of Defense 
        organization, structure, command relationships, budget 
        authority, procurement authority, and compensation and benefits;
            (2) any legislation that the Secretary considers necessary; 
        and
            (3) any other matter the Secretary considers appropriate.
SEC. 907. <<NOTE: Establishment.>> GENERAL COUNSEL TO THE 
                        INSPECTOR GENERAL OF THE DEPARTMENT OF 
                        DEFENSE.

    Section 8 of the Inspector General <<NOTE: 5 USC app. 8.>> Act of 
1978 (50 U.S.C. App. 8) is amended by adding at the end the following 
new subsection:

    ``(h)(1) There is a General Counsel to the Inspector General of the 
Department of Defense, who shall be appointed by the Inspector General 
of the Department of Defense.
    ``(2)(A) Notwithstanding section 140(b) of title 10, United States 
Code, the General Counsel is the chief legal officer of the Office of 
the Inspector General.
    ``(B) The Inspector General is the exclusive legal client of the 
General Counsel.
    ``(C) The General Counsel shall perform such functions as the 
Inspector General may prescribe.
    ``(D) The General Counsel shall serve at the discretion of the 
Inspector General.
    ``(3) There is an Office of the General Counsel to the Inspector 
General of the Department of Defense. The Inspector General may appoint 
to the Office to serve as staff of the General Counsel such legal 
counsel as the Inspector General considers appropriate.''.
SEC. 908. <<NOTE: 10 USC 2222 note.>> BUSINESS TRANSFORMATION 
                        INITIATIVES FOR THE MILITARY DEPARTMENTS.

    (a) In General.--The Secretary of each military department shall, 
acting through the Chief Management Officer of such military department, 
carry out an initiative for the business transformation of such military 
department.
    (b) Objectives.--The objectives of the business transformation 
initiative of a military department under this section shall include, at 
a minimum, the following:
            (1) The development of a comprehensive business 
        transformation plan, with measurable performance goals and 
        objectives, to achieve an integrated management system for the 
        business operations of the military department.
            (2) The development of a well-defined enterprise-wide 
        business systems architecture and transition plan encompassing 
        end-to-end business processes and capable of providing 
        accurately and timely information in support of business 
        decisions of the military department.
            (3) The implementation of the business transformation plan 
        developed pursuant to paragraph (1) and the business systems 
        architecture and transition plan developed pursuant to paragraph 
        (2).

    (c) Business Transformation Offices.--

[[Page 122 STAT. 4570]]

            (1) Establishment.--Not <<NOTE: Deadline.>> later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of each military department shall establish within such military 
        department an office (to be known as the ``Office of Business 
        Transformation'' of such military department) to assist the 
        Chief Management Officer of such military department in carrying 
        out the initiative required by this section for such military 
        department.
            (2) Head.--The Office of Business Transformation of a 
        military department under this subsection shall be headed by a 
        Director of Business Transformation, who shall be appointed by 
        the Chief Management Officer of the military department, in 
        consultation with the Director of the Business Transformation 
        Agency of the Department of Defense, from among individuals with 
        significant experience managing large-scale organizations or 
        business transformation efforts.
            (3) Supervision.--The Director of Business Transformation of 
        a military department under paragraph (2) shall report directly 
        to the Chief Management Officer of the military department, 
        subject to policy guidance from the Director of the Business 
        Transformation Agency of the Department of Defense.
            (4) Authority.--In carrying out the initiative required by 
        this section for a military department, the Director of Business 
        Transformation of the military department under paragraph (2) 
        shall have the authority to require elements of the military 
        department to carry out actions that are within the purpose and 
        scope of the initiative.

    (d) Responsibilities of Business Transformation Offices.--The Office 
of Business Transformation of a military department established pursuant 
to subsection (b) may be responsible for the following:
            (1) Transforming the budget, finance, accounting, and human 
        resource operations of the military department in a manner that 
        is consistent with the business transformation plan developed 
        pursuant to subsection (b)(1).
            (2) Eliminating or replacing financial management systems of 
        the military department that are inconsistent with the business 
        systems architecture and transition plan developed pursuant to 
        subsection (b)(2).
            (3) Ensuring that the business transformation plan and the 
        business systems architecture and transition plan are 
        implemented in a manner that is aggressive, realistic, and 
        accurately measured.
            (4) Such other responsibilities as the Secretary of that 
        military department determines are appropriate.

    (e) Required Elements.--In carrying out the initiative required by 
this section for a military department, the Chief Management Officer and 
the Director of Business Transformation of the military department shall 
ensure that each element of the initiative is consistent with--
            (1) the requirements of the Business Enterprise Architecture 
        and Transition Plan developed by the Secretary of Defense 
        pursuant to section 2222 of title 10, United States Code;
            (2) the Standard Financial Information Structure of the 
        Department of Defense;
            (3) the Federal Financial Management Improvement Act of 1996 
        (and the amendments made by that Act); and

[[Page 122 STAT. 4571]]

            (4) other applicable requirements of law and regulation.

    (f) Reports on Implementation.--
            (1) Initial reports.--Not later than nine months after the 
        date of the enactment of this Act, the Chief Management Officer 
        of each military department shall submit to the congressional 
        defense committees a report on the actions taken, and on the 
        actions planned to be taken, by such military department to 
        implement the requirements of this section.
            (2) Updates.--Not later than March 1 of each of 2010, 2011, 
        and 2012, the Chief Management Officer of each military 
        department shall submit to the congressional defense committees 
        a current update of the report submitted by such Chief 
        Management Officer under paragraph (1).

                      Subtitle B--Space Activities

SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION 
                        OF SPACE SURVEILLANCE NETWORK SERVICES TO 
                        ENTITIES OUTSIDE UNITED STATES GOVERNMENT.

    Section 2274(i) of title 10, United States Code, is amended by 
striking ``September 30, 2009'' and inserting ``September 30, 2010''.
SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMERCIAL 
                        SATELLITE CAPABILITIES.

    (a) Requirement.--The Secretary of Defense shall conduct an 
assessment to determine a recommended investment and acquisition 
strategy for commercial satellite capabilities.
    (b) Elements.--The assessment required under subsection (a) shall 
include the following:
            (1) Review of national and defense policy relevant to the 
        requirements for, acquisition of, and use of commercial 
        satellite capabilities, and the relationship with commercial 
        satellite providers.
            (2) Assessment of the manner in which commercial satellite 
        capabilities are used by the Department of Defense and options 
        for expanding such use or identifying new means to leverage 
        commercial satellite capabilities, such as hosting payloads.
            (3) Review of military requirements for satellite 
        communications and remote sensing by quantity, quality, 
        timeline, and any other metric considered appropriate.
            (4) Description of current and planned commercial satellite 
        capabilities and an assessment of their ability to meet the 
        requirements identified in paragraph (3).
            (5) Assessment of the ability of commercial satellite 
        capabilities to meet other military requirements not identified 
        in paragraph (3).
            (6) Description of the use of and resources allocated to 
        commercial satellite communications and remote sensing needed to 
        meet the requirements identified in paragraph (3) during--
                    (A) the five-year period preceding the date of the 
                assessment;
                    (B) the period from the date of the assessment 
                through the fiscal years covered under the future-years 
                defense

[[Page 122 STAT. 4572]]

                program under section 221 of title 10, United States 
                Code; and
                    (C) the period beyond the fiscal years covered under 
                the future-years defense program under such section 221.
            (7) Assessment of purchasing patterns that may lead to 
        recommendations in which the Department may consolidate 
        requirements, centralize operations, aggregate purchases, or 
        leverage purchasing power (including the use of multiyear 
        contracting).
            (8) Assessment of various models for acquiring commercial 
        satellite capabilities, including funding, management, and 
        operations models.

    (c) Report.--
            (1) In general.--Not later than February 1, 2010, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report setting forth the results of the assessment 
        required under subsection (a) and provide recommendations, 
        including--
                    (A) the recommended investment and acquisition 
                strategy of the Department for commercial satellite 
                capabilities;
                    (B) how the investment and acquisition strategy 
                should be addressed in fiscal years after fiscal year 
                2010; and
                    (C) a proposal for such legislative action as the 
                Secretary considers necessary to acquire appropriate 
                types and amounts of commercial satellite capabilities.
            (2) Form.--The report shall be in unclassified form, but may 
        include a classified annex.

    (d) Definitions.--In this section:
            (1) The term ``commercial satellite capabilities'' means the 
        system, capability, or service provided by a commercial 
        satellite provider.
            (2) The term ``commercial satellite provider'' refers to 
        privately owned and operated space systems, their technology, 
        components, products, data, services, and related information, 
        as well as foreign systems whose products and services are sold 
        commercially.
SEC. 913. SPACE POSTURE REVIEW.

    (a) Requirement for Comprehensive Review.--In order to clarify the 
national security space policy and strategy of the United States for the 
near term, the Secretary of Defense and the Director of National 
Intelligence shall jointly conduct a comprehensive review of the space 
posture of the United States over the posture review period.
    (b) Elements of Review.--The review conducted under subsection (a) 
shall include, for the posture review period, the following:
            (1) The definition, policy, requirements, and objectives for 
        each of the following:
                    (A) Space situational awareness.
                    (B) Space control.
                    (C) Space superiority, including defensive and 
                offensive counterspace and protection.
                    (D) Force enhancement and force application.
                    (E) Space-based intelligence and surveillance and 
                reconnaissance from space.

[[Page 122 STAT. 4573]]

                    (F) Integration of space and ground control and user 
                equipment.
                    (G) Any other matter the Secretary considers 
                relevant to understanding the space posture of the 
                United States.
            (2) A description of current and planned space acquisition 
        programs that are in acquisition categories 1 and 2, including 
        how each program will address the policy, requirements, and 
        objectives described under each of subparagraphs (A) through (G) 
        of paragraph (1).
            (3) A description of future space systems and technology 
        development (other than such systems and technology in 
        development as of the date of the enactment of this Act) 
        necessary to address the policy, requirements, and objectives 
        described under each of subparagraphs (A) through (G) of 
        paragraph (1).
            (4) An assessment of the relationship among the following:
                    (A) Military space policy.
                    (B) National security space policy.
                    (C) National security space objectives.
                    (D) Arms control policy.
                    (E) Export control policy.
                    (F) Industrial base policy.
            (5) An assessment of the effect of the military and national 
        security space policy of the United States on the proliferation 
        of weapons capable of targeting objects in space or objects on 
        Earth from space.

    (c) Report.--
            (1) In general.--Not later than December 1, 2009, the 
        Secretary of Defense and the Director of National Intelligence 
        shall jointly submit to the congressional committees specified 
        in paragraph (3) a report on the review conducted under 
        subsection (a).
            (2) Form of report.--The report under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex.
            (3) Committees.--The congressional committees specified in 
        this paragraph are--
                    (A) the Committee on Armed Services and the Select 
                Committee on Intelligence of the Senate; and
                    (B) the Committee on Armed Services and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.

    (d) Posture Review Period Defined.--In this section, the term 
``posture review period'' means the 10-year period beginning on February 
1, 2009.

              Subtitle C--Chemical Demilitarization Program

SEC. 921. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION CITIZENS' 
                        ADVISORY COMMISSIONS IN COLORADO AND 
                        KENTUCKY.

    Section 172 of the National Defense Authorization Act for Fiscal 
Year 1993 (50 U.S.C. 1521 note) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and

[[Page 122 STAT. 4574]]

            (2) by inserting after subsection (e) the following new 
        subsection (f):

    ``(f) Colorado and Kentucky Chemical Demilitarization Citizens' 
Advisory <<NOTE: Transfer authority.>> Commissions.--(1) Notwithstanding 
subsections (b), (g), and (h), and consistent with section 142 of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(50 U.S.C. 1521 note) and section 8122 of the Department of Defense 
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1566; 50 U.S.C. 
1521 note), the Secretary of the Army shall transfer responsibilities 
for the Chemical Demilitarization Citizens' Advisory Commissions in 
Colorado and Kentucky to the Program Manager for Assembled Chemical 
Weapons Alternatives.

    ``(2) In carrying out the responsibilities transferred under 
paragraph (1), the Program Manager for Assembled Chemical Weapons 
Alternatives shall take appropriate actions to ensure that each 
Commission referred to in paragraph (1) retains the capacity to receive 
citizen and State concerns regarding the ongoing chemical 
demilitarization program in the State concerned.
    ``(3) A representative of the Office of the Assistant to the 
Secretary of Defense for Nuclear, Chemical, and Biological Defense 
Programs shall meet with each Commission referred to in paragraph (1) 
not less often than twice a year.
    ``(4) Funds appropriated for the Assembled Chemical Weapons 
Alternatives Program shall be available for travel and associated travel 
costs for Commissioners on the Commissions referred to in paragraph (1) 
when such travel is conducted at the invitation of the Special Assistant 
for Chemical and Biological Defense and Chemical Demilitarization 
Programs of the Department of Defense.''.
SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF HYDROLYSATE 
                        AT PUEBLO CHEMICAL DEPOT, COLORADO.

    (a) Findings.--Congress makes the following findings:
            (1) The Pueblo Chemical Agent Destruction Pilot Plant, 
        Colorado, is not planned to begin chemical agent destruction 
        operations until 2015.
            (2) There will be no hydrolysate byproduct of chemical agent 
        neutralization at the Pueblo Chemical Depot, Colorado, until 
        after chemical agent destruction operations begin.
            (3) The Department of Defense has no plans to produce, 
        treat, store, or transport hydrolysate at the Pueblo Chemical 
        Depot, Colorado, during fiscal year 2009.
            (4) A January 10, 2007, Department of Defense Acquisition 
        Decision Memorandum requires the Program Manager for the 
        Assembled Chemical Weapons Alternatives to continue to pursue 
        off-site treatment and disposal of hydrolysate as long as doing 
        so would be safe, efficient, and economically beneficial.

    (b) Cost-Benefit Analysis.--The Secretary of Defense shall perform a 
cost-benefit analysis of future on-site and off-site options for 
treatment and disposal of hydrolysate expected to be produced at the 
Pueblo Chemical Depot, Colorado.
    (c) Report.--Together with the budget justification materials 
submitted to Congress in support of the Department of Defense budget for 
fiscal year 2010 (as submitted with the budget of the President under 
section 1105(a) of title 31, United States Code), the Secretary of 
Defense shall submit to the congressional defense

[[Page 122 STAT. 4575]]

committees a report containing the results of the cost-benefit analysis 
required by subsection (b).
    (d) Notice and Wait.--After the submission of the report required by 
subsection (c), if the Secretary of Defense decides to transport 
hydrolysate from Pueblo Chemical Depot, Colorado, to an off-site 
location during fiscal year 2009, the Department shall not commence such 
transport until 60 days after the Secretary provides written notice to 
the congressional defense committees of the Department's intent to 
conduct such transport.

                Subtitle D--Intelligence-Related Matters

SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF 
                        NATIONAL IMAGERY AND MAPPING AGENCY AS 
                        NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

    (a) Technical Changes to United States Code.--
            (1) Title 5.--Title 5, <<NOTE: 5 USC 2302 et seq.>> United 
        States Code, is amended by striking ``National Imagery and 
        Mapping Agency'' each place it appears and inserting ``National 
        Geospatial-Intelligence Agency''.
            (2) Title 44.--Title 44, <<NOTE: 44 USC 1336.>> United 
        States Code, is amended by striking ``National Imagery and 
        Mapping Agency'' each place it appears and inserting ``National 
        Geospatial-Intelligence Agency''.

    (b) Technical Changes to Other Acts.--
            (1) Ethics in government act of 1978.--Section 105(a)(1) of 
        the Ethics in Government Act of 1978 (Public Law 95-521; 5 
        U.S.C. App. 4) <<NOTE: 5 USC app. 105.>> is amended by striking 
        ``National Imagery and Mapping Agency'' and inserting ``National 
        Geospatial-Intelligence Agency''.
            (2) Inspector general act of 1978.--Section 8H of the 
        Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) 
        is amended--
                    (A) in subsection (a)(1)(A), by striking ``National 
                Imagery and Mapping Agency'' and inserting ``National 
                Geospatial-Intelligence Agency''; and
                    (B) in subsection (g)(1), by striking ``National 
                Imagery and Mapping Agency'' and inserting ``National 
                Geospatial-Intelligence Agency''.
            (3) Employee polygraph protection act of 1988.--Section 
        7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 
        (29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking ``National 
        Imagery and Mapping Agency'' and inserting ``National 
        Geospatial-Intelligence Agency''.
            (4) Legislative branch appropriations act, 1993.--Section 
        207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 
        (Public Law 102-392; 44 U.S.C. 501 note), is amended by striking 
        ``National Imagery and Mapping Agency'' and inserting ``National 
        Geospatial-Intelligence Agency''.
            (5) Homeland security act of 2002.--Section 201(e)(2) of the 
        Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) is amended by 
        striking ``National Imagery and Mapping Agency'' and inserting 
        ``National Geospatial-Intelligence Agency''.

[[Page 122 STAT. 4576]]

SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, 
                        ARISING FROM ENACTMENT OF THE INTELLIGENCE 
                        REFORM AND TERRORISM PREVENTION ACT OF 
                        2004.

    (a) References to Head of Intelligence Community.--Title 10, United 
States Code, is amended by striking ``Director of Central Intelligence'' 
each place it appears and inserting ``Director of National 
Intelligence'' in the following:
            (1) Section 193(d)(2).
            (2) Section 193(e).
            (3) Section 201(a).
            (4) Section 201(b)(1).
            (5) Section 201(c)(1).
            (6) Section 425(a).
            (7) Section 431(b)(1).
            (8) Section 441(c).
            (9) Section 441(d).
            (10) Section 443(d).
            (11) Section 2273(b)(1).
            (12) Section 2723(a).

    (b) Clerical Amendments.--Such title is further amended by striking 
``Director of Central Intelligence'' each place it appears and inserting 
``Director of National Intelligence'' in the following:
            (1) Section 441(c).
            (2) Section 443(d).

    (c) Reference to Head of Central Intelligence Agency.--Section 444 
of such title is amended by striking ``Director of Central 
Intelligence'' each place it appears and inserting ``Director of the 
Central Intelligence Agency''.
SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE DIRECTOR 
                        OF THE CIA FOR MILITARY AFFAIRS.

    Section 528(c) of title 10, United States Code, is amended--
            (1) in the heading, by striking ``Military Support'' and 
        inserting ``Military Affairs''; and
            (2) by striking ``Military Support'' and inserting 
        ``Military Affairs''.

                        Subtitle E--Other Matters

SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPARTMENT OF 
                        DEFENSE REGIONAL CENTERS FOR SECURITY 
                        STUDIES.

    (a) Availability of Funds for Activities Across Fiscal Years.--
            (1) In general.--Section 184(f) of title 10, United States 
        Code, is amended by adding at the end the following new 
        paragraph:

    ``(6) Funds available to carry out this section, including funds 
accepted under paragraph (4) and funds available under paragraph (5), 
shall be available, to the extent provided in appropriations Acts, for 
programs and activities under this section that begin in a fiscal year 
and end in the following fiscal year.''.
            (2) Effective <<NOTE: Applicability. 10 USC 184 
        note.>> date.--The amendment made by paragraph (1) shall take 
        effect on October 1, 2008, and shall apply with respect to 
        programs and activities under section 184 of title

[[Page 122 STAT. 4577]]

        10, United States Code (as so amended), that begin on or after 
        that date.

    (b) Temporary <<NOTE: 10 USC 184 note.>> Waiver of Reimbursement of 
Costs of Activities for Nongovernmental Personnel.--
            (1) Authority for temporary waiver.--In fiscal years 2009 
        and 2010, the Secretary of Defense may, with the concurrence of 
        the Secretary of State, waive reimbursement otherwise required 
        under subsection (f) of section 184 of title 10, United States 
        Code, of the costs of activities of Regional Centers under such 
        section for personnel of nongovernmental and international 
        organizations who participate in activities of the Regional 
        Centers that enhance cooperation of nongovernmental 
        organizations and international organizations with United States 
        forces if the Secretary of Defense determines that attendance of 
        such personnel without reimbursement is in the national security 
        interests of the United States.
            (2) Limitation.--The amount of reimbursement that may be 
        waived under paragraph (1) in any fiscal year may not exceed 
        $1,000,000.
            (3) Annual report.--The Secretary of Defense shall include 
        in the annual report under section 184(h) of title 10, United 
        States Code, in 2010 and 2011 information on the attendance of 
        personnel of nongovernmental and international organizations in 
        activities of the Regional Centers during the preceding fiscal 
        year for which a waiver of reimbursement was made under 
        paragraph (1), including information on the costs incurred by 
        the United States for the participation of personnel of each 
        nongovernmental or international organization that so attended.
SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED STATES 
                        SOUTHERN COMMAND DEVELOPMENT ASSISTANCE 
                        ACTIVITIES.

    (a) Report and Certification Required.--Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report describing 
the development assistance activities carried out by the United States 
Southern Command during fiscal year 2008 and planned for fiscal year 
2009 and containing a certification by the Secretary that such 
development assistance activities--
            (1) will not adversely diminish the ability of the United 
        States Southern Command or its components to carry out its 
        combat or military missions;
            (2) do not divert resources from funded or unfunded 
        requirements of the United States Southern Command in connection 
        with the role of the Department of Defense under section 124 of 
        title 10, United States Code, as the single lead agency of the 
        Federal Government for the detection and monitoring of aerial 
        and maritime transit of illegal drugs into the United States;
            (3) are not unnecessarily duplicative of activities already 
        conducted or planned to be conducted by any other Federal 
        department or agency during fiscal year 2009; and
            (4) are designed, planned, and conducted to complement joint 
        training and exercises, host-country capacity building, or 
        similar activities directly connected to the responsibilities of 
        the United States Southern Command.

[[Page 122 STAT. 4578]]

    (b) Restriction on Obligation of Funds Pending Certification.--Of 
the amounts appropriated pursuant to an authorization of appropriations 
in this Act or otherwise made available for fiscal year 2009 for 
operation and maintenance for the United States Southern Command, not 
more than 90 percent may be obligated or expended until 30 days after 
the certification required by subsection (a) is received by the 
congressional defense committees.
    (c) Development Assistance Activities Defined.--In this section, the 
term ``development assistance activities'' means assistance activities 
carried out by the United States Southern Command that are comparable to 
the assistance activities carried out by the United States under--
            (1) chapters 1, 10, 11, and 12 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 et 
        seq.); and
            (2) any other provision of law for purposes comparable to 
        the purposes for which assistance activities are carried out 
        under the provisions of law referred to in paragraph (1).
SEC. 943. AUTHORIZATION OF NON-CONVENTIONAL ASSISTED RECOVERY 
                        CAPABILITIES.

    (a) Non-Conventional Assisted Recovery Capabilities.--Upon a 
determination by a commander of a combatant command that an action is 
necessary in connection with a non-conventional assisted recovery 
effort, and with the concurrence of the relevant Chief of Mission or 
Chiefs of Mission, an amount not to exceed $20,000,000 of the funds 
appropriated pursuant to an authorization of appropriations or otherwise 
made available for ``Operation and Maintenance, Navy'' may be used to 
establish, develop, and maintain non-conventional assisted recovery 
capabilities.
    (b) Procedures.--The Secretary of Defense shall establish procedures 
for the exercise of the authority under subsection (a). 
The <<NOTE: Notification.>> Secretary shall notify the congressional 
defense committees of those procedures before any exercise of that 
authority.

    (c) Authorized Activities.--Non-conventional assisted recovery 
capabilities authorized under subsection (a) may, in limited and special 
circumstances, include the provision of support to foreign forces, 
irregular forces, groups, or individuals in order to facilitate the 
recovery of Department of Defense or Coast Guard military or civilian 
personnel, or other individuals who, while conducting activities in 
support of United States military operations, become separated or 
isolated and cannot rejoin their units without the assistance authorized 
in subsection (a). Such support may include the provision of limited 
amounts of equipment, supplies, training, transportation, or other 
logistical support or funding.
    (d) Notice to Congress on Use of <<NOTE: Deadline.>> Authority.--
Upon using the authority in subsection (a) to make funds available for 
support of non-conventional assisted recovery activities, the Secretary 
of Defense shall notify the congressional defense committees within 72 
hours of the use of such authority with respect to support of such 
activities. Any such notice shall be in writing.

    (e) Annual Report.--Not later than 30 days after the close of each 
fiscal year during which subsection (a) is in effect, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
support provided under that subsection during that fiscal year. Each 
such report shall describe the support

[[Page 122 STAT. 4579]]

provided, including a statement of the recipient of support and the 
amount obligated to provide the support.
    (f) Limitation on Intelligence Activities.--This section does not 
constitute authority to conduct a covert action, as such term is defined 
in section 503(e) of the National Security Act of 1947 (50 U.S.C. 
413b(e)).
    (g) Limitation on Foreign Assistance Activities.--This section does 
not constitute authority--
            (1) to build the capacity of foreign military forces or 
        provide security and stabilization assistance, as described in 
        sections 1206 and 1207 of the National Defense Authorization Act 
        for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456 and 
        3458), respectively; and
            (2) to provide assistance that is otherwise prohibited by 
        any other provision in law, including any provision of law 
        relating to the control of exports of defense articles or 
        defense services.

    (h) Period of Authority.--The authority under this section is in 
effect during each of the fiscal years 2009 through 2011.
SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT ISSUES.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on certain homeland defense 
and civil support issues.
    (b) Elements.--The report required under subsection (a) shall 
include the following:
            (1) A description of the progress made by the Department of 
        Defense to address the concerns related to the United States 
        Northern Command identified in the Comptroller General reports 
        GAO-08-251 and GAO-08-252, including improved coordination with 
        other agencies.
            (2) A detailed description of the plans and progress made by 
        the Department of Defense to establish forces assigned the 
        mission of managing the consequences of an incident in the 
        United States homeland involving a chemical, biological, 
        radiological, or nuclear device, or high-yield explosives.
SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

    (a) In General.--Not later than 6 months after the date of enactment 
of this Act, the Chief of the National Guard Bureau shall submit to the 
Secretary of Defense a report--
            (1) detailing the extent to which the various provisions in 
        title XVIII of the National Defense Authorization Act for Fiscal 
        Year 2008 (Public Law 110-181) have been effective in giving the 
        Chief of the National Guard Bureau the authorities and resources 
        needed to perform the responsibilities and duties of the Chief; 
        and
            (2) assessing the adequacy of Department of Defense funding 
        for the resource requirements of the National Guard.

    (b) Report to Congress.--Not later than 30 days after the Secretary 
of Defense receives the report under subsection (a), the Secretary shall 
submit to Congress such report, along with any explanatory comments the 
Secretary considers necessary.

[[Page 122 STAT. 4580]]

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. One-time shift of military retirement payments.
Sec. 1003. Management of purchase cards.
Sec. 1004. Codification of recurring authority on United States 
           contributions to the North Atlantic Treaty Organization 
           common-funded budgets.
Sec. 1005. Incorporation of funding decisions into law.

          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas.
Sec. 1012. Report on repair of naval vessel in foreign shipyards.
Sec. 1013. Report on plan for disposal of certain vessels stricken from 
           the Naval Vessel Register.
Sec. 1014. Reimbursement of expenses for certain Navy mess operations.
Sec. 1015. Policy relating to major combatant vessels of the strike 
           forces of the United States Navy.

                   Subtitle C--Counter-Drug Activities

Sec. 1021. Extension of reporting requirement regarding Department of 
           Defense expenditures to support foreign counter-drug 
           activities.
Sec. 1022. Extension of authority for joint task forces to provide 
           support to law enforcement agencies conducting counter-
           terrorism activities.
Sec. 1023. Extension of authority to support unified counter-drug and 
           counterterrorism campaign in Colombia and continuation of 
           numerical limitation on assignment of United States 
           personnel.
Sec. 1024. Expansion and extension of authority to provide additional 
           support for counter-drug activities of certain foreign 
           governments.
Sec. 1025. Comprehensive Department of Defense strategy for counter-
           narcotics efforts for United States Africa Command.
Sec. 1026. Comprehensive Department of Defense strategy for counter-
           narcotics efforts in South and Central Asian regions.

          Subtitle D--Miscellaneous Authorities and Limitations

Sec. 1031. Enhancement of the capacity of the United States Government 
           to conduct complex operations.
Sec. 1032. Crediting of admiralty claim receipts for damage to property 
           funded from a Department of Defense working capital fund.
Sec. 1033. Minimum annual purchase requirements for charter air 
           transportation services from carriers participating in the 
           Civil Reserve Air Fleet.
Sec. 1034. Semi-annual reports on status of Navy Next Generation 
           Enterprise Networks program.
Sec. 1035. Sense of Congress on nuclear weapons management.
Sec. 1036.  Sense of Congress on joint Department of Defense-Federal 
           Aviation Administration executive committee on conflict and 
           dispute resolution.
Sec. 1037.  Sense of Congress on sale of new outsize cargo, strategic 
           airlift aircraft for civilian use.

                     Subtitle E--Studies and Reports

Sec. 1041. Report on corrosion control and prevention.
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) 
           in a Federal response to wildfires.
Sec. 1043. Study on rotorcraft survivability.
Sec. 1044. Report on nuclear weapons.
Sec. 1045. Report on compliance by Department of Defense with Guam tax 
           and licensing laws.
Sec. 1046. Report on detention operations in Iraq.
Sec. 1047. Review of bandwidth capacity requirements of the Department 
           of Defense and the intelligence community.
Sec. 1048. Review of findings and recommendations applicable to the 
           Department of Defense regarding electromagnetic pulse attack.

                        Subtitle F--Other Matters

Sec. 1051. Additional information under annual submissions of 
           information regarding information technology capital assets.
Sec. 1052. Submission to Congress of revision to regulation on enemy 
           prisoners of war, retained personnel, civilian internees, and 
           other detainees.

[[Page 122 STAT. 4581]]

Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey.
Sec. 1054. Standing advisory panel on improving coordination among the 
           Department of Defense, the Department of State, and the 
           United States Agency for International Development on matters 
           of national security.
Sec. 1055. Reports on strategic communication and public diplomacy 
           activities of the Federal Government.
Sec. 1056. Prohibitions relating to propaganda.
Sec. 1057. Sense of Congress on interrogation of detainees by contractor 
           personnel.
Sec. 1058. Sense of Congress with respect to videotaping or otherwise 
           electronically recording strategic intelligence 
           interrogations of persons in the custody of or under the 
           effective control of the Department of Defense.
Sec. 1059. Modification of deadlines for standards required for entry to 
           military installations in the United States.
Sec. 1060. Extension of certain dates for Congressional Commission on 
           the Strategic Posture of the United States.
Sec. 1061. Technical and clerical amendments.
Sec. 1062.  Notification of Committees on Armed Services with respect to 
           certain nonproliferation and proliferation activities.
Sec. 1063. Assessment of security measures at consolidated center for 
           North American Aerospace Defense Command and United States 
           Northern Command.

                      Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this division for 
        fiscal year 2009 between any such authorizations for that fiscal 
        year (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $4,200,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).

    (b) Limitations.--The authority provided by this section to transfer 
authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.

    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).
SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS.

    (a) Reduction of Payments.--Notwithstanding any other provision of 
law, any amounts that would otherwise be payable from the fund to 
individuals for the month of August 2013 (with

[[Page 122 STAT. 4582]]

disbursements scheduled for September 2013) shall be reduced by 1 
percent.
    (b) Reversion.--Beginning <<NOTE: Effective date.>> on September 1, 
2013 (with disbursements beginning in October 2013), amounts payable to 
individuals from the fund shall revert back to amounts as specified in 
law as if the reduction in subsection (a) did not take place.

    (c) Refund.--Any individual who has a payment reduced under 
subsection (a) shall receive a one-time payment, from the fund, in an 
amount equal to the amount of such reduction. This one-time payment 
shall be included with disbursements from the fund scheduled for October 
2013.
    (d) Fund.--In this section, the term ``fund'' refers to the 
Department of Defense Military Retirement Fund established by section 
1461 of title 10, United States Code.
    (e) Transfer.--Not <<NOTE: Deadline.>> later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
transfer $40,000,000 from the unobligated balances of the National 
Defense Stockpile Transaction Fund to the Miscellaneous Receipts Fund of 
the United States Treasury to offset estimated costs arising from 
section 702 and the amendments made by such section.
SEC. 1003. MANAGEMENT OF PURCHASE CARDS.

    (a) Penalties for Violations.--Section 2784(c)(1) of title 10, 
United States Code, is amended by striking ``(1) provide for'' and 
inserting the following:
            ``(1) provide--
                    ``(A) for the reimbursement of charges for 
                unauthorized or erroneous purchases, in appropriate 
                cases; and
                    ``(B) for''.

    (b) Required Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report detailing actions to be taken by the Department 
of Defense to implement the recommendations of the Government 
Accountability Office in its report titled ``Actions Needed to 
Strengthen Internal Controls to Reduce Fraudulent, Improper, and Abusive 
Purchases'' (GAO-08-333) to improve safeguards and internal controls on 
the use of agency purchase cards.
SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED STATES 
                          CONTRIBUTIONS TO THE NORTH ATLANTIC 
                          TREATY ORGANIZATION COMMON-FUNDED 
                          BUDGETS.

    (a) Codification of Authority.--
            (1) In general.--Subchapter II of chapter 134 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 2263. United States contributions to the North Atlantic 
                  Treaty Organization common-funded budgets

    ``(a) In General.--The total amount contributed by the Secretary of 
Defense in any fiscal year for the common-funded budgets of NATO may be 
an amount in excess of the maximum amount that would otherwise be 
applicable to those contributions in such fiscal year under the fiscal 
year 1998 baseline limitation.
    ``(b) Reports.--(1) Not later than October 30 each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the contributions made by the Secretary

[[Page 122 STAT. 4583]]

to the common-funded budgets of NATO in the preceding fiscal year.
    ``(2) Each report under paragraph (1) shall include, for the fiscal 
year covered by such report, the following:
            ``(A) The amounts contributed by the Secretary to each of 
        the separate budgets and programs of the North Atlantic Treaty 
        Organization under the common-funded budgets of NATO.
            ``(B) For each budget and program to which the Secretary 
        made such a contribution, the percentage of such budget or 
        program during the fiscal year that such contribution 
        represented.

    ``(c) Definitions.--In this section:
            ``(1) Common-funded budgets of nato.--The term `common-
        funded budgets of NATO' means the Military Budget, the Security 
        Investment Program, and the Civil Budget of the North Atlantic 
        Treaty Organization (and any successor or additional account or 
        program of NATO).
            ``(2) Fiscal year 1998 baseline limitation.--The term 
        `fiscal year 1998 baseline limitation' means the maximum annual 
        amount of Department of Defense contributions for common-funded 
        budgets of NATO that is set forth as the annual limitation in 
        section 3(2)(C)(ii) of the resolution of the Senate giving the 
        advice and consent of the Senate to the ratification of the 
        Protocols to the North Atlantic Treaty of 1949 on the Accession 
        of Poland, Hungary, and the Czech Republic (as defined in 
        section 4(7) of that resolution), approved by the Senate on 
        April 30, 1998.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 134 of such title is 
        amended by adding at the end the following new item:

``2263. United States contributions to the North Atlantic Treaty 
           Organization common-funded budgets.''.

    (b) Effective <<NOTE: 10 USC 2263 note.>> Date.--The amendments made 
by this section shall take effect on October 1, 2008, and shall apply to 
fiscal years that begin on or after that date.
SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW.

    (a) Amounts Specified in Joint Explanatory Statement Are Authorized 
by Law.--Wherever <<NOTE: Deadline.>> a funding table in the Joint 
Explanatory Statement which is to be printed in the Congressional Record 
on or about September 23, 2008, to explain the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 specifies a dollar amount 
for a project, program, or activity, the obligation and expenditure of 
the specified dollar amount for the indicated project, program, or 
activity is hereby authorized by law to be carried out to the same 
extent as if included in the text of the Act, subject to the 
availability of appropriations.

    (b) Merit-Based Decisions.--Decisions by agency heads to commit, 
obligate, or expend funds with or to a specific entity on the basis of 
dollar amount authorized pursuant to subsection (a) shall be based on 
authorized, transparent, statutory criteria, or merit-based selection 
procedures in accordance with the requirements of sections 2304(k) and 
2374 of title 10, United States Code, and other applicable provisions of 
law.
    (c) Relationship to Transfer and Reprogramming Authority.--This 
section does not prevent an amount covered by

[[Page 122 STAT. 4584]]

this section from being transferred or reprogrammed under a transfer or 
reprogramming authority provided by another provision of this Act or by 
other law. The transfer or reprogramming of an amount incorporated into 
the Act by this section shall not count against a ceiling on such 
transfers or reprogrammings under section 1001 of this Act or any other 
provision of law, unless such transfer or reprogramming would move funds 
between appropriation accounts.
    (d) Applicability to Classified Annex.--This section applies to any 
classified annex to the Joint Explanatory Statement referred to in 
subsection (a).
    (e) Oral and Written Communication.--No oral or written 
communication concerning any amount specified in the Joint Explanatory 
Statement referred to in subsection (a) shall supersede the requirements 
of this section.

          Subtitle B--Policy Relating to Vessels and Shipyards

SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS.

    (a) Conveyance Authorized.--The Secretary of the Navy is authorized 
to convey the floating drydock AFDL-23, located in Aransas Pass, Texas, 
to Gulf Copper Ship Repair, that company being the current lessee of the 
drydock.
    (b) Condition of Conveyance.--The Secretary shall require as a 
condition of the conveyance under subsection (a) that the drydock remain 
at the facilities of Gulf Copper Ship Repair, at Aransas Pass, Texas, 
until at least September 30, 2010.
    (c) Consideration.--As consideration for the conveyance of the 
drydock under subsection (a), the purchaser shall provide compensation 
to the United States the value of which, as determined by the Secretary, 
is equal to the fair market value of the drydock, as determined by the 
Secretary. The Secretary shall take into account amounts paid by, or due 
and owing from, the lessee.
    (d) Transfer at No Cost to United <<NOTE: Applicability.>> States.--
The provisions of section 7306(c) of title 10, United States Code, shall 
apply to the conveyance under this section.

    (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance under 
subsection (a) as the Secretary considers appropriate to protect the 
interests of the United States.
SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIPYARDS.

    Section 7310 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Report.--(1) The Secretary of the Navy shall submit to 
Congress each year, at the time that the President's budget is submitted 
to Congress that year under section 1105(a) of title 31, a report 
listing all repairs and maintenance performed on any covered naval 
vessel that has undergone work for the repair of the vessel in any 
shipyard outside the United States or Guam (in this section referred to 
as a `foreign shipyard') during the fiscal year preceding the fiscal 
year in which the report is submitted.
    ``(2) The report shall include the percentage of the annual ship 
repair budget of the Navy that was spent on repair of covered

[[Page 122 STAT. 4585]]

naval vessels in foreign shipyards during the fiscal year covered by the 
report.
    ``(3) The report also shall include the following with respect to 
each covered naval vessel:
            ``(A) The justification under law for the repair in a 
        foreign shipyard.
            ``(B) The name and class of vessel repaired.
            ``(C) The category of repair and whether the repair 
        qualified as voyage repair as defined in Commander Military 
        Sealift Command Instruction 4700.15C (September 13, 2007) or 
        Joint Fleet Maintenance Manual (Commander Fleet Forces Command 
        Instruction 4790.3 Revision A, Change 7), Volume III. Scheduled 
        availabilities are to be considered as a composite and reported 
        as a single entity without individual repair and maintenance 
        items listed separately.
            ``(D) The shipyard where the repair work was carried out.
            ``(E) The number of days the vessel was in port for repair.
            ``(F) The cost of the repair and the amount (if any) that 
        the cost of the repair was less than or greater than the cost of 
        the repair provided for in the contract.
            ``(G) The schedule for repair, the amount of work 
        accomplished (stated in terms of work days), whether the repair 
        was accomplished on schedule, and, if not so accomplished, the 
        reason for the schedule over-run.
            ``(H) The homeport or location of the vessel prior to its 
        voyage for repair.
            ``(I) Whether the repair was performed under a contract 
        awarded through the use of competitive procedures or procedures 
        other than competitive procedures.

    ``(4) In this subsection, the term `covered naval vessel' means any 
of the following:
            ``(A) A naval vessel.
            ``(B) Any other vessel under the jurisdiction of the 
        Secretary of the Navy.''.
SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS STRICKEN 
                          FROM THE NAVAL VESSEL REGISTER.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of the Navy, in consultation with the Administrator of the 
Maritime Administration, shall submit to the congressional defense 
committees a report containing--
            (1) a plan for the sale and disposal of each vessel over 
        50,000 tons light ship displacement stricken from the Naval 
        Vessel Register but not yet disposed of by the Navy or the 
        Maritime Administration; and
            (2) the estimated contribution to the domestic market for 
        steel and other metals that might be made from the scrapping of 
        such vessels.
SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS 
                          OPERATIONS.

    (a) Authority for Payment.--Of the amounts appropriated for 
operation and maintenance for the Navy, not more that $1,000,000 may be 
used to pay the charge established under section 1011 of title 37, 
United States Code, for meals sold by messes for United States Navy and 
Naval Auxiliary vessels to the following:
            (1) Members of nongovernmental organizations and officers or 
        employees of host and foreign nations when participating

[[Page 122 STAT. 4586]]

        in or providing support to United States civil-military 
        operations.
            (2) Foreign national patients treated on Naval vessels 
        during the conduct of United States civil-military operations, 
        and their escorts.

    (b) Expiration of Authority.--The authority to pay for meals under 
subsection (a) shall expire on September 30, 2010.
    (c) Report.--Not later than March 31 of each year during which the 
authority to pay for meals under subsection (a) is in effect, the 
Secretary of Defense shall submit to Congress a report on the use of 
such authority.
SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE 
                          STRIKE FORCES OF THE UNITED STATES NAVY.

    Section <<NOTE: Ante, p. 303.>> 1012(c)(1) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181) is amended 
by adding at the end the following:
                    ``(D) Amphibious assault ships, including dock 
                landing ships (LSD), amphibious transport-dock ships 
                (LPD), helicopter assault ships (LHA/LHD), and 
                amphibious command ships (LCC), if such vessels exceed 
                15,000 dead weight ton light ship displacement.''.

                   Subtitle C--Counter-Drug Activities

SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING DEPARTMENT 
                          OF DEFENSE EXPENDITURES TO SUPPORT 
                          FOREIGN COUNTER-DRUG ACTIVITIES.

    Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106-398; 114 Stat. 1654A-255), as most recently amended by section 
1024 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2383), is further amended by 
striking ``and February 15, 2008'' and inserting ``February 15, 2008, 
and February 15, 2009''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE 
                          SUPPORT TO LAW ENFORCEMENT AGENCIES 
                          CONDUCTING COUNTER-TERRORISM ACTIVITIES.

    Section 1022(b) of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as amended by 
section 1021 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 304), is amended by striking 
``2008'' and inserting ``2009''.
SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG 
                          AND COUNTERTERRORISM CAMPAIGN IN 
                          COLOMBIA AND CONTINUATION OF NUMERICAL 
                          LIMITATION ON ASSIGNMENT OF UNITED 
                          STATES PERSONNEL.

    Section 1021 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as 
amended by section 1023 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2382), is further amended--
            (1) in subsection (a), by striking ``2008'' and inserting 
        ``2009''; and

[[Page 122 STAT. 4587]]

            (2) in subsection (c), by striking ``2008'' and inserting 
        ``2009''.
SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE 
                          ADDITIONAL SUPPORT FOR COUNTER-DRUG 
                          ACTIVITIES OF CERTAIN FOREIGN 
                          GOVERNMENTS.

    (a) Extension of Authority.--Subsection (a)(2) of section 1033 of 
the National Defense Authorization Act for Fiscal Year 1998 (Public Law 
105-85; 111 Stat. 1881), as amended by section 1021 of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136, 117 
Stat. 1593), section 1022 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2137), and section 1022 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 304), is further amended 
by striking ``2008'' and inserting ``2009''.
    (b) Additional Governments Eligible to Receive Support.--Subsection 
(b) of such section is amended by adding at the end the following new 
paragraphs:
            ``(19) The Government of Guinea-Bissau.
            ``(20) The Government of Senegal.
            ``(21) The Government of El Salvador.
            ``(22) The Government of Honduras.''.

    (c) Maximum Annual Amount of Support.--Subsection (e)(2) of such 
section is amended--
            (1) by striking ``or'' after ``2006,''; and
            (2) by striking the period at the end and inserting ``, or 
        $75,000,000 during fiscal year 2009.''.

    (d) Condition on Provision of Support.--Subsection (f) of such 
section is amended--
            (1) in paragraph (2), by inserting after ``In the case of'' 
        the following: ``funds appropriated for fiscal year 2009 to 
        carry out this section and''; and
            (2) in paragraph (4)(B), by striking ``Committee on 
        International Relations'' and inserting ``Committee on Foreign 
        Affairs''.

    (e) Counter-Drug Plan.--Subsection (h) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``fiscal year 2004'' and inserting ``fiscal year 2009''; and
            (2) in subparagraph (7), by striking ``For the first fiscal 
        year'' and inserting ``For fiscal year 2009, and thereafter, for 
        the first fiscal year''.
SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR 
                          COUNTER-NARCOTICS EFFORTS FOR UNITED 
                          STATES AFRICA COMMAND.

    (a) Report Required.--Not later than June 30, 2009, the Secretary of 
Defense shall submit to the congressional defense committees a 
comprehensive strategy of the Department of the Defense with regard to 
counter-narcotics efforts in Africa, with an emphasis on West Africa and 
the Maghreb. The Secretary of Defense shall prepare the strategy in 
consultation with the Secretary of State.
    (b) Matters to Be Included.--The comprehensive strategy shall 
consist of a general overview and a separate detailed section for each 
of the following:
            (1) A description of the overall United States counter-
        narcotics policy for Africa.

[[Page 122 STAT. 4588]]

            (2) The roles and missions of the Department of Defense in 
        support of the overall United States counter-narcotics policy 
        for Africa.
            (3) The priorities for the Department of Defense to meet 
        programmatic objectives one-year, three-years, and five-years 
        after the end of fiscal year 2009, including a description of 
        the expected allocation of resources of the Department of 
        Defense to accomplish these priorities.
            (4) The efforts of the Secretary of Defense to coordinate 
        the Department of Defense counter-narcotics activities in Africa 
        with Department of Defense building capacity programs, including 
        programs carried out under the authority of the Secretary under 
        section 1206 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456).
            (5) The efforts to coordinate the counter-narcotics 
        activities of the Department of Defense with the counter-
        narcotics activities of the governments eligible to receive 
        support under section 1033 of the National Defense Authorization 
        Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881) and 
        the counter-narcotics activities in Africa of European countries 
        and other international and regional partners.

    (c) Plans.--The comprehensive strategy shall also include the 
following plans:
            (1) A detailed and comprehensive plan to utilize the 
        capabilities and assets of the combatant commands that 
        geographically surround the United States Africa Command for the 
        counter-narcotics efforts and activities of the United States 
        Africa Command on a temporary basis until the United States 
        Africa Command develops its own commensurate capabilities and 
        assets, including in the plan a description of what measures 
        will be taken to effectuate the transition of the missions.
            (2) A detailed and comprehensive plan to enhance cooperation 
        with certain African countries, which are often geographically 
        contiguous to other African countries that have a significant 
        narcotics-trafficking challenges, to increase the effectiveness 
        of the counter-narcotics activities of the Department of Defense 
        and its international and regional partners.
SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY FOR 
                          COUNTER-NARCOTICS EFFORTS IN SOUTH AND 
                          CENTRAL ASIAN REGIONS.

    (a) Report Required.--Not later than June 30, 2009, the Secretary of 
Defense shall submit to the congressional defense committees a 
comprehensive strategy of the Department of the Defense with regard to 
counter-narcotics efforts in the South and Central Asian regions, 
including the countries of Afghanistan, Turkmenistan, Tajikistan, 
Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as the countries of 
Armenia, Azerbaijan, and China.
    (b) Matters to Be Included.--The comprehensive strategy shall 
consist of a general overview and a separate detailed section for each 
of the following:
            (1) The roles and missions of the Department of Defense in 
        support of the overall United States counter-narcotics policy 
        for countries of the South and Central Asian regions and the 
        other countries specified in subsection (a).
            (2) The priorities for the Department of Defense to meet 
        programmatic objectives for fiscal year 2010, including a

[[Page 122 STAT. 4589]]

        description of the expected allocation of resources of the 
        Department of Defense to accomplish these priorities.
            (3) The ongoing and planned counter-narcotics activities 
        funded by the Department of Defense for such regions and 
        countries.
            (4) The efforts to coordinate the counter-narcotics 
        activities of the Department of Defense with the counter-
        narcotics activities of such regions and countries and the 
        counter-narcotics activities of other international partners in 
        such regions and countries.
            (5) The specific metrics used by the Department of Defense 
        to evaluate progress of activities to reduce the production and 
        trafficking of illicit narcotics in such regions and countries.

          Subtitle D--Miscellaneous Authorities and Limitations

SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES 
                          GOVERNMENT TO CONDUCT COMPLEX 
                          OPERATIONS.

    (a) In General.--Chapter 20 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 409. Center for Complex Operations

    ``(a) Center Authorized.--The Secretary of Defense may establish a 
center to be known as the `Center for Complex Operations' (in this 
section referred to as the `Center').
    ``(b) Purposes.--The purposes of the Center established under 
subsection (a) shall be the following:
            ``(1) To provide for effective coordination in the 
        preparation of Department of Defense personnel and other United 
        States Government personnel for complex operations.
            ``(2) To foster unity of effort during complex operations 
        among--
                    ``(A) the departments and agencies of the United 
                States Government;
                    ``(B) foreign governments and militaries;
                    ``(C) international organizations and international 
                nongovernmental organizations; and
                    ``(D) domestic nongovernmental organizations.
            ``(3) To conduct research; collect, analyze, and distribute 
        lessons learned; and compile best practices in matters relating 
        to complex operations.
            ``(4) To identify gaps in the education and training of 
        Department of Defense personnel, and other relevant United 
        States Government personnel, relating to complex operations, and 
        to facilitate efforts to fill such gaps.

    ``(c) Concurrence of the Secretary of State.--The Secretary of 
Defense shall seek the concurrence of the Secretary of State to the 
extent the efforts and activities of the Center involve the entities 
referred to in subparagraphs (B) and (C) of subsection (b)(2).
    ``(d) Support From Other United States Government Departments or 
Agencies.--The head of any non-Department of Defense department or 
agency of the United States Government may--

[[Page 122 STAT. 4590]]

            ``(1) provide to the Secretary of Defense services, 
        including personnel support, to support the operations of the 
        Center; and
            ``(2) transfer funds to the Secretary of Defense to support 
        the operations of the Center.

    ``(e) Acceptance of Gifts and Donations.--(1) Subject to paragraph 
(3), the Secretary of Defense may accept from any source specified in 
paragraph (2) any gift or donation for purposes of defraying the costs 
or enhancing the operations of the Center.
    ``(2) The sources specified in this paragraph are the following:
            ``(A) The government of a State or a political subdivision 
        of a State.
            ``(B) The government of a foreign country.
            ``(C) A foundation or other charitable organization, 
        including a foundation or charitable organization that is 
        organized or operates under the laws of a foreign country.
            ``(D) Any source in the private sector of the United States 
        or a foreign country.

    ``(3) The Secretary may not accept a gift or donation under this 
subsection if acceptance of the gift or donation would compromise or 
appear to compromise--
            ``(A) the ability of the Department of Defense, any employee 
        of the Department, or any member of the armed forces to carry 
        out the responsibility or duty of the Department in a fair and 
        objective manner; or
            ``(B) the integrity of any program of the Department or of 
        any person involved in such a program.

    ``(4) The Secretary shall provide written guidance setting forth the 
criteria to be used in determining the applicability of paragraph (3) to 
any proposed gift or donation under this subsection.
    ``(f) Crediting of Funds Transferred or Accepted.--Funds transferred 
to or accepted by the Secretary of Defense under this section shall be 
credited to appropriations available to the Department of Defense for 
the Center, and shall be available for the same purposes, and subject to 
the same conditions and limitations, as the appropriations with which 
merged. Any funds so transferred or accepted shall remain available 
until expended.
    ``(g) Definitions.--In this section:
            ``(1) The term `complex operation' means an operation as 
        follows:
                    ``(A) A stability operation.
                    ``(B) A security operation.
                    ``(C) A transition and reconstruction operation.
                    ``(D) A counterinsurgency operation.
                    ``(E) An operation consisting of irregular warfare.
            ``(2) The term `gift or donation' means any gift or donation 
        of funds, materials (including research materials), real or 
        personal property, or services (including lecture services and 
        faculty services).''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 20 of such title is amended by adding at the end the following 
new item:

``409. Center for Complex Operations.''.

[[Page 122 STAT. 4591]]

SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE TO 
                          PROPERTY FUNDED FROM A DEPARTMENT OF 
                          DEFENSE WORKING CAPITAL FUND.

    Section 7623(b) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) in paragraph (1), as so designated, by striking the last 
        sentence; and
            (3) by adding at the end the following new paragraph:

    ``(2)(A) Except as provided in subparagraph (B), amounts received 
under this section shall be covered into the Treasury as miscellaneous 
receipts.
    ``(B) Amounts received under this section for damage or loss to 
property operated and maintained with funds from a Department of Defense 
working capital fund or account shall be credited to that fund or 
account.''.
SEC. 1033. MINIMUM ANNUAL PURCHASE REQUIREMENTS FOR CHARTER AIR 
                          TRANSPORTATION SERVICES FROM CARRIERS 
                          PARTICIPATING IN THE CIVIL RESERVE AIR 
                          FLEET.

    (a) In General.--Chapter 931 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9515. Charter air transportation services: minimum annual 
                  purchase amount for carriers participating in 
                  Civil Reserve Air Fleet

    ``(a) In General.--The Secretary of Defense shall take steps to--
            ``(1) improve the predictability in Department of Defense 
        charter requirements;
            ``(2) strengthen Civil Reserve Airlift Fleet participation 
        to assure adequate capacity is available to meet steady-state, 
        surge and mobilization requirements; and
            ``(3) provide incentives for commercial air passenger 
        carriers to provide newer, more efficient and reliable aircraft 
        for Department of Defense service rather than older, fully 
        depreciated aircraft.

    ``(b) Consideration of Recommendations.--In carrying out subsection 
(a), the Secretary of Defense shall consider the recommendations on 
courses of action for the Civil Reserve Air Fleet as outlined in the 
report required by Section 356 of the National Defense Authorization Act 
for 2008 (Public Law 110-181).
    ``(c) Contracts for Charter Air Transportation Services.--The 
Secretary of Defense may award to an air carrier or an air carrier 
contractor team arrangement participating in the Civil Reserve Air Fleet 
on a fiscal year basis a one-year contract for charter air 
transportation services with a minimum purchase amount under such 
contract determined in accordance with this section.
    ``(d) Eligible Charter Air Transportation Carriers.--In order to be 
eligible for payments under the minimum purchase amount provided by this 
section, an air carrier (or any air carrier participating in an air 
carrier contractor team arrangement)--
            ``(1) if under contract with the Department of Defense in 
        the prior fiscal year, shall have an average on-time pick up 
        rate, based on factors within such air carrier's control, of at 
        least 90 percent;

[[Page 122 STAT. 4592]]

            ``(2) shall offer such amount of commitment to the Civil 
        Reserve Air Fleet in excess of the minimum required for 
        participation in the Civil Reserve Air Fleet as the Secretary of 
        Defense shall specify for purposes of this section; and
            ``(3) may not have refused a Department of Defense request 
        to act as a host for other Civil Reserve Air Fleet carriers at 
        intermediate staging bases during the prior fiscal year.

    ``(e) Aggregate Minimum Purchase Amount.--(1) The aggregate amount 
of the minimum purchase amount for all contracts awarded under 
subsection (c) for a fiscal year shall be based on forecast needs, but 
may not exceed the amount equal to 80 percent of the average annual 
expenditure of the Department of Defense for charter air transportation 
services during the five-fiscal year period ending in the fiscal year 
before the fiscal year for which such contracts are awarded.
    ``(2) In calculating the average annual expenditure of the 
Department of Defense for charter air transportation services for 
purposes of paragraph (1), the Secretary of Defense shall omit from the 
calculation any fiscal year exhibiting unusually high demand for charter 
air transportation services if the Secretary determines that the 
omission of such fiscal year from the calculation will result in a more 
accurate forecast of anticipated charter air transportation services for 
purposes of that paragraph.
    ``(f) Allocation of Minimum Purchase Among Charter Air 
Transportation Contracts.--(1) The aggregate amount of the minimum 
purchase amount for all contracts awarded under subsection (c) for a 
fiscal year, as determined under subsection (e), shall be allocated 
among all air carriers and air carrier contractor team arrangements 
awarded contracts under subsection (c) for such fiscal year in 
proportion to the commitments of such carriers to the Civil Reserve Air 
Fleet for such fiscal year.
    ``(2) In determining the minimum purchase amount payable under 
paragraph (1) under a contract under subsection (c) for charter air 
transportation services provided by an air carrier or air carrier 
contractor team arrangement during the fiscal year covered by such 
contract, the Secretary of Defense may adjust the amount allocated to 
such carrier or arrangement under paragraph (2) to take into account 
periods during such fiscal year when charter air transportation services 
of such carrier or a carrier in such arrangement are unavailable for 
usage by the Department of Defense, including during periods of refused 
business or suspended operations or when such carrier is placed in 
nonuse status pursuant to section 2640 of this title for safety reasons.
    ``(g) Distribution of Amounts.--If any amount available under this 
section for the minimum purchase of charter air transportation services 
from a carrier or air carrier contractor team arrangement for a fiscal 
year under a contract under subsection (c) is not utilized to purchase 
charter air transportation services from the carrier or arrangement in 
such fiscal year, such amount shall be provided to the carrier or 
arrangement before the first day of the following fiscal year.
    ``(h) Commitment of Funds.--(1) The Secretary of each military 
department shall transfer to the transportation working capital fund a 
percentage of the total amount anticipated to be required in such fiscal 
year for the payment of minimum purchase amounts under all contracts 
awarded under subsection (c) for such fiscal year equivalent to the 
percentage of the anticipated use of charter

[[Page 122 STAT. 4593]]

air transportation services by such military department during such 
fiscal year from all carriers under contracts awarded under subsection 
(c) for such fiscal year.
    ``(2) Any amounts required to be transferred under paragraph (1) 
shall be transferred by the last day of the fiscal year concerned to 
meet the requirements of subsection (g) unless minimum purchase amounts 
have already been distributed by the Secretary of Defense under 
subsection (g) as of that date.
    ``(i) Availability of Airlift Services.--(1) From the total amount 
of charter air transportation services available for a fiscal year under 
all contracts awarded under subsection (c) for such fiscal year, a 
military department shall be entitled to obtain a percentage of such 
services equal to the percentage of the contribution of the military 
department to the transportation working capital fund for such fiscal 
year under subsection (h).
    ``(2) A military department may transfer any entitlement to charter 
air transportation services under paragraph (1) to any other military 
department or to any other agency, element, or component of the 
Department of Defense.
    ``(j) Definition.--In this section, the term `charter air 
transportation' has the meaning given such term in section 40102(14) of 
title 49, United States Code, except that it only means such 
transportation for which the Secretary of Defense has entered into a 
contract for the purpose of passenger travel.
    ``(k) Sunset.--The authorities in this section shall expire on 
December 31, 2015.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 941 of such title is amended by adding at the end the following 
new item:

``9515. Charter air transportation services: minimum annual purchase 
           amount for carriers participating in Civil Reserve Air 
           Fleet.''.

    (c) Report <<NOTE: 10 USC 9515 note.>> to Congress; Limitation on 
Exercise of Authority.--
            (1) Report.--The Secretary of Defense shall submit to the 
        congressional defense committees a written report on the actions 
        taken under subsections (a) and (b) of section 9515 of title 10, 
        United States Code, as added by subsection (a), along with the 
        anticipated risks and benefits of such actions.
            (2) Limitation.--No authority under subsections (c) through 
        (I) of such section may be implemented until 30 days after the 
        date on which the Secretary submits the report required under 
        paragraph (1).
SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERATION 
                          ENTERPRISE NETWORKS PROGRAM.

    (a) Semi-Annual Reports Required.--The Secretary of Defense shall 
submit to the congressional defense committees semi-annual reports on 
the status of the development, testing, and deployment of the Navy Next 
Generation Enterprise Networks program and the transition of the 
capabilities provided by the Navy Marine Corps Intranet program to the 
Next Generation Enterprise Networks program. Each such report shall 
cover such status during the two fiscal quarters preceding the fiscal 
quarter in which the report is submitted.
    (b) Coordination.--The Secretary of Defense shall develop each of 
the semi-annual reports required under subsection (a) in coordination 
with the Secretary of the Navy, the Under Secretary

[[Page 122 STAT. 4594]]

of Defense for Acquisition, Technology, and Logistics, the Assistant 
Secretary of Defense for Networks and Information Integration, and the 
Director of Operational Test and Evaluation.
    (c) Contents of Reports.--Each of the reports required under 
subsection (a) shall address the following matters for the period 
covered by the report:
            (1) For each Next Generation Enterprise Networks contract 
        entered into by the Secretary of Defense--
                    (A) the metrics used for quantitatively measuring 
                the performance of the entity with which the Secretary 
                has entered into the contract and, based on such 
                metrics, an assessment of the performance of such entity 
                during such period;
                    (B) the qualitative measures used to assess the 
                performance of such entity and, based on such 
                qualitative measures, an assessment of the performance 
                of such entity during such period;
                    (C) the mechanisms for providing incentives to 
                improve the performance of such entity, the processes 
                for determining incentive payments, and the use of 
                incentive payments made during such period; and
                    (D) the mechanisms for penalizing such entity for 
                poor performance, the processes for determining 
                penalties, and the use of such penalties during such 
                period.
            (2) Any progress made during such period to transition 
        information technology services from the Navy Marine Corps 
        Intranet program to the Next Generation Enterprise Networks 
        program, including the transfer of intellectual property and 
        infrastructure, and a description of contracting mechanisms used 
        to facilitate such transition and the provision of services 
        related to such transition.
            (3) An assessment of any issues arising during such period 
        that relate to the valuation and ownership of intellectual 
        property and infrastructure in the Navy Marine Corps Intranet 
        program.
            (4) Any activities carried out by the Next Generation 
        Enterprise Networks Governance Board to resolve issues related 
        to the Next Generation Enterprise Network program.
            (5) An assessment of the operational effectiveness and 
        suitability of the Next Generation Enterprise Networks program 
        during such period based on testing activities and other 
        assessments.
            (6) A description of the information security and 
        information assurance posture and performance of the Next 
        Generation Enterprise Networks program during such period.
            (7) The schedule, status, and goals of the early transition 
        activities between the Navy Marine Corps Intranet program and 
        the Next Generation Enterprise Networks program carried out 
        during such period.
            (8) A description of the role of the Next Generation 
        Enterprise Networks program with the Navy's network environment.
            (9) An updated acquisition milestone schedule, including any 
        changes from previous planned schedules, the status of achieving 
        milestones, and mitigation strategies for maintaining program 
        schedule performance.

    (d) Deadline for Submittal of Reports.--The Secretary of Defense 
shall submit the semi-annual reports required under this

[[Page 122 STAT. 4595]]

section by not later than April 1 and October 1 of each year, and shall 
submit the first report required under this section by not later than 
April 1, 2009.
    (e) Termination.--The requirement to submit semi-annual reports 
under this section shall terminate on the date that is one year after 
the date on which the Secretary of Defense completes the full transition 
of the provision of services from the Navy Marine Corps Intranet program 
and other transition programs to the Next Generation Enterprise Networks 
program.
SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGEMENT.

    (a) Findings.--Congress makes the following findings:
            (1) The unauthorized transfer of nuclear weapons from Minot 
        Air Force Base, North Dakota, to Barksdale Air Force Base, 
        Louisiana, in August 2007 was an extraordinary breach of the 
        command and control and security of nuclear weapons.
            (2) The reviews conducted following that unauthorized 
        transfer found that the ability of the Department of Defense to 
        provide oversight of nuclear weapons matters had degenerated and 
        that senior level attention to nuclear weapons management is 
        minimal at best.
            (3) The lack of attention to nuclear weapons and related 
        equipment by the Department of Defense was demonstrated again 
        when it was discovered in March 2008 that classified equipment 
        from Minuteman III intercontinental ballistic missiles was 
        inadvertently shipped to Taiwan in 2006.
            (4) The Department of Defense has insufficient capability 
        and staffing in the Office of the Under Secretary of Defense for 
        Policy to provide the necessary oversight of the nuclear weapons 
        functions of the Department.
            (5) The key senior position responsible for nuclear weapons 
        matters in the Department of Defense, the Assistant to the 
        Secretary of Defense for Nuclear and Chemical and Biological 
        Defense Programs, a position filled by appointment by and with 
        the advice and consent of the Senate, was vacant for more than 
        18 months before being filled in July 2008.
            (6) The inability to provide consistent senior level 
        emphasis on nuclear weapons policy has contributed to an erosion 
        in the level of attention paid to nuclear weapons matters across 
        the Department of Defense.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should maintain clear and unambiguous 
        command and control of its nuclear weapons;
            (2) the safety and security of nuclear weapons and related 
        equipment should be a high priority as long as the United States 
        maintains a stockpile of nuclear weapons;
            (3) these objectives will be more successfully attained if 
        greater attention is paid to nuclear weapons matters within the 
        Office of the Secretary of Defense, the Office of the Under 
        Secretary of Defense for Policy, and the Office of the Under 
        Secretary of Defense for Acquisition, Technology, and Logistics;
            (4) the Secretary of Defense should consider establishing 
        and filling a senior position, at the level of Assistant 
        Secretary of Defense or Deputy Under Secretary of Defense, 
        within the Office of the Under Secretary of Defense for Policy 
        to hold

[[Page 122 STAT. 4596]]

        primary responsibility for the strategic and nuclear weapons 
        policy of the Department of Defense; and
            (5) the Secretary of Defense should clarify the lines of 
        responsibility and accountability for nuclear weapons matters 
        within the Office of the Secretary of Defense to place greater 
        emphasis on strategic and nuclear weapons policy and management.
SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE-
                          FEDERAL AVIATION ADMINISTRATION 
                          EXECUTIVE COMMITTEE ON CONFLICT AND 
                          DISPUTE RESOLUTION.

    (a) Findings.--Congress makes the following findings:
            (1) Unmanned aerial systems (UAS) of the Department of 
        Defense, like the Predator and the Global Hawk, have become a 
        critical component of military operations. Unmanned aerial 
        systems are indispensable in the conflict against terrorism and 
        the campaigns in Afghanistan and Iraq.
            (2) Unmanned aerial systems of the Department of Defense 
        must operate in the National Airspace System (NAS) for training, 
        operational support to the combatant commands, and support to 
        domestic authorities in emergencies and national disasters.
            (3) The Department of Defense has been lax in developing 
        certifications of airworthiness for unmanned aerial systems, 
        qualifications for operators of unmanned aerial systems, 
        databases on safety matters relating to unmanned aerial systems, 
        and standards, technology, and procedures that are necessary for 
        routine access of unmanned aerial systems to the National 
        Airspace System.
            (4) As recognized in a Memorandum of Agreement for Operation 
        of Unmanned Aircraft Systems in the National Airspace System 
        signed by the Deputy Secretary of Defense and the Administrator 
        of the Federal Aviation Administration in September 2007, it is 
        vital for the Department of Defense and the Federal Aviation 
        Administration to collaborate closely to achieve progress in 
        gaining access for unmanned aerial systems to the National 
        Airspace System to support military requirements.
            (5) The Department of Defense and the Federal Aviation 
        Administration have jointly and separately taken significant 
        actions to improve the access of unmanned aerial systems of the 
        Department of Defense to the National Airspace System, but 
        overall, the pace of progress in access of such systems to the 
        National Airspace System has been insufficient and poses a 
        threat to national security.
            (6) Techniques and procedures can be rapidly acquired or 
        developed to temporarily permit safe operations of unmanned 
        aerial systems in the National Airspace System until permanent 
        safe operations of such systems in the National Airspace System 
        can be achieved.
            (7) Identifying, developing, approving, implementing, and 
        monitoring the adequacy of these techniques and procedures may 
        require the establishment of a joint Department of Defense-
        Federal Aviation Administration executive committee reporting to 
        the highest levels of the Department of Defense and the Federal 
        Aviation Administration on matters relating

[[Page 122 STAT. 4597]]

        to the access of unmanned aerial systems of the Department of 
        Defense to the National Airspace System.
            (8) Joint management attention at the highest levels of the 
        Department of Defense and the Federal Aviation Administration 
        may also be required on other important issues, such as type 
        ratings for aerial refueling aircraft.

    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should seek an agreement with the Administrator of 
the Federal Aviation Administration to jointly establish within the 
Department of Defense and the Federal Aviation Administration a joint 
Department of Defense-Federal Aviation Administration executive 
committee on conflict and dispute resolution which would--
            (1) act as a focal point for the resolution of disputes on 
        matters of policy and procedures between the Department of 
        Defense and the Federal Aviation Administration with respect 
        to--
                    (A) airspace, aircraft certifications, and aircrew 
                training; and
                    (B) other issues brought before the joint executive 
                committee by the Department of Defense or the Department 
                of Transportation;
            (2) identify solutions to the range of technical, 
        procedural, and policy concerns arising in the disputes 
        described in paragraph (1); and
            (3) identify solutions to the range of technical, 
        procedural, and policy concerns arising in the integration of 
        Department of Defense unmanned aerial systems into the National 
        Airspace System in order to achieve the increasing, and 
        ultimately routine, access of such systems into the National 
        Airspace System.
SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, 
                          STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN 
                          USE.

    (a) Findings.--Congress makes the following findings:
            (1) The 2006 Quadrennial Defense Review and the 2005 
        Mobility Capability Study determined that the United States 
        Transportation Command requires a force of 292 to 383 organic 
        strategic airlift aircraft, augmented by procurement of airlift 
        service from commercial air carriers participating in the Civil 
        Reserve Air Fleet, to meet the demands of the National Military 
        Strategy. Congress has authorized and appropriated funds for 316 
        strategic airlift aircraft.
            (2) The commander of the United States Transportation 
        Command has testified to Congress that it is essential to 
        safeguard the capabilities and capacity of the Civil Reserve Air 
        Fleet to meet wartime surge demands in connection with major 
        combat operations and that procurement by the Air Force of 
        excess organic strategic airlift aircraft could be harmful to 
        the health of the Civil Reserve Air Fleet.
            (3) The C-17 aircraft is used extensively by the Air 
        Mobility Command in the Global War on Terror. Production of the 
        C-17 aircraft is scheduled to cease in August, 2010.
            (4) The Federal Aviation Administration has informed 
        Congress that no fewer than six commercial operators have 
        expressed interest in operating a commercial variant of the C-17 
        aircraft. Commercial sale of the new C-17 aircraft would require 
        that the Department of Defense determine that it is

[[Page 122 STAT. 4598]]

        in the national interest for the Federal Aviation Administration 
        to proceed with the issuance of a type certificate for C-17 
        aircraft in accordance with section 21.27 of title 14, Code of 
        Federal Regulations.
            (5) New C-17 aircraft sold for commercial use could be made 
        available to the Civil Reserve Air Fleet, thus strengthening the 
        capabilities and capacity of the Civil Reserve Air Fleet.

    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense, in consultation with the Secretary of 
Transportation, should--
            (1) review the benefits and feasibility of pursuing a new 
        production commercial cargo capability with new C-17 commercial 
        variant aircraft and determine whether such capability is in the 
        national interest; and
            (2) if the Secretary of Defense determines that such a 
        capability is in the national interest, take appropriate actions 
        to coordinate with the Federal Aviation Administration to 
        achieve the type certification for a commercial variant of the 
        C-17 required by section 21.27 of title 14, Code of Federal 
        Regulations.

                     Subtitle E--Studies and Reports

SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION.

    (a) Report Required.--The Secretary of Defense, acting through the 
Director of Corrosion Policy and Oversight, shall prepare and submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a report on corrosion control and prevention in weapons 
systems and equipment.
    (b) Matters Covered.--The report shall include the comments and 
recommendations of the Department of Defense regarding potential 
improvements in corrosion control and prevention through earlier 
planning. In particular, the report shall include an evaluation and 
business case analysis of options for improving corrosion control and 
prevention in the requirements and acquisition processes of the 
Department of Defense for weapons systems and equipment. The evaluation 
shall include an analysis of the impact of such potential improvements 
on system acquisition costs and life cycle sustainment. The options for 
improved corrosion control and prevention shall include corrosion 
control and prevention--
            (1) as a key performance parameter for assessing the 
        selection of materials and processes;
            (2) as a key performance parameter for sustainment;
            (3) as part of the capability development document in the 
        joint capabilities integration and development system; and
            (4) as a requirement for weapons systems managers to assess 
        their corrosion control and prevention requirements over a 
        system's life cycle and incorporate the results into their 
        acquisition strategies prior to issuing a solicitation for 
        contracts.

    (c) Deadline.--The report shall be submitted not later than 120 days 
after the date of the enactment of this Act.
    (d) Review by Comptroller General.--The Comptroller General shall 
review the report required under subsection (a), including the 
methodology used in the Department's analysis, and shall provide the 
results of the review to the Committees on Armed Services

[[Page 122 STAT. 4599]]

of the Senate and the House of Representatives not later than 60 days 
after the Department submits the report.
SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING SYSTEMS 
                          (MAFFS) IN A FEDERAL RESPONSE TO 
                          WILDFIRES.

    (a) In General.--The Secretary of Defense shall carry out a study to 
determine--
            (1) how to utilize the Department's Modular Airborne Fire 
        Fighting Systems (MAFFS) in all contingencies where there is a 
        Federal response to wildfires; and
            (2) how to decrease the costs of using the Department's 
        MAFFS when supporting National Interagency Fire Center (NIFC) 
        fire fighting operations.

    (b) Report.--Not later than 6 months after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report on the results of the study.
SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY.

    (a) Study Required.--The Secretary of Defense and the Chairman of 
the Joint Chiefs of Staff shall carry out a study on Department of 
Defense rotorcraft survivability. The study shall--
            (1) with respect to actual losses of rotorcraft in combat--
                    (A) identify the rates of such losses from 1965 
                through 2008, measured in total annual losses by type of 
                aircraft and by cause, with rates for loss per flight 
                hour and loss per sortie provided;
                    (B) identify by category of hostile action (such as 
                small arms, Man-Portable Air Defense Systems, and so 
                on), the causal factors for the losses; and
                    (C) propose candidate solutions for survivability 
                (such as training, tactics, speed, countermeasures, 
                maneuverability, lethality, technology, and so on), in a 
                prioritized list with explanations, to mitigate each 
                such causal factor, along with recommended funding 
                adequate to achieve rates at least equal to the 
                experience in the Vietnam conflict;
            (2) with respect to actual losses of rotorcraft in combat 
        theater not related to hostile action--
                    (A) identify the causal factors of loss in a ranked 
                list; and
                    (B) propose candidate solutions for survivability 
                (such as training, tactics, speed, countermeasures, 
                maneuverability, lethality, technology, and so on), in a 
                prioritized list, to mitigate each such causal factor, 
                along with recommended funding adequate to achieve the 
                Secretary's Mishap Reduction Initiative goal of not more 
                than 0.5 mishaps per 100,000 flight hours;
            (3) with respect to losses of rotorcraft in training or 
        other non-combat operations during peacetime or interwar years--
                    (A) identify by category (such as inadvertent 
                instrument meteorological conditions, wire strike, and 
                so on) the causal factors of loss in a ranked list; and
                    (B) identify candidate solutions for survivability 
                and performance (such as candidate solutions referred to 
                in paragraph (2)(B) as well as maintenance, logistics, 
                systems development, and so on) in a prioritized list, 
                to mitigate each such causal factor, along with 
                recommended funding adequate to achieve the goal of 
                rotorcraft loss rates to non-combat causes being reduced 
                to 1.0;

[[Page 122 STAT. 4600]]

            (4) identify the key technical factors (causes of mishaps 
        that are not related to human factors) negatively impacting the 
        rotorcraft mishap rates and survivability trends, to include 
        reliability, availability, maintainability, and other logistical 
        considerations; and
            (5) identify what TACAIR is and has done differently to have 
        such a decrease in losses per sortie when compared to 
        rotorcraft, to include--
                    (A) examination of aircraft, aircraft maintenance, 
                logistics, operations, and pilot and operator training;
                    (B) an emphasis on the development of common service 
                requirements that TACAIR has implemented already which 
                are minimizing losses within TACAIR; and
                    (C) candidate solutions, in a prioritized list, to 
                mitigate each causal factor with recommended funding 
                adequate to achieve the goal of rotorcraft loss rates 
                stated above.

    (b) Report.--Not later than August 1, 2009, the Secretary and the 
Chairman shall submit to the congressional defense committees a report 
on the results of the study.
SEC. 1044. REPORT ON NUCLEAR WEAPONS.

    (a) Findings.--Congress finds that--
            (1) numerous nuclear weapons are held in the arsenals of 
        various countries around the world;
            (2) some of these weapons make attractive targets for theft 
        and for use by terrorist organizations;
            (3) the United States should identify, track, and monitor 
        these weapons as a matter of national security;
            (4) the United States should assess the security risks 
        associated with existing stockpiles of nuclear weapons and 
        should assess the risks of nuclear weapons being developed, 
        acquired, or utilized by other countries, particularly rogue 
        states, and by terrorists and other non-state actors; and
            (5) the United States should work cooperatively with other 
        countries to improve the security of nuclear weapons and to 
        promote multilateral reductions in the numbers of nuclear 
        weapons.

    (b) Review.--The <<NOTE: President.>> President, in consultation 
with the Secretary of Defense, the Secretary of State, the Secretary of 
Energy, and the Director of National Intelligence, shall conduct a 
review of nuclear weapons world-wide that includes--
            (1) an inventory of the nuclear arsenals of all countries 
        that possess, or are believed to possess, nuclear weapons, which 
        indicates, as accurately as possible, the nuclear weapons that 
        are known, or are believed, to exist according to nationality, 
        type, yield, and form of delivery, and an assessment of the 
        methods that are currently employed to identify, track, and 
        monitor nuclear weapons and their component materials;
            (2) an assessment of the risks associated with the 
        deployment, transfer, and storage of nuclear weapons deemed to 
        be attractive to terrorists, rogue states, and other state or 
        non-state actors on account of their size or portability, or on 
        account of their accessibility due to the manner of their 
        deployment or storage; and
            (3) recommendations for--
                    (A) mechanisms and procedures to improve security 
                and safeguards for the nuclear weapons deemed to be

[[Page 122 STAT. 4601]]

                attractive to terrorists, rogue states, and other state 
                or non-state actors;
                    (B) mechanisms and procedures to improve the ability 
                of the United States to identify, track, and monitor the 
                nuclear weapons deemed to be attractive to terrorists, 
                rogue states, and other state or non-state actors;
                    (C) mechanisms and procedures for implementing 
                transparent multilateral reductions in nuclear weapons 
                arsenals; and
                    (D) methods for consolidating, dismantling, and 
                disposing of the nuclear weapons in each country that 
                possesses, or is believed to possess, nuclear weapons, 
                including methods of monitoring and verifying 
                consolidation, dismantlement, and disposal.

    (c) Report.--
            (1) Report required.--Not <<NOTE: President.>> later than 
        one year after the date of the enactment of this Act, the 
        President shall submit to Congress a report on the findings and 
        recommendations of the review required under subsection (b).
            (2) Classification of report.--The report required under 
        paragraph (1) shall be submitted in unclassified form, but it 
        may be accompanied by a classified annex.
SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE WITH GUAM 
                          TAX AND LICENSING LAWS.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense, in consultation with the Secretary of the Navy 
and the Joint Guam Program Office, shall submit to the congressional 
defense committees a report on the steps that the Department of Defense 
is taking to ensure that contractors of the Department performing work 
on Guam comply with local tax and licensing requirements.
SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on detention operations at 
theater internment facilities in Iraq.
    (b) Elements.--The report required by subsection (a) shall include 
each of the following:
            (1) A detailed description of how counterinsurgency doctrine 
        has been incorporated at theater internment facilities in Iraq.
            (2) A detailed description of the policies and programs 
        instituted to prepare detainees for reintegration following 
        their release from detention in theater internment facilities in 
        Iraq.
            (3) A description and assessment of the effects of changes 
        in detention operations and reintegration programs at theater 
        internment facilities in Iraq during the period beginning on 
        January 1, 2007, and ending on the date of the completion of the 
        report, including changes in levels of violence within 
        internment facilities and in rates of recapture of detainees 
        released from detention in internment facilities.
            (4) A description of--
                    (A) the lessons learned regarding detention 
                operations in a counterinsurgency operation, an 
                assessment of how such lessons could be applied to 
                detention operations elsewhere (including in Afghanistan 
                and at Guantanamo Bay, Cuba); and

[[Page 122 STAT. 4602]]

                    (B) any efforts to integrate such lessons into 
                Department of Defense directives, joint doctrine, 
                mission rehearsal exercises for deploying forces, and 
                training for units involved in detention and 
                interrogation operations.

    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE 
                          DEPARTMENT OF DEFENSE AND THE 
                          INTELLIGENCE COMMUNITY.

    (a) In General.--The Secretary of Defense and the Director of 
National Intelligence shall conduct a joint review of the bandwidth 
capacity requirements of the Department of Defense and the intelligence 
community in the near term, mid term, and long term.
    (b) Elements.--The review required by subsection (a) shall include 
an assessment of the following:
            (1) The current bandwidth capacities and capabilities of the 
        Department of Defense and the intelligence community to 
        transport data, including Government and commercial ground 
        networks, airborne relays, and satellite systems.
            (2) The bandwidth capacities and capabilities anticipated to 
        be available to the Department of Defense and the intelligence 
        community to transport data in the near term, mid term, and long 
        term.
            (3) Innovative technologies available to the Department of 
        Defense and the intelligence community to increase data 
        transport capacity of existing bandwidth (such as compression 
        techniques or intelligent software agents) that can be applied 
        in the near term, mid term, and long term.
            (4) The bandwidth and data requirements of current major 
        operational systems of the Department of Defense and the 
        intelligence community, including an assessment of--
                    (A) whether such requirements are being 
                appropriately met by the bandwidth capacities and 
                capabilities described in paragraph (1); and
                    (B) the degree to which any such requirements are 
                not being met by such bandwidth capacities and 
                capabilities.
            (5) The anticipated bandwidth and data requirements of major 
        operational systems of the Department of Defense and the 
        intelligence community planned for each of the near term, mid 
        term, and long term, including an assessment of--
                    (A) whether such anticipated requirements will be 
                appropriately met by the bandwidth capacities and 
                capabilities described in paragraph (2); and
                    (B) the degree to which any such requirements are 
                not anticipated to be met by such bandwidth capacities 
                and capabilities.
            (6) Any mitigation concepts that could be used to satisfy 
        any unmet bandwidth and data requirements.
            (7) The costs of meeting the bandwidth and data requirements 
        described in paragraphs (4) and (5).
            (8) Any actions necessary to integrate or consolidate the 
        information networks of the Department of Defense and the 
        intelligence community.

[[Page 122 STAT. 4603]]

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense and the Director of National 
Intelligence shall jointly submit to the congressional defense 
committees, the Select Committee on Intelligence of the Senate, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives a report setting forth the results of the review 
required by subsection (a).
    (d) Formal Review <<NOTE: 10 USC 2366a note.>> Process for Bandwidth 
Requirements.--The Secretary of Defense and the Director of National 
Intelligence shall, as part of the Milestone B or Key Decision Point B 
approval process for any major defense acquisition program or major 
system acquisition program, establish a formal review process to ensure 
that--
            (1) the bandwidth requirements needed to support such 
        program are or will be met; and
            (2) a determination will be made with respect to how to meet 
        the bandwidth requirements for such program.

    (e) Definitions.--In this section:
            (1) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (2) Long term.--The term ``long term'' means the five-year 
        period beginning on the date that is 10 years after the date of 
        the enactment of this Act.
            (3) Mid term.--The term ``mid term'' means the five-year 
        period beginning on the date that is five years after the date 
        of the enactment of this Act.
            (4) Near term.--The term ``near term'' means the five-year 
        period beginning on the date of the enactment of this Act.
SEC. 1048. REVIEW OF FINDINGS AND RECOMMENDATIONS APPLICABLE TO 
                          THE DEPARTMENT OF DEFENSE REGARDING 
                          ELECTROMAGNETIC PULSE ATTACK.

    (a) Review.--The Secretary of Defense shall conduct a review of the 
findings and recommendations applicable to the Department of Defense 
made in the reports of the Commission to Assess the Threat to the United 
States from Electromagnetic Pulse Attack established under title XIV of 
the Floyd D. Spence National Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106-398; 114 Stat. 165A-345).
    (b) Reports.--
            (1) In general.--The Secretary shall submit to the 
        congressional defense committees a report on the review required 
        by subsection (a) that shall include the following:
                    (A) A description of the findings and 
                recommendations described in that subsection that are 
                applicable to the Department of Defense.
                    (B) A plan for addressing the applicable findings 
                and implementing the applicable recommendations to the 
                extent practicable and feasible.
                    (C) If the Secretary determines that it is not 
                practicable or feasible to address an applicable finding 
                or implement an applicable recommendation, an 
                explanation clearly explaining each such determination.

[[Page 122 STAT. 4604]]

                    (D) A description of the capabilities of the 
                Department of Defense needed to protect and recover from 
                an electromagnetic pulse attack.
                    (E) Any research and development needed to address 
                any applicable finding or recommendation to enable the 
                Department of Defense to implement such recommendations 
                in the future.
                    (F) A description of the plans and programs that the 
                Department of Defense has in place or plans to put in 
                place to address the threat from electromagnetic pulse 
                attack.
                    (G) A description of the organizational and 
                management structure that the Department of Defense has 
                in place or plans to have in place to address the threat 
                from an electromagnetic pulse attack.
                    (H) A description of any impediments to implementing 
                any applicable recommendations.
            (2) Submittal dates.--The report required by paragraph (1) 
        shall be submitted not later than September 1 of each odd 
        numbered year beginning in 2009 and ending in 2015.
            (3) Form of report.--The report required by paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.

                        Subtitle F--Other Matters

SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS OF 
                          INFORMATION REGARDING INFORMATION 
                          TECHNOLOGY CAPITAL ASSETS.

    Section 351 of the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2516; 10 U.S.C. 221 
note) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraph (2) as paragraph (1);
                    (C) in paragraph (1), as so redesignated, by 
                striking ``and an estimated total life cycle cost'' and 
                inserting ``or an estimated total cost''; and
                    (D) by adding at the end the following new paragraph 
                (2):
            ``(2) Information technology capital assets not covered by 
        paragraph (1) that have been determined by the Chief Information 
        Officer of the Department of Defense to be significant 
        investments.'';
            (2) by striking subsection (b);
            (3) by redesignating subsection (c) as subsection (b);
            (4) in subsection (b), as so redesignated, by striking 
        ``subsection (a)(2)'' and inserting ``subsection (a)(1)'';
            (5) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) Required Information for Significant Investments.--With 
respect to each information technology capital asset not covered by 
paragraph (1) of subsection (a), but covered by paragraph (2) of that 
subsection, the Secretary of Defense shall include such information in a 
format that is appropriate to the current status of such asset.''; and

[[Page 122 STAT. 4605]]

            (6) in subsection (d), by striking ``life cycle''.
SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION ON 
                          ENEMY PRISONERS OF WAR, RETAINED 
                          PERSONNEL, CIVILIAN INTERNEES, AND OTHER 
                          DETAINEES.

    (a) Submission to Congress.--A successor regulation to Army 
Regulation 190-8 Enemy Prisoners of War, Retained Personnel, Civilian 
Internees and Other Detainees (dated October 1, 1997) may not be carried 
out or implemented until the date that is 60 days after the date on 
which the Secretary of Defense submits to the Committees on Armed 
Services of the Senate and House of Representatives such successor 
regulation.
    (b) Savings Clause.--Nothing in this section shall affect the 
continued effectiveness of Army Regulation 190-8 Enemy Prisoners of War, 
Retained Personnel, Civilian Internees and Other Detainees (dated 
October 1, 1997).
SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY.

    (a) Project Modification.--The project for hurricane and storm 
damage reduction, Barnegat Inlet to Little Egg Inlet, New Jersey, 
authorized by section 101(a)(1) of the Water Resources Development Act 
of 2000 (114 Stat. 2576), is modified to authorize the Secretary of the 
Army to undertake, at Federal expense, such measures as the Secretary 
determines to be necessary and appropriate in the public interest to 
address the handling of munitions placed on the beach during 
construction of the project before the date of enactment of this 
section.
    (b) Treatment of Costs.--Costs incurred in carrying out subsection 
(a) shall not be considered to be a cost of constructing the project.
    (c) Credit.--The Secretary shall credit, in accordance with section 
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), toward the 
non-Federal share of the cost of the project the costs incurred by the 
non-Federal interest with respect to the removal and handling of the 
munitions referred to in subsection (a).
    (d) Eligible Activities.--Measures authorized by subsection (a) 
include monitoring, removal, and disposal of the munitions referred to 
in subsection (a).
SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINATION AMONG 
                          THE DEPARTMENT OF DEFENSE, THE 
                          DEPARTMENT OF STATE, AND THE UNITED 
                          STATES AGENCY FOR INTERNATIONAL 
                          DEVELOPMENT ON MATTERS OF NATIONAL 
                          SECURITY.

    (a) Establishment of Advisory Panel.--The Secretary of Defense, the 
Secretary of State, and the Administrator of the United States Agency 
for International Development (USAID) may jointly establish an advisory 
panel to advise, review, and make recommendations on ways to improve 
coordination among the Department of Defense, the Department of State, 
and the United States Agency for International Development on matters 
relating to national security, including reviewing their respective 
roles and responsibilities.
    (b) Membership.--
            (1) Composition.--The advisory panel shall be composed of 12 
        members, of whom--

[[Page 122 STAT. 4606]]

                    (A) three shall be appointed by the Secretary of 
                Defense, in consultation with the Secretary of State and 
                the Administrator;
                    (B) three shall be appointed by the Secretary of 
                Defense, with the advice of the Chairman of the Joint 
                Chiefs of Staff, and in consultation with the Secretary 
                of State and the Administrator;
                    (C) three shall be appointed by the Secretary of 
                State, in consultation with the Secretary of Defense and 
                the Administrator; and
                    (D) three shall be appointed by the Administrator, 
                in consultation with the Secretary of Defense and the 
                Secretary of State.
            (2) Chairman.--The Secretary of Defense, the Secretary of 
        State, and the Administrator shall jointly designate one member 
        as chairman.
            (3) Vice chairman.--The Secretary of Defense, the Secretary 
        of State, and the Administrator shall jointly designate one 
        member as vice chairman. The vice chairman may not be a member 
        appointed to the advisory panel under paragraph (1) by the same 
        Secretary or Administrator who appointed the member under such 
        paragraph who is designated as the chairman under paragraph (2).
            (4) Expertise.--Members of the advisory panel shall be 
        private citizens of the United States with national recognition 
        and significant experience in the Federal Government, the Armed 
        Forces, public administration, foreign affairs, or development.
            (5) Deadline for appointment.--All members of the advisory 
        panel should be appointed not earlier than January 20, 2009, and 
        not later than March 20, 2009.
            (6) Terms.--The term of each member of the advisory panel is 
        for the life of the advisory panel.
            (7) Vacancies.--A <<NOTE: Deadline.>> vacancy in the 
        advisory panel shall be filled not later than 30 days after such 
        vacancy occurs and in the manner in which the original 
        appointment was made.
            (8) Security clearances.--The appropriate departments or 
        agencies of the Federal Government shall cooperate with the 
        advisory panel in expeditiously providing to the members and 
        staff of the advisory panel appropriate security clearances to 
        the extent possible pursuant to existing procedures and 
        requirements, except that no person shall be provided with 
        access to classified information under this section without the 
        appropriate security clearances.
            (9) Status.--A member of the advisory panel who is not 
        otherwise employed by the Federal Government shall not be 
        considered to be a Federal employee, except for the purposes of 
        chapter 81 of title 5, United States Code, and chapter 171 of 
        title 28, United States Code.
            (10) Expenses.--The members of the advisory panel shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies under 
        subchapter I of chapter 57 of title 5, while away from their 
        homes or regular places of business in the performance of 
        services for the advisory panel.

    (c) Meetings and Procedures.--

[[Page 122 STAT. 4607]]

            (1) Initial <<NOTE: Deadline.>> meeting.--The advisory panel 
        shall conduct its first meeting not later than 30 days after the 
        date that all appointments to the advisory panel have been made 
        under subsection (b).
            (2) Meetings.--The advisory panel shall meet not less often 
        than once every three months. The advisory panel may also meet 
        at the call of the Secretary of Defense, the Secretary of State, 
        or the Administrator.
            (3) Procedures.--The advisory panel shall carry out its 
        duties under procedures established under subsection (d).

    (d) Support of Federally Funded Research and Development Center.--
If <<NOTE: Deadline. Contracts.>> the advisory panel is established 
under subsection (a), the Secretary of Defense, in consultation with the 
Secretary of State and the Administrator, shall, not later than 60 days 
after the date of the final appointment of the members of the advisory 
panel pursuant to subsection (b)(5), enter into a contract with a 
federally funded research and development center for the provision of 
administrative and logistical support and assistance to the advisory 
panel in carrying out its duties under this section. Such support and 
assistance shall include the establishment of the procedures of the 
advisory panel.

    (e) Duties of Panel.--The advisory panel shall--
            (1) analyze the roles and responsibilities of the Department 
        of Defense, the Department of State, and the USAID regarding--
                    (A) stability operations;
                    (B) foreign assistance (including security 
                assistance); and
                    (C) other areas the Secretary of Defense, the 
                Secretary of State, and the Administrator jointly agree 
                are appropriate;
            (2) review--
                    (A) the structures and systems that coordinate 
                policy-making;
                    (B) the national security-related roles and 
                responsibilities of the Department of Defense, the 
                Department of State, USAID, and, as appropriate, other 
                relevant agencies to ensure effective coordination;
                    (C) the efforts of the Department of Defense, the 
                Department of State, USAID, and such other relevant 
                agencies to ensure that lessons learned and expertise 
                that is developed in carrying out programs related to 
                national security are shared among the departments and 
                agencies of the Federal Government, as appropriate; and
                    (D) the coordination of activities conducted abroad 
                and carried out by personnel of the Department of 
                Defense, Department of State, USAID, and such other 
                relevant agencies; and
            (3) provide advice and make recommendations for otherwise 
        improving coordination between and among the Department of 
        Defense, the Department of State and USAID on matters of 
        national security.

    (f) Cooperation of Other Agencies.--Upon request by the advisory 
panel, any department or agency of the Federal Government shall provide 
information that the advisory panel considers necessary to carry out its 
duties.
    (g) Reports.--

[[Page 122 STAT. 4608]]

            (1) Interim report.--Not later than 180 days after the first 
        meeting of the advisory panel, the advisory panel shall submit 
        to the Secretary of Defense, the Secretary of State, and the 
        Administrator a report that identifies--
                    (A) aspects of the interagency structure and 
                processes relating to matters of national security that 
                should take priority in any effort to improve the 
                coordination among the Department of Defense, the 
                Department of State, and USAID; and
                    (B) methods to better coordinate the interagency 
                structure and processes relating to matters of national 
                security.
            (2) Annual reports.--Not later than December 31 of the year 
        in which the interim report is submitted under paragraph (1), 
        the advisory panel shall submit to the Secretary of Defense, the 
        Secretary of State, and the Administrator a report on--
                    (A) the activities of the advisory panel;
                    (B) any deficiencies relating to coordination among 
                the Department of Defense, Department of States and 
                USAID and other relevant agencies on matters of national 
                security;
                    (C) any improvements made during the period covered 
                by the report to the coordination among the Department 
                of Defense, the Department of State, USAID, and other 
                relevant agencies on matters of national security;
                    (D) methods to better coordinate the interagency 
                structure and processes among the Department of Defense, 
                the Department of State, USAID, and other relevant 
                agencies on matters relating to national security; and
                    (E) such findings, conclusions, and recommendations 
                as the advisory panel considers appropriate.
            (3) Submission of report to congress.--The Secretary of 
        Defense, the Secretary of State, and the Administrator shall 
        submit to the appropriate congressional committees the reports 
        required under this subsection and any additional information 
        considered appropriate.
            (4) Congressional briefings.--Not <<NOTE: Deadline.>> later 
        than 30 days after the submission of each report required under 
        this subsection, the members of the advisory panel shall make 
        themselves available to meet with the appropriate congressional 
        committees to brief such committees on the matters contained in 
        the report.
            (5) Appropriate committees.--For the purposes of this 
        subsection, the appropriate congressional committees are the 
        following:
                    (A) The Committees on Foreign Affairs, Armed 
                Services, and Appropriations of the House of 
                Representatives.
                    (B) The Committees on Foreign Relations, Armed 
                Services, and Appropriations of the Senate.

    (h) Termination of Advisory Panel.--The advisory panel shall 
terminate on December 31, 2012.
    (i) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the United States Agency for International 
        Development.
            (2) Stability operations.--The term ``stability operations'' 
        means stability and reconstruction operations conducted by 
        departments or agencies of the Federal Government described by 
        Department of Defense Directive 3000.05, National Security

[[Page 122 STAT. 4609]]

        Presidential Directive 1, or National Security Presidential 
        Directive 44.
            (3) Federal agency.--The term ``Federal agency'' means any 
        entity included in chapter 1 of title 5, United States code.
SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC DIPLOMACY 
                          ACTIVITIES OF THE FEDERAL GOVERNMENT.

    (a) Report by President.--
            (1) Initial report.--Not later than December 31, 2009, the 
        President shall submit to the appropriate committees of Congress 
        a report on a comprehensive interagency strategy for public 
        diplomacy and strategic communication of the Federal Government, 
        including benchmarks and a timetable for achieving such 
        benchmarks.
            (2) Elements of report.--The report required under paragraph 
        (1) shall include the following elements:
                    (A) Strategy.--A comprehensive interagency strategy, 
                which shall include the following:
                          (i) Prioritizing the mission of supporting 
                      specific foreign policy objectives, such as 
                      counterterrorism and efforts to combat extremist 
                      ideology, in parallel and in complement with, as 
                      appropriate, the broad mission of communicating 
                      the policies and values of the United States to 
                      foreign audiences.
                          (ii) Consolidating and elevating, as 
                      appropriate, Federal Government leadership to 
                      prioritize, manage, and implement the strategy 
                      required by this subsection, including 
                      consideration of whether to establish strategic 
                      communication and public diplomacy positions at 
                      the National Security Council and to establish a 
                      single office to coordinate strategic 
                      communication and public diplomacy efforts.
                          (iii) Improving coordination across 
                      departments and agencies of the Federal Government 
                      on strategic communications and public diplomacy.
                          (iv) Consideration of whether resources 
                      devoted to strategic communication and public 
                      diplomacy efforts should be increased.
                    (B) Study.--A study of whether to establish an 
                independent, not-for-profit organization responsible for 
                providing independent assessment and strategic guidance 
                to the Federal Government on strategic communication and 
                public diplomacy, as recommended by the Task Force on 
                Strategic Communication of the Defense Science Board.
                    (C) Roles of departments or agencies of the federal 
                government.--A description of the respective roles of 
                the National Security Council, the Department of 
                Defense, and the Department of State regarding strategic 
                communication and public diplomacy, including--
                          (i) a description of the roles of the offices 
                      within the National Security Council, the 
                      Department of Defense, and the Department of State 
                      engaged in message outreach to audiences abroad; 
                      and
                          (ii) an explanation of how the National 
                      Security Council, the Department of Defense, and 
                      the Department of State coordinate strategic 
                      communication and public diplomacy activities.

[[Page 122 STAT. 4610]]

            (3) Subsequent report.--Two years after the submission of 
        the initial report under paragraph (1), the President shall 
        submit to the appropriate committees of Congress a report on--
                    (A) the status of the implementation of the 
                strategy;
                    (B) progress toward achievement of benchmarks; and
                    (C) any changes to the strategy since the submission 
                of the initial report.

    (b) Report by Secretary of Defense.--Not later than December 31, 
2009, the Secretary of Defense shall review, and submit to the 
congressional defense committees a report on, the organizational 
structure within the Department of Defense for advising the Secretary on 
the direction and priorities for strategic communication activities, 
including an assessment of the option of establishing a board, composed 
of representatives from among the organizations within the Department 
responsible for strategic communications, public diplomacy, and public 
affairs, and including advisory members from the broader interagency 
community as appropriate, for purposes of--
            (1) providing strategic direction for Department of Defense 
        efforts related to strategic communications and public 
        diplomacy; and
            (2) setting priorities for the Department of Defense in the 
        areas of strategic communications and public diplomacy.

    (c) Form and Availability of Reports.--
            (1) Form.--The reports required by this section may be 
        submitted in a classified form.
            (2) Availability.--Any unclassified portions of the reports 
        required by this section shall be made available to the public.

    (d) Appropriate Committees.--For the purposes of this section, the 
appropriate committees of Congress are the following:
            (1) The Committees on Foreign Relations, Armed Services, and 
        Appropriations of the Senate.
            (2) The Committees on Foreign Affairs, Armed Services, and 
        Appropriations of the House of Representatives.
SEC. 1056. <<NOTE: 10 USC 2241 note.>> PROHIBITIONS RELATING TO 
                          PROPAGANDA.

    (a) Prohibition.--No part of any funds authorized to be appropriated 
in this or any other Act shall be used by the Department of Defense for 
publicity or propaganda purposes within the United States not otherwise 
specifically authorized by law.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Inspector General of the Department of Defense shall 
submit to Congress a report on the findings of their project number 
D2008-DIPOEF-0209.000, entitled ``Examination of Allegations Involving 
DoD Office of Public Affairs Outreach Program''.
    (c) Legal Opinion.--Not <<NOTE: Deadline.>> later than 120 days 
after the date of the enactment of this Act, the Comptroller General of 
the United States shall issue a legal opinion to Congress on whether the 
Department of Defense violated appropriations prohibitions on publicity 
or propaganda activities established in Public Laws 107-117, 107-248, 
108-87, 108-287, 109-148, 109-289, and 110-116, the Department of 
Defense Appropriations Acts for fiscal years 2002 through 2008, 
respectively, by offering special access to prominent persons in the 
private sector who serve as media analysts, including briefings and 
information on war efforts, meetings with

[[Page 122 STAT. 4611]]

high level government officials, and trips to Iraq and Guantanamo Bay, 
Cuba.

    (d) Rule of Construction Related to Intelligence Activities.--
Nothing in this section shall be construed to apply to any lawful and 
authorized intelligence activity of the United States Government.
SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES BY 
                          CONTRACTOR PERSONNEL.

    It is the sense of Congress that--
            (1) the interrogation of enemy prisoners of war, civilian 
        internees, retained persons, other detainees, terrorists, and 
        criminals when captured, transferred, confined, or detained 
        during or in the aftermath of hostilities is an inherently 
        governmental function and cannot appropriately be transferred to 
        private sector contractors;
            (2) not later than one year after the date of the enactment 
        of this Act, the Secretary of Defense should develop the 
        resources needed to ensure that interrogations described in 
        paragraph (1) can be conducted by government personnel and not 
        by private sector contractors; and
            (3) properly trained and cleared contractors may 
        appropriately be used as linguists, interpreters, report 
        writers, information technology technicians, and other employees 
        filling ancillary positions, if the private sector contractors 
        are subject to the same rules, procedures, policies, and laws 
        pertaining to detainee operations and interrogations that govern 
        the execution of these positions by government personnel.
SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR 
                          OTHERWISE ELECTRONICALLY RECORDING 
                          STRATEGIC INTELLIGENCE INTERROGATIONS OF 
                          PERSONS IN THE CUSTODY OF OR UNDER THE 
                          EFFECTIVE CONTROL OF THE DEPARTMENT OF 
                          DEFENSE.

    (a) In General.--It is the sense of Congress that the Secretary of 
Defense should take such actions as are necessary to ensure that each 
strategic intelligence interrogation of any person who is in the custody 
or under the effective control of the Department of Defense or under 
detention in a Department of Defense facility is videotaped or otherwise 
electronically recorded.
    (b) Strategic Intelligence Interrogation Defined.--For purposes of 
this section, the term ``strategic intelligence interrogation'' means an 
interrogation of a person described in subsection (a) conducted at a 
theater-level detention facility.
SEC. 1059. <<NOTE: 10 USC 113 note.>> MODIFICATION OF DEADLINES 
                          FOR STANDARDS REQUIRED FOR ENTRY TO 
                          MILITARY INSTALLATIONS IN THE UNITED 
                          STATES.

    Section 1069(c) of the National Defense Authorization Act of Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 327) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``July 1, 2008'' and inserting 
                ``February 1, 2009''; and
                    (B) by striking ``January 1, 2009'' and inserting 
                ``October 1, 2010''; and
            (2) in paragraph (2), by striking ``implemented'' and 
        inserting ``developed''.

[[Page 122 STAT. 4612]]

SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL COMMISSION 
                          ON THE STRATEGIC POSTURE OF THE UNITED 
                          STATES.

    (a) Extension of Dates.--Section 1062 of the National Defense 
Authorization Act for Fiscal Year <<NOTE: Ante, p. 319.>> 2008 (Public 
Law 110-181) is amended--
            (1) in subsection (e), by striking ``December 1, 2008'' and 
        inserting ``April 1, 2009''; and
            (2) in subsection (g), by striking ``June 1, 2009'' and 
        inserting ``September 30, 2009''.

    (b) Interim Report.--Not later than December 1, 2008, the 
Congressional Commission on the Strategic Posture of the United States 
shall submit to the President, the Secretary of Defense, the Secretary 
of Energy, the Secretary of State, the Committee on Armed Services of 
the Senate, and the Committee on Armed Services of the House of 
Representatives an interim report on the commission's initial findings, 
conclusions, and recommendations. To the extent practicable, the interim 
report shall address the matters required to be included in the report 
under subsection (e) of such section 1062.
SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
            (1) The table of sections at the beginning of chapter 2 is 
        amended by inserting after the item relating to 118a the 
        following new item:

``118b. Quadrennial roles and missions review.''.

            (2) The table of sections at the beginning of chapter 5 is 
        amended in the item relating to section 156 by inserting a 
        period at the end.
            (3) The table of sections at the beginning of chapter 7 is 
        amended in the item relating to section 183 by inserting a 
        period at the end.
            (4) Section 1477(e) is amended by inserting a period at the 
        end.
            (5) Section 2192a is amended--
                    (A) in subsection (e)(4), by striking ``title 11, 
                United States Code,'' and inserting ``title 11''; and
                    (B) in subsection (f), by striking ``title 10, 
                United States Code'' and inserting ``this title''.
            (6) The table of chapters at the beginning of subtitle C, 
        and the table of chapters at the beginning of part IV of such 
        subtitle, are each amended by striking the item relating to 
        chapter 667 and inserting the following new item:

``667. Issue of Serviceable Material Other Than to Armed Forces..7911''.

    (b) National Defense Authorization Act for Fiscal Year 2008.--
Effective <<NOTE: Effective date.>> as of January 28, 2008, and as if 
included therein as enacted, the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181) is amended as follows:
            (1) Section 371(c) (122 Stat. 80) is amended by striking `` 
        `operational strategies' '' and inserting `` `operational 
        systems' ''.
            (2) Section 585(b)(3)(C) (122 Stat. 132) is amended by 
        inserting ``both places it appears'' before the period at the 
        end.

[[Page 122 STAT. 4613]]

            (3) Section 703(b) (122 Stat. 103) is amended by striking 
        ``as amended by'' and inserting ``as inserted by''.
            (4) Section 805(a) (122 Stat. 212) is amended by striking 
        ``Act ,'' and inserting ``Act,''.
            (5) Section 883(b) (122 Stat. 264) is amended by striking 
        ``Section 832(c)(1) of such Act, as redesignated by subsection 
        (a), is amend by'' and inserting ``Section 832(b)(1) of such Act 
        is amended by''.
            (6) Section 890(d)(2) (122 Stat. 270) is amended by striking 
        ``sections'' and inserting ``parts''.
            (7) Section 904(a)(4) (122 Stat. 274) is amended by striking 
        ``131(b)(2)'' and inserting ``131(b)''.
            (8) Section 954(a)(3)(B) (122 Stat. 294) is amended by 
        inserting ``, as redesignated by section 524(a)(1)(A),'' after 
        ``of such title''.
            (9) Section 954(b)(2) (122 Stat. 294) is amended--
                    (A) by striking ``2114(e) of such title'' and 
                inserting ``2114(f) of such title, as redesignated by 
                section 524(a)(1)(A),''; and
                    (B) by striking the period at the end and inserting 
                ``and inserting `President'.''.
            (10) Section 1063(d)(1) (122 Stat. 323) is amended by 
        striking ``a semicolon after `subsection' '' and inserting ``a 
        comma after `subsection' ''.
            (11) Section 1229(i)(3) (122 Stat. 383) is amended by 
        striking ``publically'' and inserting ``publicly''.
            (12) Section 1422(e)(2) (122 Stat. 422) is amended by 
        striking ``subsection (c)'' and inserting ``subsection (c)(1)''.
            (13) Section 1602(4) (122 Stat. 432) is amended by striking 
        ``section 411 h(b)'' and inserting ``section 411h(b)(1)''.
            (14) Section 1617(b) (122 Stat. 449) is amended by striking 
        ``by adding at the end'' and inserting ``by inserting after the 
        item relating to section 1074k''.
            (15) Section 2106 (122 Stat. 508) is amended by striking 
        ``for 2007'' both places it appears and inserting ``for Fiscal 
        Year 2007''.
            (16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by 
        striking `` `Secretary of the Army' '' and inserting `` 
        `Secretary of Army' ''.

    (c) Title 31, United States Code.--Title 31, United States Code, is 
amended as follows:
            (1) Chapter 35 is amended by striking the first section 
        3557.
            (2) The second section 3557 is amended in the section 
        heading by striking ``Public-Private'' and inserting ``public-
        private''.
            (3) The table of sections at the beginning of chapter 35 is 
        amended by striking the second item relating to section 3557.

    (d) Title 28, United States Code.--Section 1491(b) of title 28, 
United States Code, is amended by striking the first paragraph (5).
    (e) Ronald W. Reagan National Defense Authorization Act for Fiscal 
Year 2005.--Section 721(e) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
1988; 10 U.S.C. 1092 note) is

[[Page 122 STAT. 4614]]

amended by striking ``fiscal years 2005'' and all that follows through 
``2010'' and inserting ``fiscal years 2005 through 2010''.
SEC. 1062. <<NOTE: 50 USC 2370.>> NOTIFICATION OF COMMITTEES ON 
                          ARMED SERVICES WITH RESPECT TO CERTAIN 
                          NONPROLIFERATION AND PROLIFERATION 
                          ACTIVITIES.

    (a) Notification With Respect to Nonproliferation Activities.--The 
Secretary of Defense, the Secretary of Energy, the Secretary of 
Commerce, the Secretary of State, and the Nuclear Regulatory Commission 
shall keep the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives informed 
with respect to--
            (1) any activities undertaken by any such Secretary or the 
        Commission to carry out the purposes and policies of the 
        Secretaries and the Commission with respect to nonproliferation 
        programs; and
            (2) any other activities undertaken by any such Secretary or 
        the Commission to prevent the proliferation of nuclear, 
        chemical, or biological weapons or the means of delivery of such 
        weapons.

    (b) Notification With Respect to Proliferation Activities in Foreign 
Nations.--
            (1) In general.--The Director of National Intelligence shall 
        keep the Committee on Armed Services of the Senate and the 
        Committee on Armed Services of the House of Representatives 
        fully and currently informed with respect to any activities of 
        foreign nations that are significant with respect to the 
        proliferation of nuclear, chemical, or biological weapons or the 
        means of delivery of such weapons.
            (2) Fully and currently informed defined.--For purposes of 
        paragraph (1), the term ``fully and currently informed'' means 
        the transmittal of credible information with respect to an 
        activity described in such paragraph not later than 60 days 
        after becoming aware of the activity.
SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED CENTER 
                          FOR NORTH AMERICAN AEROSPACE DEFENSE 
                          COMMAND AND UNITED STATES NORTHERN 
                          COMMAND.

    (a) Assessment Required.--The Secretary of Defense shall conduct an 
assessment of the adequacy of security measures for the consolidated 
command center for North American Aerospace Defense Command and United 
States Northern Command at Peterson Air Force Base, Colorado.
    (b) Elements.--The assessment required in paragraph (a) shall 
include the following:
            (1) A description of the security measures taken and planned 
        for the consolidated command center as of October 1, 2008.
            (2) An assessment of whether existing and planned security 
        measures for the consolidated command center are adequate to 
        provide the necessary level of protection.
            (3) An estimate of the total costs associated with such 
        security measures adequate to provide the necessary level of 
        protection.

    (c) Report Required.--Not later than March 1, 2009, the Secretary of 
Defense shall submit to the congressional defense committees a report 
containing the results of the assessment required in subsection (a).

[[Page 122 STAT. 4615]]

    (d) Additional <<NOTE: Certification.>> Requirement.--The Secretary 
of Defense shall ensure that redundant facilities and equipment, along 
with the appropriate manning necessary to ensure the continuity of 
operations, are maintained at Cheyenne Mountain Air Force Station until 
the Secretary certifies that security measures have been instituted that 
bring the consolidated command center for North American Aerospace 
Defense Command and United States Northern Command into full compliance 
with Protection Level One requirements, as defined by Air Force 
Instruction 31-101, dated March 1, 2007.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Authority to waive annual limitation on premium pay and 
           aggregate limitation on pay for Federal civilian   employees 
           working overseas.
Sec. 1102. Temporary discretionary authority to grant allowances, 
           benefits, and gratuities to personnel on official duty in a 
           combat zone.
Sec. 1103. Election of insurance coverage by Federal civilian employees 
           deployed in support of a contingency operation.
Sec. 1104. Extension of authority to make lump-sum severance payments.
Sec. 1105. Extension of voluntary reduction-in-force authority of 
           Department of Defense.
Sec. 1106. Enhancement of authorities relating to additional positions 
           under the national security personnel system.
Sec. 1107. Expedited hiring authority for health care professionals.
Sec. 1108. Direct hire authority at personnel demonstration laboratories 
           for certain candidates.
Sec. 1109. Status reports relating to laboratory personnel demonstration 
           projects.
Sec. 1110. Technical amendment relating to definition of professional 
           accounting position for purposes of certification and 
           credentialing standards.
Sec. 1111. Exceptions and adjustments to limitations on personnel and 
           reports on such exceptions and adjustments.

SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND 
                          AGGREGATE LIMITATION ON PAY FOR FEDERAL 
                          CIVILIAN   EMPLOYEES WORKING OVERSEAS.

    (a) Waiver Authority.--During calendar year 2009, and 
notwithstanding section 5547 of title 5, United States Code, the head of 
an Executive agency may waive the premium pay limitations established in 
that section up to the annual rate of salary payable to the Vice 
President under section 104 of title 3, United States Code, for an 
employee who performs work while in an overseas location that is in the 
area of responsibility of the Commander of the United States Central 
Command, or an overseas location that was formerly in the area of 
responsibility of the Commander of the United States Central Command but 
has been moved to the area of responsibility of the Commander of the 
United States Africa Command, in direct support of, or directly related 
to--
            (1) a military operation, including a contingency operation; 
        or
            (2) an operation in response to a national emergency 
        declared by the President.

    (b) Applicability of Aggregate Limitation on Pay.--Section 5307 of 
title 5, United States Code, shall not apply to any employee in any 
calendar year in which that employee is granted a waiver under 
subsection (a).
    (c) Additional Pay Not Considered Basic Pay.--To the extent that a 
waiver under subsection (a) results in payment of additional premium pay 
of a type that is normally creditable as

[[Page 122 STAT. 4616]]

basic pay for retirement or any other purpose, such additional pay shall 
not be considered to be basic pay for any purpose, nor shall it be used 
in computing a lump-sum payment for accumulated and accrued annual leave 
under section 5551 of title 5, United States Code.
    (d) Regulations.--The Director of the Office of Personnel Management 
may issue regulations to ensure appropriate consistency among heads of 
executive agencies in the exercise of authority granted by this section.
SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES, 
                          BENEFITS, AND GRATUITIES TO PERSONNEL ON 
                          OFFICIAL DUTY IN A COMBAT ZONE.

    (a) In General.--Section 1603(a) of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109-234; 120 Stat. 443) is amended--
            (1) by striking ``During fiscal years 2006, 2007, and 2008'' 
        and inserting ``(1) During fiscal years 2006 (including the 
        period beginning on October 1, 2005, and ending on June 15, 
        2006), 2007, and 2008''; and
            (2) by adding at the end the following:

    ``(2) During fiscal years 2009, 2010, and 2011, the head of an 
agency may, in the agency head's discretion, provide to an individual 
employed by, or assigned or detailed to, such agency allowances, 
benefits, and gratuities comparable to those provided by the Secretary 
of State to members of the Foreign Service under section 413 and chapter 
9 of title I of the Foreign Service Act of 1980, if such individual is 
on official duty in a combat zone (as defined by section 112(c) of the 
Internal Revenue Code of 1986).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the Emergency 
Supplemental Appropriations Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 2006 (Public Law 109-234).
SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN 
                          EMPLOYEES DEPLOYED IN SUPPORT OF A 
                          CONTINGENCY OPERATION.

    (a) Automatic Coverage.--Section 8702(c) of title 5, United States 
Code, is amended--
            (1) by inserting ``an employee who is deployed in support of 
        a contingency operation (as that term is defined in section 
        101(a)(13) of title 10) or'' after ``subsection (b),''; and
            (2) by striking ``the date of the'' and inserting ``the date 
        of notification of deployment or''.

    (b) Optional Insurance.--Section 8714a(b) of such title is amended--
            (1) by designating the text as paragraph (2); and
            (2) by inserting before paragraph (2), as so designated, the 
        following new paragraph (1):

    ``(1) An <<NOTE: Deadline.>> employee who is deployed in support of 
a contingency operation (as that term is defined in section 101(a)(13) 
of title 10) or an employee of the Department of Defense who is 
designated as emergency essential under section 1580 of title 10 shall 
be insured under the policy of insurance under this section if the 
employee, within 60 days after the date of notification of deployment or 
designation, elects to be insured under the policy of insurance. An 
election under this paragraph shall be effective when provided

[[Page 122 STAT. 4617]]

to the Office in writing, in the form prescribed by the Office, within 
such 60-day period.''.

    (c) Additional Optional Life Insurance.--Section 8714b(b) of such 
title is amended--
            (1) by designating the text as paragraph (2); and
            (2) by inserting before paragraph (2), as so designated, the 
        following new paragraph (1):

    ``(1) <<NOTE: Deadline.>> An employee who is deployed in support of 
a contingency operation (as that term is defined in section 101(a)(13) 
of title 10) or an employee of the Department of Defense who is 
designated as emergency essential under section 1580 of title 10 shall 
be insured under the policy of insurance under this section if the 
employee, within 60 days after the date of notification of deployment or 
designation, elects to be insured under the policy of insurance. An 
election under this paragraph shall be effective when provided to the 
Office in writing, in the form prescribed by the Office, within such 60-
day period.''.
SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVERANCE 
                          PAYMENTS.

    Section 5595(i)(4) of title 5, United States Code, is amended by 
striking ``October 1, 2010'' and inserting ``October 1, 2014''.
SEC. 1105. EXTENSION OF VOLUNTARY REDUCTION-IN-FORCE AUTHORITY OF 
                          DEPARTMENT OF DEFENSE.

    Section 3502(f)(5) of title 5, United States Code, is amended by 
striking ``September 30, 2010'' and inserting ``September 30, 2014''.
SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDITIONAL 
                          POSITIONS UNDER THE NATIONAL SECURITY 
                          PERSONNEL SYSTEM.

    Section 9902(i) of title 5, United States Code, is amended--
            (1) in paragraph (1), by striking ``the requirements of 
        chapter 71 and the limitations in subsection (b)(3)'' and 
        inserting ``the requirements and limitations in paragraph (3)''; 
        and
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``, in a manner comparable to that in which such 
        provisions are applied under chapter 33.
            ``(3) Any action taken by the Secretary pursuant to the 
        authority of this subsection shall be subject to--
                    ``(A) the requirements of chapter 71; and
                    ``(B) <<NOTE: Waiver authority.>> the limitations in 
                subsection (b)(3), except that the requirements of 
                chapter 33 may be waived to the extent necessary to 
                achieve the purposes of this subsection.''.
SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE 
                          PROFESSIONALS.

    (a) Expedited Hiring Authority.--Section 1599c(a) of title 10, 
United States Code, is amended--
            (1) by inserting ``(1)'' before ``The Secretary of Defense 
        may''; and
            (2) by adding at the end the following new paragraph:

    ``(2)(A) For purposes of sections 3304, 5333, and 5753 of title 5, 
the Secretary of Defense may--

[[Page 122 STAT. 4618]]

            ``(i) designate any category of medical or health 
        professional positions within the Department of Defense as 
        shortage category positions; and
            ``(ii) utilize the authorities in such sections to recruit 
        and appoint highly qualified persons directly to positions so 
        designated.

    ``(B) <<NOTE: Applicability.>> In using the authority provided by 
this paragraph, the Secretary shall apply the principles of preference 
for the hiring of veterans and other persons established in subchapter 1 
of chapter 33 of title 5.''.

    (b) Termination of Authority.--Section 1599c(c) of such title is 
amended--
            (1) by inserting ``(1)'' before ``The authority of'';
            (2) by striking ``September 30, 2010'' and inserting 
        ``September 30, 2012''; and
            (3) by adding at the end the following new paragraph:

    ``(2) The Secretary may not appoint a person to a position of 
employment under subsection (a)(2) after September 30, 2012.''.
SEC. 1108. <<NOTE: 10 USC 1580 note.>> DIRECT HIRE AUTHORITY AT 
                          PERSONNEL DEMONSTRATION LABORATORIES FOR 
                          CERTAIN CANDIDATES.

    (a) Authority.--The Secretary of Defense may appoint qualified 
candidates possessing an advanced degree to positions described in 
subsection (b) without regard to the provisions of subchapter I of 
chapter 33 of title 5, United States Code, other than sections 3303 and 
3328 of such title.
    (b) Applicability.--This section applies with respect to candidates 
for scientific and engineering positions within any laboratory 
identified in section 9902(c)(2) of title 5, United States Code.
    (c) Limitation.--(1) Authority under this section may not, in any 
calendar year and with respect to any laboratory, be exercised with 
respect to a number of candidates greater than the number equal to 2 
percent of the total number of scientific and engineering positions 
within such laboratory that are filled as of the close of the fiscal 
year last ending before the start of such calendar year.
    (2) For purposes of this subsection, positions and candidates shall 
be counted on a full-time equivalent basis.
    (d) Employee Defined.--As used in this section, the term 
``employee'' has the meaning given such term by section 2105 of title 5, 
United States Code.
    (e) Termination.--The authority to make appointments under this 
section shall not be available after December 31, 2013.
SEC. 1109. <<NOTE: 10 USC 2358 note.>> STATUS REPORTS RELATING TO 
                          LABORATORY PERSONNEL DEMONSTRATION 
                          PROJECTS.

    Section 1107 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 357) is amended by adding at 
the end the following:
    ``(e) Status Reports.--
            ``(1) In general.--Not later than 45 days after the date of 
        the enactment of this Act and not later than March 1 of each 
        year beginning after the date on which the first report under 
        this subsection is submitted, the Secretary of Defense shall 
        submit to the Committees on Armed Services of the Senate and 
        House of Representatives a report providing, with respect to the 
        year before the year in which such report is submitted, the 
        information described in paragraph (2).

[[Page 122 STAT. 4619]]

            ``(2) Information required.--Each report under this 
        subsection shall describe the following:
                    ``(A) The actions taken by the Secretary of Defense 
                under subsection (a) during the year covered by the 
                report.
                    ``(B) The progress made by the Secretary of Defense 
                during such year in developing and implementing the plan 
                required by subsection (b), including the anticipated 
                date for completion of such plan and a list and 
                description of any issues relating to the development or 
                implementation of such plan.
                    ``(C) With respect to any applications by any 
                Department of Defense laboratories seeking to be 
                designated as a demonstration laboratory or to otherwise 
                obtain any of the personnel flexibilities available to a 
                demonstration laboratory--
                          ``(i) the number of applications that were 
                      received, pending, or acted on during such year;
                          ``(ii) the status or disposition of any 
                      applications under clause (i), including, in the 
                      case of any application on which a final decision 
                      was rendered, the laboratory involved, what the 
                      laboratory had requested, the decision reached, 
                      and the reasons for the decision; and
                          ``(iii) in the case of any applications under 
                      clause (i) on which a final decision was not 
                      rendered, the date by which a final decision is 
                      anticipated.
            ``(3) Definition.--For purposes of this subsection, the term 
        `demonstration laboratory' means a laboratory designated by the 
        Secretary of Defense under the provisions of section 342(b) of 
        the National Defense Authorization Act for Fiscal Year 1995 (as 
        cited in subsection (a)).''.
SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF 
                          PROFESSIONAL ACCOUNTING POSITION FOR 
                          PURPOSES OF CERTIFICATION AND 
                          CREDENTIALING STANDARDS.

    Section 1599d(e) of title 10, United States Code, is amended by 
striking ``GS-510, GS-511, and GS-505'' and inserting ``0505, 0510, 
0511, or equivalent''.
SEC. 1111. <<NOTE: 10 USC 143 note.>> EXCEPTIONS AND ADJUSTMENTS 
                          TO LIMITATIONS ON PERSONNEL AND REPORTS 
                          ON SUCH EXCEPTIONS AND ADJUSTMENTS.

    (a) Exception to Limitations on Personnel.--For fiscal year 2009 and 
fiscal years thereafter, the baseline personnel limitations in sections 
143, 194, 3014, 5014, and 8014 of title 10, United States Code (as 
adjusted pursuant to subsection (b)), shall not apply to--
            (1) acquisition personnel hired pursuant to the expedited 
        hiring authority provided in section 1705(h) of title 10, United 
        States Code, as amended by section 821 of this Act, or otherwise 
        hired with funds in the Department of Defense Acquisition 
        Workforce Development Fund established in accordance with 
        section 1705(a) of such title; or
            (2) personnel hired pursuant to a shortage category 
        designation by the Secretary of Defense or the Director of the 
        Office of Personnel Management.

    (b) Authority to Adjust Limitations on Personnel.--For fiscal year 
2009 and for four fiscal years thereafter, the Secretary

[[Page 122 STAT. 4620]]

of Defense or a secretary of a military department may adjust the 
baseline personnel limitations in sections 143, 194, 3014, 5014 and 8014 
of title 10, United States Code, to--
            (1) fill a gap in the civilian workforce of the Department 
        of Defense identified by the Secretary of Defense in a strategic 
        human capital plan submitted to Congress in accordance with the 
        requirements of--
                    (A) section 1122 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 10 U.S.C. prec. 1580 note);
                    (B) section 1102 of the John Warner National Defense 
                Authorization Act for Fiscal Year 2007 (Public Law 109-
                364; 120 Stat. 2407); or
                    (C) section 851 of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public Law 110-
                181; 10 U.S.C. note prec. 1580); or
            (2) accommodate increases in workload or modify the type of 
        personnel required to accomplish work, for any purpose described 
        in paragraphs (1) through (4) of subsection (c).

    (c) Limitation on Authority to Adjust Limitations on Personnel.--The 
Secretary of Defense or the secretary of a military department may not 
increase a baseline personnel limitation under paragraph (2) of 
subsection (b) by more than 5 percent in a fiscal year. An increase in a 
baseline personnel limitation under such paragraph may be made for any 
of the following purposes:
            (1) Performance of inherently governmental functions.
            (2) Performance of work pursuant to section 2463 of title 10 
        United States Code.
            (3) Ability to maintain sufficient organic expertise and 
        technical capability.
            (4) Performance of work that, while the position may not 
        exercise an inherently governmental function, nevertheless 
        should be performed only by officers or employees of the Federal 
        Government or members of the Armed Forces because of the 
        critical nature of the work.

    (d) Report Required.--The Secretary of Defense shall submit a report 
to the congressional defense committees on the implementation of this 
section at the same time that the defense budget materials for each of 
the four fiscal years after fiscal year 2009 are presented to Congress. 
The report shall include the following information regarding the 
implementation of this section during the preceding fiscal year:
            (1) The average number of military personnel, civilian 
        employees of the Department of Defense, and contractor employees 
        assigned to or detailed to permanent duty in--
                    (A) the Office of the Secretary of Defense;
                    (B) the management headquarters activities and 
                management headquarters support activities in the 
                Defense Agencies and Department of Defense Field 
                Activities;
                    (C) the Office of the Secretary of the Army and the 
                Army Staff;
                    (D) the Office of the Secretary of the Navy, the 
                Office of Chief of Naval Operations, and the 
                Headquarters, Marine Corps; and
                    (E) the Office of the Secretary of the Air Force and 
                the Air Staff.

[[Page 122 STAT. 4621]]

            (2) An estimate of the number of personnel hired pursuant to 
        an exception in subsection (a) in each office described in 
        subparagraphs (A) through (E) of paragraph (1).
            (3) The amount of any adjustment in the limitation on 
        personnel made by the Secretary of Defense or the secretary of a 
        military department, and, for each adjustment made pursuant to 
        subsection (b)(2), the purpose of the adjustment.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Extension of authority to build the capacity of the Pakistan 
           Frontier Corps.
Sec. 1202. Availability across fiscal years of funds for military-to-
           military contacts and comparable activities.
Sec. 1203. Availability across fiscal years of funds to pay incremental 
           expenses for participation of developing countries in 
           combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and 
           cross-servicing agreements to lend military equipment for 
           personnel protection and survivability.
Sec. 1205. Authority for distribution to certain foreign personnel of 
           education and training materials and information technology 
           to enhance military interoperability with the Armed Forces.
Sec. 1206. Modification and extension of authorities relating to program 
           to build the capacity of foreign military forces.
Sec. 1207. Extension of authority and increased funding for security and 
           stabilization assistance.
Sec. 1208. Extension and expansion of authority for support of special 
           operations to combat terrorism.
Sec. 1209. Increase in amount available for costs of education and 
           training of foreign military forces under Regional Defense 
           Combating Terrorism Fellowship Program.

          Subtitle B--Matters Relating to Iraq and Afghanistan

Sec. 1211. Limitation on availability of funds for certain purposes 
           relating to Iraq.
Sec. 1212. Report on status of forces agreements between the United 
           States and Iraq.
Sec. 1213. Strategy for United States-led Provincial Reconstruction 
           Teams in Iraq.
Sec. 1214. Commanders' Emergency Response Program.
Sec. 1215. Performance monitoring system for United States-led 
           Provincial Reconstruction Teams in Afghanistan.
Sec. 1216. Report on command and control structure for military forces 
           operating in Afghanistan.
Sec. 1217. Reports on enhancing security and stability in the region 
           along the border of Afghanistan and Pakistan.
Sec. 1218. Study and report on Police Transition Teams to train, assist, 
           and advise units of the Iraqi Police Service.

                        Subtitle C--Other Matters

Sec. 1231. Payment of personnel expenses for multilateral cooperation 
           programs.
Sec. 1232. Participation of the Department of Defense in multinational 
           military centers of excellence.
Sec. 1233. Review of security risks of participation by defense 
           contractors in certain space activities of the People's 
           Republic of China.
Sec. 1234. Report on Iran's capability to produce nuclear weapons.
Sec. 1235. Employment for resettled Iraqis.
Sec. 1236. Extension and modification of updates on report on claims 
           relating to the bombing of the Labelle Discotheque.
Sec. 1237. Report on utilization of certain global partnership 
           authorities.
Sec. 1238. Modification and repeal of requirement to submit certain 
           annual reports to Congress regarding allied contributions to 
           the common defense.

[[Page 122 STAT. 4622]]

                   Subtitle A--Assistance and Training

SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF THE 
                          PAKISTAN FRONTIER CORPS.

    (a) Authority.--Subsection (a) of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 366) is amended by striking ``during fiscal year 2008'' and 
inserting ``during fiscal years 2008 and 2009''.
    (b) Funding Limitation.--Subsection (c)(1) of such section is 
amended by inserting after ``fiscal year 2008'' the following: ``and up 
to $25,000,000 of funds available to the Department of Defense for 
operation and maintenance for fiscal year 2009''.
SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILITARY-
                          TO-MILITARY CONTACTS AND COMPARABLE 
                          ACTIVITIES.

    (a) In General.--Section 168(e) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(5) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for programs or 
activities under this section that begin in a fiscal year and end in the 
following fiscal year.''.
    (b) Effective <<NOTE: 10 USC 168 note.>> Date.--The amendment made 
by subsection (a) shall take effect on October 1, 2008, and shall apply 
with respect to programs and activities under section 168 of title 10, 
United States Code, as so amended, that begin on or after that date.
SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY 
                          INCREMENTAL EXPENSES FOR PARTICIPATION 
                          OF DEVELOPING COUNTRIES IN COMBINED 
                          EXERCISES.

    (a) In General.--Section 2010 of title 10, United States Code, is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:

    ``(d) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for bilateral or 
multilateral military exercises that begin in a fiscal year and end in 
the following fiscal year.''.
    (b) Effective <<NOTE: 10 USC 2010 note.>> Date.--The amendments made 
by subsection (a) shall take effect on October 1, 2008, and shall apply 
with respect to bilateral and multilateral military exercises described 
in section 2010 of title 10, United States Code, as so amended, that 
begin on or after that date.
SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND 
                          CROSS-SERVICING AGREEMENTS TO LEND 
                          MILITARY EQUIPMENT FOR PERSONNEL 
                          PROTECTION AND SURVIVABILITY.

    (a) Semiannual Reports to Congressional Committees.--Subsection 
(b)(3) of section 1202 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2412) is amended 
by adding at the end the following new subparagraph:
                    ``(E) With respect to equipment provided to each 
                foreign force that is not returned to the United States, 
                a description

[[Page 122 STAT. 4623]]

                of the terms of disposition of the equipment to the 
                foreign force.
                    ``(F) The percentage of equipment provided to 
                foreign forces under the authority of this section that 
                is not returned to the United States.''.

    (b) Expiration.--Subsection (e) of such section, as amended by 
section 1252(b) of National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 402), is further amended by striking 
``September 30, 2009'' and inserting ``September 30, 2011''.
SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL 
                          OF EDUCATION AND TRAINING MATERIALS AND 
                          INFORMATION TECHNOLOGY TO ENHANCE 
                          MILITARY INTEROPERABILITY WITH THE ARMED 
                          FORCES.

    (a) Authority for Distribution.--
            (1) In general.--Subchapter I of chapter 134 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 2249d. Distribution to certain foreign personnel of 
                    education and training materials and 
                    information technology to enhance military 
                    interoperability with the armed forces

    ``(a) Distribution Authorized.--To enhance interoperability between 
the armed forces and military forces of friendly foreign nations, the 
Secretary of Defense, with the concurrence of the Secretary of State, 
may--
            ``(1) provide to personnel referred to in subsection (b) 
        electronically-distributed learning content for the education 
        and training of such personnel for the development or 
        enhancement of allied and friendly military and civilian 
        capabilities for multinational operations, including joint 
        exercises and coalition operations; and
            ``(2) provide information technology, including computer 
        software developed for such purpose, but only to the extent 
        necessary to support the use of such learning content for the 
        education and training of such personnel.

    ``(b) Authorized Recipients.--The personnel to whom learning content 
and information technology may be provided under subsection (a) are 
military and civilian personnel of a friendly foreign government, with 
the permission of that government.
    ``(c) Education and Training.--Any education and training provided 
under subsection (a) shall include the following:
            ``(1) Internet-based education and training.
            ``(2) Advanced distributed learning and similar Internet 
        learning tools, as well as distributed training and computer-
        assisted exercises.

    ``(d) Applicability of Export Control Regimes.--The provision of 
learning content and information technology under this section shall be 
subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751 
et seq.) and any other export control regime under law relating to the 
transfer of military technology to foreign nations.
    ``(e) Guidance on Utilization of Authority.--

[[Page 122 STAT. 4624]]

            ``(1) Guidance required.--The Secretary of Defense shall 
        develop and issue guidance on the procedures for the use of the 
        authority in this section.
            ``(2) Modification.--If <<NOTE: Reports. Deadline.>> the 
        Secretary modifies the guidance issued under paragraph (1), the 
        Secretary shall submit to the appropriate committees of Congress 
        a report setting forth the modified guidance not later than 30 
        days after the date of such modification.

    ``(f) Annual Report.--
            ``(1) Report required.--Not later than October 31 following 
        each fiscal year in which the authority in this section is used, 
        the Secretary of Defense shall submit to the appropriate 
        committees of Congress a report on the exercise of the authority 
        during such fiscal year.
            ``(2) Elements.--Each report under paragraph (1) shall 
        include, for the fiscal year covered by such report, the 
        following:
                    ``(A) A statement of the recipients of learning 
                content and information technology provided under this 
                section.
                    ``(B) A description of the type, quantity, and value 
                of the learning content and information technology 
                provided under this section.

    ``(g) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate; and
            ``(2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of chapter 134 of such title is 
        amended by adding at the end the following new item:

``2249d. Distribution to certain foreign personnel of education and 
           training materials and information technology to enhance 
           military interoperability with the armed forces.''.

    (b) Guidance <<NOTE: 10 USC 2249d note.>> on Utilization of 
Authority.--
            (1) Submittal to congress.--Not <<NOTE: Deadline.>> later 
        than 30 days after issuing the guidance required by section 
        2249d(e) of title 10, United States Code, as added by subsection 
        (a), the Secretary of Defense shall submit to the Committees on 
        Armed Services of the Senate and the House of Representatives a 
        report setting forth such guidance.
            (2) Utilization of similar guidance.--In developing the 
        guidance required by section 2249d(e) of title 10, United States 
        Code, as so added, the Secretary may utilize applicable portions 
        of the current guidance developed by the Secretary under 
        subsection (f) of section 1207 of the John Warner National 
        Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
        364; 120 Stat. 2419) for purposes of the exercise of the 
        authority in such section 1207.

    (c) Repeal of Superseded Authority.--
            (1) In general.--Section 1207 of the John Warner National 
        Defense Authorization Act for Fiscal Year <<NOTE: 120 Stat. 
        2419.>> 2007 is repealed.
            (2) Submittal of final report on exercise of authority.--If 
        the Secretary of Defense exercised the authority in section 1207 
        of the John Warner National Defense Authorization Act for Fiscal 
        Year 2007 during fiscal year 2008, the Secretary shall submit 
        the report required by subsection (g) of such section for such 
        fiscal year in accordance with the

[[Page 122 STAT. 4625]]

        provisions of such subsection (g) without regard to the repeal 
        of such section under paragraph (1).

    (d) Effective <<NOTE: 10 USC 2249d note.>> Date.--This section and 
the amendments made by this section shall take effect on October 1, 
2008.
SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO 
                          PROGRAM TO BUILD THE CAPACITY OF FOREIGN 
                          MILITARY FORCES.

    (a) Building of Capacity of Additional Foreign Forces.--Subsection 
(a) of section 1206 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3456), as amended by section 
1206 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2418), is further amended by 
striking ``a program'' and all that follows and inserting ``a program or 
programs as follows:
            ``(1) To build the capacity of a foreign country's national 
        military forces in order for that country to--
                    ``(A) conduct counterterrorism operations; or
                    ``(B) participate in or support military and 
                stability operations in which the United States Armed 
                Forces are participating.
            ``(2) To build the capacity of a foreign country's maritime 
        security forces to conduct counterterrorism operations.''.

    (b) Funding.--Subsection (c) of such section, as so amended, is 
further amended--
            (1) in paragraph (1), by striking ``$300,000,000'' and 
        inserting ``$350,000,000''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Availability of funds for activities across fiscal 
        years.--Amounts available under this subsection for the 
        authority in subsection (a) for a fiscal year may be used for 
        programs under that authority that begin in such fiscal year but 
        end in the next fiscal year.''.

    (c) Three-Year Extension of Authority.--Subsection (g) of such 
section, as so amended, is further amended--
            (1) by striking ``September 30, 2008'' and inserting 
        ``September 30, 2011''; and
            (2) by striking ``fiscal year 2006, 2007, or 2008'' and 
        inserting ``fiscal years 2006 through 2011''.

    (d) Effective Date.--The amendment made by subsection (b)(2) shall 
take effect on October 1, 2008, and shall apply with respect to programs 
under the authority in subsection (a) of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2006, as so amended, that 
begin on or after that date.
SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR 
                          SECURITY AND STABILIZATION ASSISTANCE.

    (a) Prohibition on Budget Support.--Subsection (a) of section 1207 
of the National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163; 119 Stat. 3458) is amended--
            (1) by striking ``The Secretary of Defense'' and inserting 
        the following:
            ``(1) In general.--The Secretary of Defense''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Prohibition on budget support.--Nothing in this 
        section shall be construed to authorize the provision of budget 
        support to any foreign country.''.

[[Page 122 STAT. 4626]]

    (b) Assistance to Georgia During Fiscal Year 2009.--Subsection (b) 
of such section is amended--
            (1) by striking ``The aggregate value'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        aggregate value''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Assistance to georgia during fiscal year 2009.--
                    ``(A) In general.--The Secretary of Defense is 
                authorized during fiscal year 2009 to exercise the 
                authority of subsection (a) to provide services to, and 
                transfer defense articles and funds to, the Secretary of 
                State for the purposes of facilitating the provision by 
                the Secretary of State of reconstruction, security, or 
                stabilization assistance to the country of Georgia.
                    ``(B) Limitation.--The aggregate value of all 
                services, defense articles, and funds provided or 
                transferred to the Secretary of State under this section 
                for Georgia in fiscal year 2009--
                          ``(i) may not exceed $50,000,000; and
                          ``(ii) shall not count against the dollar 
                      amount limitation specified in paragraph (1) for 
                      such fiscal year.''.

    (c) Extension of Authority.--Subsection (g) of such section, as 
amended by section 1210(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 369), is further amended 
by striking ``September 30, 2008'' and inserting ``September 30, 2009''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.
SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF 
                          SPECIAL OPERATIONS TO COMBAT TERRORISM.

    (a) In General.--Subsection (a) of section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375; 118 Stat. 2086) is amended--
            (1) by inserting ``, with the concurrence of the relevant 
        Chief of Mission,'' after ``may''; and
            (2) by striking ``$25,000,000'' and inserting 
        ``$35,000,000''.

    (b) Timing of Notice on Provision of Support.--Subsection (c) of 
such section is amended by striking ``in not less than 48 hours'' and 
inserting ``within 48 hours''.
    (c) Extension.--Subsection (h) of such section, as amended by 
section 1202(c) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 364), is further amended by 
striking ``2010'' and inserting ``2013''.
    (d) Technical Amendment.--The heading of such section is amended by 
striking ``military operations'' and inserting ``special operations''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

[[Page 122 STAT. 4627]]

SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDUCATION AND 
                          TRAINING OF FOREIGN MILITARY FORCES 
                          UNDER REGIONAL DEFENSE COMBATING 
                          TERRORISM FELLOWSHIP PROGRAM.

    (a) Increase in Amount.--Section 2249c(b) of title 10, United States 
Code, is amended by striking ``$25,000,000'' and inserting 
``$35,000,000''.
    (b) Effective <<NOTE: 10 USC 2249c note.>> Date.--The amendment made 
by subsection (a) shall take effect on October 1, 2008, and shall apply 
with respect to fiscal years beginning on or after that date.

          Subtitle B--Matters Relating to Iraq and Afghanistan

SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
                          PURPOSES RELATING TO IRAQ.

    No funds appropriated pursuant to an authorization of appropriations 
in this Act may be obligated or expended for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control of the oil resources 
        of Iraq.
SEC. 1212. <<NOTE: President.>> REPORT ON STATUS OF FORCES 
                          AGREEMENTS BETWEEN THE UNITED STATES AND 
                          IRAQ.

    (a) Requirement for Report.--
            (1) In general.--(A) Not later than 90 days after the date 
        of the enactment of this Act, the President shall transmit to 
        the appropriate congressional committees a report on any 
        agreement that has been completed between the United States and 
        Iraq relating to--
                    (i) the legal status of United States military 
                personnel, civilian personnel, and contractor personnel 
                of contracts awarded by any department or agency of the 
                United States Government;
                    (ii) the establishment of or access to military 
                bases;
                    (iii) the rules of engagement under which United 
                States Armed Forces operate in Iraq; and
                    (iv) any security commitment, arrangement, or 
                assurance that obligates the United States to respond to 
                internal or external threats against Iraq.
            (B) <<NOTE: Notification.>> If, on the date that is 90 days 
        after the date of the enactment of this Act, no agreement 
        between the United States and Iraq described in subparagraph (A) 
        has been completed, the President shall notify the appropriate 
        congressional committees that no such agreement has been 
        completed, and shall transmit to the appropriate congressional 
        committees the report required under subparagraph (A) as soon as 
        practicable after such an agreement or agreements are completed.
            (2) Update of report.--The President shall transmit to the 
        appropriate congressional committees an update of the report 
        required under paragraph (1) whenever an agreement between the 
        United States and Iraq relating to the matters described in the 
        report is substantially revised.

[[Page 122 STAT. 4628]]

    (b) Matters to Be Included.--The report required under subsection 
(a) shall include, with respect to each agreement described in 
subsection (a), the following:
            (1) A description of any conditions placed on United States 
        combat operations by the Government of Iraq, including required 
        coordination, if any, before such operations can be undertaken.
            (2) A description of any constraints placed on United States 
        military personnel, civilian personnel, and contractor personnel 
        of contracts awarded by any department or agency of the United 
        States Government as a result of such conditions.
            (3) A description of the conditions under which United 
        States military personnel, civilian personnel, or contractor 
        personnel of contracts awarded by any department or agency of 
        the United States Government could be tried by an Iraqi court 
        for alleged crimes occurring both during the performance of 
        official duties and during other such times, and the protections 
        that such personnel would be extended in an Iraqi court, if 
        applicable.
            (4) An assessment of authorities under the agreement for 
        United States Armed Forces and Coalition partners to apprehend, 
        detain, and interrogate prisoners and otherwise collect 
        intelligence.
            (5) A description of any security commitment, arrangement, 
        or assurance that obligates the United States to respond to 
        internal or external threats against Iraq, including the manner 
        in which such commitment, arrangement, or assurance may be 
        implemented.
            (6) An assessment of any payments required under the 
        agreement to be paid to the Government of Iraq or other Iraqi 
        entities for rights, access, or support for bases and 
        facilities.
            (7) An assessment of any payments required under the 
        agreement for any claims for deaths and damages caused by United 
        States military personnel, civilian personnel, and contractor 
        personnel of contracts awarded by any department or agency of 
        the United States Government in the performance of their 
        official duties.
            (8) A description of the arrangements required under the 
        agreement to resolve disputes arising over matters contained in 
        the agreement or to consider changes to the agreement.
            (9) A discussion of the extent to which the agreement 
        applies to other Coalition partners.
            (10) A description of how the agreement can be terminated by 
        the United States or Iraq.

    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

    (e) Termination of Requirement.--

[[Page 122 STAT. 4629]]

            (1) In general.--Except as provided in paragraph (2), the 
        requirement to transmit the report and updates of the report 
        under subsection (a) terminates on December 31, 2009.
            (2) Exception.--The requirement to transmit the report and 
        updates of the report under subsection (a) terminates before 
        December 31, 2009, if the following conditions are met:
                    (A) The President transmits to the appropriate 
                congressional committees the text of any agreement 
                between the United States and Iraq described in 
                subsection (a)(1)(A) and any amendment or update 
                thereto.
                    (B) <<NOTE: Deadline.>> Within 30 days of 
                transmission of the agreement, the President makes 
                available appropriate senior officials to brief the 
                appropriate congressional committees on the matters 
                covered by the agreement or any amendment or update 
                thereto.
SEC. 1213. <<NOTE: President. 22 USC 2151 note.>> STRATEGY FOR 
                          UNITED STATES-LED PROVINCIAL 
                          RECONSTRUCTION TEAMS IN IRAQ.

    (a) In General.--The President shall establish and implement a 
strategy for United States-led Provincial Reconstruction Teams (PRTs), 
including embedded PRTs and Provincial Support Teams, in Iraq that 
ensures that such United States-led PRTs are--
            (1) supporting the operational and strategic goals of the 
        Multi-National Force-Iraq; and
            (2) developing the capacity of national, provincial, and 
        local government and other civil institutions in Iraq to assume 
        increasing responsibility for the formulation, implementation, 
        and oversight of reconstruction and development activities.

    (b) Elements of Strategy.--At a minimum, the strategy required under 
subsection (a) shall include--
            (1) a mission statement and clearly defined objectives for 
        United States-led PRTs as a whole;
            (2) a mission statement and clearly defined objectives for 
        each United States-led PRT; and
            (3) measures of effectiveness and performance indicators for 
        meeting the objectives of each United States-led PRT as 
        described in paragraph (2).

    (c) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and every 90 days thereafter through 
        the end of fiscal year 2010, the President shall transmit to the 
        appropriate congressional committees a report on the 
        implementation of the strategy required under subsection (a), 
        including an assessment of the specific contributions United 
        States-led PRTs are making to implement the strategy. The 
        initial report required under this subsection should include a 
        general description of the strategy required under subsection 
        (a) and a general discussion of the elements of the strategy 
        required under subsection (b).
            (2) Inclusion in other report.--The report required under 
        this subsection may be included in the report required by 
        section 1227 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3465).

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--

[[Page 122 STAT. 4630]]

            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.
SEC. 1214. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) Authority for Fiscal Years 2008 and 2009.--Subsection (a) of 
section 1202 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 119 Stat. 3455), as amended by section 1205 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 366), is further amended in the matter preceding 
paragraph (1)--
            (1) by striking ``$977,441,000'' and inserting 
        ``$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in 
        fiscal year 2009,''; and
            (2) by striking ``in such fiscal year''.

    (b) Quarterly Reports.--Subsection (b) of such section, as so 
amended, is further amended--
            (1) in the heading, by inserting ``and Briefings'' after 
        ``Reports'';
            (2) by striking ``Not later than'' and inserting the 
        following:
            ``(1) In general.--Not later than''; and
            (3) by adding at the end the following new paragraphs:
            ``(2) Additional matters to be included.--In addition to the 
        information described in paragraph (1), each report required 
        under paragraph (1) that contains information on projects 
        carried out using funds authorized under the Commanders' 
        Emergency Response Program in Iraq shall include the following:
                    ``(A) A listing of each project for which amounts in 
                excess of $500,000 provided through the Commanders' 
                Emergency Response Program in Iraq were expended.
                    ``(B) A written statement by the Secretary of 
                Defense, or the Deputy Secretary of Defense if the 
                authority under subsection (f) is delegated to the 
                Deputy Secretary of Defense, affirming that the 
                certification required under subsection (f) was issued 
                for each project in Iraq for which amounts in excess of 
                $1,000,000 provided through the Commanders' Emergency 
                Response Program in Iraq were expended.
                    ``(C) For each project listed in subparagraph (A), 
                the following information:
                          ``(i) A description and justification for 
                      carrying out the project
                          ``(ii) A description of the extent of 
                      involvement by the Government of Iraq in the 
                      project, including--
                                    ``(I) the amount of funds provided 
                                by the Government of Iraq for the 
                                project; and
                                    ``(II) a description of the plan for 
                                the transition of such project upon 
                                completion to the people of Iraq and for 
                                the sustainment of any completed 
                                facilities, including any commitments by 
                                the Government of Iraq to sustain 
                                projects requiring the support of the 
                                Government of Iraq for sustainment.

[[Page 122 STAT. 4631]]

                          ``(iii) A description of the current status of 
                      the project, including, where appropriate, the 
                      projected completion date.
                    ``(D) A description of the status of transitioning 
                activities carried out under the Commanders' Emergency 
                Response Program in Iraq to the Government of Iraq, 
                including--
                          ``(i) the level of funding provided by the 
                      Government of Iraq for the Government of Iraq 
                      Commanders' Emergency Response Program (commonly 
                      known as `I-CERP');
                          ``(ii) the level of funding provided and 
                      expended by the Government of Iraq in other 
                      programs designed to meet urgent humanitarian 
                      relief and reconstruction requirements that 
                      immediately assist the Iraqi people; and
                          ``(iii) a description of the progress made in 
                      transitioning the responsibility for the Sons of 
                      Iraq Program to the Government of Iraq.
            ``(3) Briefings.--Not <<NOTE: Deadline.>> later than 15 days 
        after the submission of each report under paragraph (1), 
        appropriate officials of the Department of Defense shall meet 
        with the congressional defense committees to brief such 
        committees on the matters contained in the report.''.

    (c) Prohibition on Certain Projects Under the Commanders' Emergency 
Response Program in Iraq.--Such section, as so amended, is further 
amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection:

    ``(e) Prohibition on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--
            ``(1) Prohibition.--Except as provided in paragraph (2), 
        funds made available under this section for the Commanders' 
        Emergency Response Program in Iraq may not be obligated or 
        expended to carry out any project commenced after the date of 
        the enactment of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009 if the total amount of 
        such funds made available for the purpose of carrying out the 
        project exceeds $2,000,000.
            ``(2) Exception.--The prohibition contained in paragraph (1) 
        shall not apply with respect to funds managed or controlled by 
        the Department of Defense that were otherwise provided by 
        another department or agency of the United States Government, 
        the Government of Iraq, the government of a foreign country, a 
        foundation or other charitable organization (including a 
        foundation or charitable organization that is organized or 
        operates under the laws of a foreign country), or any source in 
        the private sector of the United States or a foreign country.
            ``(3) Waiver.--The Secretary of Defense may waive the 
        prohibition contained in paragraph (1) if the Secretary of 
        Defense--
                    ``(A) determines that such a waiver is required to 
                meet urgent humanitarian relief and reconstruction 
                requirements that will immediately assist the Iraqi 
                people; and

[[Page 122 STAT. 4632]]

                    ``(B) submits <<NOTE: Deadline. Notification.>> in 
                writing, within 15 days of issuing such waiver, to the 
                congressional defense committees a notification of the 
                waiver, together with a discussion of--
                          ``(i) the unmet and urgent needs to be 
                      addressed by the project; and
                          ``(ii) any arrangements between the Government 
                      of the United States and the Government of Iraq 
                      regarding the provision of Iraqi funds for 
                      carrying out and sustaining the project .''.

    (d) Certification on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--Such section, as so amended, is 
further amended--
            (1) by redesignating subsection (f), as redesignated by 
        subsection (c) of this section, as subsection (g); and
            (2) by inserting after subsection (e), as added by 
        subsection (c) of this section, the following new subsection:

    ``(f) Certification on Certain Projects Under the Commanders' 
Emergency Response Program in Iraq.--
            ``(1) Certification.--Funds made available under this 
        section for the Commanders' Emergency Response Program in Iraq 
        may not be obligated or expended to carry out any project 
        commenced after the date of the enactment of the Duncan Hunter 
        National Defense Authorization Act for Fiscal Year 2009 if the 
        total amount of such funds made available for the purpose of 
        carrying out the project exceeds $1,000,000 unless the Secretary 
        of Defense certifies that the project addresses urgent 
        humanitarian relief and reconstruction requirements that will 
        immediately assist the Iraqi people.
            ``(2) Delegation.--The Secretary may delegate the authority 
        under paragraph (1) to the Deputy Secretary of Defense.''.

    (e) Sense of Congress.--It is the sense of Congress that the 
Government of Iraq should assume increasing responsibility for funding 
and carrying out projects currently funded by the United States through 
the Commanders' Emergency Response Program, and should assume all costs 
associated with the Sons of Iraq program as expeditiously as possible.
SEC. 1215. <<NOTE: 22 USC 7513 note.>> PERFORMANCE MONITORING 
                          SYSTEM FOR UNITED STATES-LED PROVINCIAL 
                          RECONSTRUCTION TEAMS IN AFGHANISTAN.

    (a) In General.--The <<NOTE: President.>> President, acting through 
the Secretary of Defense and the Secretary of State, shall develop and 
implement a system to monitor the performance of United States-led 
Provincial Reconstruction Teams (PRTs) in Afghanistan.

    (b) Elements of Performance Monitoring System.--The performance 
monitoring system required under subsection (a) shall include--
            (1) PRT-specific work plans that incorporate the long-term 
        strategy, mission, and clearly defined objectives required by 
        section 1230(c)(3) of the National Defense Authorization Act for 
        Fiscal Year 2008 (Public Law 110-181; 122 Stat. 386), and 
        include plans for developing the capacity of national, 
        provincial, and local government and other civil institutions in 
        Afghanistan to assume increasing responsibility for the 
        formulation, implementation, and oversight of reconstruction and 
        development activities; and

[[Page 122 STAT. 4633]]

            (2) comprehensive performance indicators and measures of 
        progress toward sustainable long-term security and stability in 
        Afghanistan, and include performance standards and progress 
        goals together with a notional timetable for achieving such 
        goals, consistent with the requirements of section 1230(d) of 
        the National Defense Authorization Act for Fiscal Year 2008 
        (Public Law 110-181; 122 Stat. 388).

    (c) Report.--Not <<NOTE: President.>> later than 90 days after the 
date of the enactment of this Act, the President shall submit to the 
appropriate congressional committees a report on the implementation of 
the performance monitoring system required under subsection (a).

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.
SEC. 1216. <<NOTE: 10 USC 113 note.>> REPORT ON COMMAND AND 
                          CONTROL STRUCTURE FOR MILITARY FORCES 
                          OPERATING IN AFGHANISTAN.

    (a) Report Required.--Not later than 60 days after the date of the 
enactment of this Act, or December 1, 2008, whichever occurs later, the 
Secretary of Defense shall submit to the appropriate congressional 
committees a report on the command and control structure for military 
forces operating in Afghanistan.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include the following:
            (1) A detailed description of efforts by the Secretary of 
        Defense, in coordination with senior leaders of NATO ISAF 
        forces, including the commander of NATO ISAF forces, to modify 
        the chain of command structure for military forces operating in 
        Afghanistan to better coordinate and de-conflict military 
        operations and achieve unity of command whenever possible in 
        Afghanistan, and the results of such efforts, including--
                    (A) any United States or NATO ISAF plan for 
                improving the command and control structure for military 
                forces operating in Afghanistan; and
                    (B) any efforts to establish a headquarters in 
                Afghanistan that is led by a commander--
                          (i) with command authority over NATO ISAF 
                      forces and separate United States forces operating 
                      under Operation Enduring Freedom and charged with 
                      closely coordinating the efforts of such forces; 
                      and
                          (ii) responsible for coordinating other United 
                      States and international security efforts in 
                      Afghanistan.
            (2) A description of how rules of engagement are determined 
        and managed for United States forces operating under NATO ISAF 
        or Operation Enduring Freedom, and a description of any key 
        differences between rules of engagement for NATO ISAF forces and 
        separate United States forces operating under Operation Enduring 
        Freedom.

[[Page 122 STAT. 4634]]

            (3) An assessment of how any modifications to the command 
        and control structure for military forces operating in 
        Afghanistan would impact coordination of military and civilian 
        efforts in Afghanistan.

    (c) Update of Report.--The Secretary of Defense shall submit to the 
appropriate congressional committees an update of the report required 
under subsection (a) as warranted by any modifications to the command 
and control structure for military forces operating in Afghanistan as 
described in the report.
    (d) Form.--The report required under subsection (a) and any update 
of the report required under subsection (c) shall be submitted in an 
unclassified form, but may include a classified annex, if necessary.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE 
                          REGION ALONG THE BORDER OF AFGHANISTAN 
                          AND PAKISTAN.

    (a) Additional Reports Required.--Subsection (a) of section 1232 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 392) is amended--
            (1) in the heading of paragraph (1), by striking ``In 
        general'' and inserting ``Initial report'';
            (2) by striking paragraph (4);
            (3) by redesignating paragraph (3) as paragraph (4); and
            (4) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Subsequent reports.--Concurrent with the submission of 
        each report submitted under section 1230 after the date of the 
        enactment of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009, the Secretary of Defense, in 
        consultation with the Secretary of State, shall submit to the 
        appropriate congressional committees, a report on enhancing 
        security and stability in the region along the border of 
        Afghanistan and Pakistan. Each such report shall include the 
        following:
                    ``(A) A description of the matters required to be 
                included in the initial report required under paragraph 
                (1).
                    ``(B) A description of any peace agreements between 
                the Government of Pakistan and tribal leaders from 
                regions along the Afghanistan-Pakistan border that 
                contain commitments to prevent cross-border incursions 
                into Afghanistan and any mechanisms in such agreements 
                to enforce such commitments.
                    ``(C) An assessment of the effectiveness of such 
                peace agreements in preventing cross-border incursions 
                and of the Government of Pakistan in enforcing those 
                agreements.''.

    (b) Copy of Notification Relating to Department of Defense Coalition 
Support Funds for Pakistan.--Subsection

[[Page 122 STAT. 4635]]

(b)(1) of such section is amended by adding at the end the following new 
subparagraph:
                    ``(C) Copy of notification.--The Secretary of 
                Defense shall submit to the Committee on Foreign Affairs 
                of the House of Representatives and the Committee on 
                Foreign Relations of the Senate a copy of each 
                notification required under subparagraph (A).''.

    (c) Additional Information on Department of Defense Coalition 
Support Funds for Pakistan.--Subsection (b) of such section is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Requirement to submit information relating to claims 
        disallowed or deferred by the united states.--
                    ``(A) In general.--The Secretary of Defense shall 
                submit, in the manner specified in subparagraph (B), an 
                itemized description of the costs claimed by the 
                Government of Pakistan for logistical, military, or 
                other support provided by Pakistan to the United States 
                for which the United States will disallow or defer 
                reimbursement to the Government of Pakistan under the 
                authority of any provision of law described in paragraph 
                (1)(B).
                    ``(B) Manner of submission.--
                          ``(i) In general.--To the maximum extent 
                      practicable, the Secretary shall submit each 
                      itemized description of costs required under 
                      subparagraph (A) as part of the notification 
                      required under paragraph (1).
                          ``(ii) Alternative submission.--To the extent 
                      that an itemized description of costs required 
                      under subparagraph (A) is not submitted in 
                      accordance with clause (i), the Secretary shall 
                      submit such description not later than 180 days 
                      after the date on which a decision to disallow or 
                      defer reimbursement for the costs claimed is made.
                    ``(C) Form.--Each itemized description of costs 
                required under subparagraph (B) shall be submitted in an 
                unclassified form, but may include a classified annex, 
                if necessary.''.

    (d) Extension of Notification Requirement Relating to Department of 
Defense Coalition Support Funds for Pakistan.--Subsection (b)(6) of such 
section, as redesignated by subsection (c) of this section, is amended 
by striking ``September 30, 2009'' and inserting ``September 30, 2010''.
    (e) Report Relating to Department of Defense Coalition Support Funds 
for Pakistan.--Such section is further amended by adding at the end the 
following new subsection:
    ``(c) Report Relating to Department of Defense Coalition Support 
Funds for Pakistan.--
            ``(1) Report required.--Not later than 180 days after the 
        date of the enactment of the Duncan Hunter National Defense 
        Authorization Act for Fiscal Year 2009, the Secretary of Defense 
        shall submit to the appropriate congressional committees a 
        report that contains a detailed description of efforts by the 
        Secretary of Defense to address the findings and implement the 
        recommendations made by the Government Accountability Office in 
        its report entitled `Combating Terrorism: Increased

[[Page 122 STAT. 4636]]

        Oversight and Accountability Needed Over Pakistan Reimbursement 
        Claims for Coalition Support Funds' (GAO-08-806; June 24, 2008).
            ``(2) Appropriate congressional committee defined.--In this 
        subsection, the term `appropriate congressional committees' has 
        the meaning given the term in subsection (a)(5).''.
SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO TRAIN, 
                          ASSIST, AND ADVISE UNITS OF THE IRAQI 
                          POLICE SERVICE.

    (a) Study and Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Secretary of State and the Government of Iraq, shall conduct a study 
and submit to the appropriate congressional committees a report 
containing the recommendations of the Secretary of Defense on--
            (1) the number of personnel required for Police Transition 
        Teams to train, assist, and advise units of the Iraqi Police 
        Service in fiscal year 2009 and in fiscal year 2010;
            (2) the funding required to support the level of personnel 
        described in paragraph (1) in fiscal year 2009 and in fiscal 
        year 2010; and
            (3) the feasibility of transferring responsibility for the 
        provision of the personnel described in paragraph (1) and the 
        support described in paragraph (2) from the Department of 
        Defense to the Department of State.

    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex if 
required.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.

                        Subtitle C--Other Matters

SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL 
                          COOPERATION PROGRAMS.

    (a) Expansion of Authority for Bilateral and Regional Programs to 
Cover Multilateral Programs.--Section 1051 of title 10, United States 
Code, is amended--
            (1) in subsection (a), by striking ``a bilateral'' and 
        inserting ``a multilateral, bilateral,''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by striking ``to and'' and inserting ``to, 
                      from, and''; and
                          (ii) by striking ``bilateral'' and inserting 
                      ``multilateral, bilateral,''; and
                    (B) in paragraph (2), by striking ``bilateral'' and 
                inserting ``multilateral, bilateral,''.

    (b) Availability of Funds for Programs and Activities Across Fiscal 
Years.--

[[Page 122 STAT. 4637]]

            (1) In general.--Such section is further amended by adding 
        at the end the following new subsection:

    ``(e) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for programs and 
activities under this section that begin in a fiscal year and end in the 
following fiscal year.''.
            (2) Effective <<NOTE: 10 USC 1051 note.>> date.--The 
        amendment made by paragraph (1) shall take effect on October 1, 
        2008, and shall apply with respect to programs and activities 
        under section 1051 of title 10, United States Code, as so 
        amended, that begin on or after that date.

    (c) Conforming and Clerical Amendments.--
            (1) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 1051. Multilateral, bilateral, or regional cooperation 
                  programs: payment of personnel expenses''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 53 of such title is amended by striking the 
        item relating to section 1051 and inserting the following new 
        item:

``1051. Multilateral, bilateral, or regional cooperation programs: 
           payment of personnel expenses.''.

SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN 
                          MULTINATIONAL MILITARY CENTERS OF 
                          EXCELLENCE.

    (a) Participation Authorized.--
            (1) In general.--Subchapter II of chapter 138 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 2350m. Participation in multinational military centers of 
                    excellence

    ``(a) Participation Authorized.--The Secretary of Defense may, with 
the concurrence of the Secretary of State, authorize the participation 
of members of the armed forces and Department of Defense civilian 
personnel in any multinational military center of excellence for 
purposes of--
            ``(1) enhancing the ability of military forces and civilian 
        personnel of the nations participating in such center to engage 
        in joint exercises or coalition or international military 
        operations; or
            ``(2) improving interoperability between the armed forces 
        and the military forces of friendly foreign nations.

    ``(b) Memorandum of Understanding.--(1) The participation of members 
of the armed forces or Department of Defense civilian personnel in a 
multinational military center of excellence under subsection (a) shall 
be in accordance with the terms of one or more memoranda of 
understanding entered into by the Secretary of Defense, with the 
concurrence of the Secretary of State, and the foreign nation or nations 
concerned.
    ``(2) If Department of Defense facilities, equipment, or funds are 
used to support a multinational military center of excellence under 
subsection (a), the memoranda of understanding under paragraph (1) with 
respect to that center shall provide details of any cost-sharing 
arrangement or other funding arrangement.

[[Page 122 STAT. 4638]]

    ``(c) Availability of Appropriated Funds.--(1) Funds appropriated to 
the Department of Defense for operation and maintenance are available as 
follows:
            ``(A) To pay the United States share of the operating 
        expenses of any multinational military center of excellence in 
        which the United States participates under this section.
            ``(B) To pay the costs of the participation of members of 
        the armed forces and Department of Defense civilian personnel in 
        multinational military centers of excellence under this section, 
        including the costs of expenses of such participants.

    ``(2) No funds may be used under this section to fund the pay or 
salaries of members of the armed forces and Department of Defense 
civilian personnel who participate in multinational military centers of 
excellence under this section.
    ``(d) Use of Department of Defense Facilities and Equipment.--
Facilities and equipment of the Department of Defense may be used for 
purposes of the support of multinational military centers of excellence 
under this section that are hosted by the Department.
    ``(e) Annual Reports on Use of Authority.--(1) Not later than 
October 31, 2009, and annually thereafter, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives a report on 
the use of the authority in this section during the preceding fiscal 
year.
    ``(2) Each report required by paragraph (1) shall include, for the 
fiscal year covered by such report, the following:
            ``(A) A detailed description of the participation of the 
        Department of Defense, and of members of the armed forces and 
        civilian personnel of the Department, in multinational military 
        centers of excellence under the authority of this section.
            ``(B) For each multinational military center of excellence 
        in which the Department of Defense, or members of the armed 
        forces or civilian personnel of the Department, so 
        participated--
                    ``(i) a description of such multinational military 
                center of excellence;
                    ``(ii) a description of the activities participated 
                in by the Department, or by members of the armed forces 
                or civilian personnel of the Department; and
                    ``(iii) a statement of the costs of the Department 
                for such participation, including--
                          ``(I) a statement of the United States share 
                      of the expenses of such center and a statement of 
                      the percentage of the United States share of the 
                      expenses of such center to the total expenses of 
                      such center; and
                          ``(II) a statement of the amount of such costs 
                      (including a separate statement of the amount of 
                      costs paid for under the authority of this section 
                      by category of costs).

    ``(f) Multinational Military Center of Excellence Defined.--In this 
section, the term `multinational military center of excellence' means an 
entity sponsored by one or more nations that is accredited and approved 
by the Military Committee of the North Atlantic Treaty Organization 
(NATO) as offering recognized expertise and experience to personnel 
participating in the activities

[[Page 122 STAT. 4639]]

of such entity for the benefit of NATO by providing such personnel 
opportunities to--
            ``(1) enhance education and training;
            ``(2) improve interoperability and capabilities;
            ``(3) assist in the development of doctrine; and
            ``(4) validate concepts through experimentation.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 138 of such title is 
        amended by adding at the end the following new item:

``2350m. Participation in multinational military centers of 
           excellence.''.

    (b) Repeal of Superseded Authority.--Section 1205 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2416) is repealed.
    (c) Effective <<NOTE: 10 USC 2350m note.>> Date.--The amendments 
made by this section shall take effect on October 1, 2008.
SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE 
                          CONTRACTORS IN CERTAIN SPACE ACTIVITIES 
                          OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Review Required.--The Secretary of Defense shall conduct a 
review to determine whether there are any security risks associated with 
participation by covered contractors in certain space activities of the 
People's Republic of China.
    (b) Matters to Be Included.--The review required under subsection 
(a) shall include, at a minimum, a review of the following:
            (1) Whether there have been any incidents with respect to 
        which a determination has been made that an improper disclosure 
        of covered information by a covered contractor has occurred 
        during the five-year period ending on the date of the enactment 
        of this Act.
            (2) The increase, if any, in the number of covered 
        contractors expected to occur during the 5-year period beginning 
        on the date of the enactment of this Act.
            (3) The extent to which the policies and procedures of the 
        Department of Defense are sufficient to protect against the 
        improper disclosure of covered information by a covered 
        contractor during the 5-year period beginning on the date of the 
        enactment of this Act.
            (4) The Secretary's conclusions regarding awards of 
        contracts by the Department of Defense to covered contractors 
        after the date of the enactment of this Act.
            (5) Any other matters that the Secretary determines to be 
        appropriate to include in the review.

    (c) Cooperation From Other Departments and Agencies.--The Secretary 
of State, the Director of National Intelligence, and the head of any 
other United States Government department or agency shall cooperate in a 
complete and timely manner to provide the Secretary of Defense with data 
and other information necessary for the Secretary of Defense to carry 
out the review required under subsection (a).
    (d) Report.--
            (1) In general.--Not later than March 1, 2009, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report on the review required under subsection (a).

[[Page 122 STAT. 4640]]

            (2) Form.--The report required under this subsection shall 
        include a summary in unclassified form to the maximum extent 
        practicable.

    (e) Definitions.--In this section:
            (1) Certain space activities of the people's republic of 
        china.--The term ``certain space activities of the People's 
        Republic of China'' means--
                    (A) the development or manufacture of satellites for 
                launch from the People's Republic of China; and
                    (B) the launch of satellites from the People's 
                Republic of China.
            (2) Covered contractor.--The term ``covered contractor'' 
        means a contractor of the Department of Defense, and any 
        subcontractor (at any tier) of the contractor, that--
                    (A) has access to covered information; and
                    (B) participates, or is part of a joint venture that 
                participates, or whose parent, sister, subsidiary, or 
                affiliate company participates, in certain space 
                activities in the People's Republic of China.
            (3) Covered information.--The term ``covered information'' 
        means classified information and sensitive controlled 
        unclassified information obtained under contracts (or 
        subcontracts of such contracts) of the Department of Defense.
SEC. 1234. <<NOTE: 50 USC 2367 note.>> REPORT ON IRAN'S CAPABILITY 
                          TO PRODUCE NUCLEAR WEAPONS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Director of National 
Intelligence shall submit to Congress a report on Iran's capability to 
produce nuclear weapons. The report required under this subsection may 
be submitted in classified form.
    (b) Matters to Be Included.--The report required under subsection 
(a) shall include the following:
            (1) The locations, types, and number of centrifuges and 
        other specialized equipment necessary for the enrichment of 
        uranium and any plans to acquire, manufacture, and operate such 
        equipment in the future.
            (2) An estimate of the amount, if any, of highly enriched 
        uranium and weapons grade plutonium acquired or produced to 
        date, an estimate of the amount of weapons grade plutonium that 
        is likely to be produced or acquired in the near- and midterms 
        and the amount of highly enriched uranium that is likely to be 
        produced or acquired in the near- and midterms, and the number 
        of nuclear weapons that could be produced with such materials.
            (3) A evaluation of the extent to which security and 
        safeguards at any nuclear site prevent, slow, verify, or help 
        monitor the enrichment of uranium or the reprocessing of 
        plutonium into weapons-grade materials.
            (4) A description of any weaponization activities, such as 
        the research, design, development, or testing of nuclear weapons 
        or weapons-related components.
            (5) A description of any programs to construct, acquire, 
        test, or improve methods to deliver nuclear weapons, including 
        an assessment of the likely progress of such programs in the 
        near- and mid-terms.

[[Page 122 STAT. 4641]]

            (6) A summary of assessments made by allies of the United 
        States of Iran's nuclear weapons program and nuclear-capable 
        delivery systems programs.

    (c) Notification.--The <<NOTE: President.>> President shall notify 
Congress, in writing, within 15 days of determining that--
            (1) Iran has resumed a nuclear weapons program;
            (2) Iran has met or surpassed any major milestone in its 
        nuclear weapons program; or
            (3) Iran has undertaken to accelerate, decelerate, or cease 
        the development of any significant element within its nuclear 
        weapons program.
SEC. 1235. <<NOTE: 10 USC 1580 note.>> EMPLOYMENT FOR RESETTLED 
                          IRAQIS.

    (a) In General.--The Secretary of Defense and the Secretary of State 
are authorized to jointly establish and operate a temporary program to 
offer employment as translators, interpreters, or cultural awareness 
instructors to individuals described in subsection (b). Individuals 
described in such subsection may be appointed to temporary positions of 
one year or less outside Iraq with either the Department of Defense or 
the Department of State, without competition and without regard for the 
provisions of chapter 51 and subchapter III of chapter 53 of title 5, 
United States Code. Such individuals may also be hired as personal 
services contractors by either of such Departments to provide 
translation, interpreting, or cultural awareness instruction, except 
that such individuals so hired shall not by virtue of such employment be 
considered employees of the United States Government, except for 
purposes of chapter 81 of title 5, United States Code, and chapter 171 
of title 28, United States Code.
    (b) Eligibility.--Individuals referred to in subsection (a) are 
Iraqi nationals who--
            (1) have received a special immigrant visa issued pursuant 
        to section 1059 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163) or section 1244 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181); and
            (2) are lawfully present in the United States.

    (c) Funding.--
            (1) In general.--Except as provided in paragraph (2), the 
        program established under subsection (a) shall be funded from 
        the annual general operating budget of the Department of 
        Defense.
            (2) Exception.--The Secretary of State shall reimburse the 
        Department of Defense for any costs associated with individuals 
        described in subsection (b) whose work is for or on behalf of 
        the Department of State.

    (d) Rule of Construction Regarding Access to Classified 
Information.--Nothing in this section may be construed as affecting in 
any manner practices and procedures regarding the handling of or access 
to classified information.
    (e) Information Sharing.--The Secretary of Defense and the Secretary 
of State shall work with the Secretary of Homeland Security and the 
Office of Refugee Resettlement of the Department of Health and Human 
Services to ensure that individuals described in subsection (b) are 
informed of the program established under subsection (a).

[[Page 122 STAT. 4642]]

    (f) Regulation.--The Secretary of Defense, jointly with the 
Secretary of State and with the concurrence of the Director of the 
Office of Personnel Management, shall prescribe such regulations as are 
necessary to carry out the program established under subsection (a), 
including ensuring the suitability for employment described in 
subsection (a) of individuals described in subsection (b), determining 
the number of positions, and establishing pay scales and hiring 
procedures.
    (g) Termination.--
            (1) In general.--Except as provided in paragraph (2), the 
        program established under subsection (a) shall terminate on 
        December 31, 2014.
            (2) Earlier termination.--
        If <<NOTE: Notification. Deadline.>> the Secretary of Defense, 
        jointly with the Secretary of State, determines that the program 
        established under subsection (a) should terminate before the 
        date specified in paragraph (1), the Secretaries may terminate 
        the program if the Secretaries notify Congress in writing of 
        such termination at least 180 days before such termination.
SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT ON 
                          CLAIMS RELATING TO THE BOMBING OF THE 
                          LABELLE DISCOTHEQUE.

    Section 1225(b) of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3465), as amended by section 
1261(1)(B) of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 405), is further amended--
            (1) in paragraph (2)--
                    (A) <<NOTE: Deadlines.>> by striking ``Not later 
                than one year after enactment of this Act, and not later 
                than two years after enactment of this Act'' and 
                inserting ``Not later than 90 days after the date of the 
                enactment of the Duncan Hunter National Defense 
                Authorization Act for Fiscal Year 2009, and every 180 
                days thereafter''; and
                    (B) by adding at the end the following new sentence: 
                ``Each update under this paragraph after the date of the 
                enactment of the Duncan Hunter National Defense 
                Authorization Act for Fiscal Year 2009 shall be 
                submitted in unclassified form, but may include a 
                classified annex.''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Termination.--The requirement to submit updates under 
        paragraph (2) shall terminate upon submission by the Secretary 
        of State to Congress of the certification described in section 
        5(a)(2) of the Libya Claims Resolution Act (Public Law 110-301; 
        122 Stat. 3000).''.
SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNERSHIP 
                          AUTHORITIES.

    (a) In General.--Not later than December 31, 2010, the Secretary of 
Defense and the Secretary of State shall jointly submit to the 
appropriate committees of Congress a report on the implementation of the 
Building Global Partnership authorities during the period beginning on 
the date of the enactment of this Act and ending on September 30, 2010.
    (b) Elements.--The report required by subsection (a) shall include 
the following:

[[Page 122 STAT. 4643]]

            (1) A detailed summary of the programs conducted under the 
        Building Global Partnership authorities during the period 
        covered by the report, including, for each country receiving 
        assistance under such a program, a description of the assistance 
        provided and its cost.
            (2) An assessment of the impact of the assistance provided 
        under the Building Global Partnership authorities with respect 
        to each country receiving assistance under such authorities.
            (3) A description of--
                    (A) the processes used by the Department of Defense 
                and the Department of State to jointly formulate, 
                prioritize, and select projects to be funded under the 
                Building Global Partnership authorities; and
                    (B) the processes, if any, used by the Department of 
                Defense and the Department of State to evaluate the 
                success of each project so funded after its completion.
            (4) A statement of the projects initiated under the Building 
        Global Partnership authorities that were subsequently 
        transitioned to and sustained under the authorities of the 
        Foreign Assistance Act of 1961 or other authorities.
            (5) An assessment of the utility of the Building Global 
        Partnership authorities, and of any gaps in such authorities, 
        including an assessment of the feasability and advisability of 
        continuing such authorities beyond their current dates of 
        expiration (whether in their current form or with such 
        modifications as the Secretary of Defense and the Secretary of 
        State jointly consider appropriate).

    (c) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Committee on Foreign 
                Relations of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Committee on Foreign Affairs 
                of the House of Representatives.
            (2) Building global partnership authorities.--The term 
        ``Building Global Partnership authorities'' means the following:
                    (A) Authority for building capacity of foreign 
                military forces.--The authorities provided in section 
                1206 of the National Defense Authorization Act for 
                Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), 
                as amended by section 1206 of the John Warner National 
                Defense Authorization Act for Fiscal Year 2007 (Public 
                Law 109-364; 120 Stat. 2418) and section 1206 of this 
                Act.
                    (B) Authority for security and stabilization 
                assistance.--The authorities provided in section 1207 of 
                the National Defense Authorization Act for Fiscal Year 
                2006 (119 Stat. 3458), as amended by section 1210 of the 
                National Defense Authorization Act for Fiscal Year 2008 
                (Public Law 110-181; 122 Stat. 369) and section 1207 of 
                this Act.
                    (C) Civic assistance authorities under combatant 
                commander initiative fund.--The authority to engage in 
                urgent and unanticipated civic assistance under the 
                Combatant Commander Initiative Fund under section 
                166a(b)(6) of title 10, United States Code, as a result 
                of

[[Page 122 STAT. 4644]]

                the amendments made by section 902 of the John Warner 
                National Defense Authorization Act for Fiscal Year 2007 
                (120 Stat. 2351).
SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT 
                          CERTAIN ANNUAL REPORTS TO CONGRESS 
                          REGARDING ALLIED CONTRIBUTIONS TO THE 
                          COMMON DEFENSE.

    (a) Modification of Certain Reports on Allied Contributions to the 
Common Defense.--Section 1003 of the Department of Defense Authorization 
Act, 1985 (Public Law 98-525; 98 Stat. 2576) <<NOTE: 22 USC 1928 
note.>> is amended--
            (1) by striking subsections (c) and (d); and
            (2) adding at the end the following new subsections:

    ``(c) The Secretary of Defense shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives each year, not later than March 1, a report 
containing a description of--
            ``(1) annual defense spending by each member nation of NATO, 
        by each member nation of the Euro-Atlantic Partnership Council 
        (EAPC), and by Japan, including available nominal budget figures 
        and defense spending as a percentage of the respective nation's 
        gross domestic product for the fiscal year immediately preceding 
        the fiscal year in which the report is submitted;
            ``(2) activities of each NATO member nation, each EAPC 
        member nation, and Japan to contribute to military or stability 
        operations in which the United States Armed Forces are a 
        participant;
            ``(3) any limitations that such nations place on the use of 
        their national contributions described in paragraph (2); and
            ``(4) any actions undertaken by the United States Government 
        to minimize those limitations described in paragraph (3).

    ``(d) The report required under subsection (c) shall be submitted in 
unclassified form, but may include a classified annex.''
    (b) Repeal of Report on Cost-Sharing.--Section 1313 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; <<NOTE: 22 USC 1928 note.>> 108 Stat. 2894) is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsections (c).

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
           funds.
Sec. 1302. Funding allocations.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS 
                          AND FUNDS.

    (a) Specification of Cooperative Threat Reduction Programs.--For 
purposes of section 301 and other provisions of this Act, Cooperative 
Threat Reduction programs are the programs specified in section 1501 of 
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C. 
2362 note).

[[Page 122 STAT. 4645]]

    (b) Fiscal Year 2009 Cooperative Threat Reduction Funds Defined.--As 
used in this title, the term ``fiscal year 2009 Cooperative Threat 
Reduction funds'' means the funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative Threat 
Reduction programs shall be available for obligation for fiscal years 
2009, 2010, and 2011.
SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $434,135,000 authorized 
to be appropriated to the Department of Defense for fiscal year 2009 in 
section 301(19) for Cooperative Threat Reduction programs, the following 
amounts may be obligated for the purposes specified:
            (1) For strategic offensive arms elimination in Russia, 
        $79,985,000.
            (2) For strategic nuclear arms elimination in Ukraine, 
        $6,400,000.
            (3) For nuclear weapons storage security in Russia, 
        $24,101,000.
            (4) For nuclear weapons transportation security in Russia, 
        $40,800,000.
            (5) For weapons of mass destruction proliferation prevention 
        in the states of the former Soviet Union, $59,286,000.
            (6) For biological threat reduction in the former Soviet 
        Union, $184,463,000.
            (7) For chemical weapons destruction, $1,000,000.
            (8) For defense and military contacts, $8,000,000.
            (9) For new Cooperative Threat Reduction initiatives, 
        $10,000,000.
            (10) For activities designated as Other Assessments/
        Administrative Costs, $20,100,000.

    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2009 Cooperative Threat Reduction funds may be 
obligated or expended for a purpose other than a purpose listed in 
paragraphs (1) through (10) of subsection (a) until 15 days after the 
date that the Secretary of Defense submits to Congress a report on the 
purpose for which the funds will be obligated or expended and the amount 
of funds to be obligated or expended. Nothing in the preceding sentence 
shall be construed as authorizing the obligation or expenditure of 
fiscal year 2009 Cooperative Threat Reduction funds for a purpose for 
which the obligation or expenditure of such funds is specifically 
prohibited under this title or any other provision of law.
    (c) Limited Authority to Vary Individual Amounts.--
            (1) In general.--Subject to paragraph (2), in any case in 
        which the Secretary of Defense determines that it is necessary 
        to do so in the national interest, the Secretary may obligate 
        amounts appropriated for fiscal year 2009 for a purpose listed 
        in paragraphs (1) through (10) of subsection (a) in excess of 
        the specific amount authorized for that purpose.
            (2) Notice-and-wait required.--An obligation of funds for a 
        purpose stated in paragraphs (1) through (10) of subsection (a) 
        in excess of the specific amount authorized for such purpose

[[Page 122 STAT. 4646]]

        may be made using the authority provided in paragraph (1) only 
        after--
                    (A) the Secretary submits to Congress notification 
                of the intent to do so together with a complete 
                discussion of the justification for doing so; and
                    (B) 15 days have elapsed following the date of the 
                notification.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical agents and munitions destruction, defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Sec. 1407. National Defense Sealift Fund amendments.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revisions to previously authorized disposals from the 
           National Defense Stockpile.

                Subtitle C--Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 
           Home.

                      Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the use of the Armed Forces and other activities and agencies of the 
Department of Defense for providing capital for working capital and 
revolving funds in amounts as follows:
            (1) For the Defense Working Capital Funds, $198,150,000.
            (2) For the Defense Working Capital Fund, Defense 
        Commissary, $1,291,084,000.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.

    Funds are hereby authorized to be appropriated for fiscal year 2009 
for the National Defense Sealift Fund in the amount of $1,608,572,000.
SEC. 1403. DEFENSE HEALTH PROGRAM.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for the Department of Defense for fiscal year 2009 for 
expenses, not otherwise provided for, for the Defense Health Program, in 
the amount of $24,966,917,000, of which--
            (1) $24,467,074,000 is for Operation and Maintenance;
            (2) $195,938,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $303,905,000 is for Procurement.

    (b) Source of Certain Funds.--Of the amount available under 
subsection (a), $1,300,000,000 shall, to the extent provided in advance 
in an Act making appropriations for fiscal year 2009, be available by 
transfer from the National Defense Stockpile Transaction Fund 
established under subsection (a) of section 9 of the Strategic and 
Critical Materials Stock Piling Act (50 U.S.C. 98h).

[[Page 122 STAT. 4647]]

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for the Department of Defense for fiscal year 2009 for 
expenses, not otherwise provided for, for Chemical Agents and Munitions 
Destruction, Defense, in the amount of $1,485,634,000, of which--
            (1) $1,152,668,000 is for Operation and Maintenance;
            (2) $268,881,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $64,085,000 is for Procurement.

    (b) Use.--Amounts authorized to be appropriated under subsection (a) 
are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
                          WIDE.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2009 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the 
amount of $1,060,463,000.
SEC. 1406. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2009 for expenses, not otherwise provided for, 
for the Office of the Inspector General of the Department of Defense, in 
the amount of $273,845,000, of which--
            (1) $270,445,000 is for Operation and Maintenance; and
            (2) $3,400,000 is for Procurement.
SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS.

    Section 2218 of title 10, United States Code, is amended--
            (1) by striking subsection (j) and redesignating subsections 
        (k) and (l) as subsections (j) and (k), respectively; and
            (2) in paragraph (2) of subsection (k) (as so redesignated), 
        by striking subparagraphs (B) thru (I) and inserting the 
        following new subparagraph (B):
            ``(B) Any other auxiliary vessel that was procured or 
        chartered with specific authorization in law for the vessel, or 
        class of vessels, to be funded in the National Defense Sealift 
        Fund.''.

                 Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 2009, the 
National Defense Stockpile Manager may obligate up to $41,153,000 of the 
funds in the National Defense Stockpile Transaction Fund established 
under subsection (a) of section 9 of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of 
such funds under subsection (b)(2) of

[[Page 122 STAT. 4648]]

such section, including the disposal of hazardous materials that are 
environmentally sensitive.
    (b) Additional <<NOTE: Notification.>> Obligations.--The National 
Defense Stockpile Manager may obligate amounts in excess of the amount 
specified in subsection (a) if the National Defense Stockpile Manager 
notifies Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager may 
make the additional obligations described in the notification after the 
end of the 45-day period beginning on the date on which Congress 
receives the notification.

    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM THE 
                          NATIONAL DEFENSE STOCKPILE.

    (a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)(7) of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 50 U.S.C. 98d note), as most recently amended by 
section 1412(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 418), is further amended by 
striking ``$1,066,000,000 by the end of fiscal year 2015'' and inserting 
``$1,386,000,000 by the end of fiscal year 2016''.
    (b) Fiscal Year 1998 Disposal Authority.--Section 3305(a)(5) of the 
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 50 U.S.C. 98d note), as most recently amended by section 3302(b) of 
the John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2513), is further amended by striking 
``2008'' and inserting ``2009''.

                Subtitle C--Armed Forces Retirement Home

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
                          RETIREMENT HOME.

    There is authorized to be appropriated for fiscal year 2009 from the 
Armed Forces Retirement Home Trust Fund the sum of $63,010,000 for the 
operation of the Armed Forces Retirement Home.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI 
                 FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Authorization of additional appropriations for operations in 
           Afghanistan and Iraq for fiscal year 2009.
Sec. 1502. Requirement for separate display of budgets for Afghanistan 
           and Iraq.
Sec. 1503. Joint Improvised Explosive Device Defeat Fund.
Sec. 1504. Science and technology investment strategy to defeat or 
           counter improvised explosive devices.
Sec. 1505. Limitations on Iraq Security Forces Fund.
Sec. 1506. Limitations on Afghanistan Security Forces Fund.
Sec. 1507. Special transfer authority.

[[Page 122 STAT. 4649]]

Sec. 1508. Prohibition on use of United States funds for certain 
           facilities projects in Iraq and contributions by the 
           Government of Iraq to combined operations and other 
           activities in Iraq.

SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
                          OPERATIONS IN AFGHANISTAN AND IRAQ FOR 
                          FISCAL YEAR 2009.

    (a) Authorization of Previously Appropriated Amounts.--In addition 
to the amounts otherwise authorized to be appropriated by division A of 
this Act, the amounts appropriated for fiscal year 2009 in chapter 2 of 
title IX of the Supplemental Appropriations Act, 2008 (Public Law 110-
252; 122 Stat. 2405-2414) are hereby authorized to be appropriated.
    (b) Additional Authorization.--In addition to the amounts otherwise 
authorized to be appropriated by division A of this Act and subsection 
(a), funds in the amount of $2,076,000,000 are hereby authorized to be 
appropriated for aircraft procurement, Air Force, for the purpose of 
acquiring six C-17 aircraft.
SEC. 1502. <<NOTE: 10 USC 221 note.>> REQUIREMENT FOR SEPARATE 
                          DISPLAY OF BUDGETS FOR AFGHANISTAN AND 
                          IRAQ.

    (a) Operations in Iraq and Afghanistan.--In any annual or 
supplemental budget request for the Department of Defense that is 
submitted to Congress after the date of the enactment of this Act, the 
Secretary of Defense shall set forth separately any funding requested in 
such budget request for--
            (1) operations of the Department of Defense in Afghanistan; 
        and
            (2) operations of the Department of Defense in Iraq.

    (b) Specificity of Display.--Each budget request covered by 
subsection (a) shall, for any funding requested for operations in Iraq 
or Afghanistan--
            (1) clearly display the amount of such funding at the 
        appropriation account level and at the program, project, or 
        activity level; and
            (2) include a detailed description of the assumptions 
        underlying the funding for the period covered by the budget 
        request, including the anticipated troop levels, the operations 
        intended to be carried out, and the equipment reset requirements 
        necessary to support such operations.
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

    (a) Use and Transfer of <<NOTE: Applicability.>> Funds.--Subsections 
(b) and (c) of section 1514 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2439), as amended by subsection (b), shall apply to the funds 
appropriated pursuant to the authorization of appropriations in section 
1501 of this Act and made available to the Department of Defense for the 
Joint Improvised Explosive Device Defeat Fund.

    (b) Modification of Funds Transfer Authority.--Section 1514(c)(1) of 
the John Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 120 Stat. 2439) is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (A) through (D), respectively.

    (c) Prior Notice of Transfer of Funds.--Section 1514(c)(4) of the 
John Warner National Defense Authorization Act for Fiscal

[[Page 122 STAT. 4650]]

Year 2007 (Public Law 109-364; 120 Stat. 2439) is amended by inserting 
after ``five days'' the following: ``(in the case of the obligation of 
funds) or 15 days (in the case of a transfer of funds)''.
    (d) Monthly Obligations and Expenditure Reports.--Not later than 15 
days after the end of each month of fiscal year 2009, the Secretary of 
Defense shall provide to the congressional defense committees a report 
on the Joint Improvised Explosive Device Defeat Fund explaining monthly 
commitments, obligations, and expenditures by line of action.
    (e) Modification of Submittal Date of Other Reports.--Section 
1514(e) of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109-364; 120 Stat. 2440) is amended by striking 
``30 days'' and inserting ``60 days''.
SEC. 1504. <<NOTE: 10 USC 2358 note.>> SCIENCE AND TECHNOLOGY 
                          INVESTMENT STRATEGY TO DEFEAT OR COUNTER 
                          IMPROVISED EXPLOSIVE DEVICES.

    (a) Strategy Required.--The Director of the Joint Improvised 
Explosive Device Defeat Organization (JIEDDO), jointly with the Director 
of Defense Research and Engineering, shall develop a comprehensive 
science and technology investment strategy for countering the threat of 
improvised explosive devices (IEDs).
    (b) Elements.--The strategy developed under subsection (a) shall 
include the following:
            (1) Identification of counter-IED capability gaps.
            (2) A taxonomy describing the major technical areas for the 
        Department of Defense to address the counter-IED capability gaps 
        and in which science and technology funding investments should 
        be made.
            (3) Identification of funded programs to develop or mature 
        technologies from or to the level of system or subsystem model 
        or prototype demonstration in a relevant environment, and 
        investment levels for those initiatives.
            (4) Identification of JIEDDO's mechanisms for coordinating 
        Department of Defense and Federal Government science and 
        technology activities in areas covered by the strategy.
            (5) Identification of technology transition mechanisms 
        developed or utilized to efficiently transition technologies to 
        acquisition programs of the Department of Defense or into 
        operational use, including a summary of counter-IED technologies 
        transitioned from JIEDDO, the military departments, and other 
        Defense Agencies to the acquisition programs or into operational 
        use.
            (6) Identification of high priority basic research efforts 
        that should be addressed through JIEDDO or other Department of 
        Defense activities to support development of next generation IED 
        defeat capabilities.
            (7) Identification of barriers or issues, such as industrial 
        base, workforce, or statutory or regulatory barriers, that could 
        hinder the efficient and effective development and operational 
        use of advanced IED defeat capabilities, and discussion of 
        activities undertaken to address them.
            (8) Identification of the measures of effectiveness for the 
        overall Department of Defense science and technology counter-IED 
        effort.
            (9) Such other matters as the Director of the JIEDDO and the 
        Director of Defense Research and Engineering consider 
        appropriate.

[[Page 122 STAT. 4651]]

    (c) Report.--Not later than March 1, 2009, and each March 1 
thereafter through March 1, 2013, the Director of the JIEDDO and the 
Director of Defense Research and Engineering shall jointly submit to the 
congressional defense committees a report describing the implementation 
of the strategy developed under subsection (a). The report may be in 
unclassified and classified format, as necessary.
SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND.

    Funds appropriated pursuant to the authorization of appropriations 
in section 1501 of this Act or in the Supplemental Appropriations Act, 
2008 (Public Law 110-252; 122 Stat. 2407) and made available to the 
Department of Defense for the Iraq Security Forces Fund shall be subject 
to the conditions contained in subsections (b) through (g) of section 
1512 of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 426).
SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND.

    Funds appropriated pursuant to the authorization of appropriations 
in section 1501 of this Act or in the Supplemental Appropriations Act, 
2008 (Public Law 110-252; 122 Stat. 2407) and made available to the 
Department of Defense for the Afghanistan Security Forces Fund shall be 
subject to the conditions contained in subsections (b) through (g) of 
section 1513 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 428).
SEC. 1507. SPECIAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) Authority.--Upon determination by the Secretary of 
        Defense that such action is necessary in the national interest, 
        the Secretary may transfer amounts of authorizations made 
        available to the Department of Defense in this title for fiscal 
        year 2009 between any such authorizations for that fiscal year 
        (or any subdivisions thereof). Amounts of authorizations so 
        transferred shall be merged with and be available for the same 
        purposes as the authorization to which transferred.
            (2) Limitation.--The total amount of authorizations that the 
        Secretary may transfer under the authority of this section may 
        not exceed $4,000,000,000.

    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.
    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.
SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR CERTAIN 
                          FACILITIES PROJECTS IN IRAQ AND 
                          CONTRIBUTIONS BY THE GOVERNMENT OF IRAQ 
                          TO COMBINED OPERATIONS AND OTHER 
                          ACTIVITIES IN IRAQ.

    (a) Prohibition Related to Facilities for Government of Iraq.--
            (1) Prohibition on availability of united states funds for 
        projects.--Except as provided in paragraph (2), amounts 
        authorized to be appropriated by this title may not be obligated 
        or expended for the acquisition, conversion, rehabilitation, or 
        installation of facilities in Iraq for the use of the Government

[[Page 122 STAT. 4652]]

        of Iraq, political subdivisions of Iraq, or agencies, 
        departments, or forces of the Government of Iraq or such 
        political subdivisions.
            (2) Exceptions.--
                    (A) Exception for cerp.--The prohibition in 
                paragraph (1) does not apply to amounts authorized to be 
                appropriated by this title for the Commanders' Emergency 
                Response Program (CERP).
                    (B) Exception for military construction.--The 
                prohibition in paragraph (1) does not apply to military 
                construction (as defined in section 2801 of title 10, 
                United States Code), carried out in Iraq.
                    (C) Exception for technical assistance.--The 
                prohibition in paragraph (1) does not apply to the 
                provision of technical assistance necessary to assist 
                the Government of Iraq to carry out facilities projects 
                on its own behalf.

    (b) Combined Operations.--
            (1) Cost sharing.--The United States Government shall 
        initiate negotiations with the Government of Iraq on an 
        agreement under which the Government of Iraq shall share with 
        the United States Government the costs of combined operations of 
        the Government of Iraq and the Multi-National Forces Iraq 
        undertaken as part of Operation Iraqi Freedom.
            (2) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of State shall, in 
        conjunction with the Secretary of Defense, submit to Congress a 
        report describing the status of negotiations under paragraph 
        (1).

    (c) Iraqi Security Forces.--
            (1) Use of iraq funds.--The United States Government shall 
        take actions to ensure that Iraq funds are used to pay the costs 
        of the salaries, training, equipping, and sustainment of Iraqi 
        Security Forces.
            (2) Reports.--Not <<NOTE: President.>> later than 90 days 
        after the date of the enactment of this Act, and every 180 days 
        thereafter, the President shall submit to Congress a report 
        setting forth an assessment of the progress made in meeting the 
        requirements of paragraph (1).

     TITLE XVI-- <<NOTE: Reconstruction and Stabilization Civilian 
  Management Act of 2008.>> RECONSTRUCTION AND STABILIZATION CIVILIAN 
MANAGEMENT

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Authority to provide assistance for reconstruction and 
           stabilization crises.
Sec. 1605. Reconstruction and stabilization.
Sec. 1606. Authorities related to personnel.
Sec. 1607. Reconstruction and stabilization strategy.
Sec. 1608. Annual reports to Congress.

SEC. 1601. <<NOTE: 22 USC 2151 note.>> SHORT TITLE.

    This title may be cited as the ``Reconstruction and Stabilization 
Civilian Management Act of 2008''.

[[Page 122 STAT. 4653]]

SEC. 1602. <<NOTE: 22 USC 2368 note.>> FINDINGS.

    Congress finds the following:
            (1) In June 2004, the Office of the Coordinator for 
        Reconstruction and Stabilization (referred to as the 
        ``Coordinator'') was established in the Department of State with 
        the mandate to lead, coordinate, and institutionalize United 
        States Government civilian capacity to prevent or prepare for 
        post-conflict situations and help reconstruct and stabilize a 
        country or region that is at risk of, in, or is in transition 
        from, conflict or civil strife.
            (2) In December 2005, the Coordinator's mandate was 
        reaffirmed by the National Security Presidential Directive 44, 
        which instructed the Secretary of State, and at the Secretary's 
        direction, the Coordinator, to coordinate and lead integrated 
        United States Government efforts, involving all United States 
        departments and agencies with relevant capabilities, to prepare, 
        plan for, and conduct reconstruction and stabilization 
        operations.
            (3) National Security Presidential Directive 44 assigns to 
        the Secretary, with the Coordinator's assistance, the lead role 
        to develop reconstruction and stabilization strategies, ensure 
        civilian interagency program and policy coordination, coordinate 
        interagency processes to identify countries at risk of 
        instability, provide decision-makers with detailed options for 
        an integrated United States Government response in connection 
        with reconstruction and stabilization operations, and carry out 
        a wide range of other actions, including the development of a 
        civilian surge capacity to meet reconstruction and stabilization 
        emergencies. The Secretary and the Coordinator are also charged 
        with coordinating with the Department of Defense on 
        reconstruction and stabilization responses, and integrating 
        planning and implementing procedures.
            (4) The Department of Defense issued Directive 3000.05, 
        which establishes that stability operations are a core United 
        States military mission that the Department of Defense must be 
        prepared to conduct and support, provides guidance on stability 
        operations that will evolve over time, and assigns 
        responsibilities within the Department of Defense for planning, 
        training, and preparing to conduct and support stability 
        operations.
            (5) The President's Fiscal Year 2009 Budget Request to 
        Congress includes $248.6 million for a Civilian Stabilization 
        Initiative that would vastly improve civilian partnership with 
        United States Armed Forces in post-conflict stabilization 
        situations, including by establishing a Active Response Corps of 
        250 persons, a Standby Response Corps of 2,000 persons, and a 
        Civilian Response Corps of 2,000 persons.
SEC. 1603. <<NOTE: 22 USC 2734a note.>> DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the United States Agency for International 
        Development.
            (2) Agency.--The term ``agency'' means any entity included 
        in chapter 1 of title 5, United States Code.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee

[[Page 122 STAT. 4654]]

        on Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (4) Department.--Except as otherwise provided in this title, 
        the term ``Department'' means the Department of State.
            (5) Personnel.--The term ``personnel'' means individuals 
        serving in any service described in section 2101 of title 5, 
        United States Code, other than in the legislative or judicial 
        branch.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND 
                          STABILIZATION CRISES.

    Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 
U.S.C. 2351 et seq.) is amended by inserting after section 617 the 
following new section:
``SEC. 618. <<NOTE: 22 USC 2368.>> ASSISTANCE FOR A RECONSTRUCTION 
                        AND STABILIZATION CRISIS.

    ``(a) Assistance.--
            ``(1) In general.--If the President determines that it is in 
        the national security interests of the United States for United 
        States civilian agencies or non-Federal employees to assist in 
        reconstructing and stabilizing a country or region that is at 
        risk of, in, or is in transition from, conflict or civil strife, 
        the President may, in accordance with the provisions set forth 
        in section 614(a)(3), but notwithstanding any other provision of 
        law, and on such terms and conditions as the President may 
        determine, furnish assistance to such country or region for 
        reconstruction or stabilization using funds described in 
        paragraph (2).
            ``(2) Funds described.--The funds referred to in paragraph 
        (1) are funds made available under any other provision of this 
        Act, and transferred or reprogrammed for purposes of this 
        section, and such transfer or reprogramming shall be subject to 
        the procedures applicable to a notification under section 634A 
        of this Act.
            ``(3) Rule of construction.--Nothing in this section shall 
        be construed to provide authority to transfer funds between 
        accounts or between Federal departments or agencies.

    ``(b) Limitation.--The authority contained in this section may be 
exercised only during fiscal years 2009, 2010, and 2011.''.
SEC. 1605. RECONSTRUCTION AND STABILIZATION.

    Title I of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.) is amended by adding at the end the following new 
section:
``SEC. 62. <<NOTE: 22 USC 2734.>> RECONSTRUCTION AND 
                      STABILIZATION.

    ``(a) Office of the Coordinator for Reconstruction and 
Stabilization.--
            ``(1) Establishment.--There is established within the 
        Department of State the Office of the Coordinator for 
        Reconstruction and Stabilization.
            ``(2) Coordinator for reconstruction and stabilization.--The 
        head of <<NOTE: President.>> the Office shall be the Coordinator 
        for Reconstruction and Stabilization, who shall be appointed by

[[Page 122 STAT. 4655]]

        the President, by and with the advice and consent of the Senate. 
        The Coordinator shall report directly to the Secretary.
            ``(3) Functions.--The functions of the Office of the 
        Coordinator for Reconstruction and Stabilization shall include 
        the following:
                    ``(A) Monitoring, in coordination with relevant 
                bureaus and offices of the Department of State and the 
                United States Agency for International Development 
                (USAID), political and economic instability worldwide to 
                anticipate the need for mobilizing United States and 
                international assistance for the reconstruction and 
                stabilization of a country or region that is at risk of, 
                in, or are in transition from, conflict or civil strife.
                    ``(B) Assessing the various types of reconstruction 
                and stabilization crises that could occur and cataloging 
                and monitoring the non-military resources and 
                capabilities of agencies (as such term is defined in 
                section 1603 of the Reconstruction and Stabilization 
                Civilian Management Act of 2008) that are available to 
                address such crises.
                    ``(C) Planning, in conjunction with USAID, to 
                address requirements, such as demobilization, 
                disarmament, rebuilding of civil society, policing, 
                human rights monitoring, and public information, that 
                commonly arise in reconstruction and stabilization 
                crises.
                    ``(D) Coordinating with relevant agencies to develop 
                interagency contingency plans and procedures to mobilize 
                and deploy civilian personnel and conduct reconstruction 
                and stabilization operations to address the various 
                types of such crises.
                    ``(E) Entering into appropriate arrangements with 
                agencies to carry out activities under this section and 
                the Reconstruction and Stabilization Civilian Management 
                Act of 2008.
                    ``(F) Identifying personnel in State and local 
                governments and in the private sector who are available 
                to participate in the Civilian Reserve Corps established 
                under subsection (b) or to otherwise participate in or 
                contribute to reconstruction and stabilization 
                activities.
                    ``(G) Taking steps to ensure that training and 
                education of civilian personnel to perform such 
                reconstruction and stabilization activities is adequate 
                and is carried out, as appropriate, with other agencies 
                involved with stabilization operations.
                    ``(H) Taking steps to ensure that plans for United 
                States reconstruction and stabilization operations are 
                coordinated with and complementary to reconstruction and 
                stabilization activities of other governments and 
                international and nongovernmental organizations, to 
                improve effectiveness and avoid duplication.
                    ``(I) Maintaining the capacity to field on short 
                notice an evaluation team consisting of personnel from 
                all relevant agencies to undertake on-site needs 
                assessment.

    ``(b) Response Readiness Corps.--
            ``(1) Response readiness corps.--The Secretary, in 
        consultation with the Administrator of the United States Agency 
        for International Development and the heads of other appropriate 
        agencies of the United States Government, may establish

[[Page 122 STAT. 4656]]

        and maintain a Response Readiness Corps (referred to in this 
        section as the `Corps') to provide assistance in support of 
        reconstruction and stabilization operations in countries or 
        regions that are at risk of, in, or are in transition from, 
        conflict or civil strife. The Corps shall be composed of active 
        and standby components consisting of United States Government 
        personnel, including employees of the Department of State, the 
        United States Agency for International Development, and other 
        agencies who are recruited and trained (and employed in the case 
        of the active component) to provide such assistance when 
        deployed to do so by the Secretary to support the purposes of 
        this Act.
            ``(2) Civilian reserve corps.--The Secretary, in 
        consultation with the Administrator of the United States Agency 
        for International Development, may establish a Civilian Reserve 
        Corps for which purpose the Secretary is authorized to employ 
        and train individuals who have the skills necessary for carrying 
        out reconstruction and stabilization activities, and who have 
        volunteered for that purpose. The Secretary may deploy members 
        of the Civilian Reserve Corps pursuant to a determination by the 
        President under section 618 of the Foreign Assistance Act of 
        1961.
            ``(3) Mitigation of domestic impact.--The establishment and 
        deployment of any Civilian Reserve Corps shall be undertaken in 
        a manner that will avoid substantively impairing the capacity 
        and readiness of any State and local governments from which 
        Civilian Reserve Corps personnel may be drawn.

    ``(c) Existing Training and Education Programs.--The Secretary shall 
ensure that personnel of the Department, and, in coordination with the 
Administrator of USAID, that personnel of USAID, make use of the 
relevant existing training and education programs offered within the 
Government, such as those at the Center for Stabilization and 
Reconstruction Studies at the Naval Postgraduate School and the 
Interagency Training, Education, and After Action Review Program at the 
National Defense University.''.
SEC. 1606. <<NOTE: 22 USC 2734a.>>  AUTHORITIES RELATED TO 
                          PERSONNEL.

    (a) Extension of Certain Foreign Service Benefits.--The Secretary, 
or the head of any agency with respect to personnel of that agency, may 
extend to any individuals assigned, detailed, or deployed to carry out 
reconstruction and stabilization activities pursuant to section 62 of 
the State Department Basic Authorities Act of 1956 (as added by section 
1605 of this title), the benefits or privileges set forth in sections 
413, 704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 22 
U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that such 
benefits and privileges are extended to members of the Foreign Service.
    (b) Authority Regarding Details.--The Secretary is authorized to 
accept details or assignments of any personnel, and any employee of a 
State or local government, on a reimbursable or nonreimbursable basis 
for the purpose of carrying out this title, and the head of any agency 
is authorized to detail or assign personnel of such agency on a 
reimbursable or nonreimbursable basis to the Department of State for 
purposes of section 62 of the State Department Basic Authorities Act of 
1956, as added by section 1605 of this title.

[[Page 122 STAT. 4657]]

SEC. 1607. <<NOTE: 22 USC 2368 note.>>  RECONSTRUCTION AND 
                          STABILIZATION STRATEGY.

    (a) In General.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International Development, 
shall develop an interagency strategy to respond to reconstruction and 
stabilization operations.
    (b) Contents.--The strategy required under subsection (a) shall 
include the following:
            (1) Identification of and efforts to improve the skills sets 
        needed to respond to and support reconstruction and 
        stabilization operations in countries or regions that are at 
        risk of, in, or are in transition from, conflict or civil 
        strife.
            (2) Identification of specific agencies that can adequately 
        satisfy the skills sets referred to in paragraph (1).
            (3) Efforts to increase training of Federal civilian 
        personnel to carry out reconstruction and stabilization 
        activities.
            (4) Efforts to develop a database of proven and best 
        practices based on previous reconstruction and stabilization 
        operations.
            (5) A plan to coordinate the activities of agencies involved 
        in reconstruction and stabilization operations.
SEC. 1608. ANNUAL REPORTS TO CONGRESS.

    Not later than 180 days after the date of the enactment of this Act 
and annually for each of the five years thereafter, the Secretary of 
State shall submit to the appropriate congressional committees a report 
on the implementation of this title. The report shall include detailed 
information on the following:
            (1) Any steps taken to establish a Response Readiness Corps 
        and a Civilian Reserve Corps, pursuant to section 62 of the 
        State Department Basic Authorities Act of 1956 (as added by 
        section 1605 of this title).
            (2) The structure, operations, and cost of the Response 
        Readiness Corps and the Civilian Reserve Corps, if established.
            (3) How the Response Readiness Corps and the Civilian 
        Reserve Corps coordinate, interact, and work with other United 
        States foreign assistance programs.
            (4) An assessment of the impact that deployment of the 
        Civilian Reserve Corps, if any, has had on the capacity and 
        readiness of any domestic agencies or State and local 
        governments from which Civilian Reserve Corps personnel are 
        drawn.
            (5) The reconstruction and stabilization strategy required 
        by section 1607 and any annual updates to that strategy.
            (6) Recommendations to improve implementation of subsection 
        (b) of section 62 of the State Department Basic Authorities Act 
        of 1956, including measures to enhance the recruitment and 
        retention of an effective Civilian Reserve Corps.
            (7) A description of anticipated costs associated with the 
        development, annual sustainment, and deployment of the Civilian 
        Reserve Corps.

DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year 
2009.>>  B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.

    This division may be cited as the ``Military Construction 
Authorization Act for Fiscal Year 2009''.

[[Page 122 STAT. 4658]]

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE 
                          SPECIFIED BY LAW.

    (a) Expiration of Authorizations After Three Years.--Except as 
provided in subsection (b), all authorizations contained in titles XXI 
through XXVII and title XXIX for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall expire on the 
later of--
            (1) October 1, 2011; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2012.

    (b) Exception.--Subsection (a) shall not apply to authorizations for 
military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic Treaty 
Organization Security Investment Program (and authorizations of 
appropriations therefor), for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2011; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2012 for military construction projects, land 
        acquisition, family housing projects and facilities, or 
        contributions to the North Atlantic Treaty Organization Security 
        Investment Program.
SEC. 2003. <<NOTE: 10 USC 2687 note.>>  EFFECTIVE DATE.

    Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall take 
effect on the later of--
            (1) October 1, 2008; or
            (2) the date of the enactment of this Act.

                             TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
           2008 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 
           2007 projects.
Sec. 2107. Extension of authorizations of certain fiscal year 2006 
           projects.
Sec. 2108. Extension of authorization of certain fiscal year 2005 
           project.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 
                          PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(1), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations inside the 
United States, and in the amounts, set forth in the following table:

[[Page 122 STAT. 4659]]



                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                State                                  Installation or Location                       Amount
----------------------------------------------------------------------------------------------------------------
Alabama..............................  Anniston Army Depot.....................................      $46,400,000
                                       Fort Rucker.............................................       $6,800,000
                                       Redstone Arsenal........................................      $16,500,000
Alaska...............................  Fort Richardson.........................................      $18,100,000
                                       Fort Wainwright.........................................     $110,400,000
Arizona..............................  Fort Huachuca...........................................      $13,200,000
                                       Yuma Proving Ground.....................................       $3,800,000
California...........................  Fort Irwin..............................................      $39,600,000
                                       Presidio, Monterey......................................      $15,000,000
                                       Sierra Army Depot.......................................      $12,400,000
Colorado.............................  Fort Carson.............................................     $534,000,000
Georgia..............................  Fort Benning............................................     $267,800,000
                                       Fort Stewart/Hunter Army Air Field......................     $432,300,000
Hawaii...............................  Pohakuloa Training Area.................................      $30,000,000
                                       Schofield Barracks......................................     $279,000,000
                                       Wahiawa.................................................      $40,000,000
Indiana..............................  Crane Army Ammunition Activity..........................       $8,300,000
Kansas...............................  Fort Leavenworth........................................       $4,200,000
                                       Fort Riley..............................................     $158,000,000
Kentucky.............................  Fort Campbell...........................................     $118,113,000
Louisiana............................  Fort Polk...............................................      $29,000,000
Michigan.............................  Detroit Arsenal.........................................       $6,100,000
Missouri.............................  Fort Leonard Wood.......................................      $42,550,000
New Jersey...........................  Picatinny Arsenal.......................................       $9,900,000
New York.............................  Fort Drum...............................................      $96,900,000
                                       United States Military Academy..........................      $67,000,000
North Carolina.......................  Fort Bragg..............................................      $58,400,000
Oklahoma.............................  Fort Sill...............................................      $63,000,000
----------------------------------------------------------------------------------------------------------------


[[Page 122 STAT. 4660]]


 
                                       McAlester Army Ammunition Plant.........................       $5,800,000
Pennsylvania.........................  Carlisle Barracks.......................................      $13,400,000
                                       Letterkenny Army Depot..................................       $7,500,000
                                       Tobyhanna Army Depot....................................      $15,000,000
South Carolina.......................  Fort Jackson............................................      $30,000,000
Texas................................  Camp Bullis.............................................       $4,200,000
                                       Corpus Christi Army Depot...............................      $39,000,000
                                       Fort Bliss..............................................   $1,044,300,000
                                       Fort Hood...............................................      $49,500,000
                                       Fort Sam Houston........................................      $96,000,000
                                       Red River Army Depot....................................       $6,900,000
Virginia.............................  Fort Belvoir............................................       $7,200,000
                                       Fort Eustis.............................................      $31,900,000
                                       Fort Lee................................................     $100,600,000
                                       Fort Myer...............................................      $14,000,000
Washington...........................  Fort Lewis..............................................     $158,000,000
----------------------------------------------------------------------------------------------------------------



[[Page 122 STAT. 4661]]

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2104(a)(2), the 
Secretary of the Army may acquire real property and carry out military 
construction projects for the installations or locations outside the 
United States, and in the amounts, set forth in the following table:

[[Page 122 STAT. 4662]]



                                         Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
               Country                                 Installation or Location                       Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan..........................  Bagram Air Base.........................................      $67,000,000
Germany..............................  Katterbach..............................................      $19,000,000
                                       Wiesbaden Air Base......................................     $119,000,000
Japan................................  Camp Zama...............................................       $2,350,000
                                       Sagamihara..............................................      $17,500,000
Korea................................  Camp Humphreys..........................................      $20,000,000
----------------------------------------------------------------------------------------------------------------



[[Page 122 STAT. 4663]]

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire family 
housing units (including land acquisition and supporting facilities) at 
the installations or locations, in the number of units, and in the 
amounts set forth in the following table:

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
                Country                    Installation or Location              Units                Amount
----------------------------------------------------------------------------------------------------------------
Germany................................  Wiesbaden Air Base.........  326.......................    $133,000,000
Korea..................................  Camp Humphreys.............  216.......................    $125,000,000
----------------------------------------------------------------------------------------------------------------


    (b) Planning and Design.--Using amounts appropriated pursuant to the 
authorization of appropriations in section 2104(a)(5)(A), the Secretary 
of the Army may carry out architectural and engineering services and 
construction design activities with respect to the construction or 
improvement of family housing units in an amount not to exceed $579,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $420,001,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2008, for military 
construction, land acquisition, and military family housing functions of 
the Department of the Army in the total amount of $5,973,388,000, as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $4,010,063,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $185,350,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $23,000,000.
            (4) For host nation support and architectural and 
        engineering services and construction design under section 2807 
        of title 10, United States Code, $178,685,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $646,580,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $716,110,000.
            (6) For the construction of increment 3 of a barracks 
        complex at Fort Lewis, Washington, authorized by section 2101(a) 
        of the Military Construction Authorization Act for Fiscal Year

[[Page 122 STAT. 4664]]

        2007 (division B of Public Law 109-364; 120 Stat. 2445), as 
        amended by section 20814 of the Continuing Appropriations 
        Resolution, 2007 (division B of Public Law 109-289), as added by 
        section 2 of the Revised Continuing Resolution, 2007 (Public Law 
        110-5; 121 Stat 41), $102,000,000.
            (7) For the construction of increment 2 of the United States 
        Southern Command Headquarters at Miami Doral, Florida, 
        authorized by section 2101(a) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public Law 
        110-181; 122 Stat. 504), $81,600,000.
            (8) For the construction of increment 2 of the brigade 
        complex operations support facility at Vicenza, Italy, 
        authorized by section 2101(b) of the Military Construction 
        Authorization Act for Fiscal Year 2008 (division B of Public Law 
        110-181; 122 Stat. 505), $15,000,000.
            (9) For the construction of increment 2 of the brigade 
        complex barracks and community support facility at Vicenza, 
        Italy, authorized by section 2101(b) of the Military 
        Construction Authorization Act for Fiscal Year 2008 (division B 
        of Public Law 110-181; 122 Stat. 505), $15,000,000.

    (b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title 
10, United States Code, and any other cost variation authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed the sum of the following:
            (1) The total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a).
            (2) $60,000,000 (the balance of the amount authorized under 
        section 2101(a) for barracks and a dining facility at Fort 
        Carson, Colorado).
            (3) $80,000,000 (the balance of the amount authorized under 
        section 2101(a) for barracks and a dining facility at Fort 
        Stewart, Georgia).
            (4) $59,500,000 (the balance of the amount authorized under 
        section 2101(b) for the construction of a headquarters element 
        in Wiesbaden, Germany).
            (5) $101,000,000 (the balance of the amount authorized under 
        section 2102(a) for family housing at Wiesbaden, Germany).
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 
                          YEAR 2008 PROJECTS.

    (a) Inside the United States Projects.--The table in section 2101(a) 
of the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110-181; 122 Stat. 504) is amended--
            (1) in the item relating to Hawthorne Army Ammunition Plant, 
        Nevada, by striking ``$11,800,000'' in the amount column and 
        inserting ``$7,300,000'';
            (2) in the item relating to Fort Drum, New York, by striking 
        ``$311,200,000'' in the amount column and inserting 
        ``$304,600,000''; and
            (3) in the item relating to Fort Bliss, Texas, by striking 
        ``$118,400,000'' in the amount column and inserting 
        ``$111,900,000''.

    (b) Conforming Amendments.--Section 2104(a) of that Act (122 Stat. 
506) is amended--

[[Page 122 STAT. 4665]]

            (1) in the matter preceding paragraph (1), by striking 
        ``$5,106,703,000'' and inserting ``$5,089,103,000''; and
            (2) in paragraph (1), by striking ``$3,198,150,000'' and 
        inserting ``$3,180,550,000''.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 
                          YEAR 2007 PROJECTS.

    (a) Inside the United States Projects.--The table in section 2101(a) 
of the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109-364; 120 Stat. 2445), as amended by 
section 20814 of the Continuing Appropriations Resolution, 2007 
(division B of Public Law 109-289) and section 2105(a) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B of 
Public Law 110-181; 122 Stat. 507), is further amended in the item 
relating to Fort Bragg, North Carolina, by striking ``$96,900,000'' in 
the amount column and inserting ``$75,900,000''.
    (b) Outside the United States Projects.--The table in section 
2101(b) of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109-364; 120 Stat. 2446), as amended by 
section 2106(a) of the Military Construction Authorization Act for 
Fiscal Year 2008 (division B of Public Law 110-1